Petition for Writ of Certiorari — Everett L. Spillard, Petitioner v. Superior Court of California, Humboldt County, et al.

No. A154334

cn

IN THE

SUPREME COURT OF THE UNITED STATES

EVERETT L. SPILLARD II

— PETITIONER

(Your Name)

vs.

§

1

California

—-----------------------------------------RESPONDENT(S)

ON PETITION FOR A WRIT OF CERTIORARI TCI

^1-ED

JUN 23 2020

I

®!§2SS!ggK

SUPREME COURT OF CALIFORNIA

(NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASE)

PETITION FOR WRIT OF CERTIORARI

EVERETT L. SPILLARD II

(Your Name)

P.0.Box2500,CMF,Vacaville,CA 95696

(Address)

U-101

(City, State, Zip Code)

(Phone Number)

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QUESTIONS) PRESENTED

1 . Can Superior Court and it's DA Violate all ray Due process Right’s and

then •mitt.them in the transcripts to my Appellate Attorney, s© there

Judicial mistakes and misconduct can't be ruled an J? i

2. Can all the Courts in the State ignore the Laws the People ©f the

state

have been inacting,just t© keep the prisons ©ver 137/ and the Federal

Courts overflowing with People seeking Relief ?.

3.1s five million dollar bail reasonab;e for a person living in a County

for 20 years, that has been in the Courts in a Custody battle and

never

oaissed a Court date ?.

4. How is a person going t® do a habeas corpus without the full

transerspts

a triaL"Oraitted fr©m arrest till after the District Attorneys

opening

statements ?.

5. Can a Judge tell a Jury three times that the accussed will be retried if

they don't cemback with a verdict ?.

6.Gan an Attorney and a Judge wave time without ray consent saying it is f©r

impedance test that I never got ,(the Judge stateing he would

n@t want my

Attorney to be IAC) before I could even «bject"stateing he would

waive time"?,

7, Is an Appellate Attorney IAC for excepting Omitted transcript and

never

asking you perttinent question like are you . in a wheelchair how

many toes

have you lost can you work ?.

8.W®uld a trial be considered a Farse if a Disquilified Judge Rule

®n a CPS

repayt tv. years before from the alleged vict.as ani my name was never

iaenti©ned"is that relevant" the CPS came because the uncle had been

bathing

the girls far years ?.

?.This repsrt was surpressed and emitted frem the record and

they had ©ne «f

many hearings without my presence is that a Brady Violation ?.

).Is it wrong to have five people from the interviewing officers

office in

my Jury pool"! had to DQ them and one from a Ploiee dept."?.

..If a person is looking at a life sentence (and he don ’t know it because his

Attorney never told him) get 20 DQ while picking a Jury ?.I got 11

.Decision,200 L.E.2d 821”Sixth Amend.Guarantees the defendant the right to

Attorney to put in * M9ti°n -

a Juiga never saw it is that IAC ?,

9

)

►

.

LIST OF PARTIES

[ ] All parties appear in the caption of the case on the

cover page.

[XJ All

parties fdo4.1.not aPPear in ^e caption of the case on the cover page

Qn n.vt-

X; £ foSee mg in the court whose judsment

A list nf

of thL

SUPREME COURT OF CALIFORNIA(Denied Petition of Reviev)(Denied Writ of

Mandate)

FIRST DISTRIC COURT OF A?PEAL(Denied Appeal)(Denied Writ of Mandate)

and sent

me back to the Superior Court of Humboldt County.

SUPERIOR COURT OF HUMBOLDT COUNTY(No response to Writ of Mandate) and

no

response to(Motion for Production of Transcn'nf-s

,n D

,

?r?rxK2

^^tty

RELATED CASES

Brady v. Maryland (1963) 373 U.S.

677,675,Smith v. Cain(2012)132 S.Ct.627,630

675.Carrillo v

* County of Los Angeles(9th Cir.2015)798 F3d 1210,1226.

lowin'' LU“S f01^60 Cal'4th 153,274

to U.S.v.Basley(1935)473U.S.667,

682;Williams v. Ryan(9th Cir.2010) 623 F.3d 1258, 1265.)

