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Invincible15CF

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About Invincible15CF

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  • Birthday 04/07/1978
  1. No attorney was required in this situation. In fact, the attorney latched onto my case halfway through in order to garner Oral Arguments for my case. The Petitions, Motions, and Briefs in support were already drawn up to gain back my proper classification and credit.
  2. I just wanted to update this post and advise that I just won this two and one half year case six days ago. It was a very lengthy process, filled with multiple arguments in the case. However, the judge made a ruling without passing to appeals in a very unique situation. I was given back all that was taken, including the 3 year credit while on appeal bond.
  3. If you put them on "Notice" and they did nothing, this certainly applies. Moreover, if you have any proof to substantiate your claims, that will be very helpful to assist you in gaining support in finding an attorney to help you or pick up your case. Attorneys generally only take on these types of cases when the prisoner or inmate suffers serious permanent, disabling injury, as a consequence of the "deliberate indifference" from persons responsible for their care and custody. Federal Courts are a difficult place to practice. Combine looser standards than in State Courts with very conservative judges and you get grants for dismissals and motions for summary judgments at a dizzying rate. The damages have to be extremely high to justify the "economics" of the case. Wherein, these cases are taken on a contingency fee basis, with all costs, expenses and time fronted by the attorney who would take on the action. Thus, the potential recovery must be of a significant enough amount to economically justify the upfront outlay. However, I was recently assaulted in prison. I had notified staff several times before the assault of the "hits" out on me. In fact, I submitted documented proof to substantiate my claims. I kept records of all my letters. In addition, I obtained my medical files before I left the institution, including medical notes, which showed that they ignored my requests for assistance. In fact, when I filed my 1983 Complaint, the Federal Judge himself, cited Farmer v. Brennan and Walker v. Norris, in the Opinion of the Court. Those are the presiding cases on Eighth Amendment Violation Rights of Prisoners due to "Deliberate Indifference." They are not constrained to just a certain stereotype. These cases are cited very frequently and do not "only" deal with trans-gender cases. Documentation and Preservation is the key when you are facing these indignities. However, it is hard to predict these things, or for that matter, hard to guide someone through this type of situation when you haven't been through it yourself. I could imagine some confusion in this matter for many. With that said, you do need to speak with an attorney to at least inquire into your options. However, remember that you only have a one year limitation period to file a 1983 Complaint from the incident to preserve your issue. You have to file it in the US District Court that has jurisdiction in which the incident occurred.
  4. Sir, I recently posted an inquiry reqesting assistance finding two (2) case citations. I posted this yesterday on December 17th. I believe you may be the only one to assist me in this matter. If so, could you look into my post when you are available, and upon review let me know of your findings? Thank you so much for your time and all that you do to assist people.

    1. FindLaw_Kevin

      FindLaw_Kevin

      I don't have access to Westlaw or Lexis Nexis either. However, I did some poking around and I think that your habeas petition which was heard by Magistrate Judge Candice Smith (dated July 12, 2012) has the Westlaw citation of WL 5289389 and what appears to be an objection to her recommendations heard by Senior Judge Henry Rupert Jr. (dated October 23, 2012) has the Westlaw citation of WL 5288753. I don't see a 6th circuit decision with your name on it. Both of these are from the E....

