Sunday, May 12, 2013

The 14th Sheepdog's Deranged Email About Kelley Lynch's Writ Of Habeas Corpus

The obsession continues.

Judge Ricciardulli's Order dated May 3 2013

Petitioner Kelley Lynch is hereby given permission to file a brief exceeding 6,800 words.  Petitioner's writ of habeas corpus brief is accepted for filing.

From: The-14th Sheepdog <>
Date: Sat, May 11, 2013 at 7:19 PM
Subject: People not required to answer habeas petition unless Court determines prima facie cases for relief stated
To: Kelley Lynch <>
Cc: Susanne Walsh <>

Ms. Lynch,

You write that you "cannot wait to see what the City Attorney says in response to my writ".
Assuming you mean the habeas writ you claim to have filed (you have refused to post or provide an endorsed filed face page thereof and I can find no record of such a petition being filed in the relevant on-line index), in all likelihood the People will never be called upon to respond.

The Court will first examine the writ (if and when it us actually FILE STAMPED with the proper court) to determine whether the allegations of the writ, even if true, entitle you to the relief requested (presumably the reversal of your criminal convictions). The Court will also determine whether you have met your obligation to attach all available evidence to the petition and whether the petition is otherwise in proper form.

Based on this preliminary assessment, the Court will either summarily deny the petition or issue an order to show cause. Then and only then will the City Attorney be required to file a response.

However, in the vast majority of cases, habeas petitions are summarily denied.

So don’t get your hopes up.