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Author Topic: Ruling from first level federal judge  (Read 22043 times)

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Offline tweinstein

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Ruling from first level federal judge
« on: February 22, 2010, 10:12:48 PM »
It's official. The judge ruled against me in the first round. I have no idea what his logic was, though I'm guessing it parallels the crazy logic in the MPF's advisory ruling from December. As usual, I discovered this on my own. My understanding is that the AGU will file an appeal.

Offline greg4sean

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Re: Ruling from first level federal judge
« Reply #1 on: February 23, 2010, 12:38:18 AM »
sorry to hear that but we are with you and will keep doing what we can to help.

As Sean said to David: "Maximum Force"
 
Isaac Savoie: “The Force is in you Daddy!”

Offline phillyone

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Re: Ruling from first level federal judge
« Reply #2 on: February 23, 2010, 07:03:06 PM »
It's official. The judge ruled against me in the first round. I have no idea what his logic was, though I'm guessing it parallels the crazy logic in the MPF's advisory ruling from December. As usual, I discovered this on my own. My understanding is that the AGU will file an appeal.

I am so sorry !!!!! This makes me so mad! :mad:Did the Brazilian judicial system NOT soften up at all after David and Sean's case??? I am dumbfounded! I thought maybe it would be easier now for you

Offline pam.in.ny

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Re: Ruling from first level federal judge
« Reply #3 on: February 23, 2010, 08:15:29 PM »
I sorry to hear that. There must be something to make them do right thing.We
are hear for you and will help in anyway that we can. We're not giving up.

Offline tweinstein

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Re: Ruling from first level federal judge
« Reply #4 on: February 23, 2010, 09:45:20 PM »
Thanks for your words of support. I was told by the OCI that my case is one of the oldest(Ayubo is older; Pate and Birotte are the same age) unresolved ones between the United States and Brazil. Supposedly, I will get a copy of the ruling by Friday. This may or may not actually happen as I have only received one document related to my case in 3 1/2 years. Assuming I do get a copy of the ruling, I will know (and share) the judge's crazy logic. This will determine which direction I go from here.

Offline UD_student

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Re: Ruling from first level federal judge
« Reply #5 on: February 23, 2010, 11:45:24 PM »
I'm so sorry to hear that news Timothy.

I saw the new thread and sincerely hoped the judge finally did something right only to gasp in shock that the judge didn't apply the Hague Convention properly! Perhaps I had my hopes to high that the rule of the law would be followed after the precedent with Sean, but after all of the rulings in his case, I thought I had reason to be optimistic. Perhaps your son was smarter than I in his knowledge of Brazilian courts to thinking that Sean's case would matter for yours.
Apparently, some people need the Hague Convention  deadhorse into their heads...

You (and your children) continue to be in my thoughts and prayers, and I'm confident you will let us at BSH know if there is anything specific we can do to help your case get successfully resolved.

In terms of court directions, I presume the AGU is required to appeal court decisions not in their favor?

Offline André Felipe

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Re: Ruling from first level federal judge
« Reply #6 on: February 24, 2010, 10:25:54 PM »
In terms of court directions, I presume the AGU is required to appeal court decisions not in their favor?

They should. But, even if AGU does not fill a petition of appeal, or does not fill it on time, the proceeding will have to be analysed by the higher instance, with or without the appeal, as the Union is the party who "lost" at the first instance.
« Last Edit: February 24, 2010, 10:28:43 PM by André Felipe »

Offline UD_student

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Re: Ruling from first level federal judge
« Reply #7 on: February 24, 2010, 10:51:19 PM »
Thanks André! How long does it 'typically' take for the appeal to be filed and then heard? I'd like you to say that happens in days, but I'm guessing it is weeks, months?

Offline André Felipe

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Re: Ruling from first level federal judge
« Reply #8 on: February 24, 2010, 11:15:22 PM »
Thanks André! How long does it 'typically' take for the appeal to be filed and then heard? I'd like you to say that happens in days, but I'm guessing it is weeks, months?

To be filled, usually a week, or two, as the Union has bigger term of time to fill appeals.
To be judged by the second instance (TRF-1), that's difficult to guess, some courts are faster than others, and it's not the same court that decided David's case.

Marty Pate's lawyer filled an appeal at TRF-1 on march 2007, and it was judged on april 2007, so, one month later, than, his lawyer filled another appeal on july, and it was judged on october.

So, seems TRF-1 is pretty fast, the bad news is that it ruled against Marty Pate. But it does not means that Weinstein's case will be judged by the same judges of Marty's, and each case have different circunstances.
« Last Edit: February 24, 2010, 11:20:29 PM by André Felipe »

Offline André Felipe

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Re: Ruling from first level federal judge
« Reply #9 on: February 24, 2010, 11:30:43 PM »
But it does not means that Weinstein's case will be judged by the same judges of Marty's, and each case have different circunstances.

small correction, it does not necessarily means that his case will be judged by the judges of Marty case. As the proceeding can be sent to the same panel of judges, or to a different one, or even one or more judges that ruled against Marty might be now retired.

Marty case was judged by the 6th Panel of TRF-1, the rappouter Judge was Maria Isabel Galloti, and she still belongs to the 6th Panel today, but I don't know about the other two judges, if they are the same or not.
« Last Edit: February 24, 2010, 11:32:46 PM by André Felipe »

Offline NativeNewYorker

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Re: Ruling from first level federal judge
« Reply #10 on: February 25, 2010, 12:12:44 AM »
Tim I'm really sorry to hear this.  Hopefully the AGU will file the appeal quickly. I just don't understand why after David's case the Brazilian courts still aren't following the rule of law.

Offline tweinstein

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Re: Ruling from first level federal judge
« Reply #11 on: February 25, 2010, 05:39:59 AM »
Tim I'm really sorry to hear this.  Hopefully the AGU will file the appeal quickly. I just don't understand why after David's case the Brazilian courts still aren't following the rule of law.
That was my hope, but it seems that given the circumstances of David's case, other judges(and much of the Brazilian population) view his victory as more because of the aspects of custody(David was the sole surviving biological parent) rather than as a Hague Convention case.

Offline KBZensen

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Re: Ruling from first level federal judge
« Reply #12 on: February 25, 2010, 01:35:58 PM »
Tim,

This is certainly disappointing for you, but maybe it is a good thing that you can move on in the process and continue with the next-level appeal.  Keep your spirits high!!

Klaus

Offline phillyone

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Re: Ruling from first level federal judge
« Reply #13 on: February 25, 2010, 07:20:47 PM »
Tim,

What kind of culture keeps a loving parent away from his children?

NONE

What kind of a person keeps a loving parent away from his children?

EVIL

What kind of court system keeps a loving parent away from his children?

CORRUPT


Offline LDJVR

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Re: Ruling from first level federal judge
« Reply #14 on: February 25, 2010, 10:21:33 PM »
Just gotta keep pushing HR3240. This is proof they still have no intentions of following the rule of law.  Hope there were lots of calls to Congressmen/Women today.