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What is behind "No Opinion" cases?


Money drives lawyers and the System

Various decisions by America's Courts are published in volumes of books called "Reporters." The published opinions are called "cites" by the legal community and may constitute precedence on the issue or issues involved in the case.

The published opinion recites the facts as seen by the judge and very rarely tells the whole story. The facts can become so distorted that justice becomes impossible. Judicial bias and personal prejudices plays an important role in the fact formulation process.

Frequently, a judge becomes so frustrated by the truth that he cannot ascertain fact from fiction. Judges are not timid about inserting false facts and outright lies into their decisions to substantiate a popular position, personal bias or to protect the lower court's decision. Contrary to popular beliefs, most cases are NOT "trial by jury" and the judge is free to formulate the facts, free of any incumbrance.

Important Notice: Facts are not appealable, only abuses of discretion and misapplication of the law. However, these restrictions are on the appellate and does not stop the appellate judge from lying in his quest to protect the lower court's decision.

During the course of the typical lawsuit, thousands of dollars are involved in filing fees, copying expense and attorney's fees. Sometimes a citizen feels mistreated by the court and feels he did not receive a fair hearing. The citizen's only recourse is to appeal the adverse ruling against him.

On appeal the process requires more filing fees, copying expense and attorney fees. The average cost of one appeal in a "poor" state court is $8,000.00 and as high as $50,000.00.

The first appeal may be unsuccessful, requiring an appeal to the state's highest court, usually the state's Supreme Court. The same time and expense, similar to the first appeal, is involved again. Also, remember the litigant must overcome all the bias and prejudices of the courts to be successful on appeal.

Many times the court will issue a "No Opinion" or "Do Not Publish Opinion" in an appeal case. Experience shows that in "No Opinion" cases the issues were against the prevailing public opinion of the day or are not considered to be "politically correct."

Public opinion has always been a very strong force. Galileo proved that the earth was not flat and the pope had him put in jail for preaching something that went against the normal thinking of the day. Galileo spent most of his life under house arrest.

In federal appeals to the United States Supreme Court, a litigant must ask permission to address the court. The Supreme Court decides, through a "Writ of Certiorari," whether to hear a particular case.

If a case falls within one of the above categories, the Supreme Court will publish a simple phrase in the legal reporters, "Writ of Certiorari denied." The Supreme Court's solution offers absolutely no explanation or solution to your problem. After spending thousands of dollars and years of time, the word from the Supreme Court is, "Butt out, your rights and freedoms are not important to this court."

People do not feel understood, when they have not been given a chance to be heard.

Does anyone remember the constitutional right to petition our government for redress of a grievance? America's court system is worse than not having a right to petition. America's "system of rights" versus "a complete absence of rights" have the same ending.

Americans are duped into thinking certain rights are guaranteed. Deceit creates more harm than having no rights in the first place. With no right to petition, thousands of dollars will be saved and some attorney will not be sending their children to college at your expense.

The final observation - American Courts are inept, outdated, incapable of truth and corrupt.

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This document was last updated November 5, 1997
Copyright © 1997 by American Injustice, Inc. and fa-ir@fa-ir.org. All rights reserved