So now I’ve been back “out” again just as long as I was “in”—but Nancy Grant has now been “in” for 37 days. We had expected some movement in her case this week, but so far absolutely NOTHING has happened. Today (Thursday March 27) DeSoto County Sheriff Keen’s response to her Petition for Habeas Corpus is due in the U.S. District Court, MDFla, and if he doesn’t answer, I suppose she’ll walk—and it’s really quite amazing that he hasn’t answer yet.
In the meantime, Nancy’s civil rights complaint was dismissed in Federal Court last week—even though Judge Howard knew she had been locked up for a month already and she had filed a Notice with the Court to that effect—and since it’s the very same judge (Marcia Morales Howard) who’s presiding over Nancy’s Habeas Corpus Petition, so perhaps optimism would be premature and unwarranted, just at the moment. Nancy could still resuscitate her civil rights case with a Rule 59(e) Motion if she got out in time, but she has no lawyer on that case, and Montgomery Blair Sibley’s Emergency Application for Stay of his Suspension by the Florida Supreme Court was just denied by Clarence Thomas—and now he’s facing action by the New York State and D.C. Bars, since the injustices that are inflicted in one state are to be “reciprocally” imposed by other states.
There’s also the question of who’s going to handle Nancy’s state court appeal and how….. it’s all very discouraging….
My 54 days “out” have certainly been more pleasant than my 54 days “in”—but not necessarily a lot more to show for them. I wrote some interesting documents while I was at MDC, and met lots of interesting people. The people on the outside have less dramatic legal problems and are much less enthusiastic about getting my help……most of them, anyhow. I continue to be interested in the mortgage finance issue/securitization of mortgage notes with its concommitant attach on the “holder in due course” doctrine of debt collection.
Legal education is the key to the future. Nobody should be allowed to finish high school who doesn’t know the basic elements of civil and criminal procedure, how to look up cases, statutes, and what the general differences are between State and Federal Courts & Jurisdiction—because law impinges on every aspect of our lives these days, and most Americans are just abysmally ignorant….