People v. Salazar(2005) 35 Cal.4th 1031,1043.

People v. Hayes(1992) 3 Cal.App.4th 1238,1244

U.S. v. Russell 411 U.S. 423(1973) U.S.

v. Armstrong 517 U.S. 456(1996)

Klopfer v. N.C. 386 U.S. 213(1967) Kyles

v. Whitley,U.S. 419(1995)

Penn. v. Ritchie,480 U.S. 39 (1987) Mickens

v. Taylor,535 U.S.162(2002)

Wiggins v; Smith,539 U.S. 510(2003) Smith

v.Robbins,528 U.S. 259(2000)

Strickland v Washington,466 U.S. 668(1984)

Williams v. Taylor,529 U.S.362'(2000)r U.S.

v. Cr@nic,466 U.S.648(198?)

Arizona v. Fulminante,499U.S. 279(l99i)iu>s

s v.Oklahoma,487 U.S. 81(1988)

Irvin v. Dowd, 366 U.S.717 (1961)Washingten v. Texas, 388 U.S. 14(1967)

Jacksan v. Vlr*inla,443 U.S. 307 (1979)MUrsr v. Pate,386 U.S.1(1967)

(2e§0P4)3rcfne4lhU6r82:U6r9)M°ralaS)(2017) 2 Cal-5th 323,529:ln re Steele

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TABLE OF CONTENTS

OPINIONS BELOW..........

..... 1

JURISDICTION..........

7

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

3

STATEMENT OF THE CASE..........................................

....... 5-6

REASONS FOR GRANTING THE WRIT....................................

8

CONCLUSION.................................................

10

EXHIBITS OF EVIDENCE 1 thru 6

INDEX TO APPENDICES

APPENDIX A : Decision of Court of Appeal,First Appellate District

Division Four Original Opinion Final

APPENDIX B Decision Superior Court of Humboldt County

Abstract of Judgement

APPENDIX C

Decision in the Supreme Court of California

En Banc Review is denied

APPENDIX D

Decision of the Superior Court of

California,Humboldt County

It is a Writ of Mandate 1054.9 not a Habeas Corpus Dismissed

APPENDIX E

Decision of the Court of Appeal of the State of California

First Appellate District,Division Four Denied with out

Prejudice

APPENDIX F

Decision in the Supreme Court of California denied without

prejudice in accordance Penal Code 1054.9

V

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CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

Rule 16(c) Duty of Disclosure

Const Amendment 8 Rights of prisoners Censorship of mail my mail while

awaiting trial was sent back'to more than

3 people 3 times plus .

Cons t. Amendment 8 Excessive fines and Bail

Const. 5th 14th Due Process of law

Juridictional Article III Section II, Between state ani his cltil#n

Article IV Section I Ensures that states respect and Honor the State

Laws

Const. Amendment VI Speedy Trial I/of t-v,®

...

T

in the interviewing Officers office On*

fc^e. ^ury POQl worked

1 fired me after wSrker fJr him fer'thri JL3 Dlfpatc*sr from Redding,CA

him. I only got II DQs when I should had'20?*

d “X AttsrneT w»ul«‘ "at DQ

Gsnst. Amendment VI ineff£ctiyeAssistance «f

Counsel Trial and on Appeal

the trial csunsel was grossly IAC and

the

Appellate

Failed in tv«

ways First he accepei Omitted trascrUts ana secound Counsel

he

failed

p»int

?ut seme facts like I am. Using my. ta*es 3 g®ne 2 anytime will bet® gone

I was #n f«$d stamps and hsmsless before being arrested.

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table OF AUTHORITIES cited

CASES

page NUMBER

2

MiU.r v. Paic.SS? 5?S?Y(19fmS- 668 <198«)

Jscks.n v. Virginia,443 U.S^fo7 (ig?g)

Willi.™ v. Tayl.r,529 U.S. 362 C200n?)

