We won! We need to get this court decision published ASAP! This could be the decision Judge Ochoa in SoCal can/will use to overturn the suction dredge ban in California....set a nationwide precedent on miner's rights and prevent preemption by the states to federal mining law!
I strongly urge "you all" to write letters as I am going to do...
Simply copy, paste, modify slightly if needed, sign...mail...
Even though I am living in Colorado, I do prospect in California and I do have a GREAT interest as a prospector/miner in seeing this court decision "published" and made a matter of public record for all future court cases and law suits...all across the country.
So, anyone and everyone PLEASE take a few minutes and 8 total stamps/envelopes/letters to do the same.
Simply write a letter to the Appellate Court in California and the 7 other interested parties on the Service List in the case below, as well:
"IMPORTANT:
Please note that in addition to mailing the letter, you are required to mail copies to the parties on the service list for the case. So the proof of service form must be filled in, executed with your signature, and mailed as a second page to your request.
Your request must be received by the Court on or before 12 October 2014."
We need to make this pro-miner decision a matter of public record!
Cheers,
Randy Witham C-17A
Note: Please send both pages to all parties...
________________________________________
____________________________, 2014
BY FIRST CLASS MAIL
Hon. Justice Harry E. Hull, Jr.
Hon. Ronald B. Robie
Hon. Andrea Lynn Hoch
914 Capitol Mall
Sacramento, CA 95814
Re: The People v. Rinehart, Case No. C074662
Request for Publication
Dear Honorable Justices:
Pursuant to California Rule of Court 8.1120, I write to request that the Court order slip
opinion issued in The People v. Rinehart (Case No. C074662) be certified for publication.
As a miner in the State of California, I have a keen interest in establishing that federal
mining laws impose substantive limits on the power of the State of California to regulate my
activities on federal land.
Publication is appropriate because this opinion establishes a rule of law not previously
set forth in California opinions, though established in federal court cases, and involves a legal
issue of continuing public interest. There are numerous ongoing lawsuits in California
concerning the scope of the State's regulatory powers over mining on federal land, and the
absence of California precedent has caused increased costs and delay for litigants and the
State.
Thank you for your consideration of this request.
Sincerely,
Page 2
PROOF OF SERVICE
I, __________________________, declare:
I am a resident of the State of _____________________ and am over the age of
18 years, and not a party to the above action. My address is
________________________________________________________.
On ______________, 2014, I served the attached letter requesting publication in
this action by placing true copies thereof in sealed envelopes and mailing them by First
Class mail, postage prepaid, addressed to:
Matthew K. Carr
Deputy District Attorney
Plumas County District Attorney
520 Main Street, Room 404
Quincy, CA 95971
Marc N. Melnick
Deputy District Attorney
Office of the Attorney General
1515 Clay Street, Suite 2000
Oakland, CA 94612
Clerk of the Court
Plumas County Superior Court
520 Main Street, Room 104
Quincy, CA 95971
Jonathan Evans
Center for Biological Diversity
351 California Street, Suite 600
San Francisco, CA 94104
Lynne Saxton
Saxton & Associates
912 Cole Street, Suite 140
San Francisco, CA 94117
Damien Schiff
Jonathan Wood
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814
James Buchal
Murphy & Buchal LLP
3425 SE Yamhill Street,#100
Portland, OR 97214
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on __________(date)__________, at ____(your location)_____.
(signature) _________________________________
--------------------
Here's the source e-mail I was forwarded FYI:
-------------------
Subject: 9-28-2014 COURT DECISION information from PLP & Request
CC:
Hi, just a reminder that you're receiving this email because you have expressed an interest in Mother Lode Goldhounds. Don't forget to add cyned0523@yahoo.com to your address book so we'll be sure to land in your inbox!
Hi Goldhounds!
Here is a notice that I received from PLP about the court decision in the Reinhart case & a request. They need our help once more. We are getting closer, and now is no time to give up!
Cyndy
This request is being forwarded to you by Public Lands for the People due to its extreme importance on the future of prospecting and mining in California.
Thank You for timely acting on this request.
I am sorry to burden you with this request. I would not bother you unless it was of the utmost importance. But if we cannot persuade California's Third Appellate Court to publish its recent Decision overturning the conviction of Brian Rinehart, we will not be able to make use of the stunning victory we have all worked so hard for as we move forward with future litigation.
I am told that the Appellate Court can be persuaded to publish a Decision if enough of the public demonstrates an interest in the case. Therefore, we need as many supporters as possible to send a letter to the Appellate Court in California. Here follows a sample letter from which you can copy and paste to create your own letter:
Link:
Letter sample regarding publication of Appelate court's opinion
You are welcome to provide different information in the second paragraph concerning who you are and your interest in the case. Even if you reside outside of California, it is important to make it clear that you have a personal mining interest inside of California.
IMPORTANT:
Please note that in addition to mailing the letter, you are required to mail copies to the parties on the service list for the case. So the proof of service form must be filled in, executed with your signature, and mailed as a second page to your request.
Your request must be received by the Court on or before 12 October 2014.
Thanks very much for making the effort on this. All of our many years of hard work and investment will be solidified into an important legal milestone if we can just get this Decision published.
If the Decision is not published, we will basically be starting over from the beginning!
I don't know about you guys, but the prospect of that reality makes all of us very tired!
Please Pass on to all Your e-mail contacts.
You can subscribe to these emails at http://plp1.org/contactus.html
Fighting for your right to mine is very expensive so PLP is auctioning off Gold or any donations you can make to help raise money.
If you will help we will take just about anything from old heirlooms to vehicles to GOLD dust or nuggets. CASH will be accepted also.
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