Judge Murphy should be overruled

The Madison County Record Feb. 25, 2007, 6:30am

To the editor:

It is not surprising that state courts have made it a practice to butcher the U.S. Constitution. It is surprising when federal courts take up this practice. Even the U.S. Supreme Court is guilty of blundering into this practice.

What takes precedence in U.S. jurisprudence? Twisted logic of judges, manufactured self-serving rules, capricious opinions that intentionally abrogate the strict construction and mandate of the Constitution, or a clear, precise, honest application of our fundamental laws?

The U.S. Supreme Court has thrown residents to the wolves with their recent opinions about eminent domain and assistance of counsel.

A local quarry that is constantly being pursued by local predators has been denied their right to defend themselves under the protection of the U.S. Constitution. U.S. District Judge G. Patrick Murphy of East St. Louis has rejected the removal to federal court of a personal injury lawsuit against Cottrell Inc. of Georgia and Cassens & Sons of Illinois by plaintiff Keith Yount. Yount, a resident of Ohio, alleges that he was injured in Fenton, Mo.

Yount is represented by the Lakin Law Firm of Wood River.

Judge Murphy wrote this statement, "The Court views Cottrell's absurd allegations of fraudulent joinder as tantamount to a failure to explain why 11 of Cottrell's co-defendants have not consented to removal."

Murphy's statement is absurd. No explanation is necessary. Most joinders are fraudulent.

In most cases they are a gimmick of courts. The plaintiff has the duty to explain why the joinder is not fraudulent. But the question of joinder is not the primary issue in this case.

It is clear that the litigants are residents of various states.

Murphy does not have to be told this or that there is a due application of Article III of the Constitution.

It is the Court's duty to comply with this mandate. Article III, Section 2 of the U.S. Constitution is relevant and takes precedent over all manufactured statutes, case law, rules and Murphy's opinion, "The judicial power shall extend to all cases...between citizens of different states..."

Judge Murphy should be overruled by a Court with superior wisdom.

Charles D. Sullivan

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