Case No. 0-0,1 76
`
`IN THE
`SUPREME COURT OF THE UNITED STATES
`
`DELMART E.J.M. VREELAND, II,
`
`Supreme Court, U.S.
`FILED
`
`OCT 0 8 2020
`
`OFFICE OF THE CLERK
`
`Petitioner, Pro Se,
`
`V.
`DAVID ZUPAN: and
`THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
`
`Respondents.
`
`ON FhittiON FOR WRIT OF CERTIORARI TO
`THE UNITED STATES COURT OF APPEALS
`FOR THE TENTH CIRCUIT
`
`MOTION FOR LEAVE TO EXCEED PAGE LIMITS BY THREE PAGES
`ON PETITION FOR WRIT OF CERTIORARI
`AND TO EXPLAIN THE FORMAT OF THE PETITION DUE TO COVID-19 IN THE PRISON SYSTEM
`
`COMES NOW Petitioner, Delmart E.J.M. Vreeland, II, Pro Se, and respectfully
`
`moves the Court for leave to exceed page limits by three pages on Petition for
`
`Writ of Certiorari, and to explain the format of the petition due to COVID-19 in
`
`the prison system, and very briefly states as follows:
`
`Due to COVID-19 the Colored prison system has been shut down since February
`
`2020, more than 500 inmates were taken ill at just one facility. All law library
`
`access is closed, there is no law library, no access to computers or law books for
`
`typing or research. If an inmate does not know the specific statutes he requires
`
`he receives nothing. Not a complaint, just detailing the COVID -19 impact on the
`
`prison.
`
`

`

`This petition was prepared in the 5 days granted after taking three months
`
`just to receive typing paper for the petition.
`
`As it sits, this Petitioner was forced to trial without a lawyer, found NOT
`
`GUILTY, judge entered conviction and a 336 year to life sentence anyway, 16 years
`
`has been served, the judge hid the jury verdict forms from 2006 until he retired
`
`in 2018, and as a result of already completing state and federal appeals,
`
`postconviction, and federal habeas litigations and appeal, Petitioner is now
`
`barred under AEDPA from filing a second habeas application, no state remedy
`
`exists, and as a result this petition is all the Petitioner can file to the Court.
`
`The petition was typed on a 15 year old machine with no editing program, no
`
`law books, no anything. The petition, once complete, was 3 pages over the 40 typed
`
`page limit.
`
`Anyone reading the complete petition, introduiction and statement of the case
`
`in the petition will see it is more than valid and deserving of this Court's
`
`granting review, and that Petitioner did the best he could with what he had
`
`available due to the COVID-19 impact on prison conditions.
`
`WHEREFORE, Petitioner respectfully requests the Court would accept the
`
`petition as
`
`t leave to exceed page limits by 3 pages.
`
`pec
`
`su.•itted this 8th day of October, 2020.
`
`De
`CDOC NO. 143539
`P.O. BOX 777
`Canon City, CO 81215
`
`2
`
`

`

`No.
`
`
`
`IN THE
`
`SUPREME COURT OF THE UNITED STATES
`
`DELMART E.J.M. VREELAND, II — PETITIONER
`(Your Name)
`
`DAVID ZUPAN, ET AL
`
`VS.
`
`— RESPONDENT(S)
`
`MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
`
`The petitioner asks leave to file the attached petition for a writ of certiorari
`without prepayment of costs and to proceed in forma pauperis.
`
`Please check the appropriate boxes:
`
`0 Petitioner has previously been granted leave to proceed in forma pauperis in
`the following court(s):
`10th Circuit Court of Appeal, case 16-1503
`
`10th Circuit Court of Appeals, this case 19-1244
`
`Petitioner has not previously been granted leave to proceed in forma
`pauperis in any other court.
`
`0 Petitioner's affidavit or declaration in support of this motion is attached hereto.
`
`Petitioner's affidavit or declaration is not attached because the court below
`appointed counsel in the current proceeding, and:
`
`The appointment was made under the following provision of law•
`
`
`or
`
`E a copy of the order of appointment is appended.
`
`(Sig
`
`

