Judge Lawrence O’Neil struck down LCFS in case number 09-cv-02234 泰山学院图书馆

Politics At first glance, you would think Judge Lawrence O’Neil to be the epitome of the fair judge steadfast, indefatigable, and honorable. Judge Lawrence O’Neil first served the Law as a Police officer in the City of San Leandro from 1973 to 1976. Then he worked as a Law Clerk to Hon. Robert F. Kane of the First District of Appeal from 1978 to 1979. He did Private Practice in Fresno, California from 1979-1990 before he became a Presiding Judge to the Fresno County Superior Court from 1993 -1995. He was appointed U.S. Magistrate Judge in 1999; and he remained in that position for a full term of eight years until February 2, 2007, when he was nominated by Former President George Bush and again appointed, this time as a U.S. District Judge, to the U.S. District Court of the Eastern District of California. An officer and a gentleman, you would say. He would be someone who is level-headed, an intelligent upholder of law, definite in his decisions, squarely fair in his judgments. You would be wrong. For the last six years, Judge Lawrence O’Neil has been showing signs of questionable impartiality in many cases he’s presided. It has become not just ridiculous, but beyond insane! Just recently he’s been overturned in a case where he sentenced a man to life. Upon remand from the Federal Appeals Court, Judge Lawrence O’Neil was forced to change the sentencing to 8 years, from Life, Colossal mistake or delusional behavior? Isn’t he in a position where it is utterly perilous to make a mistake? Let alone a series of mistakes? Yes, this isn’t the only case. What is scary is that he just doesn’t seem to get it! He lives in a world all his own, he has either convinced himself that what he has done is ok or he is truly delusional. I believe he is delusional about his conduct. His claims of being overworked are just excuses for his character flaws; he has betrayed the public trust. His behavior has not changed and he will continue in this pattern unless removed from office. Yes, he regrets getting caught and being exposed but has no desire or ability to change his behavior. Have you heard of any other judge who ruled more than a man’s lifetime of imprisonment for the crime of a series of burglaries? Not just two or three lifetimes. How many lifetimes can you squeeze inside 700 years? No, the subject is not an oak tree. They are human beings. And we thought laws were created by intelligent human beings, to be implemented by intelligent human beings. The case was against Marcus Major and Jordan Huff, the crime a series of armed robberies, case number 10-10147 and 10-10148 last January 9, 2012, Ninth Circuit Court of Appeals. The argument here was that his decision was constitutional. Oh, yes, of course. And yet the Ninth Circuit Court of Appeals overruled the judgment on the grounds that not only are it impossible for any man to serve an almost 750 year sentence; it is also inhumanely impossible for any authority to execute such a sentence. Ninth Circuit Court Judge John T. Noonan used the word "impossible".Might be that Judge Lawrence have "life support"somewhere in the backburner of his stupid decision? Just a brain dead question folks. Judge Noonan also used the words "harsh" and "utter empty gesture" regarding Judge Lawrence judgment. Needless to say, all justices in the Ninth Circuit refused to affirm the decision. Who in their right mind will? Green Bill or Green Bill? Are you familiar with "Low Carbon Fuel Standard"? It is a market-based approach to reduce greenhouse gas emissions by labeling fuel about its carbon level. Basically, it encourages consumers to use cleaner low-carbon fuels. The goal is air free of carbon by at least 10% by the year 2020 in California. Europe, Canada and other countries are on watch because they were all in the threshold of deciding about the same policy. Of course, the judge had to give them a show. On December 29, 2011, just before the last quarter requirement reports were to be submitted for the year, Judge Lawrence O’Neil struck down LCFS in case number 09-cv-02234, in the District Court in Fresno, California. The decision was made, he says, because LCFS favors biofuels produced interstate and discriminates against crude oil and biofuel producers out-of-state. He says it technically violates the U.S. Constitution’s commerce clause, even when the policy did not intend discrimination on the basis of geography. In this case, the good, honorable judge sided with the oil industry that has been trying to slam the act because of reasons we do not need to explain here; unless you want to be insulted. Clean Air or Commerce; is it green bill or green bill?You guess. And the Ninth Circuit Court, again, busted Judge Lawrence O’Neil by staying the injunction that prevented California Air Resources Board from enforcing LCFS. It"s like it has never been. CARB set a deadline for those who were not able to submit compliance reports last December to April 30, 2012. It is back to business, folks. 38-year-old Juwan Tonay Ferguson is an inmate at U.S. Penitentiary Atwater. He was initially sentenced to Life for voluntary manslaughter of 28-year-old Domosanies Duvall Slaughter. Before the verdict, he pleaded for 2nd degree murder resulting from a fight. Lawyer John Balazs, one of Ferguson"s defense attorneys, argued that the Federal Bureau of Prisons was partially responsible for Slaughter"s death when they moved him from Beaumont Federal Correctional Complex to USP Atwater when it wasn"t equipped to deal with his bouts of schizophrenia. He said Ferguson did not start the fight. Slaughter punched him on the nose after he told a prison officer he wanted him removed from his cell in 30 minutes. John Balazs argued that it was not murder, but self-defense. Atty. John Balazs appealed and after review, Ninth Circuit, in case number 09-10418, filed on April 5, 2012, ruled that Judge Lawrence O"Neil do a re-sentence. Utterly embarrassing! Life reduced to just 8 years! How did he not see what the Ninth Circuit Court saw, given his penchant for vigorously following the law to the letter in the case of the ridiculous 700-year-life-imprisonment case? Although Ferguson was indeed convicted of manslaughter, the law is implemented to uphold integrity and protect a man"s civil rights. It should not be used by Judge Lawrence O"Neil to abuse power, overturn people"s rights to have options, and hand out excessive punishment that makes even his own colleagues slap him in the face with published retorts. Thanks to Defense Attorney John Balazs, another was prevented from being a victim of this judge"s idiocy! The cases above are vehement indications that Judge Lawrence O"Neil should not be practicing as District Judge of Fresno District Court. The mistakes he committed and instances of prejudice is a serious breach of public trust. He is a danger to society, in that he is in the position to do it AGAIN if there is noone like Atty. John Balazs or the Court of Appeals to correct him of his professional misdemeanors in the Fresno District Court. Atty. John Balazs, a resident expert in the federal arena in the Sacramento Area, specializes in criminal defense cases. He defends in trials, appeals and habeas corpus. In his more than 20 years of service, there were no instances of professional misconduct thrown to his name""unlike our Judge Lawrence O"Neil. He could, and would, defend his client even in the face of someone like a "steadfastly" miscreant judge who should be removed from office as soon as possible. About the Author: 相关的主题文章: