Call to Action With Jesse Dreyfuse | Nemo Debet Esse Judex In Propria Causa - which means - No Man Ought To Be A Judge In His Own Cause. "Judge Paul T. Farrell's refusing to self-disqualify from Habeas corpus proceedings where Judge Farrell was himself named as the 'Party', is simply called "Breaking all Laws of the United States of America".
17 December 2022 | Jesse Dreyfuse | Cabell County, West Virginia.
Michael Brown's wrongful murder conviction is before the West Virginia Supreme Court after 25 years of imprisonment in a landmark appellate proceeding which is expected to set a legal precedent in Circuit Court Judges being disqualified from cases in which they are named as a 'Party' of interest - that demands their recusal.
The appellate proceeding assigned case number 22-899 is a case of first impression addressing Huntington West Virginia's Cabell County Circuit Court Judge Paul T. Farrell's refusing to self-disqualify from Habeas corpus proceedings where Judge Farrell was himself named as the 'Party', who violated Brown's constitutional rights in previous proceedings by sealing newly discovered evidence that proves Brown's innocence as well as several other issues involving blatant Judicial misconducts being committed by Judge Paul Farrell, including his summarily dismissing the habeas without addressing the issues presented involving the judicial misconducts being presented.
Michael Brown was one of many wrongful murder convictions secured in West Virginia's Cabell County judicial system by former prosecutor Chris Chiles and his colleagues deliberately presenting false fabricated evidence and perjured testimony as well as concealing exculpatory evidence showing his innocence. Brown's conviction was actually reversed twice in the last two decades and during the last run, Judge Paul Farrell sealed the evidence proving Brown's innocence!
Now, West Virginia's Supreme Court will hear the assignments of errors claimed in Michael Brown's Appeal as:
1 - Lower Court Judge Paul T. Farrell abused his discretion by refusing to recuse from the habeas at issue and in hearing and deciding the case in which Judge Farrell himself was named as a "Party" in the Habeas at issue in four separate assignments of errors claimed for reliefs in violation of Article 3, 17 of the W.Va. State Constitution and the 5th and 14th Amendments of the U.S. Constitution.
2 - Lower Court Judge Paul T. Farrell abused his discretion by not providing specific findings of facts and conclusion of law to each of the contentions raised in the Habeas Corpus at issue in violation of Article 3, 17 of the W.Va. State Constitution and the 5th and 14th Amendments of the U.S. Constitution.
Michael Brown has also moved for oral arguments before the State's High Court, as well as a memorandum decision to be issued as the issues being appealed, are a first in West Virginia which will set a legal precedent affecting all Circuit Court Judges in presiding over cases where they are identified and named as a Party of interest, This will certainly have an impact on all civil actions involving insurance as well as criminal proceedings.
Michael Brown has maintained his innocence for over 2 decades and has only sought a new trial absent of the prosecutorial misconducts in presenting the false fabricated evidence and perjured testimony that was used in his 1999 criminal trial.
West Virginia's Cabell County Courthouse and judicial system has been described as a den of corruption, A vipers’ pit filled with scandal and criminalized misconducts that West Virginia's media has silenced for decades.
Brown's Appeal is supported by the ancient common law maxim "Nemo debet esse judex in propria causa" which means "No man ought to be a judge in his own cause", This rule is fundamental and inviolate in every State in America, Except for Huntington's Cabell County Courthouse where Judge Farrell has obviously disregarded the law entirely and decided the claims of his own Judicial misconducts.
Judges are like an official of an athletic event, such as a referee in a ballgame. As his duty, he must require all of the players to abide by the rules. The referee or umpire must not become an adversarial participant in the scenario, for if he does he brings discredit to the integrity of the system.
Therefore for a Judge to participate as an adversary denies to the people one fundamental element of due process, the Constitutional right to an unbiased tribunal. When Judge Paul Farrell recklessly refused to self disqualify he invoked the jurisdiction of the circuit court and placed himself in the position as party and adversary in the matters involving his own Judicial misconducts.
The Appeal was perfected and filed within days of receiving the W.Va. Supreme Court scheduling ORDER directing Brown to have his Appeal perfected and filed by January 26th of 2023. The scheduling ORDER was issued on December 9th, 2022, and Brown's perfected Appeal was completed on 12/15/2022.
The W.Va. Attorney General Patrick Morrissey now has 45 days to serve his reply brief and explain, if he can, as to how Judge Paul T. Farrell may be allowed to preside over a case for which he was named as the Party who committed Judicial misconducts as well as deciding his violating the constitutional rights of Michal Brown in previous proceedings in the Cabell County Circuit Court.
Michael Brown has been active over the last 25 years in having the wrongful murder convictions overturned and for his being afforded a new trial and at every turn along the way of his quarter decade of litigations the scandal, corruption, and criminalized misconducts that have consumed the Cabell County judicial system has been silenced. Until now. It is by the grace of God and his will that the story is now being told and we look forward to the West Virginia Supreme Court's decisions in this landmark proceeding.
Jesse Dreyfuse is an Author at Justice News. CTA | Call To Action with Jesse Dreyfuse