..Continued.. - JUSTICE EXUM'S DISSENT.. Even though the former North Carolina Supreme Court Chief Justice, James Exum Jr., wrote a strong dissent regarding the outcome of this case and Judge James McMillan granted the writ of habeas corpus based on this dissent, the state of North Carolina, on appeal, AVOIDED mentioning the perjured testimony regarding the outcome of the polygraph test. ( The state is able to SET the subject matter of appeals) The 4th Circuit reversed, relying on the state court's presumption of correctness to justify the reversal.
Milano has once again petitioned for writ of certiorari and the docket issued states the following.... -DOCKET..
Hopefully the accompanying brief will be read and digested and acted upon to reverse this injustice and allow Mr Milano to get on with the next phase of his life.
- A Letter To Barry Scheck..written in 2002 *** Today- 092303 I have written another letter to Barry Scheck in the hope that he'll consider offering Frank Milano legal advice, at least. Sadly there is no DNA in this case to test.
- POLYGRAPH TESTS ..more from the web .. - MotherJones.com.. - The Lie Behind The Lie Detector.. - Polygraph and Philip Workman.letter to the editor..
1: 4. Evidence_polygraph_negligence action_not admissible... ... The trial court did not err in a negligence action by refusing to admit evidence from a polygraph test tending to show that plaintiff had lost his sense of taste as alleged. It is well established that polygraph evidence is not admissible in North Carolina trial courts.
Ann Ezelius..Sweden / 03
| 092303.. Today I received a letter from Frank Milano. He has a very important date on 29th September ( see Docket) and for some reason he had to undergo a strip- search last week. He said he had to wear prison" jewellery" ..handcuffs..and after the bodysearch his belongings were very thoroughly searched. Now Frank is a born again Christian and studies hard, helps inmates where he can, evangelizes, calls his Mom regularly, writes me regularly and generally minds his own business. I know beyond a shadow of a doubt that he does not do drugs or supply drugs and knows how very important it is for him to keep his slate extra clean! So..like him..I'm a-wondering..why this intense movement around "himself"?? Perhaps the authorities want him to be worried..to stress out..to fear!! But we are both very faithful and KNOW that in the end the TRUTH WILL OUT!! AMEN!!
100103.. Heard from Frank again today and he says the harrassments have been put on hold for a while but the dirty looks persist. It seems he has been asked to be a snitch..!! and is not popular because he won't play ball! The order for the strip search apparently came from high up in the ranks and he was promised the Honour Grade if he did what was asked of him. He himself is unsure what this means..but could it perhaps have something to do with the result of the conference on 29th Sept? As yet we do not know the final result. Now this is very worrying to me as he is my friend and I don't like what I'm hearing!! I have sent his webpage to the Charlotte Observer so I'm hoping they'll drop in here for a visit. Don't know yet what the Supreme Court's decision is. I love corresponding with my prison friends but it's hard to be so far away when they're in trouble. Should anyone wish to contact Frank Milano please e-mail me vladd77@yahoo.com or read his address on the docket.
100603.. In today's letter Frank Milano seems to be getting a brief together and sounds quite positive. He has found some interesting flaws and faults but DESPERATELY needs an attorney to read his brief, give him tips and possibly represent him. Sadly the Supreme court denied his latest petition.. | ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ | | May 27 2003 | Petition for writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2003) | | Jun 18 2003 | Waiver of right of respondent North Carolina to respond filed. | | Jun 26 2003 | DISTRIBUTED for Conference of September 29, 2003. | | Oct 6 2003 | Petition DENIED. | He is back to square one. BUT he is no fool and knows he has a case but needs a legal voice to bring it to the ears of the court. Any and ALL help is appreciated!!
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