Stephen Gianelli a/k/a The 14th Sheepdog Has Been Advised To Cease & Desist His Criminal Harassment With Respect To Me - Now Over My Appeal, Oral Arguments, & Writ Of Habeas Corpus As I Am Addressing With The FBI

From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Wed, Apr 17, 2013 at 12:30 PM
Subject: Re: CALIFORNIA CRIMINAL APPELLATE PRACTICE MANUAL, chapt. 8; CALIFORNIA EXTRAORDINARY REMEDIES
To: The-14th Sheepdog <thexivthsheepdog@gmail.com>, STEPHEN GIANELLI <stephengianelli@gmail.com>, Washington Field <washington.field@ic.fbi.gov>, "*irs. commissioner" <*IRS.Commissioner@irs.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>

To the FBI,

This man is clearly targeting me over the appeal, oral arguments, Writ, etc. 

I have yet again advised him to CEASE AND DESIST.  He has confirmed that he has a right to criminally harass me and understands that this conduct carries penalties such as 18 months in jail or prison.  The man is writing to me while impersonating a DOG.  Enough said.  I have other things to do right now and view this man as dangerously unstable and a very very sick individual.

All the best,
Kelley

On Wed, Apr 17, 2013 at 12:29 PM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:

Gianelli,

I am advising you to cease and desist.  I am represented on appeal and in connection with the Writ of Habeas Corpus.  Clearly, you are criminally harassing me over the appeal, oral arguments, and this Writ.  You are criminally harassing me over Leonard Cohen, Phil Spector, IRS matters, the IRS binder, Steve Cooley, Alan Jackson, and other issues.  You have lied to the IRS and FBI about me; transmitted fraud to the IRS about me; relentlessly targeted members of my family and others; have relentlessly contacted my appellate attorney (who refuses to communicate with you and advised me to forward all of your emails to the FBI who I spoke with about your activity re. me on Friday), have advised me that you have a right to criminally harass me while impersonating a dog (advising me that this carries penalties of 18 months in jail or prison), and felt comfortable criminally harassing me while copying in prosecutor Sandra Jo Streeter on many emails and Leonard Cohen's lawyer, Michelle Rice, on at least one since the trial where she acknowledged that she cannot communicate with me on the stand.

I do not want you sending me a criminal manual relating to the appeal process, newly discovered evidence, concealed exculpatory evidence, or anything else.  Call Leonard Cohen and Alan Jackson.  Evidently you are aligned with Cohen and may have found a sympathetic ear with Spector prosecutor about me, per Investigator William Frayeh/DA's office who spoke to you and concluded that you are a shady character.  He's a very astute and professional man.

CEASE AND DESIST.

Kelley Lynch

On Wed, Apr 17, 2013 at 11:49 AM, The-14th Sheepdog <thexivthsheepdog@gmail.com> wrote:

CALIFORNIA CRIMINAL APPELLATE PRACTICE MANUAL

SEPTEMBER 2011 REVISION

© 2006 APPELLATE DEFENDER S, INC.

– CHAPTER EIGHT –

PUTTING ON THE WRITS:

CALIFORNIA EXTRAORDINARY REMEDIES

http://www.adi-sandiego.com/PDFs/Manual_September_2011/Chapter_8_State_Writs.pdf

These points we have been raising with you by way of public comment are not pulled out of thin air. The foregoing link is to a premier appellate defender’s resource manual – the chapter dealing with drafting and filing a writ of habeas corpus.

A few excerpts:

Habeas corpus use has certain limitations. Among these are the requirement of

custody and related mootness issues, the bar against repetitive petitions, the bar against

use of habeas corpus when appeal is or would have been available, and the requirement of

due diligence.

[***]

B. Successive Petitions [§8.10]

The general rule is that all claims must be presented in a single, timely petition;

successive petitions will be summarily denied.

[***]

C. Availability of Appeal [§8.11]

Habeas corpus cannot be used to raise issues that could have been but were not

raised on appeal (In re Dixon (1953) 41 Cal.2d 756, 759), nor to seek a second

determination of issues raised on appeal and rejected (In re Foss (1974) 10 Cal.3d 910,

930; In re Waltreus (1965) 62 Cal.2d 218, 225). (See also In re Brown (1973) 9 Cal.3d

679, 68311 [defendant who abandoned appeal after certificate of probable cause was

denied and at that time failed to use proper remedy (mandate) to perfect appeal cannot use

habeas corpus to attack denial of motion to withdraw plea].)

[***]

2. Timing [§8.18]

If the petition is to be filed in the Court of Appeal while an appeal is pending, it

should be submitted promptly, so that the appeal and writ can be considered together.

[***]

B. Petition [§8.19]

“The petition serves primarily to launch the judicial inquiry into the legality of the

restraints on the petitioner’s personal liberty.” (People v. Romero (1994) 8 Cal.4th 728,

738.) The petition also states the grounds for the claimed illegality of the petitioner’s

liberty, so that the return can respond to the allegations and frame the issues for the

proceedings.

[***]

2. Formal petition [§8.21]

Although the entire document filed with the court is usually called a “petition” for

habeas corpus, it contains within it a formal pleading, also called a “petition,” that sets out

the facts and law necessary to state a prima facie cause of action. The formal pleading is

supplemented with points and authorities and evidentiary exhibits. The formal petition

must include a prayer for relief and be verified.

[…]

a.       Format [§8.22]

Rule 8.384 prescribes the requirements for a petition filed by an attorney.

[***]

Another option is to use Judicial Council form MC-275, a copy of which is

available from the California courts’ or ADI’s website. This form is required for pro

per petitions, unless the Court of Appeal has excused use of it. (Cal. Rules of Court, rule

8.380(a).)

[***]

b.      Facts and law [§8.23]

The key elements in the formal petition are supporting facts and supporting cases,

rules, or other authority. Although the facts and law in the formal petition need not and

generally should not be extremely detailed, they must be sufficiently specific to constitute

a cause of action, i.e., a prima facie case for relief. Amplifying detail and legal analysis

can be included in the accompanying points and authorities. Technically, however, the

petition must stand on its own without reference to anything else.

[***]

c.       Verification [§8.25]

A petition must be verified under penalty of perjury. (See Pen. Code, §§ 1474,

subd. 3 & 1475; see also Code Civ. Proc., § 2015.5.)

[…]

3. Points and authorities [§8.26]

A memorandum of points and authorities should be attached to the formal petition

to amplify the legal implications of the facts and address relevant authority. It must be in

the proper format for the intended court, including a statement of case, statement of facts,

argument, and conclusion. It must include references to the record, declaration, or

exhibits. (See Cal. Rules of Court, rules 8.204(a)-(b), 8.384(a)(2).)

[***]

4. Declarations, exhibits, and other supporting documents [§8.27]

Declarations and exhibits should be attached to the petition. Any reference to

facts outside the record must be supported by adequate declarations or exhibits.

--The Dogster