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UNITED STATES COURT OF APPEALS
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EMERGENCY PETITION FOR
SHERIFF OF LOS ANGELES WRIT OF MANDATE TO
14 COUNTY, et al, IMMEDIATELY ORDER TRIAL
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Respondents COURT TO ENTER WRIT OF
HABEAS CORPUS IN USDC CASE
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NO. CV-09-07943 OR ISSUE
17 ORDER TO SHOW CAUSE
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Petitioner (hereinafter “Fine”) has been incarcerated since March 4, 2009 in
21 the Los Angeles County Jail under "coercive incarceration" pursuant to a
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March.4, 2009 contempt order issued by LA Superior Court Judge David P.
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24 Yaffe. That contempt order is presently on appeal before this Court in the
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instant case. The issue certified for appeal is "whether the trial court judge
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27 [Judge Yaffe] should have recused himself". Oral argument is set for the week
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of December 7-11, 2009.
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During the District Court proceeding and the appeal proceeding, the
2 Respondent Sheriff, the LA Superior Court and Judge Yaffe (the latter two of
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whom are not respondents) in CV-09-1914 JFW (CW) made false statements to
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5 the Court. These statements showed that Fine's "coercive incarceration" was
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limited to 5 days under CCP §1218, and should not have been "unlimited".
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12 issue on appeal.
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The LA Superior Court, Judge Yaffe and Sheriff Leroy Baca knew that they
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15 could not hold Fine for more than 5 days under In Re Farr, 36 Cal.App.3d 577 (1974)
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and In Re William T. Farr, 64 Cal.App.3d 605 (1976). This created an independent
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violation of the taking of Fine's liberty without due process of law.
22 This admission proved that Fine was denied his Sixth Amendment right to a jury
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trial pursuant to the B&P Code § 6126 criminal charge of practicing law without
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causing his incarceration on grounds separate from those of the contempt
2 proceeding.
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On October 30, 2009, Fine filed a Petition for Writ of Habeas Corpus for
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5 setting forth those new and different grounds, USDC case no. CV-09-7943 JFW
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(CW). The Petition named the U.S. District Court (referring to actions of
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8 Magistrate Judge Woehrle and Judge Walter), the Sheriff of Los Angeles
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County, the LA Superior Court and Judge Yaffe as respondents. A true and
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correct copy of the Petition, marked as Exhibit “1”, is attached hereto and
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is permitted to try cases where he has an interest in the outcome”, cited in
19 Caperton v. A.T. Massey Coal Co., Inc., 566 US ___ (2009) decided June 8,
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2009, Slip Opinion page 10. Judge Walter and Magistrate Judge Woehrle were
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22 made aware of the Caperton precedent in case no. CV-09-1914 JFW (CW) but
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ignored it.
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25 Judge Walter and Magistrate Judge Woehrle violated due process when they
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denied the Petition as "successive" absent a writ of mandate from the Ninth
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Circuit. A true and correct copy of Judge Walter’s Order denying the Petition
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without prejudice is attached hereto as Exhibit “2” and incorporated herein by
2 this reference as if set forth in full.
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On October 6, 2009, Fine attempted to file a motion to recuse Judge Walter,
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8 release and to grant the writ. All of those documents were "received" by the
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Court but not "filed". True and correct copies of these documents are attached
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hereto, marked collectively as Exhibit “3”, and incorporated herein by this
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15 Judge Woehrle of deciding their own case, the writ of mandate must issue.
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Further, since the grounds of the Petition are not "successive" but separate and
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distinct and the result of the fraud on the Court by the LA Superior Court and
19 Judge Yaffe, and the violations of Section 2243 of Judge Walter and Magistrate
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Judge Woehrle, the writ must issue or, at a minimum, an order to show cause
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22 must issue with the Ex Parte Application set fort in Exhibit “3”.
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Emergency action is needed as Fine is now in his ninth month of
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25 incarceration, when the limit was 5 days under CCP § 1218 and the Farr cases.
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Each additional day that Fine remains in incarceration is a new violation of his
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constitutional rights.
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Dated this _____ day of November, 2009 Respectfully submitted,
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3 BY: _________________________
RICHARD I. FINE,
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In Pro Per
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PROOF OF SERVICE
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
Executed on this _____ day of November, 2009, at Rancho Dominguez,
California.
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FRED SOTTILE
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