Docketed - PH's petition for cert. in erroneous refund

A collection of old posts from all forums. No new threads or new posts in old threads allowed. For archive use only.
Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3704
Joined: Tue May 17, 2005 6:04 pm
Location: West of the Pecos

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Judge Roy Bean »

Being in the game without a glove is never fun. Being in the game without a clue is even worse.

Rule 37
2(a) ... The amicus curiae brief shall indicate that counsel of record received timely notice of the intent to file the brief under this Rule and shall specify whether consent was granted, and its cover shall identify the party supported.

... 5. A brief or motion filed under this Rule shall be accompanied by proof of service as required by Rule 29, and shall comply with the applicable provisions of Rules 21, 24, and 33.1

... 6. ... a brief filed under this Rule shall indicate whether counsel for a party authored the brief in whole or in part and whether such counsel or a party made a monetary contribution intended to fund the preparation or submission of the brief, and shall identify every person or entity, other than the amicus curiae, its members, or its counsel, who made such a monetary contribution to the preparation or submission of the brief. The disclosure shall be made in the first footnote on the first page of text.
:roll:
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three
User avatar
webhick
Illuminati Obfuscation: Black Ops Div
Posts: 3994
Joined: Tue Jan 23, 2007 1:41 am

Re: Docketed - PH's petition for cert. in erroneous refund

Post by webhick »

I'm sure they're using that cockamamie definition of the word "shall."
When chosen for jury duty, tell the judge "fortune cookie says guilty" - A fortune cookie
Paul

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Paul »

Rule 37
2(a) ... The amicus curiae brief shall indicate that counsel of record received timely notice of the intent to file the brief under this Rule and shall specify whether consent was granted, and its cover shall identify the party supported.

... 5. A brief or motion filed under this Rule shall be accompanied by proof of service as required by Rule 29, and shall comply with the applicable provisions of Rules 21, 24, and 33.1

... 6. ... a brief filed under this Rule shall indicate whether counsel for a party authored the brief in whole or in part and whether such counsel or a party made a monetary contribution intended to fund the preparation or submission of the brief, and shall identify every person or entity, other than the amicus curiae, its members, or its counsel, who made such a monetary contribution to the preparation or submission of the brief. The disclosure shall be made in the first footnote on the first page of text.
Isn't this just another example of the government trying to compel testimony?
Nikki

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Nikki »

Perhaps it would be better for the LoserHeads to hold off on their "briefs" -- let it go Webhick -- and reserve them for a more appropriate time.

Given the content of Whitney's material, with just a few minor changes, it might actually be appropriate for pre-sentencing consideration.
LPC
Trusted Keeper of the All True FAQ
Posts: 5233
Joined: Sun Mar 02, 2003 3:38 am
Location: Earth

Re: Docketed - PH's petition for cert. in erroneous refund

Post by LPC »

I don't think that the Supreme Court has ever before received a petition that so thoroughly and consistently confuses and conflates legal and factual issues. That's probably because there has never before been an idiot quite like Hendrickson who so thoroughly and consistently refuses to recognize the difference.

Consider the first three of the "questions for review" described in the petition:
Peter Hendrickson wrote:1. Does a court, or any agency of the government, possess the lawful authority to compel an American man or woman to declare to be true and correct to the
best of his or her own knowledge and belief, over his or her own signature, particular words and other explicit testimony dictated and/or specified by the court or government agency, and which he or she does not, in fact believe to be true and correct;

2. Does a court, or any agency of the government, possess the lawful authority to compel an American man or woman to stand silent in the face of testimony made by others which is about, or which affects, him or her, or to compel an American man or woman to adopt such testimony made by others as his or her own, when that American man or woman believes
that testimony made by others to be erroneous or false;
Those two items look like the same issue to me, and they are both based on the notion that Hendrickson is being compelled to swear to the truthfulness of facts that Hendrickson does not believe to be correct.

But that's not true.

