Filed: Newly Found Case Authority; Florida Court Has Jurisdiction To Rule On Obama's Eligibility

BirtherReport.com ^ | January 2, 2013 | Unattributed

[Seizethecarp]

As reported here Attorney Larry Klayman filed a motion seeking an emergency rehearing in the Florida electoral challenge. The case was originally dismissed last month by Judge Kevin Carroll. On Monday Klayman filed a notice of newly discovered case authority that shows the Florida court has jurisdiction to rule on Obama's eligibility and fraud. EXCERPT:

NOTICE OF NEWLY FOUND CASE AUTHORITY AND SUPPLEMENT TO MOTION FOR REHEARING

Plaintiff Michael Voeltz, by and through his undersigned counsel, hereby files this Notice of Newly Found Case Authority and Supplement to Motion For Rehearing.

In conducting further research, Plaintiff has come across the case of Palm Beach County Canvassing Board v. Harris, 772 So.2d 1273 (Fla. 2000) (Exhibit 1), legal authority that was somehow overlooked by the court and the parties.

At issue here is the applicability of Florida Election law to the presidential election.

The Florida Supreme Court then concluded, "[i]n sum, Florida’s statutory scheme simply makes no provision for applying its rules one way for presidential elector elections and another way for all other elections. " Id. at 1291.

The Supreme Court of Florida has thus conclusively already ruled that this court has jurisdiction to consider and rule upon Plaintiff Voeltz’s election challenge on eligibility and fraud.

[Cowgirl of Justice]

Well!!! Butter my butt and call me a biscuit!!!

[Seizethecarp]

New case law found to support Klayman in FL ping...

Here is the filing, as helpfully uploaded to the web by the ever-vigilant FogBlowers:

http://www.scribd.com/doc/118730291/Voeltz-v-Obama-Newly-Found-Case-Authority-Notice-Florida-Obama-Electoral-Challenge-12-31-2012

[quintr]

eligibility

[exit82]

Bump to butterdezillion.

[Political Junkie Too]

In conducting further research, Plaintiff has come across the case of Palm Beach County Canvassing Board v. Harris, 772 So.2d 1273 (Fla. 2000) (Exhibit 1), legal authority that was somehow overlooked by the court and the parties.

"Somehow overlooked?"

Everyone knows that the Florida Supreme Court was making it up as they went during the Katherine Harris certification process in 2000.

It would be ironic if that judicial sleight-of-hand is now to be used against them.

-PJ

[spokeshave]

Petard hoist ping

[eyeamok]

It was not Overlooked as stated, it was IGNORED. Why hasn’t the State Legislature brought this judge up for Impeachment yet?? He Wilfully and Knowingly Violated the rights of EVERY CITIZEN IN FLORIDA. He belongs in PRISON after his Impeachment.

[Seizethecarp]

“Somehow overlooked” means that the lawyer and/or paralegal responsible for “Shepardizing” the case screwed up! IANAL, but my wife is one and used to do this for attorneys and they would review it before finalizing court filings.

http://www.essortment.com/shepardizing-24621.html

“Shepard’s Citations provide a way to search updated case law and this is referred to as Shepardizing.”

“Every primary authority must be Shepardized, and this includes those cases such as Supreme Court rulings and courts in the same jurisdiction as your case to be considered. And every case, statute and constitutional provision must be Shepardized so the opposing side or judge does not call your side on it. All the facts are necessary for a solid argument in any case.”

[Political Junkie Too]

Any chance of Shephard's Citations being scrubbed of eligibility law the way that Justia.com was scrubbed of SCOTUS rulings by Obama's people in 2008?

-PJ

[null and void]

Constitutional Eligibility

[butterdezillion]

That was my first thought as well.

[Flotsam_Jetsome]

Thanks for the Pings (and for remembering me, Seize).

"This court must respectfully grant an evidentiary hearing. There should logically be no need for Plaintiff to notice up a hearing, as this court had already committed itself to provide a hearing before it incorrectly and precipitously dismissed Plaintiff’s complaint."

All well and good, but even if forced to hold an evidentiary hearing, after the bs that went down in the Georgia debacle, well, let's just say that not much surprises me anymore, when it comes to legal hearings/rulings regarding "Obama" constitutional bona fides, or rather, apparent lack thereof.

[hinckley buzzard]

Larry Klayman, still dialing for dollars. Puleeze, spare us the pimps.

[thecodont]

Thanks for the ping!

[Seizethecarp]

“Any chance of Shephard’s Citations being scrubbed of eligibility law the way that Justia.com was scrubbed of SCOTUS rulings by Obama’s people in 2008?”

I would guess a near zero chance.

Wasn’t Justia.com a non-official online supposedly “mirror” source to a more expensive “official” source that legal folks came to rely on?

IIRC, the Justia caper involved hiding MvH and other NBC rulings by preventing them from properly coming up in searches on NBC eligibility.

Klayman has already found this SCOFL precedent case... probably the MOST prominent case that there is! Now that it is found, the Justia tactic won’t work, IMO.

[kreitzer]

The conservatives who stick with their conscience and commitment to truth and belief in a government of laws and not men are the future of the conservative movement. It won’t happen right away, but some day the birthers will be giving lectures on the rebirth of the conservative movement and the Rich Lowry types will be convalescing in obscurity.

[SeminoleCounty]

Interesting. Liberal democrats possibly done in by their own doings

Good luck to Klayman and this case. Obama is not eligible to be President

Sad that we still have PhonyCon Liberals who still attack the Obama Eligibility issue. One of the reasons why so many conservatives stayed home on Election Day 2012...got tired of being attacked by GOP Media Obama Supporters

[publius911]

Well Hinckley, feel free to buzz off at your convenience.

[basil]

When I saw Klayman’s name, I had the same thought.

However, maybe it’s his time....we can all hope, can’t we?

I know-—it is what it is.