`

`AFFIDAVIT OR DECLARATION
`IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
`1 Delman. E. J . M. Vreeland, Vam the petitioner in the above-entitled case. In support of
`my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay
`the costs of this case or to give security therefor; and I believe I am entitled to redress.
`
`1. For both you and your spouse estimate the average amount of money received from each of
`the following sources during the past 12 months. Adjust any amount that was received
`weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross
`amounts, that is, amounts before any deductions for taxes or otherwise.
`
`Income source
`
`Average monthly amount during
`the past 12 months
`
`Amount expected
`next month
`
` $
`
`$ (-) $ 4
`$ O $ rig
`$ C) $
`
`$ 1\-4\
`
`$
`
`$
`
`
`
`
`
`Employment
`
`Self-employment
`
`Income from real property
`(such as rental income)
`
`Interest and dividends
`
`Gifts
`
`Alimony
`
`Child Support
`
`Retirement (such as social
`security, pensions,
`annuities, insurance)
`
`Disability (such as social
`security, insurance payments)
`
`Unemployment payments
`
`Public-assistance
`4,
`(such as welfare)
`e)(65°
`Other (specify): \ ,NR7
`
`
`
`You
`$ 0
`
`Spouse
`
`You
`
`$ 1\i`j\
`
`Spouse
`
`$
`17(
`$ T-1 N
`
`$
`
`
`
`a
`
`a
`
`0
`
`C)
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`
`
`$ 0`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Total monthly income:
`
`$
`
`
`
`

`

`2. List your employment history for the past two years, most recent first. (Gross monthly pay
`is before taxes or other deductions.)
`
`Employer
`
`Address
`
`Dates of
`Employment
`
`Gross monthly pay
`
`List your spouse's employment history for the past two years, most recent employer first.
`(Gross monthly pay is before taxes or other deductions.)
`
`Employer
`
`Address
`
`Dates of
`Employment
`
`Gross monthly pay
`
`How much cash do you and your spouse have? $ 2 • Co
`Below, state any money you or your spouse have in bank accounts or in any other financial
`institution.
`
`Type of account (e.g., checking ornigs) Amount you have Amount your spouse has
`soa W AC) e. ACCc
`$ 12-
`
`$
`
`
`
`List the assets, and their values, which you own or your spouse owns. Do not list clothing
`and ordinary household furnishings.
`
`0 Home
`Value
`
`Other real
`Value
`
`0 Motor Vehicle #1
`Year, make & model
`Value
`
`/2-64
`
`0 Motor Vehicle #2
`Year, make & model
`Value
`
`0 Other assets iy A__
`Description
`Value
`
`
`
`
`
`
`
`A
`
`
`
`
`
`

`

`6. State every person, business, or organization owing you or your spouse money, and the
`amount owed.
`Person owing you or
`your spouse money
`
`Amount owed to your spouse
`
`Amount owed to you
`
`7. State the persons who rely on you or your spouse for support.
`instead of names (e.g. "J.S." instead of "John Smith").
`Name
`Relationship
`
`For minor children, list initials
`
`Age
`
`8. Estimate the average monthly expenses of you and your family. Show separately the amounts
`paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or
`annually to show the monthly rate.
`
`You
`
`Your spouse
`
`$
`
`
`
`$
`
`o
`
`Rent or home-mortgage payment
`(include lot rented for mobile home)
`Are real estate taxes included? 0 Yes 0 No
`Is property insurance included? 0 Yes 0 No
`
`Utilities (electricity, heating fuel,
`water, sewer, and telephone)
`
`Home maintenance (repairs and upkeep)
`
`Food
`
`Clothing
`
`Laundry and dry-cleaning
`
`Medical and dental expenses
`
`

`

`Transportation (not including motor vehicle payments) $ 6 $ C
`Recreation, entertainment, newspapers, magazines, etc. $ 0 $ 6
`
`You
`
`Your spouse
`
`Insurance (not deducted from wages or included in mortgage payments)
`
`Homeowner's or renter's
`
`Life
`
`Health
`
`Motor Vehicle
`
`Other:
`
`
`
`$
`
`$
`
`$
`
`$
`
`0
`
` $
`
` $
`
`
`
`6
`
`
`
`6)
`
` $ 0
`
`Taxes (not deducted from wages or included in mortgage payments)
`
`(specify):
`
`
`
`Installment payments
`
`Motor Vehicle
`
`Credit card(s)
`
`Department store(s)
`
`Other:
`
`
`
`Alimony, maintenance, and support paid to others
`
`Regular expenses for operation of business, profession,
`or farm (attach detailed statement)
`
`Other (specify):
`
`
`
`Total monthly expenses:
`
`

