State requests Depublication of Rinehart Opinion

Bnugget

Full Member
Oct 17, 2013
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"I forgot to mention that at the same time the State petitioned for Supreme Court review, they also asked the Court to depublish the opinion by separate letter (copy attached). Unfortunately, the response to this letter is on a ten-day clock. Any letters in opposition to the depublication request must be delivered to the Supreme Court by November 27th.” – James Buchal

My attorney is Working on preparing our response.
You can read the states letter here...

State Requests Depublication of Rinehart Opinion! | PEOPLE V RINEHART
 

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I read it Brandon. It looks like the State is just restating their opinion of the Appeal Court ruling. They make several misstatements and logical fallacies as well as substituting opinion and rumor for facts. In other words they are rehashing their previous arguments from the original Appeal. The request for depublication is not the place to be doing this and I hope the Supremes spank them for stepping out of bounds.

I'm thinking the State is just following form and wasting time for lack of a good offense. It looks to me they brought in their seat fillers for this round - the work isn't very good on their part.

Just one man's personal opinion.

Heavy Pans
 

I hope the Supreme Court Justices are a lot more educated on where gold comes from, how a dredge operates compared to Hydraulic Mining of the past, and what the 1872 Mining Law actually states for its time.
 

The State will attempt to throw as much stinky/sticky stuff at the wall as they can. Knowing that it always takes time to clean up the mess. Delay time after delay time...consideration after consideration......hoping that something will stick. IMHO from previous such dealings.
 

Thanks for posting this! it would be nice to be able to read about their opinion on why they want this. could be good info for latter! OR just a pack of MORE LIES and half truths and redundant BS!!!!!
 

Considering that it was THE PEOPLE that requested that the findings be published in the first place, I look at this as yet another attempt by the state to do whatever they want instead of following the rules of law or the will of the people that employ them.

IMHO.. The state KNOWS that it can not win this case based on the merits of their case so they're trying to delay as much as possible in hopes that Brandon will run out of money to fight them and they'll win by default. The Supreme Court should slap the state lawyers like a red headed step child each and every time they try this kind of stunt.

Maybe what we need is a "Three Strikes" law for lawyers as well as criminals. You try to play loose and free with the court system three times and you get dis-barred! We've got way too many lawyers as it is and this just might thin the herd a bit.

Welcome back Bejay!
 

From the State's request to depublish, the state itself makes a viable case for why dredging should be allowed. It behooves us all to get the letters written and sent.

Here is the case number and addresses.

People vs Rinehart
C074662

Supreme Court of California
350 McAllister Street
San Francisco CA 94102-4797

Clerk, Court of Appeal of the State of California
Third Appeallate District
Stanley Mosk Library and Courts Building
914 Capitol Mall, 4th floor
Sacramento Ca 95814

Clerk, Plumas County Superior Court
Main Courthouse
520 Main Street St, room 404
Qunicy Ca 95971

Matthew K Carr
Plumas County District Attorney' Office
520 Main St, room 404
Quincy Ca 95971

James L Buchal
Murphy and Buchal LLP
3425 SE Yamhill suite 100
Portalnd, OR 97214

Johnathan Wood
Pacific Legal Foundation
930 G St
Sacramento Ca 95814

Lynne R Staxton
Saxton and Associates
912 Cole St, Suite 140
San Francisco Ca 94117

Johnathan Edwards
Center for Biological Diversity
351 California St, Suite suite 600
San Francisco Ca 94104


Anyone outside of California, please feel free to write and help. The dredging you help save for us may be the dredging you save for yourself.
 

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