And You're Out" For
Dear Lawrence Agee:
I am pleased to address your expressed
concerns about J.A.I.L below. For the educational benefit of other
JAILers, and of our readers, I am sending a copy of this to them
First, as you know, when one is dealing with any jury,
the outcome is purely the final determination of those setting on the jury, so I
am going to assume your question as, "Is it possible for such and such to
be a strike," rather than "Is it a
Contract law on the books as passed by the state
legislature governs what is or is not a "valid contract." A judge is bound to
rule according to the law. If a judge ignores the material facts that
constitute the contract, then an appeal may be brought upon those issues, to
wit; "The judge failed and refused to follow the applicable law, as was
drawn to his attention, and that he deliberately disregarded the material facts
of the case, that if considered, would have altered the outcome of the
case." Further, an allegation of intentional denial of due process of law
would be appropriate for such an appeal.
This throws the ball in the appellate court to rule
upon these issues. If the appeals court should sustain the decision of the
trial judge below, then the appropriate course is to take it to the state's
highest (Supreme?) Court after a petition for rehearing in the appeals court.
(In New York the Supreme Court is not the highest court, but rather a trial
Upon a denial of the highest state court to alter
or remand for a correct decision under law, it becomes ripe for a complaint
before the Special Grand Jury, the complainant having exhausted all other
judicial remedies within the state.
Now, if I understand your questions properly, let
us suppose the SGJ finds that "Yes, the judge did commit a deliberate violation
of law because it was properly brought it to the
judge's attention, and yes, the judge did deliberately ignore the
material facts of the case, and yes, he did commit an intentional act
of denying due process of law under the Constitution," your
question is, does this compose three strikes under the J.A.I.L.
constitutional amendment. Your answer is "No!" All these questions are
within one case. It constitutes only "One Strike." In another totally
different case, whether brought by you or someone else before this same
judge, it would be "Strike Two."
Now, let's go back to these appellate judges that
sustained this trial judge's decision. While it is not necessary to rely upon
judicial precedence here, there is a judicial attestation that affirmance of a
void order is likewise void. If upon a petition for rehearing, you have brought
to the attention of these appellate justices that their affirmance decision does
not comport with the facts, or with the law of the case, and thus you have
likewise apprised them of their denial of due process of law under the
Constitution, then they are subject in the same complaint before the SGJ on the
grounds that they have entered the violations in pursuit of a conspiracy along
with the trial judge and the justices of the state's highest (Supreme) court.
Thus, if the trial judge, and all the reviewing
judges/justices engaged in a conspiracy to deny you due process of law under the
Constitution, they could be also be culpable separately and collectively,
and you could sue all of them civilly under the provisions of the
J.A.I.L. Amendment. Of course, the Special Grand Jury may find that the trial
judge was culpable, but that the appellate justices did not conspire together.
This could be because of the way one argued their appeal, or it could be
just the way the SGJ sees it.
As to your question, "How about a judge who
allows one party to commit felony grand theft against another party and the
theft can be proven? Would that warrant a strike?" I'm not sure I understand your
question, so I will withhold responding to it. Suffice it to say that the
J.A.I.L. Amendment does not deal with the merits of a case, it just assures that
the processes are followed. In short, judges sit in judgment of the merits,
and the SGJ sits in judgment of the process. They do not retry a
Overall, I commend you greatly for your questions.
You are the first ever to raise this issue.
Author of J.A.I.L.
----- Original Message -----
Sent: Saturday, July 19, 2003 8:04 PM
Subject: Re: Reviewing The "Three Strikes" Provision of
I have a question. If I had a valid contract, and a judge
said he would uphold the contract, then he didn't (to the tune of over $70,000),
would he get a strike under JAIL? Then if the District court upheld this
flagrant contract violation, would he get a strike? If a judge condoned perjury
would he get a strike? How about the judge who refuses to hold the first judge
accountable? How about a judge who allows one party to commit felony grand theft
against another party and the theft can be proven? Would that warrant a
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
"There are a thousand hacking at the branches of evil to one who
striking at the
-- Henry David Thoreau <><