Clinton Young – Loud and Clear
Topic: Appeal denied, gloves, & etc.
Date: Aug. 2 2015
This place is truly an emotional roller coaster. Last week I found out the gloves showed even more favorable for me. Then this past week, on Monday I got a copy of the report. After reading over it for the third time, I am feeling all great. Then Friday I talk to my lawyers & find out my appeal was denied. To make it worse. I had been doing a fast & was at 4.5 days. So I was not feeling at my best. I am sitting there trying to formulate the game plan for the next round. Though I was having trouble focusing. It was just a bad go!
Now the appeal that was denied. It was all about my previous appeals. It has nothing to do with new stuff. See the way it goes is that a person is locked in to what is previously filed. This is why the quality of work by a lawyer is so vital. A mistake or failure to file a claim all the way back in the first appeals. It impacts the appeals all the way up the line. (I have not read the actual opinion yet. My lawyers told me it is bad. I should receive it by Aug. 4th or 5th).
Though they did rule in such a way that goes against previously established law. They applied legal standards to me that are not supported by previous 5th circuit rulings or US Supreme Court rulings. Which means that I have a legal argument to ask the whole panel of judges for the 5th circuit to review my case en blanc. Which basically means ‘in whole’ for the entire panel.
See, each case is heard by a 3 judge panel. As can be expected. Not all judges operate on the same ideological lines.
I could have gotten a different 3 judge panel & could have possibility gotten a different ruling. I happened to end up with 3 of the most, what they have been labeled as, conservative judges on the court. By ruling as they did, they are saying it is okay for a prosecutor to tell a codefendant. “ I will consider 10 years, instead of giving you death or Life, if you testify. Though not put anything in writing. Okay that is a HELL of a carrot to hang in front of a guy. The PROMISE of a deal is stronger than an actual deal. As it encourages a guy to make sure a person is convicted. As if the guy is not convicted. Well he no longer gets the sweet deal! He is stuck facing harder time. So can you see how a PROMISE of a deal is a more dangerous threat to the integrity of the process, than a SEALED deal?
The court is saying there is no deal. Yeah they are right. There was NO “sealed” legally recognized deal. Instead there was a bunch of backroom deals! The damn prosecutor himself said that he said he would ‘consider’ a deal in the 30 year range. Plus they hid it from my trial lawyers, even though the trial judge ORDERED them to reveal ANY talks of deals, not just signed deals. So they violated a court order. Okay & the previous court, the federal judge. When addressing my ballistics evidence. He said that the victim could have been turned around in his seat. Turned around in his seat?! In a small ass Pontiac car? Hell no! Plus NONE of the others said that. They all said very clearly that the guy was leaning forward, getting ready to let Page into the back seat, with the drivers side door open. Anyone that has ever allowed someone into the back of their car. They know exactly the kind of motion. Lean forward with the seat, so a person can get in back. No one turns around in the seat. Much less a grown ass man that weighs like 230 pounds!
So this judge invented evidence & the 5th circuit says that is okay! Operating on this premise. There is no longer the concept of rule of law. There is no longer a fact based justice system. Instead it means that the government can operate as it desires & speculate as it wishes, when considering so called ‘facts’ ha ha. Man oh man.
Even though my previous state appeal lawyer royally screwed up! There was a ruling from the US surpreme court, Martinez vs ryan that opened the legal door for me to file a claim about my trial lawyers in federal court, if my state writ lawyer messed up. It is more complex than that, but that’s the gist of it.
It’s all complicated. So for what happens next. We ask the entire 5th to review my case. That is due in 14 days. Lawyers got lots of other stuff to work on. They will request the allowed possible 14 day extension. So the en blanc hearing request will possibly be filed in 28 days (if granted extra time). Then the state will file their response in 14 days. The court will then issue a ruling fairly quickly. They will not allow it to take very long. Like within 2-3 weeks they will issue a ruling. They can agree to hear my case & allow oral arguments where the lawyer & states lawyer will argue the various positions. Then within 2-3 weeks give an opinion. To accept would need majority in my favor. Though if they refuse to hear it. Then it is off to the US Supreme court. That whole process takes usually 3-6 month range. That is if a person is rejected. It is extremely difficult to get the USSC to hear a case. I have to present the claim a very specific way & it has to be relevant to the whole nation. Not just Clinton young. The fight goes on. What bothers me on a personal level. Is that I just started really taking a greater effort to connect with my nephews. I wouldn’t want them to feel close to me & the worst happens. I also started to put more energy into others & the bonds I have with them. Got the gloves tested. I was thinking the Midland prosecutors would do the right thing. After the glove test results came back. My lawyer called the prosecutor a couple times, asking to speak with her. She didn’t return my lawyers call. At least by the time I spoke with my lawyers. Maybe it has changed by now. If not, then will have to fight that fight. Now to be clear. This ruling has NOTHING to do with all the new stuff that I have. There is still a way for me to appeal that. I just have to wait, until my current appeals are done with. As the 5th refused to hear my request to go back to the lower court based on the gloves. Which is not abnormal for that court. So as this process goes on. I just need to get more work done. Make sure I use the time to the best of my ability. Gather up as much as I can to present in the future. The fight goes on. More will be posted soon. I am going to get a copy of the gloves report made & all the related documents. This way when it is posted it will present a clear picture for everyone. I thank everyone for sharing links to my website saveaninnocentlife.com. Please feel free to share my blogs & poems. I just ask that my site be credited. Thanks! Also a special thanks to everyone that donates & or orders a bracelet, shirt, & or window sticker.
Until next time.
Veni, Vini, Vici
In solidarity,
Clinton Lee Young #999447
Polunsky Unit
3872 FM 350 South saveaninnocentlife.com
Livingston TX 77351
USA