The court never told Hendrickson what amounts of income to report or what amounts of deductions or credits to claim. The court only ordered that Hendrickson must file returns that correctly report the amounts he is required to report by law, and that the amounts received from Personnel Management are items of income that must be reported as a matter of law. Hendrickson doesn't like the law, but that's his problem and not the court's.
Peter Hendrickson wrote:3. Can the federal courts grant summary judgment to the United States on its own motion in a suit which it has brought seeking to assert a claim to the property of an American man or woman by unilaterally construing all material-fact-related assertions of the movant United States to be true, and by disregarding or construing to be false all of the contradictory assertions of the non-movant American man or woman;
This is where it gets truly pathetic. I've read just about every pleading Hendrickson has written, and he has never denied working for Personnel Management, he has never denied receiving money from Personnel Management, he has never denied the accuracy of the amounts of money reported by Personnel Management, and he has never alleged any fact or circumstance that would exclude his earnings from gross income. In short, he has never alleged that there is any dispute as to any material fact.

But he nevertheless insists that his "contradictory assertions," which are merely his arguments that he was not an "employee" receiving "wages" within the meaning of section 3401, or that his income is not from "certain federally privileged activities," are somehow binding on the IRS and the courts. As the 6th Circuit accurately observed:
6th Circuit wrote:First, the Hendricksons contend that the district court improperly weighted the evidence in favor of the government when it found that Peter E. Hendrickson was an “employee” who had been paid “wages,” and that Doreen M. Hendrickson had received “non-employee compensation.” However, this contention is tantamount to a typical tax protester argument that the income at issue is not taxable.
In other words, there is no factual dispute, and Hendrickson is trying to disguise a tax denier fantasy as a factual issue.
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
Doktor Avalanche
Asst Secretary, the Dept of Jesters
Posts: 1767
Joined: Thu May 03, 2007 10:20 pm
Location: Yuba City, CA

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Doktor Avalanche »

LPC wrote:In other words, there is no factual dispute, and Hendrickson is trying to disguise a tax denier fantasy as a factual issue.
Now why would you go and think a thing like that, Dan? He's just asking innocent questions - give the guy a break. :wink:
The laissez-faire argument relies on the same tacit appeal to perfection as does communism. - George Soros
User avatar
Pottapaug1938
Supreme Prophet (Junior Division)
Posts: 6138
Joined: Thu Apr 23, 2009 8:26 pm
Location: In the woods, with a Hudson Bay axe in my hands.

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Pottapaug1938 »

At this point in the game Pete the Prevaricator has nothing left to fall back on, the trial court and the appeals court have both ruled that his nonsense is just that, and so he is left trying to play word games, just like always, and since he really doesn’t have anyone to sell out this time, his coterie already having done it on their own, and since his ego won’t let him accept admitting he was wrong, so the charade will continue to the final inevitable end.

[/color][/b][/quote]

The sad thing is that, even if these buffoons get sentenced to prison for all eternity plus 99 years, they still won't catch on. Their entire mental stability seems to depend on believing that their delusions are actually the truth, grounded in objective fact. They will sit in prison and, to the best of their ability, try to wave the flag of "martyrdom" at those who share their delusions.
"We've been attacked by the intelligent, educated segment of the culture." -- Pastor Ray Mummert, Dover, PA, during an attempt to introduce creationism -- er, "intelligent design", into the Dover Public Schools
Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3704
Joined: Tue May 17, 2005 6:04 pm
Location: West of the Pecos

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Judge Roy Bean »

Paul wrote:
Rule 37 ...
Isn't this just another example of the government trying to compel testimony?
Damn those pesky rules!
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three
User avatar
grixit
Recycler of Paytriot Fantasies
Posts: 4287
Joined: Thu Apr 24, 2003 6:02 am

Re: Docketed - PH's petition for cert. in erroneous refund

Post by grixit »

Back in the 18th century there was a method similar to Hendrikson's that savvy englishmen used to get out of naval service. All you had to do was look at the ship you were assigned to, assume a jaded and slightly contemptuous frown, then announce firmly "i am not impressed!".
Three cheers for the Lesser Evil!

