Fifth Circuit

US Supreme Court 5th Circuit Orders (November 25, 2019)

US Supreme Court 5th Circuit Orders and Grants for 5th Cir. and Other Notable Cases from Other Circuits (November 25, 2019)

LIT COMMENTARY

A politically charged nation at this time, this weeks list was overshadowed by the impeachment hearing of Donald Trump, along with his ongoing battle to prevent releasing 8 years tax returns as ordered by the lower court. That matter made it quickly to the US Supreme Court. Trump requested a stay, which was granted. Unfortunately, there was no such stay granted for an ex-Deutsche Banker, Thomas Bowers who allegedly “committed suicide”. You can read all about that below.

As far as homeowner petitions, there was one this week with Deutsche Bank receiving a special mention, of course. As per usual, the homeowner’s petition was denied, details below.

p.s.  A special Thanksgiving mention to Gov. Gregg Abbott in Texas who ensured two spectacular victories for billionaire supporter DeJoria in last weeks order. After DeJoria visited Belo Mansion (as apparently shared by selfies taken by Mrs DeJoria on Instagram), Abbott obliged and the 5th Circuit ensured DeJoria was a happy donor by the time their Order(s) dropped.  Texas is maintaining its corrupt policy in the judiciary by supporting those who feed the political donations.

US SUPREME COURT – 5TH CIR.,

Order List for Monday, Nov 25, 2019

What happened when people or companies appealed to the US Supreme Court
(Petition for Writ of Certiorari)

Circuit 5

18-9009 (18-20320)  Mirella Landi Adelman, Petitioner v.  Lawrence Root, et al.  (Civil, Guardianship)
18-9793 (17-10993) Timothy Dale Gould, Petitioner v.United States (Criminal, Robbery)
19-31 (18-10735)  Carol M. Kam, Petitioner v. Dallas County, Texas, et al. (Civil, Judicial Misconduct, Probate)
19-151 (17-10199) United States, Petitioner v. Dominic Ladale Walton (Criminal, Firearm by a Felon)
19-367 (18-30900)  Shambria Necole Smith, Petitioner v. Kansa Technology, L.L.C. (Civil)
19-415 (18-20341)  Oscar Ernesto Melendez, Petitioner v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. (Immigration)
19-5173 (18-60710) Johnny Kirkland, Petitioner v. Huntington Ingalls, Incorporated  (Civil)
19-5269 (18-50660) Reginald Christopher Gilbert, Petitioner v.United States  (Criminal)
19-5699 (18-11109)  Robert Gray, Petitioner v. United States  (Criminal, Firearm by a Felon)
19-6070 (18-11507)  Malcom McClenon, Petitioner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division  (Criminal, Firearm by a Felon & Marijuana)
19-6072 (18-10683)  Thomas Joseph Eppelsheimer, Petitioner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division  (Criminal, Indecency with a Child etc.)
19-6297 (18-40789)  Aleisha O. Gray, Petitioner v. United States  (Criminal, Transport of Undocumented Alien)
19-6314 (18-31218)  Ralph Willard Savoie, Petitioner v. United States  (Criminal, Wire Fraud)
19-6332 (18-30741)  Walter Glenn, Petitioner v. United States  (Criminal, w/Dashcam Video)
19-6356 (18-11400)  Gary E. Larock, Jr., Petitioner v.  United States  (Criminal, Sex Offender)
19-6375 (17-20063)  Giam Nguyen, Anna Bagoumian, and Donovan Simmons, Petitioners v. United States  (Criminal, Medicaid Fraud)
19-6376 (18-41003)  Josue Osvaldo Solis, Petitioner v. United States  ((Criminal, Transport of Undocumented Aliens)
19-6414 (18-40441)  Miguel Angel Vega-Torres, Petitioner v.  United States (Criminal, Distribution of Narcotics)

ORDERS IN PENDING CASES (HOMEOWNER/BANK/NON-BANK RELATED)

19-6140 GANT, EDWIN P. V. U. S. BANK TRUST, ET AL.

What appears to be an mature gentleman who resided at this home since his birth, and who was acting pro se, it is alleged he could not articulate the law and the courts ordered foreclosure and evicted him and left him homeless, at least for an initial period of time.

U.S. Bank evicted the Petitioner from the home of his birth on June 18, 2019 notwithstanding that petitioner had made respondent legal counsel aware that he would file for Certiorari with the United States Supreme Court.

His arguments included;

There is a Split Among the Appellate Division and New Jersey Supreme Court Between the rulings in Wells Fargo Bank. N.A. v. Ford and Deutsche Bank Nat. v. Mitchell cases and the instant case.

Bank did not have standing when it filed foreclosure action; bank filed its complaint the day before it was assigned the mortgage, bank was not the holder of the note when it filed the complaint, it was not a nonholder in possession of the instrument who had the rights of the holder since it did not possess the note when it filed the complaint and bank could not cure the defect by filing an amended complaint after the mortgage was assigned to it. Deutsche Bank Nat. v. Mitchell, 422 N.J. Super. 214 (App. Div. 2011).

This is a clear case of black letter law. Citi Mortgage filed the foreclosure complaint on August 23, 2014, thirty-five (35) days after it had transferred ownership to U.S. Bank. Any protest by U.S. Bank that Citi Mortgage still had the note on August 23, 2014 must fall on deaf ears due to its admitted concealment of the. assignment.

Why else would they conceal the assignment but for the fact that they knew Citi Mortgage did not have legal standing when it filed suit and didn’t want the Petitioner to find this out.

The US Supreme Court denied the Petition.

 

The Superior Court of New Jersey wrote this Order;

We conclude that defendant’s arguments are without sufficient merit to warrant discussion in a written opinion.We affirm substantially for the reasons expressed by McDonnell in her thoughtful oral decisions that thoroughly addressed defendant’s claims. Affirmed.

19A545 – TRUMP, DONALD J., ET AL. V. MAZARS USA, LLP, ET AL.

Issue: Whether a congressional subpoena served on a custodian of the president’s personal records, demanding production of nearly 10 years’ worth of the president’s financial papers and his tax returns, violates Article II and the Supremacy Clause of the Constitution.

19-151 – UNITED STATES V. WALTON, DOMINIC L.

OWEN, PRISCILLA R.

CLEMENT, EDITH B.

DENNIS, JAMES L.

CASE CODE KEY

First Letter  =  Jurisdictional Grounds  (ex. 13-100  CSX)

–  Certiorari

A  –  Appeal

–  Certified Question

q  Second Letter  =  Court Below  (ex. 13-100  CSX)

S  –  State

F  –  U.S. Court of Appeals

T  –  Three-Judge District Court

M  –  U.S. Court of Appeals for the Armed Forces

O  –  Other Court

q  Third Letter  =  Nature of Case  (ex. 13-100  CSX)

X  –  Civil

Y  –  Criminal

H  –  Habeas Corpus or other collateral attack

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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