Oakview2 Posted September 25, 2014 Share Posted September 25, 2014 from the New 49ersAccording to our sources, the more people who express an interest in seeing the Rinehart Decision published, the more likely that it will happen. So we encourage you guys to pass this around far and wide.Here is a barebones sample letter that should be sufficient to meet the requirements of Rule 8.1120. You are encouraged to provide further information in the second paragraph concerning who you are and your interest in the case.http://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_1120You may also think of other reasons to add to the third paragraph for why the opinion meets the Rule 8.1105 standards for publication.http://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_1105Please note that in addition to mailing the letter, you are required to mail copies to the parties on the service list for the case; the second form below is the “proof of service” form that contains those addresses.Hon. Justice Harry E. Hull, Jr.Hon. Ronald B. RobieHon. Andrea Lynn Hoch914 Capitol MallSacramento, CA 95814Re: People v. Rinehart (Case No. C074662)(Date)Dear Honorable Justices:Pursuant to California Rule of Court 8.1120, I write to request that the Court order the slip opinion issued in 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,_______________________(full name and address)PROOF OF SERVICEI am over the agent of 18, 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. CarrDeputy District AttorneyPlumas County District Attorney520 Main Street, Room 404Quincy, CA 95971Marc N. MelnickDeputy District AttorneyOffice of the Attorney General1515 Clay Street, Suite 2000Oakland, CA 94612Clerk of the CourtPlumas County Superior Court520 Main Street, Room 104Quincy, CA 95971Jonathan EvansCenter for Biological Diversity351 California Street, Suite 600San Francisco, CA 94104Lynne SaxtonSaxton & Associates912 Cole Street, Suite 140San Francisco, CA 94117Damien Schiff & Jonathan WoodPacific Legal Foundation930 G StreetSacramento, CA 95814James Buchal3425 SE Yamhill Street,#100Portland, OR 97214I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _____________, at _______________. Quote Link to comment Share on other sites More sharing options...
Gold Nuggets Posted September 29, 2014 Share Posted September 29, 2014 Thanks Oak for posting this info. It will be very important that we, as miners, get this court decision published so lawyers can use it as a defense for future trials over ourmining rights. Because the environuts will not quit trying to stop us from mining....... Quote Link to comment Share on other sites More sharing options...
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