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Sunday, March 3, 2013

Prutch prevails - in a nutshell



 
 


If you don't understand "legalese", then here's what the 14 page ruling actually means.

First Judge Burke the jerk ruled incorrectly, in favor of the Quartzsite cabal again. Remember, he didn't want to hear the case because he was leaving for vacation in the morning and didn't want to stay up writing the ruling

The case was dismissed on "laches" and the appeals court rightfully determined that laches did not apply. "Because the trial court did not find that Prutch had acted unreasonably, and we cannot infer such a finding from this record, we vacate the dismissal based on laches and remand for further proceedings.", says the ruling

"Remand" means the case must be heard on it's merits back in the La Paz County Superior Court. Prutch has stated that he's not interested in trying the case, and has apparently instructed his attorney to negotiate a settlement with the town that has Jewitt resign and the Town pay Prutch's legal fees. Prutch is entitled to receive his attorney's fees for the appeal, but barring a settlement, he must win the actual case to get his money back on the election challenge.

If the case is settled out of court, the crimes of Town Clerk Terry Frausto could go untried and unpunished. 


 

11 comments:

  1. The town council protects those who do their bidding. They would rather pay off Prutch, and sacrifice Jewitt, than risk putting Frausto on the stand. She knows way too much.

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  2. If the decision does not go the way you like then it is not justice? It went to court, a judge heard the case, and ruled against what you wanted. But itseems strange to know that one of the great legal minds of Arizona is writing for a Quartzsite blog. Please explain how your legal training is greater than that of someone who graduated from law school, passed the bar exam and was appointed a judge?

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    1. We're sorry you weren't paying attention, tool-on. A judge refused to hear the case. Therein lies the problem. A judge whose rulings have a high rate of being overturned by the highly respected judges of the Appellate Court. A judge that likely couldn't get a job as a law clerk anywhere else. The injustice will be if the case is never heard by any judge, because of a settlement. And you graduated from which law school, plastic man?

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  3. You are still complaining because you did not get the result you desired. A judge, with a law degree, did not judge the way you desired. You can't always have your way. But then again I never claimed to be a lawyer. Quartzsite has devolved from people with legitimate concerns into a group who think their way is the only way. You and your cronies are doing more harm than good.

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  4. Blackrulon,

    If you had the legal training to make your case, you would have know to keep silent and not make yourself out as such a fool as you have! This is the 4th time (you can read about the other three at http://www.aview.info) that Judge Burk has been overturned by the Arizona Appellate Court for bad rulings. This is just one reason that we have the State and Federal Appellate and Supreme Courts. Judges make mistakes in the law. Sad to say, it is the residents of Quartzsite that are paying for the mistakes of this outgoing Judge.

    "Get The Truth, Get The Facts"!
    http://www.aview.info

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  5. Neither of us is a attorney. You can interpet the judges findings as you wish. However the judges decision stands, The real proble with the Quartzsite complainers is that they are never satisfied. No matter what happens they find fault. it seems strange that just a few years afo an appeal was made to snowbirds to change their voter registratioin to Arizona so they could vite in local electioins, since that didn't occur in any significant numbers the dwindling number of Quartzsite coplainers have taken to complaining ever louder. Most Quartzsite voters do not support your plans reflected in the fact that your chosen people usually lose the electioin. You caanot get your way all of the tie. Accept the fact that you are going to have to accept other opinions and rulings that you hate. Grow up. work on a plan that appeals to the voterts. Until then, i and many voters will consider you as a hindrance to solving problems.

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    1. Blackrulon,

      You say you are not an Attorney. However, you do argue like one (If you have the money they will argue any point in a Court of Law.) I have been studding the Laws in each State of residency along with Federal Laws since 1968 when I started my pilots training. I found that it not only interested me, but also became a love as I entered into Law Enforcement.

      Your argument would hold water if you were of German descent and lived in 1934 through 1944 Germany. How dare the Jews complain when we took their business, homes, vehicles, and monies and then shipped them (Over 6 Million men, women, and CHILDREN!) off to one of over 25 Concentration Death/Slave-Labor Camps! It helped the German People, be damn the LAW!

      As your Civil and Constitutional Rights were never violated one can’t expect you to understand. After all, you didn’t have your residence unlawfully searched without a Court Warrant, falsely arrested without a Court Ordered Arrest Warrant, or have to fear being arrest and face jail time because of NO LAW VIOLATED, but because of something you may have done in the past (ALL BACKED UP! http://www.aview.info ) that in itself was NO VIOLAION of the LAWS!

      In each case, the VIOLATION of the LAW buy Judge Burke and he was overturned because he made the WRONG RULLING and in several cased violated the Complaints Constitutional and/or Civil Rights! You can read each of the Courts Rulings at http://www.aview.info and get educated. Rest assured, NO ONE in Quartzsite is going to allow what we have been able to back up as Corruption and Criminal Activity to go un-challenged. Until they are stopped in a Court of Law, our Republic and Constitutional Rights are in jeopardy.

      Blackrulon, YOU are the problem!

      “Get The Truth, Get The Facts”!

      http://www.aview.info

      Delete
  6. The judges decision (not to try the case and dismiss it on "laches") does not stand, that's what the Appeals Court ruling means. They remanded it back to Superior Court, to be tried, barring a settlement agreement being reached beforehand.

    I'm sorry, I thought I was speaking English.

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  7. Are you a attorney? Neither of us is a attorney but you seem to believe that it is fine for you to express your opinion. It seems to be a sign of desperation when you invoke the holocaust and the Nazi regime. It was on this sae blog when Jade asked on the truth of the rumor that Gilberts father was a Rabbi. That seemed to be a stretch or an antisetic viewpoint coing to the front. My opinion, and that of many in Quartzsite, is that you and others have becoe extreme and do not believe anyone else who has a opinion is entitled to express that opinion. I go back to reviewing the last few years and the group of self appointed savers ogQZ have lost alsmot every legal arguent they have expresswdd. Most recall elections have failed. People backed by the group have not won elections. What a bitter person you and your ilk have becoe.

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  8. It is a cause of curosity to me why you are accusing me or other people that reply to you on other maaters of being a lawyer or arguing like one. I do not know what you ean by that statement. Do you have trouble unjderstanding that people can disagree with you using their own thoughts? As I have said prior to this it is a shame what has become of the anti-anything people in QZ. At one time the antis had some general support of their position. But to dismiss anyone who does not agree with the with snide or rude comments does you no good. One of the problems is that a small cabal of people, instead of working for common ground and sensible positions, have instead decided to refuse to listen to what anyonhe else has to say. You and some others like yo, do not want to discuss the problems. A group of people only talk to others who feel the sae way and do not believe any other viewpoint has merit. I posted a reply previously several days ago but it has not been posted. Some of my responses have been delayed for onths. Refusing to post alternative points of view does not make you necessariy correct.

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  9. My goodness, there must be something in the Quartzsite air that makes you people so stupid. I'm hooking up my rig and heading elsewhere.

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