10 . . . . . . . . . . . . . . . 2
. . . . . . Dr Pepper
. . . . . . . . . . . . . . .. . . 4
Doktor Avalanche
Asst Secretary, the Dept of Jesters
Posts: 1767
Joined: Thu May 03, 2007 10:20 pm
Location: Yuba City, CA

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Doktor Avalanche »

CaptainKickback wrote:
grixit wrote:Back in the 18th century there was a method similar to Hendrikson's that savvy englishmen used to get out of naval service. All you had to do was look at the ship you were assigned to, assume a jaded and slightly contemptuous frown, then announce firmly "i am not impressed!".
This was followed by a serious beating with belaying pins and being shackled in the hold until the ship was many miles beyond the horizon and land - and wearing a dress, blond wig and a sign around your neck which says, "Hi, my name is Sally."
Ahhh...the good ol' days of naval service. Now we just make you wear the wig and dress.
The laissez-faire argument relies on the same tacit appeal to perfection as does communism. - George Soros
User avatar
The Observer
Further Moderator
Posts: 7559
Joined: Thu Feb 06, 2003 11:48 pm
Location: Virgin Islands Gunsmith

Re: Docketed - PH's petition for cert. in erroneous refund

Post by The Observer »

Doktor Avalanche wrote:
CaptainKickback wrote:This was followed by a serious beating with belaying pins and being shackled in the hold until the ship was many miles beyond the horizon and land - and wearing a dress, blond wig and a sign around your neck which says, "Hi, my name is Sally."
Ahhh...the good ol' days of naval service. Now we just make you wear the wig and dress.
You forgot to mention the rampant cannibalism.
"I could be dead wrong on this" - Irwin Schiff

"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
Dezcad
Khedive Ismail Quatoosia
Posts: 1209
Joined: Mon Apr 09, 2007 4:19 pm

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Dezcad »

Back on topic. The case is being distributed for conference of June 11, 2009.
No. 08-1399
Title:
Peter E. Hendrickson, et ux., Petitioners
v.
United States
Docketed: May 14, 2009
Lower Ct: United States Court of Appeals for the Sixth Circuit
Case Nos.: (07-1510)
Decision Date: June 11, 2008
Rehearing Denied: December 16, 2008

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Mar 11 2009 Petition for a writ of certiorari filed. (Response due June 15, 2009)
Mar 11 2009 Supplemental Appendix of Peter E. Hendrickson, et ux. filed.
May 19 2009 Waiver of right of respondent United States to respond filed.
May 26 2009 DISTRIBUTED for Conference of June 11, 2009.
LPC
Trusted Keeper of the All True FAQ
Posts: 5233
Joined: Sun Mar 02, 2003 3:38 am
Location: Earth

Re: Docketed - PH's petition for cert. in erroneous refund

Post by LPC »

Dezcad wrote:The case is being distributed for conference of June 11, 2009.
Followed by the inevitable (and futile) petition for reconsideration.

Has anyone ever heard of an instance in the history of the Supreme Court in which a petition for cert. was denied, but then granted upon reconsideration?

I've heard of cases that went the other way, where cert. was granted and then later denied as "improvidently granted" (or appeals dismissed for "lack of a substantial federal question"), but I've never heard of the Supreme Court changing its mind about a *denial* of cert.
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
.
Pirate Purveyor of the Last Word
Posts: 1698
Joined: Wed Dec 31, 2003 2:06 am

Re: Docketed - PH's petition for cert. in erroneous refund

Post by . »

It's too bad that they don't publish the results of the conference votes for cert, or the number of minutes of discussion that took place on any given petition.

While it only takes 4 votes to grant cert, after cert is denied, and if the results were published the CrackHeads might be set back by the fact that the CrackHead-in-chief got exactly zero votes out of a possible 9. And that there was no discussion of his ridiculous BS petition at all, which wouldn't be surprising to anyone other than a CrackHead.