U.S. V. Crenic,466 U.S. 648 flQ*^00^

;SS sf

U-S. v. Russell YiTsYf SJiL"1 1031i103|

Penn. v. Ritchie,480 U.S? 39 figY

Mxckens

v. S”^5359

Tavlar 35u?i?-51I0°2(2C0M0f)

n c iA1?87)

sifir Y■

mith v. R©bbins,528 U.S. 259 (2nom

£*is@na v. Fulminante,499 U S 279

_R©SS V. Oklahtma, 487 U S 487 ttq

^ashm.ton v. Texas, 388 U. sf i

(1933)

Ga I, fSTATUTES AND RULES

ClS67)

r iirornia Assembly BU1: 1909”Sacti9n 141 amended PC

California AB 1987,Chapter 482 "

amended PC 1054.9

Ouridiction Article

HI,Section,2

Article IV Section 1

U.S Const. 8th Amendment

U.S. Const.14th Amendment

U.S. Const. 6th Amendment

U. S . Const.5th Amendment

Const. Law § § 520,850,§ S40

1054.3 subd.(a) Mandated

Uy the Const.

Rule 16(c)(2)

OTHER

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JURISDICTION

[ ] For cases from federal courts:

The date on which the United States Court of Appeals decided my case

[ ] No petition for rehearing was timely filed in my case.

[ ] A timely petition for rehearing was denied by the United States Court of

Appeals on the following date: ____________

, and a copy of the

■ order denying rehearing appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including _____

(date) on

---------(date)

in Application No. __ A

The jurisdiction of this Court is invoked under 28 U. S. C. § 1254(1).

[X] For cases from state courts:

,

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The date on which the highest state court decided my case was 9/11/19-4/1 S/?o?n

A copy of that decision appears at Appendix _G & F,

[ ] A timely petition for rehearing was thereafter denied on the following date:

, and a copy of the order denying rehearing

appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including____

(date) on_____________ _ (date) in

Application No.__ A

The jurisdiction of this Court is invoked under 28 U. S. C. § 1257(a).

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STATEMENT OF THE CASE

All the Courts of the State of California have ignored the new and old

laws of the People of California as inacted.(AB 1909,1054.9,1134) just

to cite a few. It is what is causing the state prisons to be overcrowed

•and the Courts being Flooded. A Disqualified Judge made a ruling that

would have proven to a Jury that this crime was not committed. When said crime

was acused by this defendant. But all the Judical misconduct and pretrial

records have been omitted. On going to the Applette Court. On or during

Petition of Review this Appellate filed a timly writ of mandate so the

Supreme Court of California could review the complete record. They sent it to

the First Appellate District Divion IV. Both Courts Denied it even though

these hew laws the People of the State of California are inacting. Are

'a

.

•

being ignored by all the courts in California. The Appellate Court said

send it to the Court that has violated all my Due Processes Right's. So I

did as the Appellate Court said and have been ignored by the Superior Court

of Humboldt County5 I am not the only person this is Happening to in the

Great State of California. And because of the: higher Courts of California

Failing to Grant what is required by Law the U.S. Federal Courts are very

full of people seeking relief. These are some Facts of my Case I was not

there and my property was not there in 2014.My Attorney did no pretrial

iftyestigation. But the Court knew this because from 2011 till 2015 I was

SfV « Custody Case with ray sons mother. In the CAST interview both the accusers

said it was Big and one said it was big and long my- pepd-g is 4 and % CM

long and has not worked in 10 plus years. My Attorney failed; "to show the

Jury what 4 and a k CM is eventhough he walked around the Court Room

holding ayruMr.lt is about as long as my little thumb is thick. The size of

•f an Acorn this All physical evidence the alleged victoms had nun.

