Free Letter - District Court of Delaware - Delaware

Case 1 :99-cv-00757-JJF Document 167 Filed 07/1 1/2006 Page 1 of 4
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The Honorable Joseph J. Farnan,Jr. @@ .31 §%§¥
United states District court
District of Delaware
844 King Street
Lock Box 27
Wilmington, DE 1980l I
July 9,2006
Re: Carter v. Taylor, et_al.
C.A. No. 99—757—JJF
Dear Judge Farnan:
First let me thank you for attempting to gain legal assistance
from the District Court's Legal Panel. Due in part to my belief that
no attorney will come to my aid, I am seriously considering with-
drawing my request for assistance from both the District Court,
and the Court of Appeals. I have given much thought to why Defense
Counsel has taken this step when in all acturality they are basing
their appeal on false information. I believe that no one is more
able to dispute the misrepresentations intended to be presented to
the Appellant Court.
T The Appellants argue that I, never obtained favorable termination
Z of my sentence, and that the multiple denials of Habeas Corpus relief
{ demonstrated that Apellants could not have been on fair notice that
E I, the Appellee was unlawfully detained. It is my intention to ask
Q the Court of Appeals to not consider this unless the Appellants can
i prove that the Defendants had specific knowledge of these rulings,
I which contridicts information already apart of the record, and would
5 raise greater problems for not only the Defendants, but even the De-
partment of Justice.
g Appellant Counsel attempts to build on the incorrectclaim that
i Your Honor based your decision as to favorable termination on a letter.
. when infact the ruling was correctly based on the March 4th order,
1
1
i

. Case 1:99-cv-00757-JJF Document 167 Filed 07/11/2006 Page 2 of 4
stating that "all credit for time previously served must be cred-
ited to the sentence".
I The Appellants Counsel further attempts to sell the Appeals
Court on the premis that the letter did not give "fair notice"
as to possibility of individual liability. Once again the famed
letter is being used to misdirect this Court. The correct point
of consideration is, "What was the controlling law at the time of
the claimed constitutional violation", this being as stated in
Gamble v. State of Delaware No. 407,l998...this Court has con-
sistently held that a defendant must be given Level V credit for
all prior time actually served at Level V incarceration when fur-
ther incarceration at Level V is imposed after a probation viola-
tion.
Clearly I am convinced that utilizing the correct information,
I will be able to show the Court of Appeals what is being presented
being nothing but fraudulent misrepresentations which is par for
the course, when the Department of Justice is afraid of the truth
coming out. The only concern that I now have is that the Appellants
Counsel have raised the issue that you failed to specify what facts
it relied on and the legal reasoning it employed in denying sum-
mary judgement as to the Appellants' assertions of qualified immun-
ity. If this contention could have a negitive effect on my persuit
of a pro,.se appeal, I respectfully request that this defect be cor-
rected. I with great respect to your Honor make this request. .
As I‘ve stated I am leaning to informing both Jurisdictions of
Y a decision to withdraw my request for counsel after thirty days on _
still no notice of attorney interest in my case.
Resp c ully submitjed
i wma 6. @.,4}*
Sherman A. Carter
xc: Stuart B. Drowos
Aaron R. Goldstein

Case 1:99-cv-00757-JJF Document 167 Filed 07/11/2006 Page 3 of 4
' To: The Clerk of the Court
U.S. District Court
District of Delaware
844 King Street Lock Box 27
Wilmington DE 19801
July 10,2006
Re; Carter v. Taylor, et al.
C.A. No. 99-757-JJF
Dear Clerk:
My name is Sherman A. Carter, the Plaintiff in the above
cited civil action. I have placed in the U.S. Mail two true
copied of the enclosed letter to Judge Farnan to the Legal
Counsel for the Defendants, addressed as follows on this the
10th day of July of 2006.
To: Stuart B. Drowos &
Aaron R. Goldstein
Deputy Attorney Generals
Department of Justice
State of Delaware _
' Carvel State Office Building
820 N. French Street
Wilmington, DE 19801 _ M
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i signed: ‘f ¢ZZM¢~t’ 04
E Sherman A. Carter
1
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