Jan 11, 2022

Apellate court describes Elvine-Kreis' order suffering from "fatal procedural defects"

 



Thomas Rollins did not allow Judge Gregory Elvine-Kreis' to bully him. He appealed and he won.

"Because we conclude the contempt order suffers fatal procedural defects and is insufficiently specific, we grant the petition and annul the contempt order."

"Because neither Rollins's words nor his gestures are described in detail and there is no transcript of the hearing, we cannot  determine they are contemptuous on their face. And because it is unclear whether the court specifically warned Rollins that the tone of his voice (i.e., his yelling) would subject him to contempt, we cannot uphold the order."

Rollins experience is not isolated. Humboldt Superior Court and Elvine-Kreis have still not learned their lesson. 

They know not everyone has the means, the money and the time to fight the Humboldt Superior Court system and incorrect rulings.

Ben Erickson's case is just one of the many other cases involving Judge Elvine-Kreis I wrote about.  I have been contacted my many people about Judge Elvine-Kreis. If the Governor, the legislators, the agencies who are supposed to oversee the court system, actually gave a damn, citizens all over California would have more faith in the system and justice. 

Read the full opinion:

https://casetext.com/case/rollins-v-superior-court-2







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