`

`9. Do you expect any major changes to your monthly income or expenses or in your assets or
`liabilities during the next 12 months?
`
`Yes
`
`If yes, describe on an attached sheet.
`
`10. Have you paid — or will you be paying — an attorney any money
`q Yes
`with this case, including the completion of this form?
`
`ces in connection
`
`If yes, how much?
`
`
`
`If yes, state the attorney's name, address, and telephone number:
`
`11. Have you paid—or will you be paying—anyone other than an attorney (such as a paralegal or
`a typist) any money for services in connection with this case, including the completion of this
`form?
`
`Yes
`
`If yes, how mu h?
`
`
`
`If yes, state the person's name, address, and telephone number:
`
`12. Provide any other information that will help explain why you cannot pay the costs of this case.
`I have been incarcerated for 16 years for crime jury found me not guilty of,
`because state judge hid jury verdict forms from 2006 until. 2018 when be retired.
`I have lost everything and have no employment.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on: October 08
`
`

`

`Appellate Case: 16-1503 Document: 010110072026 Date Filed: 10/23/2018 Page: 1
`FILED
`United States Court of Appeals
`Tenth Circuit
`
`UNITED STATES COURT OF APPEALS
`
`FOR THE TENTH CIRCUIT
`
`DELMART E.J.M. VREELAND, II,
`
`Petitioner - Appellant,
`
`v.
`
`DAVID ZUPAN, et al.,
`
`Respondents - Appellees.
`
`October 23, 2018
`
`Elisabeth A. Shumaker
`Clerk of Court
`
`No. 16-1503
`
`ORDER
`
`Before BACHARACH, KELLY, and MORITZ, Circuit Judges.
`
`This matter is before the court on Appellant Delmart E.J.M. Vreeland, 11's
`
`"Declaration of Indigency," reporting $102.96 in current assets and requesting that the
`
`court grant the motion filed by attorney Lynn C. Hartfield. Ms. Hartfield filed an
`
`unopposed "Motion to Appoint Retained Appellate Counsel as CJA Counsel for Purposes
`
`of Petition for Rehearing and/or Petition for Writ of Certiorari."
`
`Upon consideration, the declaration is construed as a financial affidavit, and we
`
`find that the interests of justice will be served by appointing counsel for Mr. Vreeland.
`
`See 18 U.S.C. § 3006A(a)(2). Accordingly, the motion to appoint retained appellate
`
`counsel as CJA counsel for purposes of petition for rehearing and/or petition for writ of
`
`certiorari is granted.
`
`

`

`Appellate Case: 16-1503 Document: 010110072026 Date Filed 10/23!2018Page: 2
`
`Attorney Lynn C. Hartfield is appointed as counsel pursuant to the Criminal
`
`Justice Act, 18 U.S.C. § 3006A for purposes of filing a petition for rehearing and/or
`
`petition for writ of certiorari.
`
`Entered for the Court
`ELISABETH A. SHUMAKER, Clerk
`
`by: Lindy Lucero Schaible
`Counsel to the Clerk
`
`2
`
`

`

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`

`

`QUESTIONS PRESENTED
`
`I. PREFACE: Denial of certiorari means Petitioner will die in a Colorado prison
`
`for a crime a jury found him not guilty of - Petitioner was forced to trial
`
`without counsel. Judge and prosecutor engage in misconduct. Jury finds Petitioner
`
`NOT GUILTY of sex assault by force/violence, judge enters conviction and life
`
`sentence anyway, SIXTEEN YEARS has been served thus far. Judge hides jury verdict
`
`forms from 2006 to 2018 when he retires, but until after direct appeal, state
`
`post-conviction and federal habeas corpus had been denied. During federal habeas,
`
`court orders Respondent produce "complete state record", Respondents refuse,
`
`thereby hiding jury verdict forms and proof of exhaustion of claims. Habeas court
`
`ignores discovery violation, dismissed habeas action with prejudice without ever
`
`reviewing the complete record as 28 U.S.C. §§ 2241 and/or 2254 and due process
`
`require. QUESTION: (a) Should the judgment on habeas corpus be void for failure to
`adhere to due process requirements before entering judgment; and/or (b) Should a
`
`Federal Rules of Civil Procedure Rule 60 Motion for Relief from Judgement to re-
`
`open the habeas application be allowed seeing no other state or federal relief is
`
`available to Petitioner as detailed herein?
`
`II. PREFACE: Habeas court orders Respondents produce all state court records and
`
`physical evidence relevant to claims presented in habeas application, Respondents
`
`refuse, and admit in writing after the petition is denied that they never produced
`
`even one sheet of paper. The failure to produce the discovery prevented Petitioner
`
`from fully and fairly presenting his case and proving (i) Petitioner was found not
`
`guilty but sentenced to life in prison anyway, and (ii) all 31 claims in the
`
`habeas action were fully and legally exhausted. QUESTION: Does the admitted
`
`intentional refusal to produce discovery such as jury verdict forms revealing
`
`Petitioner was found not guilty but given a life sentence anyway, and proof of
`
`exhaustion of all claims, represent fraud on Court by Respondents requiring relief
`
`under Federal Rules of Civil Procedure Rule 60(b)(3)?
`
`

