Here it is!
Supreme Court Case Filed Regarding Judicial Review of Allegedly Fraudulently Procured Arbitration Awards, S...
By God's grace alone, I filed the cert petition with the Supreme Court on January 23, 2012. I will have a lot more information in the coming days. Analysis. Details. Humorous anecdotes about a pro se litigant writing and submitting a cert petition. That kind of stuff.
But today, I am just praising the Lord and giving thanks to God that He has guided my steps and directed my paths through all of this. Those of you who have been following this blog for the last few years know that my faith has guided and sustained me through some of the darkest days a person could endure.
Unemployment. Foreclosure. A custody fight.
Broke - but NOT Broken.
"Do not lie in wait, O wicked man, against the dwelling of the righteous;
Do not destroy his resting place;
For a righteous man falls seven times, and rises again,
But the wicked stumble in time of calamity."
Proverbs 24:15-16
This has been going on for more than four years. This is not the path I chose. But this is the path that has been chosen for me based on the actions of the Respondents. And this is the path that God has allowed. So, I continue down this path and trust God's will and purpose completely. God's will is perfect. Always.
Plenty of news to share with you on all of this - the Supreme Court case, FINRA, the case filed in state court against Dwight Wanken, etc. I'll get to all of it in the next few days.
Today is a day to Praise the Lord for His faithfulness, His goodness, His love.
There is no way that I could have written this brief without God's direction and guidance. I've said it before, I'll likely say it again. I'm just a guy with a slingshot and a smooth stone.
This most definitely is a David vs. Goliath story.
The questions before the Supreme Court in this petition are weighty. The essence of them is whether a court can prematurely dismiss allegations that an arbitration award was fraudulently procured, which is how I have alleged the Respondents in this case procured a favorable award.
At issue is whether the Supreme Court will resolve a split among the circuit courts regarding judicial review of arbitration awards involving allegations of fraudulent procurement.
I have also averred that the summary judgment granted was inappropriate, violating statute and precedent, given unresolved issues of genuine material fact and unreviewed evidence. I have further argued that the district court and Fifth Circuit failed to follow precedent with regard to how it treated my pleadings as a pro se litigant. Finally, I have asked the Court to exercise its supervisorial powers over the lower courts given their departure from usual judicial proceedings.
"These also are sayings of the wise.
To show partiality in judgment is not good.
He who says to the wicked, “You are righteous,”
Peoples will curse him, nations will abhor him;
But to those who rebuke the wicked will be delight,
And a good blessing will come upon them."
Proverbs 24:23-25
Ah. I said I wasn't going to go on and on about the case. So I'll stop here. But I'll have more. You can be sure that there is much more to come.
I'll end with God's Word on false witnesses and perjury.
"A false witness will not go unpunished,
And he who tells lies will perish."
Proverbs 19:9
And with one of my favorite songs right now.
Matt Maher preaches the Gospel in a fresh, real way. Suffice it to say, I listened to this one *a lot* while I was writing the cert petition.
No matter *what* happens with this petition, I know the promise I have in Jesus Christ. I know that the time here on earth is a blink compared to eternity. I know that the evil, wicked and unjust will be punished by God in a way that no earthly court could. And I know that God created justice and is the real Chief Justice. And I think that Chief Justice Roberts would agree with that statement.
No matter what happens with the case, I am at peace. I know Who my hope is and I know What my hope is.
I hope you know the hope and promise we have in Christ. That He gives us the ability to endure anything. To trust His will completely. To know that He is in control and we can rest peacefully.
To sing triumphantly,
"O DEATH, WHERE IS YOUR VICTORY? O DEATH, WHERE IS YOUR STING?"
"Now I say this, brethren, that flesh and blood cannot inherit the kingdom of God; nor does the perishable inherit the imperishable. Behold, I tell you a mystery; we will not all sleep, but we will all be changed, in a moment, in the twinkling of an eye, at the last trumpet; for the trumpet will sound, and the dead will be raised imperishable, and we will be changed. For this perishable must put on the imperishable, and this mortal must put on immortality. But when this perishable will have put on the imperishable, and this mortal will have put on immortality, then will come about the saying that is written, “DEATH IS SWALLOWED UP in victory. O DEATH, WHERE IS YOUR VICTORY? O DEATH, WHERE IS YOUR STING?” The sting of death is sin, and the power of sin is the law; but thanks be to God, who gives us the victory through our Lord Jesus Christ."
Therefore, my beloved brethren, be steadfast, immovable, always abounding in the work of the Lord, knowing that your toil is not in vain in the Lord.
1 Corinthians 15:50-58
Thursday, January 26, 2012
Praise God! Petition for a Writ of Certiorari Filed with the Supreme Court of the United States on January 23, 2012 in Case Against Respondents Dwight Wanken of Beacon Financial Advisors and Raymond James Financial Services, Inc. Questions Presented Include Summary Judgment, Pro Se Litigant Pleadings and a Circuit Split on Judicial Review of Arbitration Awards Alleged to Have Been Fraudulently Procured.
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