2011
09.25

I have heard tell of ‘the unappealable orders of Judge Carluccio’. I’ve been told she has a reputation for them. The Orders aren’t so much “unappealable” as intentionally annoying and costly to pay a lawyer to do for you. There could very well be something to the reports…

Here is how this works…
1: Judge Carluccio issues a bad order knowing it is bad. In my case by issuing a defective Final Order.

Appeals are not usually granted where the facts are disputed. The Superior Court usually excuses the Judge for their poor judgement or erroneous credibility determinations by not permitting an Appeal. An error in procedure is absolute grounds for Appeal. It can be clearly documented that the process has not been followed. The facts of the matter are not part of the decision.

The question of why proper legal procedure has not been followed is a very serious question.

Perhaps made even more and more serious when the following has occurred…
… when the Defendant has taken every possible method to notify and have the court correct the defect and has been denied.
… when it has caused the Defendant to be homeless while the hearing date is pending.
… when the stalling tactics have permitted the Defendant’s vacated home to be sold out from under him.
… when the Plaintiff’s attorney asks to continue the hearing regarding the matter because the Plaintiff is unavailable for the scheduled date, the judge grants the continuance.
… when it is revealed that the Plaintiff has closed on the sale of the home without notifying the Defendant ON THE ORIGINAL DATE SCHEDULED FOR THE HEARING which was continued at her request
… when the Plaintiff has disposed of all of the Defendant’s belongings as ordered by the Judge (verbally) while acting under the defective order
… when part of the pending litigation concerned the contempt of the Plaintiff for denying the Defendant to access to his belongings.
… when the lawyer intentionally acted to prevent the Defendant from obtaining the ordered arbitration by requesting it, delaying any scheduling, then when finally scheduled CANCELLING IT INDICATING THAT THE JUDGE WOULD HANDLE IT AT THE PENDING HEARING. *** WITH THE FULL KNOWLEDGE THAT THE CLOSING ON THE HOME WOULD OCCUR AND THAT HIS POSSESIONS WOULD HAVE BEEN DISGARDED. ***
For this action I believe Robert and Valerie Angst should be prosecuted with a full investigation into the terror she has caused to me and my family. Angst & Angst have thrown every Judge under the bus once manipulated. Carolyn Carluccio went eagerly into their manipulation. Carolyn Carluccio is holding onto the bus as it drags her as she continues her corrupt acts and malicious orders.
Considerably more permission and effort is required if it is not a Final Order, called interlocutory. I had to wait 5 years for a Final Order, a survivor of numerous interlocutory orders intended to cause my financial failure or my suicide.

2: The Superior Court can only respond to a Final Order, so the intentionally caused defect will prevent any appeal on the matter. The Superior Court will return it to the Lower Court to be corrected.

Bear in mind there are procedural things which if not absolutely followed and time stamped will prevent any appeal on any issue ever. In other words, if you screw up the Appeal request, there can then NEVER be any appeal. THIS IS A HUGE FACTOR.

(That’s why they were very busy terrorizing me as the deadlines approached. Their attempts to cripple the appeal were creative, but recognizable. I endured and persevered. I ended up homeless and on the street sleeping on a bench and accepting the kindness of strangers who permitted me to stay all day in their bistro and use their internet connection while making a few glasses of lemonade last all day long. Thanks Danielle & C!)

4. There are several graceful ‘outs’ that are available to the lower court judge in the Appeal process. This allows the Judge to save the ’embarrassment’ of the error being escalated to the Superior Court. In my case, there was nothing graceful about the lower courts intent.

– Motions for Reconsideration are one opportunity for correction. It allows the judge to handle the error, fix the defect and prevent any necessity for an Appeal to the Superior Court.

I documented and filed that document on June 6, 2011, and again as an Emergency on June 9, 2011. The emergency was denied and scheduled in due course for July 18, 2011. I was ordered homeless as of June 9 – I personally considered that an emergency. They waited a few weeks to even schedule it for mid-July. It was their intent.

Eventually, Judge Carluccio denied that Motion for Reconsideration without having a hearing on July 18, 2011. (Transcript) In doing so she offered her insincere heartfelt pouty-face-and-all apology that it was also too late to file any Appeal on the Order. I responded to her correcting her suggestion that it was too late for the Appeal.

The initial time started on May 9, 2011. BUT, The Motion for Reconsideration was filed timely on June 6, 2011, and again (still timely) on June 9 resetting the clock for the Appeal. The time for an Appeal did not begin tolling until the denial of the hearing on July 18.

3. When the Appeal is granted. The Judge gets it back in her Court and is ORDERED to correct the defect by the Superior Court.

4. So after all that, you have won the Appeal… and you are returned to the courtroom and the judiciary who have terrorized you for 5 years.

This is why I continue to file for the recusal of Carolyn Carluccio. I have done this twice already, each time detailing the actions she has taken in violation of law and procedure and civil rights and human rights. She again denied the petition on September 23, 2011 without a hearing.

I have persevered and endured this long… I seek justice, and the prosecution of the people who have terrorized me and my family since 2007. Their acts of malice become more cruel each week. Each week they are disappointed that they have not annihilated my life enough to cause my suicide. I persevere and endure… and wait for justice.

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