Skankbeat:
and more legal analysis from Skankbeat:"Hendrickson's lawyer basically re-argued the case, and the government lawyers and appeals court went along. Re-arguing the case has no place in this type of petition and so it does not matter what was said. I do not understand why fraud on the court was not raised. There is no way the appeals court could have enforced sentencing if there was a hint of fraud on the court by the judge and government lawyers. This is common law issue. The way Hendrickson's lawyer presented things, the court was kept in the dark. If i made petition, fraud on the court would have been the only item of business. I would have submitted sworn statement that declares the violation of my rights and to certify submitted evidence.
Hendrickson can make another petition, this time to raise issue of fraud on the court. He can do this because the court officer acting on his behalf failed to do so in the first petition. Fraud on the court goes to common law. I do not recommend using this lawyer again as he clearly made frivolous, wheel-spinning petition to set Hendrickson up to fail. Does the word "sabotage" sound familiar? Make sure you submit some evidence with petition so everything is not hinged on sworn statement. Keep it short and simple, similar to your earlier motion to vacate judgment. Good luck."
http://www.losthorizons.com/phpBB/viewt ... cb74f8fd45"The issue of Fraud on the court guarantees an appeals path to the US Supreme Court. When dealing with core constitution law issue such as the court's integrity, to remedy is not discretionary. Court officers must cooperate with the sovereign who has initiated action. What court officers may try to do is deny the existence of the evidence. That is where judicial notice comes in. Something to think about."