Orly Taitz vs. Judge Rhonda Nishimura - Petition for a Writ of Mandamus Denied - Hawaii Supreme Court - 1/12/2012
IN THE SUPREME COURT OF THE STATE OF HAWAII
DR. ORLY TAITZ, Petitioner,
vs.
THE HONORABLE RHONDA A. NISHIMURA, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI, Respondent.
ORIGINAL PROCEEDING
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of petitioner Dr. Orly Taitz’s petition for a writ of mandamus, it appears that petitioner fails to demonstrate an entitlement to mandamus relief. See Kema v. Gaddis, 91 Hawai5i 200, 204, 982 P.2d 334, 338 (1999) (A writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action. Such writs are not intended to supersede the legal discretionary authority of the lower courts, nor are they intended to serve as legal remedies in lieu of normal appellate procedures.).
Accordingly, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu, Hawaii, January 12, 2012.
http://www.scribd.com/doc/78109949/Orly-Taitz-v-Judge-Rhonda-Nishimura-Petition-for-a-Writ-of-Mandamus-Denied-Hawaii-Supreme-Court-1-12-2012
ARTICLE II ELIGIBILITY FACTS HERE: http://www.art2superpac.com/issues.html
Orly Taitz v. Judge Rhonda Nishimura - Petition for a Writ of Mandamus Denied - Hawaii Supreme Court - 1/12...19 Dec 2011: Wash Times Ad - Obama SSN Fails E-Verify System - Support New Article II Super PAC Org
27 comments:
Hawaii AG will be seeking to have Orly declared a vexatious litigant.
Aloha buh bye, Orly!
HDOH continues to show how corrupt and complicit they are to hide Obozo's lack of documentation. Time for a Class Action suit with millions signed on and an audit of their computers.
Since Hawaii doesn't have the courage to right the wrong it has bestowed on us, someone else will need to do it. This of course will make the HI DOH and Federal courts look as pathetic as the swindler they are covering for.
@Anonymous
Can they do that nation wide?
@Anonymous @ 8:08
"@Anonymous
Can they do that nation wide?"
No. Just in Hawaii courts. If Orly is declared a vexatious litigant (and it's looking pretty much like that will happen) she will have to seek court permission before she would be allowed to file any suit, motion, etc. in any court of the state. If she is granted permission, Orly will have to post a cash bond sufficient to cover the other party's attorneys fees and costs in the event that the new filing is dismissed.
All it will take is one state to keep Obama aka Bounel aka Soetoro off of its ballot to start the ball rolling.
Just another cowardly act of cover-up, which Sheriff Joe is going to blow wide open any day now. Get ready for the shit to hit the fan, you assholes kissing up to that criminal SOB.
Hawaii Attorney General Seeks to Sanction and Label Orly Taitz Vexatious Litigant in Hawaii Banning Taitz from Filing Future Cases in Hawaii
http://obamareleaseyourrecords.blogspot.com/2012/01/hawaii-attorney-general-seeks-to.html
California Birther/Dualer/Doubter said..
"Get ready for the shit to hit the fan, you assholes kissing up to that criminal SOB."
It is people like you , fond of cussing and unable to control emotions that give us a bad rap.You are and Orly are a disgrace to the cause.
-Hawaii AG will be seeking to have Orly declared a vexatious litigant.
Aloha buh bye, Orly!
This of course is part of that "Controlled Discent" some were talking about, right..? Orly does this on purpose while secretly working for BOZO! Its all part of the "GRAND DESIGN"..!
Well at least now the other more Capable Lawyers can get in there and do a proper job. They wont have to worry about Orly getting in the way and "STEALLING THE LIMELIGHT" all to herself. Sometime tonight would be good boys... Don't all rush in at once...
All it will take is one state to keep Obama aka Bounel aka Soetoro off of its ballot to start the ball rolling.
Which state will that be? New Hampshire? Alabama?
HAWAII CORRUPT POLITICOS SNAPS! THEY ARE SCARED OF THE TRUTH!
"is going to blow wide open any day now"
How often have we heard this now, and for how long?
One might get the impression some alleged "birthers" are in fact Obama supporters trying to drag this out as long as possible, feeding others the "any day now" routine to keep them from acting themselves...