As it is, they might think that one or two or three Justices voted for cert.
All the States incorporated daughter corporations for transaction of business in the 1960s or so. - Some voice in Van Pelt's head, circa 2006.
Dezcad
Khedive Ismail Quatoosia
Posts: 1209
Joined: Mon Apr 09, 2007 4:19 pm

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Dezcad »

The Crackheads are putting together a letter to the SCOTUS in support of PH's petition for cert -

How much has the Blowhard misdirected the Crackheads about the real issues? Nothing about the misinterpretation of the IRC or the correctness of the Blowhard.

PH has cast a red herring into the stream of LostHorizons which has been caught and devoured by the Crackheads.

The Honorable (name of Justice here)
United States Supreme Court
One First Street, N.E.
Washington, D.C. 20543

Dear (Madam, Mr. Or Chief) Justice,


INTEREST OF WE THE PEOPLE

We respectfully require a few moments of time from the Honorable U.S. Supreme Court Justices to hear the Petitioners and further support the rule of law - the very foundation of our Republic.

The Petitioners and we are hardworking Americans, struggling to understand and support the laws of this country. We believe in the United States Constitution and hold dear our unalienable rights to life, liberty, property, and the pursuit of happiness – rights endowed by our Creator.

In our humble opinions, Authority is the key concern for all parties in this petition – and especially for the individual or natural born 200+ million Americans faced with uncertainty on so many fronts in today’s complex legal world.

The Petitioners are asking for your help in bringing back to them some sense of “certainty” with respect to Authority, the rule of law, and our unalienable rights. We agree with and support the arguments in the Petitioner’s case, and will not repeat them here.

BRIEF INTRODUCTION AND SUMMARY OF ARGUMENT

This case involves “authority” – specifically how a government agency can gain lawful authority over an individual to dictate their sworn testimony.

An agency of the federal government is seeking authority (power) from the courts – to compel individuals to change their sworn testimony, both now and in the future. Such testimony is under oath with the penalties of perjury, yet as dictated testimony, it is not their belief and is, in fact, perjury. Further, dictated testimony would defeat the need for the plaintiff to prove their case.

This same agency is also seeking the authority to force private individuals to stand silent when other entities testify, thus eliminating the right of the People to challenge such testimony and prove same to be false or erroneous.

SIMPLE ARGUMENT

When the government is allowed to dictate testimony to an individual who is under oath, then in addition to suborning perjury, the People have no justice nor any means to seek justice, as the very courts needed to uphold justice will be blinded with false/compelled “dictated” testimony. Such compelled and dictated testimony completely subverts the very foundation of our legal system.

By allowing the government to dictate sworn testimony, the courts will trample the Bill of Rights - by attacking seven of the first ten Amendments to grant authority never given to the government by “We the People.” We firmly believe compelled, dictated testimony will:

• Destroy First Amendment right of free speech
• Attack Fourth Amendment right to be secure in our papers
• Shatter Fifth Amendment right to due process
• Eliminate Sixth Amendment right to trial by jury with witnesses
• Prohibit Seventh Amendment right to a Civil trial by jury
• Ignore Ninth Amendment right to restrict government power
• Crush Tenth Amendment right of sovereignty

When an agency of the government can dictate the information provided on any official form, then the outcome of any activity and/or testimony becomes preordained. In this case, the government is trying to compel first hand testimony to support their third party position, resulting in a gain or profit to which the government is simply not entitled.

Decrees fly in the face of sovereignty and individual unalienable rights, as proven by the rule of tyrants – not rule of law. Decrees by government simply make us slaves with no rights, no justice, and no means to challenge our public servants, their policies, or rules they wish to impose upon the People they are sworn to serve.

CONCLUSION

We greatly fear what will become of our country and future generations, if the government can simply dictate testimony under oath and force us to stand silent. This authority/power would infringe the People’s rights to rule of law, as the government could simply have whatever they wish testified to by anyone at any time – regardless of the facts and the rights of those being assaulted.

