Showing posts with label SEATON CASE. Show all posts
Showing posts with label SEATON CASE. Show all posts

10 November 2011

Sacramento Superior Court Controversy: Hon. Matthew J. Gary Family Court Ruling Overturned By Third District Court of Appeal in Sacramento

Sacramento Family Court Judge Conducts Improper Investigation, Forensic Analysis on Allegedly Drunken Signature - Ruling Gets Reversed 

Sacramento Federal Court Eastern District of California – United States Courts, US District Court Sacramento, Judge William B. Shubb, Judge Edmund F. Brennan, Judge Garland E. Burrell Jr, Judge Carolyn K. Delaney, Judge Morrison C. England Jr, Judge Gregory G. Hollows, Judge John A. Mendez, Judge Kendall J. Newman, Judge Troy L. Nunley, Judge Allison Claire, Judge Dale A. Drozd, Judge Lawrence K. Karlton, Judge Kimberly J. Mueller, United States Attorney Benjamin Wagner, Hon. Robert C. Hight – Hon. Bunmi O. Awoniyi – Hon. Steven M. Gevercer – Hon. Tami R. Bogert – Hon. James M. Mize – Vance Raye - CJP Victoria B. Henley – Hon. Thadd A. Blizzard -Third District Court of Appeal Sacramento, Seaton Case - Hon. Matthew J. Gary, Patricia Seaton - 3rd District Court of Appeal - Justice Vance Raye - Justice Cole Blease – Justice Ronald B. Robie – Justice William J. Murray Jr. – Justice George Nicolson – Justice M. Kathleen Butz – Justice Elena J. Duarte – Justice Harry E. Hull Jr. – Justice Louis Mauro – Justice Andrea Lynn Hoch – Third District Court of Appeal -
Judge Matthew Gary's decision in the Seaton case was overturned on appeal.
Controversial Sacramento County Superior Court Judge Matthew Gary has suffered the full reversal of an order he issued in September, 2009. Gary's error cost taxpayers between $8,500 and $25,500, the current cost to the state to process an appeal, according to recent appellate court decisions. The case, in which the decision was published, is In re the Marriage of Seaton.  

The black eye comes two and a half years after the judge botched a criminal case requiring the Third District Court of Appeal to reverse the conviction of Daniel Ray Maier. The Maier decision, People v. Maier, was unpublished, but can be viewed at Google Scholar.

The 3rd District decision in Seaton indicates that Gary sought to harshly punish Patricia Seaton for what the judge perceived to be credibility, if not morality issues. The reviewing court noted that Gary's credibility determinations were unrelated to the facts and law relevant to deciding the legal issues in the case. Gary also assumed the role of expert witness and advocate in a unilateral determination that signatures on a 1988 marriage license were not made by a person who was drunk.    

The order issued by Gary nullified the 17-year marriage of Patricia and Jeffrey Seaton on the ground that Patricia was married to another man at the time of her marriage to Jeffrey. Gary also denied Patricia's claim that she was a de facto, or putative spouse. The rulings stripped Patricia of all property, support, attorney fees/costs and other rights associated with a marriage or domestic partnership. 

Gary's order awarded Jeffrey all assets and property that, had the marriage been valid, would have been community property. According to the judge, the lengthy marriage was void - as if it never happened.

The 3rd District disagrees: To continue reading, click Read more >> below: