It looks like the David Hinkson appeal is being blocked in violation of the 1959 Supreme Court Case Napue vs. The People of the State of Illinois mandating an appellate court to reverse a conviction based on perjury.
- Application for COA - Denied summarily without a written opinion, which is, according to the DC Circuit 2008 case judicial misconduct on its face.
- Motion for Reconsideration - David Hinkson’s current motion before the Court.
- Napue vs. The People of the State of Illinois - Mandates an appellate court to reverse a conviction based on perjury. David Hinkson’s case was based solely on the false words of a convicted perjurer. Even Chief Judge Kozinski has written that without Swisher, the convicted perjurer, the Government has no case.
- Affidavit of juror Ben S. Casey - States that he would have acquitted David Hinkson had he known that Swisher was a fraud.
- JudicialMis-Conduct-NoOpinion-ExParteMeetings2008 - Addresses Judge Tallman’s meeting in chambers with Swisher during the trial.
- 9th_Circuit_Opinion_ 5-30-08 - David Hinkson’s motion for reversal denied. Many, interesting comments in the dissenting opinions.
- Case 107-cr-00182-BLW-ElvenJoeSwisher_Govt_Brief - In David Hinkson’s trial, Joe Swisher held himself out to be a decorated, wounded combat veteren and displayed a forged discharge document to prove it along with wearing a Purple Heart Medal on his lapel as he testified. The Prosecution knew he was a fake but they sold him as “war hero” to the David Hinkson jury. Joe Swisher was later convicted of exactly these same crimes.
- Winmill Ruling on Swisher Appeal USCOURTS-idd-1_09-cv-00055-1 - The end of Swisher’s appellate road which should have triggered the Ninth Circuit to grant David Hinkson’s appeal.
Click to view Summary of Hinkson case.