5

STATEMENT OF THE CASE

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If this Henerable Court would watch the CAST interview they weuU see the

alledged victems spread there hands in discretion of ray penis, These

peaple had* no idea I have had ED far ten years and the victems describe

there Uncles the one that had CPS came and da a repart that the DQed Judge

surpressed. I seen it once while he ran though the living ream with a Hard

penis it is Big and Lang I remember because as I hate ta say it there was

same what of an envy ta it. Sa I cantend that all ray Due Pracess right ' s.

Have been Vialated and mast af the Brady Opian vialated. My bills are still ,

nat paid I have a AAA recipt far saving these peaple an the side af 1-5 in

Oregan when they alledged that I was daing this crime. There were always 4 ta

8 peaple araund but nabedy seen these alledged acts. My bail was- 5 million

my fines were 10.000 plus. They put me an Psych meds without ray knowledge

sent ray mail was sent back ta three peaple three times plus same other mail.

If I was sa guilty why would the Superior Court af Humboldt County have ta

Violate all ray Civil Right's Just ta have a hung Jury sent back three times

finily cameing back with one incodent 3 counts.Case ^es ^eyo^grtar^ards al

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Due Pracess violations,well above the Brady, it^tutory, and Ethical Discovery

Obligations. If the DDA did not denie a witness due to relevancy they just

omitted the witnesses(Karloota Hansen said it was the size of an Acorn her

name is nowhere),(David Poxan he called CPS his name is nowhere)-just those

two people alene would have change the outcome of this Case, The other witness*

that the DDA said there was no relevancy would have proved the Alledged victem;

Adopted Father (real uncle) Lied through his whole testimony even saying he

was bathing the girls because Gaylia Wilson had Glucoma an eye desease. I

took her to the eye doctor when I got glasses she don't have no eye desease.

Futhermore my Attorney never even questioned it. He was so IAC "it's beyond

the "Strickland" Standard. The whole trial was a Farse and the Higher Courts

refused to rule on these laws.And stop the Miscarriage of Justice that is

happening in this state to lots of the PEOPLE OF THE STATE !.

6

REASONS FOR GRANTING THE PETITION

All the California Courts are Denieing or ignsreing the Laws of the

People

and the Legislative Counsel's New Laws. Ment to stop the Misscarraige of

Justice. Filling up the State prisons to well over 137% and denieing the

people ©f the state of California there Due Process Right's. AB 1909 makes

it a crime for Peace Officers and Prosecuter's to in Bad Faith alter

modify, plant, manufacture, conceal, or move any physical matter, digital

image, ®r vide© recording, with specific intent that the action will result

in a person being charged with a crime. The Courts of California

are ignoreing

hese new laws that would stop the miscarraige of justice happening in this

great stae. This is what has happened to me the Deputy District Attorney

Concealed evidence that if it was presented to any reasonable jury would

have not convicted me. I only got convicted because the Judge reinstructed

the Jury three times sending them back till they came bad with one incedent

3 counts out of 17. Someone also blow up (enlarged my pics). It is a crime

to do these things in this state new . But the Courts refused to charge there

DAs and the Peace Officers. There is n© Case law that I can Find.

But I do have very limeted access to the Laws. I had 16 hours in the law library

and 30 days t© do this writ. But I see that what is happening in this state

of missjustice is at epidemic porpotiens. I am not the only one this is

happening to®. I know that it is against the law to put a person on Psyc.

meds without there knowlege but I can find no cites about it.I have proof

that I did not fit the discriptien not even close I have proof I was not there

at the time they say I was(my Bills,Bank,EDD,and AAA recipts saving these

alledged Victoms on the side of 1-5 in Oregon where I was working in 2014)

If this Honorable Court would Grant my Review maybe we could stop the

Fundamantal Misscarraige of Justice that is going on in the state of

California and end the Courts not ruling on the Laws that are inacted by

the People of the State of California. Your s Truly and Thanks for Consideration

There is so much more but I am out of Time.

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CONCLUSION

The petition for a writ of certiorari should be

Respectfully submitted,

Everett L. Spillard tt

Date: 2/18/2020

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granted.