Telford V. Nye Appendix Dckt. 39497
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UIdaho Law Digital Commons @ UIdaho Law Idaho Supreme Court Records & Briefs 5-29-2013 Telford v. Nye Appendix Dckt. 39497 Follow this and additional works at: https://digitalcommons.law.uidaho.edu/ idaho_supreme_court_record_briefs Recommended Citation "Telford v. Nye Appendix Dckt. 39497" (2013). Idaho Supreme Court Records & Briefs. 3869. https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/3869 This Court Document is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Idaho Supreme Court Records & Briefs by an authorized administrator of Digital Commons @ UIdaho Law. For more information, please contact [email protected]. Appeal I Writ No. 39497 - 2011 In The Supreme Court For The State Of Idaho In The Matter Of The Order Re: Holli Lundahl Telford Holli Lundahl Telford, Petitioner vs. Sixth Judicial Administrative District Judge David C. Nye Respondent Administrative Case No. 2011-3 Before Judge David C. Nye, Sixth Judicial District, State Of Idaho APPENDIX In Support Of BRIEF RE PETITION FOR REHEARING Holli Lundahl Telford 1200 N. Main Street #1 Meridian, Idaho 83680 Fax no. 307-212-6888 TABLE OF CONTENTS Exhibit No. 1 Idaho Supreme Court April 23, 2013 Order Affirming Vexatious Litigant Order 2 Relevant Pages of HOlLl's Objection To Motion To Augment Filed February 20, 2013 3. Emails sent District Court clerk Diane Skidmore Responding To Vexatious Litigant Order (over 10 page fax limit) 4 October 28, 2011 transcript of oral recording of conversation with District Court clerk Diane Skidmore promising to file all papers submitted by Holli during the period Skidmore was away from her office 5 SDT served on Clerk Diane Skidmore for turn over of computer to verify if Skidmore deleted email transmissions 6 Affidavit of forensic computer expert Rex lewis attesting that District Court Clerk Diane Skidmore received all emails sent to Skidmore 7 Certified copy of pg 2 of Inventory List Re August 10, 2011 Search and Seizure performed on HOlLl's home 8 Search Warrant Hearing falsely accusing HOlLi of stealing the internet account and I P address of the friends of the prosecutor to gain access to HOlLl's home and properties 9 Email from HOlLi to Sheriff Jeff Semrad threatening suit for interfering with subpoenaed process on closed US Bank accounts 10 Google response to SDT served by the Oneida County Prosecutor 11 Order appointing Judge Stephen Dunn to replace Judge David Nye 12 District Court Clerk Diane Skidmore's certified "record on appeal" presenting a 'default record' 13 First American Title Insurance Company's Rider on the title policy HOlLi purchased from First American Title Insurance Company's Idaho constituent entity First AmericanTitle Company of Idaho, Inc and made out to HOlLl's Malad, Idaho address 14 First American Title Insurance Company's advertisement identifying development and investment functions re commercial properties 1 15 First American Title Insurance Company's escrow agent Jeffrey Barnes' affidavit filed in federal case no. USDC-Idaho, Telford v. Brown, et al. case no. 4:05-cv-460 admitting to employment with First American Title Insurance Company (not the later created fictitious entity) 16 General Appearances by First American Title Insurance Company And Jeffrey Barnes in re USDC-Idaho, Telford v. Brown, et al. in re USDC-Idaho case no. 4:05-CV-460 17 Vice President of First American Title Company of Idaho, Inc. Monine Cole's Affidavit attesting that First American Title Insurance Company was a non-existent entity 18 Idaho registration documents for First American Title Company of Idaho,lnc. and showing the owners and principles of First American Title Insurance Company on the Board of First American Title Company of Idaho, Inc.; showing the biographies of the Board members, and showing the Idaho and Utah registration information for First American Title Insurance Company located in Santa Ana California 19 Relevant part of Orders corruptly dismissing Idaho federal prosecution for lack of personal jurisdiction based on the concealment of Holti's objections by the Idaho federal clerk pursuant to instructions by the Idaho federal judge pursuant to a false and "fixed finding that HOlLl did not have an Idaho residence (a finding which was inculpated by public records) 20 302 FBI report taken from Oneida County Sheriffs investigator Detective Schwartz to sustain HOlLl's federal prosecution for alleged jurisdictional residency fraud 21 Rocky Mountain Power's response to federal SDT issued in USDC Utah case no. 07-CR-272 by the Federal Prosecutor Cy Castle and discrediting 302 FBI report found in this Appendix @ ex. "20" 22 Dismissal order entered in federal criminal case USDC-Utah case. no. 07 -CR-00272 WFD 23 Oneida County Recorder Shirley Blaisdell's letter refusing to record Warranty Deed on Idaho property based on Jim Keddington allegedly being a fictitious person 24 Email to Sheriff Jeff Semrad re US Bank and exculpating HOlLl from the false charge of theft of an internet account and IP address of the Christainsens, friends of the Oneida County city attorney Dustin Smith 2 25 Utah state judge's minute order granting the Browns (represented by the law offices of Merrill and Merrill) motion for summary judgment based on the false and fraudulent assertion that the Idaho federal litigation in re 2:05-CV-460 had decided Holli's claims on their merit. 