  5. In the prison or jail context, the Eighth Amendment imposes a duty on prison and jail officials to take reasonable measures to guarantee the safety of inmates. See Farmer v. Brennan, 511 U.S. 825, 847 (1994). "Deliberate Indifference of a constitutional magnitude may occur when prison guards fail to protect one inmate from attack by another." Walker v. Norris, 917 F.2d 1449, 1453 (6th Cir. 1990). Keep in mind that you have a one year statute of limitations to file a Civil Complaint in U.S. District Court pursuant to 42 U.S.C. 1983/ Prisoner Civil Rights Complaint.
  6. I already have a PACER account and know what they did in both of my cases. However, I am requiring the case citations for those unpublished Opinions in the Federal Reporter. (i.e., Westlaw or Lexis Nexis). I do not have case research database, such as Westlaw or Lexis to research the citation of those two Opinions in my case from Federal Court. I believe the US District Court Opinion would be cited for example in Westlaw as something showing the WL002345 database signature. However, any database reporting the citation would suffice. I pulled the Opinion of my case in US Dist. Court (Fantuzzo v. Crews) up on Lexis before I left the institution. The citation of that is all I need for reference. Additionally, in the same database I need a search for the Opinion of my Sixth Circuit Case Joseph Fantuzzo v. Crews.
  7. I am currently finishing up my Petition for Writ of Certiorari to the United States Supreme Court for review of my denial of my 2254 Petition from the lower courts. I am required to include in the Petition the citations of the unpublished Opinions from the lower courts rendered in my cases. I have the citation from the State Appellate Court captioned as Commonwealth v. Fantuzzo. However, I still need the two remaining citations from the federal courts. This would include the United States District Court Opinion captioned as: Crews v. Fantuzzo, and the Sixth Circuit Court of Appeals Case captioned as: Joseph Fantuzzo v. Clark Taylor. The US District Court Case No. was 0:11-cv-00125 The Sixth Circuit Case No. was 12-6364 I currently do not have a database to search for the citations of these unpublished Opinions to place within my Petition to send out by the end of the week.(By Friday 12/20/13). I have made several requests to attorneys for assistance to see if I could get some assistance in obtaining them. However, I do not know if I am going to receive them by the time I require. Therefore, I am attempting to reach out to someone here in hopes that someone possibly has access to a database could look these two cases up to see what the citations are. I know that the US District Court had already been cited in the Federal Reporter on Lexis while I was in the institution before my release. It was on Lexis. However, I did not get the citation. It was an unpublished Opinion. Also, The Sixth Circuit decision was rendered after my release on June 7, 2013. I appreciate any assistance anyone could provide me!!!!!!
  8. kspsor.state.ky.us/sor/html/SORFAQ.htm (17th question down on the page). I am just wondering if they can now go against a court order and enhance the registration period to twenty (20) years, when a registrant was released as a ten (10) year registrant and initiated as such prior to the law's amended enactment on July 12, 2006. Furthermore, this registration designation has been untouched and remained at ten (10) years until two days ago when they decided out of the blue to change the designation to twenty (20) years. Just wondering if that seemed odd. As you can see from their own website, they clearly state that a registrant's designation would NOT change!! Just looking for an answer and possible clarification on this issue. Thank you for your time in reading this!
  9. What Kentucky Constitutional Due Process Clause would it fall under if an inmate had his parole eligibility date incorrectly calculated? Would it be other Kentucky Constitutional violations as well?
  10. If you are preparing an appeal to the Kentucky Court of Appeal from the denial of a Circuit Court judgment involving a prisoner seeking relief relating to confinement and under CR 76.03(1), a prehearing statement is not required and it states that THEREFORE, IT IS ORDERED THAT THE RUNNING OF TIME FOR TAKING ALL FURTHER STEPS IN THE APPEAL, SUBSEQUENT TO THE NOTICE OF APPEAL SHALL COMMENCE TO RUN FROM THE ENTRY DATE OF THIS ORDER; I am wondering if the Circuit Clerk is still required to certify the record on appeal from the Circuit Court? We asked that they do so. Also, I am wondering as far as the running of time to perfect the appeal, specifically The Appellant's Brief. I know that is due within 60 days. But wouldn't that be due 60 days from the date in which the Circuit Clerk certifies the record on appeal???? I am just a little confused in reviewing the Rules of Procedure as it pertains to this area. However, I do see CR 75.07(6): If the appeal is to the Court of Appeals or Supreme Court, the clerk of the circuit court or of the Court of Appeals in workers’ compensation cases, or original proceedings pursuant to CR 76.36(7) shall immediately notify the clerk of the appellate court when the record has been completed and certified as required by this Rule, and shall simultaneously serve copies of such notification upon all parties to the appeal. Such notification shall indicate the name or names of counsel for the appellant. The clerk shall enter the fact and date of such notification in the docket of the case, and the date of such docket entry shall govern the time for perfecting the appeal. The reason I ask this is because I have had someone who filed their Brief before Circuit Clerk certified the record on appeal and the Appellate Court returned the Brief stating that it was premature. I understand that they have an Order Entered to Start, but I don't want to mistake that for the running time to file the Brief prematurely. I would also like to have certification of the record. Could anyone verify this please! The Order Entered to Start was August 22, 2013. I am sure a certification would be forthcoming within the next week or so. Thank you for your help!
