Friday, February 6, 2009

Court denies Derrick Gillenwater's Interlocutory Appeal, so still no First Amendment Rights to blog; unclear on his right to file basic pleadings.

Again, I'll have to correct myself later if I get something lost in the translation from the law students, but here is my understanding of what happened on the Interlocutory Appeal.

1. The Court of Appeals continued to deny Mr. Gillenwater the right to blog about this case.

2. The Court remanded the case for some kind of further action with respect to Mr. Gillenwater's request to file a Motion for Summary Judgment and a Motion to Compel discovery on other cases of alleged malpractice or professional conduct complaints, such as the Oscar Atehortua case.

3. Mr. Gillenwater still cannot get a return phone call from the Court Reporter to get the transcript that he's entitled to as a matter of law from Judge Giles' courtroom.

That's all I know. I also know that the U.S. Justice Department is going to be seeing this case if I have to take it to the Department myself.

But I doubt I'll have to do that, the students and Mr. Gillenwater appear to have things well under control -- even though Mr. Gillenwater continues to labor under a clearly Unconstitutional decision, and Attorney Denner keeps on benefitting from it.


opencourts said...

This is a rather remarkable case.

What is even more remarkable is the total lack of surprise, support or coverage from people and institutions who should be interested in this and working to make sure that basic Human and Civil Rights are protected, regardless of where you come out on the merits of the underlying case.

Welcome to Boston. I've watched it for many a year, going on back through the Stuart murders to the present day; not much changes around here.

-Boston Bob

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