"Those who make peaceful revolution impossible will make violent revolution inevitable." JFK
The "those" JFK was referring to are the courts, congress, MSM and Obots.
And for the Anon (aka Fogbow aka Justin Shilo) who pretended to be a birther and posted a reply to California Birther about using bad language. You really should look at your side. You side has no facts so you resort to attacks on the truth telling messinger.
Impeach the Usurper-In-Chief, or vote NoBama 2012
"51 REASONS TO IMPEACH OBAMA"
"1. Obama and unrepentant terrorist William Ayers misappropriated over 300 million dollars in donations meant for the education of Chicago’s minority students. They routed the money to Obama’s community activist buddies who then tried to turn the students in radicals. The program was a total failure."
50 more reasons - www.theantiliberalzone.com/2012/01/04/50-ways-to-impeach-obama/
@AR925
You have that damned straight, Skippy. Who can handle that class action lawsuit for us? Do you think Dr. Taitz would be up for it?
The illegal marxist renegade junta strikes again...
It has become increasingly obvious that Orly is in the tank for uber RINO Romney, and refuses to even entertain the possibility that Romney might not qualify as a Natural Born Citizen, as defined by Minor. It also appears that the suspicions that Orly is a foil designed to obfuscate and cloud the true focus of the eligilbility question away from Minor, and instead keeps it centered on the legally dead birth certificate issue, are valid. It is my advice that individuals hoping to expose the Usurper Soetoro aka Obama, focus their energies and efforts on assisting only ballot challenges and NOT the go-nowhere birth certificate gambit. Furthermore, it is becoming increasingly obvious that this entire affair has been used by Taitz to garner support and notoriety in furtherance of winning Feinstein's Senate seat.
@Anonymous
Legal actions in Hawaii on Obama's eligiblility:
The Constitution Party v Lingle (Hawaii Supreme Court)
Hamrick v Fukino (US District Court, Hawai'i)
Justice v Fuddy (Hawaii state court)
Martin v Governor Lingle I (Hawaii state court & Hawaii Supreme Court)
Martin v Governor Lingle II (Hawaii state court & Hawaii District Court)
Martin v Attorney General Bennett (Hawaii state court & Hawaii District Court)
Taitz v Astrue (Hawaii Federal District Court)
Taitz v Fuddy, Freedom of Information Act (Hawaii state Court, 1st Circuit)
Taitz v Nishimura (Obama not a defendant) Hawaii state Supreme Court
Thomas v Hoseman (Hawaii Federal District Court)
Wolf v Fuddy (Hawaii state Court, 1st Circuit)
ALL of the lawsuits listed above have been dismissed.
Sunahara v Hawaii Department of Health is pending (Obama is not a defendant) Hawaiii State Court
There is no sheriff Joe. There is no report to be released. There is no justice. There are no leaders, except Taitz, at best. The ball has been squarely sitting in our court for 3 years (maybe more). Either we take it to 'em, or, we continue dying on the vine.
@Anonymous
Hey silly OBot, I wouldn't be throwing stones from glass houses, We all know how Dems/Rats/OBots love to throw dirty 4 letter words that spew from their big, dirty mouths. Hypocrite.
Dear Orly,
If you don't win on the Georgia ballot challenge, I don't think any court is going to hear your case and rule on merits. Time and time again, you have been shot down with feeble excuses. Obama has clearly shown the patriots that the deck is stacked and it probably won't be long before this marxist usurper seeks punative action against anyone who challenges his ineligibility or tries to expose his other crimes. I pray to God I'm wrong.
I have donated about $400.00 to your efforts and wish it could be more, but living on SS I have to watch my expenses.
I may be way off the wall on this, but it appears to me that the time is rapidly approaching where patriots' only recourse is "powder and muskets." I pray I'm wrong on that too.
Our do nothing Republicans in Congress have no way to stop Obama because they don't have the Senate votes. The Obama marxist agenda, plus control of the Senate, is about the worst case scenario possible.
I pray to God that Judge Malihi hears all the evidence and judges on merit. Even if he does, will the MSM pick up the story? I doubt it. You have done a great job and how terribly tragic for the Republic if the merits of your case don't reach the American people.
For Christ sake and our Republic,
J. Black
"Anonymous said...[Reply]
@AR925
You have that damned straight, Skippy. Who can handle that class action lawsuit for us? Do you think Dr. Taitz would be up for it?"