  11. It is also interesting to not that the Kentucky State Police Sex Offender Registration Unit has posted my information on its internet database since the day I originally registered, which was the day I was released on appeal bond in 2006 and after my conviction. They can't just take away the three (3) years of postings that they had up there while I was out on appeal bond. I registered for those years. I am required to register for ten (10) years not thirteen (13). Registering for three (3) years was not a condition of my release on appeal bond. I have a copy of the agreed AOC Bond Order signed by the judge. That is not a condition. Additionally, as I said earlier, registering altogether was not even entered into my original Final Judgment and Commitment Order. The judge amended that Final Order six years after the Final Order was entered, after I was serving my sentence (which is illegal) and threw that in there. As I stated before, I believe I am entitled to the three (3) years credit. I have spoken to trial attorneys and appellate attorneys at the post-conviction branch and although my case is very complex, they have very much agreed. I did the registration time and I am very much entitled. I have documentation to substantiate my claims and proof to support my arguments.
  12. I was not released on bond prior to conviction! I was released on bond after my conviction due to a juror coming forward and testifying that she had been coerced in the jury room during deliberations. This opened an inquiry and led to an evidentiary hearing. I was still convicted, but based on the jurors testimony it was on one juror's untrue knowledge about what punishment would be. He told the jurors to just convict me and that I would only get a slap on the wrist. This one lady did not want to do it. Finally, when they convinced her to change her mind she stated, "I am only doing so not on any of the evidence that has been presented here, but only based on your constant need to get out of here." She also testified at the hearing that this one juror in particular leaned across the table at times pressuring her to change her vote. AFTER I WAS SENTENCED, they released me on appeal bond and I remained out for three (3) years. During that time I registered and complied fully. Additionally, two (2) years after my release on appeal bond, the Kentucky Supreme Court declined further review because my trial attorney failed to preserve the evidence of the juror coming forward. All we had was the evidentiary hearing. However, when the Mandate was issued back to the trial court, they never remanded me back into custody, so I remained out on appeal bond for an additional fourteen (14) months. So I do believe I am entitled to the credit. Why would they have made someone register in the first place? It was not a condition of my release order on appeal bond. I was simply already convicted and Probation and Parole already initiated registration.
  13. I understand what the laws are to sex crimes. However, they are not wanting to give me clarification on the expiration of my Sex Offender Registration now! I was only required to register for 10 years! That is what I was sentenced to. Actually, if you want to get particular about it. That was not even in the original Final Judgment and Commitment Order. The judge Amended the Order Six (6) years later after I was already serving my sentence to reflect that I be required to register for Ten (10) years. However, as I said earlier, I did register for three (3) years while I was out on appeal bond waiting to go back into custody and now that I am out, I do not see any clarification on the expiration of my Sex Offender Registration Date. I have asked for it and have additionally written to the Kentucky State Police SOR Unit. They have replied stating that I am not entitled to that information under the open records law (02-ORD-88; KRS 61.870 et seq.) I had originally filed a Petition for Declaration of Rights in Franklin Circuit Court asking for the three (3) years credit that I did while out on appeal bond to ensure that I got it. However, when I did this I had filed the action in addition to other claims such as relief from a Conditional Discharge which was unconstitutionally applied to me as well. I did this against the Department of Corrections and Division of Probation and Parole. I was granted relief in my claim on the Conditional Discharge under the provisions of KRS 532.043. However, they dismissed my claim as moot against those defendants named on the time credit pertaining to the sex offender registry. I am wondering if I should now re-file the action against the Kentucky State Police SOR Unit and Division of Probation and Parole, seeing as how they are the proper ones who enforced the registration action and furthermore will not provide me the clarification I now seek through my administrative remedies?
  14. @Invincible15CF Thank you for the literature. It is much appreciated. However, I am still unclear by the Rules where it states how long they actually have to respond to my Petition once they are served with a copy or are served with a Summons. It will be going on over 90 days. I believe that is more than ample time to respond in any civil or criminal litigation. I should be able to ask for Default or Motion to Compel at this point.
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