Court granted authority/power of dictated testimony would bypass the rule of law and would become a crime against the very foundation of country, the Bill of Rights, and the U.S. Constitution. If such a crime is permitted, Trials, Judges, and Juries could become extinct, as there could no longer be any truthful facts or testimony – only dictated testimony - approved and/or compelled by the government.

We ask the court to take this case and rule in favor of the Petitioners, thus affirming the certainty of the rule of law, the Bill of Rights, our sovereignty, and our Republic.

Respectfully submitted by the following People,
Duke2Earl
Eighth Operator of the Delusional Mooloo
Posts: 636
Joined: Fri May 16, 2003 10:09 pm
Location: Neverland

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Duke2Earl »

Show of hands...

How many think the issue in this case has anything whatsoever to do with whether anyone is "directing" anyone to commit perjury?
My choice early in life was to either be a piano player in a whorehouse or a politican. And to tell the truth there's hardly any difference.

Harry S Truman
User avatar
Pottapaug1938
Supreme Prophet (Junior Division)
Posts: 6138
Joined: Thu Apr 23, 2009 8:26 pm
Location: In the woods, with a Hudson Bay axe in my hands.

Re: Docketed - PH's petition for cert. in erroneous refund

Post by Pottapaug1938 »

And let's have a show of hands to see how many people who think that writing to the members of the Supreme Court, as one might write to a President, Senator or Congressman, will have the slightest chance of affecting whether or not certiorari is granted?

I'm prepared to hear wailing and gnashing of teeth from the followers of the :Blowhards, as they whine about how "undemocratic" the Court is by refusing to hear their screeds.
"We've been attacked by the intelligent, educated segment of the culture." -- Pastor Ray Mummert, Dover, PA, during an attempt to introduce creationism -- er, "intelligent design", into the Dover Public Schools
User avatar
grixit
Recycler of Paytriot Fantasies
Posts: 4287
Joined: Thu Apr 24, 2003 6:02 am

Re: Docketed - PH's petition for cert. in erroneous refund

Post by grixit »

I was in the 6th grade when i realized that the Supreme Court was part of the republic, not the democracy. Apparently these people flunked civics.
Three cheers for the Lesser Evil!

10 . . . . . . . . . . . . . . . 2
. . . . . . Dr Pepper
. . . . . . . . . . . . . . .. . . 4
notorial dissent
A Balthazar of Quatloosian Truth
Posts: 13806
Joined: Mon Jul 04, 2005 7:17 pm

Re: Docketed - PH's petition for cert. in erroneous refund

Post by notorial dissent »

I’m quite sure that it has escaped the awareness of the confused and deluded over at LH, if only because they are confused and deluded, but it is a long and well established precedent that a sitting judge DOES NOT ever look at correspondence or non court material relating to a case they are sitting on or reviewing, so why they would ever think the court would ever see their scribblings on a matter coming before the court that were not included in the court documents is mildly amusing at best, and a guaranteed time waster in the bargain, just like all of PH's efforts?

Oh right, I forgot that they haven’t any more of a clue about court procedure than they do about reality in general, and civics in particularly.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
cynicalflyer
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 292
Joined: Mon Jul 28, 2008 1:07 am
Location: Half Way Between the Gutter And The Stars

Re: Docketed - PH's petition for cert. in erroneous refund

Post by cynicalflyer »

notorial dissent wrote:I’m quite sure that it has escaped the awareness of the confused and deluded over at LH, if only because they are confused and deluded, but it is a long and well established precedent that a sitting judge DOES NOT ever look at correspondence or non court material relating to a case they are sitting on or reviewing, so why they would ever think the court would ever see their scribblings on a matter coming before the court that were not included in the court documents is mildly amusing at best, and a guaranteed time waster in the bargain, just like all of PH's efforts?

My theory: they are trying to paint this as an amicus brief or get it in as such. Won't work, for the reasons you mentioned, and it will never, ever get past the clerk's office for those reasons.
"Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty." -- General Henry M. Robert author, Robert's Rules of Order