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 <thexivthsheepdog@gmail.com>
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 <kelley.lynch.2010@gmail.com>
Cc: Susanne Walsh <sanneka@esenet.dk>
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 <kelley.lynch.2010@gmail.com>
Cc: Susanne Walsh <sanneka@esenet.dk>
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.
