Attorney-at-Law

NOT SO OBLIGING – PART DEUX

In Uncategorized on 01/13/2016 at 17:12

Judge Tamara W. Ashford is not as obliging as her colleague Judge David Gustafson. She won’t visit you in the Stony Lonesome, especially when you’re doing 55 years hard in the State of Illinois Correctional System. And that’s sure a lot of correcting.

This is the story of Don Wang, Petitioner and Misook N. Wang, Intervenor, Docket No. 10434-14, filed 1/13/16, but it’s really Misook’s story.

“…Misook N. Wang filed with the Court a document titled ‘Motion for Writ of Habeas Corpus Ad Testificandum.’ The document is actually a Cook County, Illinois petition for writ of habeas corpus ad testificandum, wherein intervenor requests this Court to issue a writ for her appearance before the Court at the Court’s March 14, 2016, Chicago, Illinois Trial Session.” Order, at p. 1.

It seems that, back some years ago, Misook murdered her mother-in-law. And Don, not surprisingly, wants a divorce.

Tough luck, Misook.

“This Court is without authority to direct the United States Marshals Service to transport a state prisoner to and from this federal court’s courtroom. See Pennsylvania Bureau of Correction v. United States Marshals Service, 474 U.S. 34, 39 (1985). In addition, in her motion, intervenor does not state that appropriate arrangements for payment of the costs associated with her appearance at petitioner Don Wang’s trial currently calendared for the Court’s… Chicago, Illinois Trial Session have been made.” Order, at p.1.

But Misook doesn’t have to contemplate taxation without representation in addition to her other woes. “Intervenor is advised that, in lieu of personally appearing at trial, she may choose to hire a practitioner admitted to practice before the Court to represent her or she may submit a written statement pursuant to Rule 50(c) of the Tax Court Rules of Practice and Procedure.” Order, at pp. 1-2.

So if you or a client are doing hard time, there’s an alternative to a trip to Tax Court.

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