Orly can't handle procedures and law in a simple lawsuit, much less the complexities of a class action suit, any class action suit. She would never be certified by the court to lead any class action suit.
Van Irion might be willing to take it on for you. He now has what he claims are 3 class actions suits in process against Obamacare, etc. However, none of them are.
Hawaii Judge Dismissed Attorney Taitz's Subpoena Enforcement: Hawaii Moves Forward With Sanctions And Banning Taitz From Filing Future Cases
http://obamareleaseyourrecords.blogspot.com/2012/01/hawaii-judge-dismissed-attorney-taitzs.html
PART 1
THE PROPER USE OF SUBPOENAS
Witnesses residing outside the State of Georgia cannot be compelled by the Georgia courts to
attend or testify in any civil trials, hearings, or depositions within the state. Most states, however, have allowed for cooperation in compelling witnesses to appear for depositions within the foreign state to offer testimony to be used in Georgia cases. When seeking to depose an out-of-state witness, the safest course of action is to associate counsel in that state. At a minimum, one should specifically research the procedure adopted by the foreign state and county as to methods of issuing a subpoena for an out-of-state case. The Georgia attorney should first present a Motion for a Commission to the Georgia court in which the case is pending. The Motion and Order can usually be presented ex parte. Upon filing of the Order, the Clerk of Court will issue a commission. In preparing the commission, it is a good idea to include a signed copy of the Order as an Exhibit to such commission. The commission is directed to the clerk of the court in the state where the deposition is to take place.
The commission is then sent to the clerk of court of the site of the deposition. That court then issues a subpoena which can be served in accordance with the laws of that state. In states where the Uniform Foreign Depositions Act has been adopted, and in many states which operate under similar procedures, no new case needs to be opened and the Georgia case number and style will be used. Other states require that a new case be commenced within that state. The court reporter should be scheduled before presenting the Motion for Commission as the name of the reporter, the date, and time of the deposition are often required to be shown on the face of the commission.(#)
i. Subpoenas and notices of depositions.
PART 2
THE PROPER USE OF SUBPOENAS
i. Subpoenas and notices of depositions.
Unlike the other forms of compelling testimony or production, deposition subpoenas and notices are addressed in both the Civil Practice Act and the Evidence Code. A person upon whom a
subpoena for deposition is directed may, within 10 days after the service thereof, or on or before the time specified in the subpoena for compliance if such time is less than ten days after service, serve upon the promulgating attorney, written objections to the inspection or copying of any or all of the designated materials. O.C.G.A. §9-11-45(a)(2). Upon such objections, the party making the objections is excused from producing the materials except pursuant to a court order. Id. Such a court order may be obtained if the party seeking the documents can demonstrate to the court at any time prior to or during the taking of the deposition the reasons why the documents should be produced. Id. Also, pursuant to O.C.G.A. §9-11-45(b), a person can only be compelled to give deposition testimony:
1) in the county in which he resides, is employed or transacts his usual business;
2) in any county in which he is personally served with subpoena while therein, or
3) in any place which is not more than 30 miles from the county seat of the county wherein the witness resides, is employed or transacts his business in person.
Upon proper motion, the court may issue a protective order limiting the scope of document production at a deposition or it may quash the entire subpoena if the witness can demonstrate that a protective order is necessary under the terms specified in O.C.G.A.
§9-11-26(c).
ii. Subpoenas for trial or hearing testimony.
Even if a subpoena is properly served and proper fees are tendered, the court, upon written motion made at or before the time specified for testimony may quash or modify the subpoena if it is unreasonable and oppressive.
O.C.G.A. §24-10-22(b)(1). The burden to prove that the subpoena is unreasonable lies with the party seeking to quash it. Morris v. State, 246 Ga. 510, 272 S.E.2d 254 (1980).
iii Subpoena duces tecum and notices to produce.
http://www.dmqlaw.com/articles/HowtoEnsure.pdf
OF SUBPOENAS, TRIALS, AND A VEXATIOUS LITIGANT
Posted by: Dean C. Haskins
Posted: January 19, 2012
© 2012 The Birther Summit
http://www.birthersummit.org/news/74-of-subpoenas-trials-and-a-vexatious-litigant.html
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