David Hinkson is entitled to a reversal in the Ninth Circuit
Help us save the Constitution by getting Dr. Hinkson his Constitutionally mandated reversal. What the Ninth Circuit has done violates both established Supreme Court Law and their own past decisions.
The best thing to do is to write a letter to Chief Judge Kozinski requesting that he please take careful notice of David’s recent filing and to encourage the Chief Judge to insist that the Judges who have dissented in the past familiarize themselves with the case.
In the most recent 11-Judge panel the vote was 6-5 against. So, all that is required to get David Hinkson freed is for ONE JUDGE to change sides.
Sample Letters you can download, print out and mail:
Currently, the Judges are spilt 6 to 5 on the critical “Harrington Test” with the majority finding that Hinkson meets all 5 criteria and the majority finding that he meets none of them. That clearly suggests that these “legal scholars” are divided along political lines, not legal ones.
We are most urgently requesting that you make phone calls, send e-mails and post letters. We simply must get the attention of the Court before David is again denied his Constitutional Rights. Re: Court of Appeals Case#: 12-35824. Motion to reconsider.
Posted letters will get to Judge Kozinski, but you can’t contact his Clerk by phone. So, letters are best. However, phone calls help too and you can easily do both.
The Honorable Judge Alex Kozinski, c/o
Office of the Circuit Executive
P.O. Box 193939
San Francisco, CA 94119-3939
Chief Judge Kozinski
Ninth Circuit Court of Appeals
P.O. Box 193939
San Francisco, CA 94119-3939
Re: Court of Appeals Case #: 12-35824
Dear Judge Kosinski:
I have been following the case of David R. Hinkson, who, although actually innocent, was falsely accused by a liar who stole juror confidence on the pretense that he was a combat hero; subsequently, the liar was convicted of perjury, theft, forgery and theft of valor for defrauding the government by telling the same lies to the VA.
I am shocked that judges Nugyen and Fisher of the Ninth Circuit Court of Appeals refused to write a decision when denying Mr. Hinkson’s Petition for Certificate of Appealability (“COA”).
Recently, Mr. Hinkson filed a Motion for Reconsideration of that denial. Since it is obvious that neither Judge Nugyen or Fisher read Hinkson’s original Petition for COA, it is likely neither will read Hinkson’s Motion for Reconsideration. You as the Chief Judge have a supervisory duty to the public to ensure that the judges of the Ninth Circuit do their job.
I am requesting that you read Mr. Hinkson’s 15 page Motion for Reconsideration which sets forth the absolute rules of law requiring that Mr. Hinkson be granted a COA. All it takes is a showing that at least one “jurist of reason” would disagree with the trial court. In fact, there are six “jurists of reason” who sit on the Ninth Circuit, yourself included, who have already disagreed with the trial court.
There are growing numbers in the community who are beginning to ask: What does it take to get judges Nugyen and Fisher to do their job?
Therefore, I implore you as a man of conscience, PLEASE READ Mr. Hinkson’s recently filed Motion for Reconsideration in the above case. Additionally, I strongly urge you to take the lead in this matter and insure that other judges also read this Motion for Reconsideration and read the underlying Petition for Certificate of Appealability and act on it according to U.S. Supreme Court and Ninth Circuit law so that finally, like in the Phelps case, Mr. Hinkson may obtain justice. The future depends on the integrity of our judges.
Phone: (415) 355-8800 Re: Court of Appeals Docket #: 12-35824. Go through the computerized menu to check on “case status” and then ask the person about the “current motion on file” and the status. See if you get them to fax or e-mail you motion. This lets them know somethings up.We are urging everyone (and this means you!) to make phone calls and post letters. We simply must get the attention of the Court before David is again denied his Constitutional Rights. Our Federal Judiciary is out of control. We have more people in prison than any other Country in the World. America home of the free. Well… No, not anymore. Amerika, home of the oppressed. What’s happened to the Hinkson and Steele family could happen to you or your family. Don’t be afraid just act! Together we can take back the Constitution.(415) 355-8800. Leaving messages is fine too. Simply request that Chief Judge Kozinski properly order a full investigation of the Hinkson petition currently on file.