26 Interpleader Complaint filed by fictitious person First American Title Insurance Agency of Utah, llC, a Delaware Limited Liability Company, licensed to do business in Utah against HOlL! while HOlL! was in federal jail on jurisdictional fraud charges propounded by First American Title Insurance Company and the Browns 27 Utah Division of Corporation's records on First American Title Insurance Agency of Utah, llC, a Delaware Limited Liability Company, and showing that this agency was not licensed to do business in the State of Utah until December 30, 2006; almost 5 months after this company fictitiously filed a false inter-pleader action against HOlL! 28 Motion for Summary Judgment filed by Pocatello Idaho law firm of Merrill and Merrill in the Utah action prosecuted ex parte while HOlL! was in federal jail as a pre-trial detainee on charges propounded by the Utah litigants 29 Utah County, Utah County Recorder records involving First American Title Insurance Company (emphasis added) just prior to and during the dates HOlLi had a pending escrow with First American Title Insurance Company and bearing the exact address where the escrow was pending 30 Unclaimed property notice sent to HOlL! by First American Title Insurance Company (emphasis added) in September of 2011 and listing monies returned by the Utah County recorder on the escrow transaction at issue and identifying the escrow account number, etc. 31 Administrative order identifying 1000 person Jury Pool for Oneida Co. 32 Pictures taken of Holli's computer screens after return of Holli's computers seized during the August 10, 2011 search. The photographed messages show that members of the ONEIDA County sheriff department used the live-wire program identified during the search warrant hearing to break into Holli's password protected email accounts and impersonated those accounts to fabricate forged documents in Holli's name and to transmit these forged communications to third parties 33 Second demand motion filed by f:l..Gi-Li to ful)d ~ forensic computer expert to retrieve the gutted electrol'lic files located on Holii!;;fcomputers Dated: May 27,2013 3 1 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 39497 HOLLI LUNDAHL TELFORD, ) Boise, February 2013 Term ) Petitioner, ) 2013 Opinion No. 52 ) v. ) Filed: April 23, 2013 ) HON. DAVID C. NYE, ) Stephen W. Kenyon, Clerk ) Respondent. ) Appeal from the District Court of the Sixth Judicial District of the State of Idaho, Oneida County. The order of the District Court is affirmed. Costs on appeal are awarded to Respondent. Holli Lundahl Telford, Malad City, appellant pro se. Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Shasta J. Kilminster-Hadley argued. W. JONES, Justice I. NATURE OF THE CASE This is an appeal of an Administrative Order declaring appellant, Holli Lundahl Telford ("Telford"), a vexatious litigant pursuant to Idaho Court Administrative Rule 59. Telford appeals the order. II. FACTUAL AND PROCEDURAL BACKGROUND On October 11, 2011, Administrative District Judge Nye issued an Administrative Order Declaring Vexatious Litigant ("pre-filing order"). Judge Nye issued this pre-filing order pursuant to Idaho Court Administrative Rule 59. At the time the pre-filing order was issued, there were no proceedings before Judge Nye to which Telford was a party. Judge Nye issued the pre-filing order after receiving requests from several district court and magistrate judges, including District Court Judges Naftz, Dunn, and Brown; and Magistrate Judges Laggis and Evans. The pre-filing order declared Telford a vexatious litigant on the basis that she "has previously been declared to be a vexatious litigant by any federal court of record in any action or proceeding." Telford has been declared vexatious by Utah, Texas, the Federal Ninth Circuit Court of Appeals, the Federal District Court of Idaho, the Federal District Court of Montana, I and the United States Supreme Court. The pre-filing order also found Telford to be a vexatious litigant on the additional basis that she has commenced in Idaho three or more pro se litigations that were determined adversely to her in the past seven years. The pre-filing order found this requirement satisfied merely using cases filed by Telford in the Sixth Judicial District of Idaho. The pre-filing order, pursuant to Rule 59, granted Telford fourteen days in which to file a written response, at which time Judge Nye would determine whether a hearing would be necessary.