`

`PREFACE: Petitioner pays private lawyer to represent him on federal habeas
`
`corpus. That counsel lied to Petitioner, his family and the court, and asserted he
`
`had accessed the state record and found no exhausted claims or jury verdict forms,
`
`lying as he did in order to steal over $150,000.00 from Petitioner's 80 and 85
`
`year old parents. Counsel's lies, hidden and combined by/with Respondents
`
`discovery violations and fraud on court, caused 26 fully exhausted claims to be
`
`dismissed as unekhauted, and prevented Petitioner from providing the federal
`
`habeas court the jury verdict forms revealing Petitioner was found not guilty but
`
`issued a life sentence anyway. QUESTION: Does gross negligence and deception of
`
`counsel require some form of relief under Federal Rules of Civil Procedure Rule
`
`60(b)(3) When no other relief is available?
`
`QUESTION: Based on the circumstances asserted in this petition, does the
`
`"interests of justice" and/or "miscarriage of justice" exception to defaults or
`
`successive habeas application, require the federal courts to grant some form of
`
`relief for Petitioner whom was found not guilty but issued a life sentence anyway,
`
`subjected to quadruple jeopardy, denied counsel at trial, and denied access to the
`
`trial court records and jury verdict forms from 2006 until 2018, until after
`
`direct appeal, state post conviction, and federal habeas corpus had been filed and
`
`denied, thereby creating a bar to any other form of relief?
`
`QUESTION: Did the lower courts error in labeling Petitioner's Motion for
`
`Relief from Judgment and Orders Pursuant to Federal Rules of Civil Procedure Rule
`
`60 (b) and (d), a successive habeas corpus application, and denying relief?
`
`QUESTION: Given circumstances asserted, should original habeas judgement be
`
`voided and/or Petitioner be granted permission to submit Original Action to this
`
`Court and/or a second/successive same claim habeas application to have original
`
`claims, impeded by Respondent refusal to produce discovery, addressed and resolved
`
`on the merits now that the record/evidence has been obtained?
`
`

`

`The only parties to the proceeding are those named in the caption.
`
`PARTIES
`
`iii
`
`

`

`TABLE OF =TENTS
`
`QUESTIONS PRESENTED
`
`PARTIES
`
`INDEX TO APPENDICES
`
`TABLET OF AUTHORITIES
`
`PETITION FOR WRIT OF CERTIORARI
`
`OPINIONS RULING AND PLEADINGS BELOW
`
`JURISDICTION
`
`CONSTITUTIONAL AND STATUTORY PROVISIONS
`
`INTRODUCTION
`
`STATEMENT OF THE CASE
`
`REASONS FOR GRANTING THE PETITION WITH PREFACE
`PREFACE:
`
`iii
`
`vi
`
`vii
`
`1
`
`1
`
`1
`
`2
`
`3
`
`5
`
`28
`
`AFTER FIRST CIMIIIEMI%1116 ECUCWING FACTS; Fetitimer Was Fated lb 'Trial lafrout Camel Basal Cn A
`Later Maitted Lie By The Prceecutar, Bird Not Guilty But Given A Three-Fircked And Thirty-Six (3%)
`Yews To Life Prison Sentence Anyway, By A State Judge tarn Hid The anplete Record Aid Jay Verdict
`Rams In His allab For Over Thirteen (13) Years Until He Retired, Arri Until After Direct Appeal,
`State TbstccnvictacH n And Federal Habeas Orals Had All Been Litigated Artl Darted - Than Ca Habeas
`arms The Respondent Refused To Supply That Record lb The Habeas Onset After Being Crdered lb Co So,
`Petitimer's Habeas Camel Bgaga. I In Gross Negligace, De tiro, And Fran On 11-e Oast And His
`Client Herein Petiticrer, its Habeas Girt lien. Fells To Tale Specific. Actions Die Process Repines In
`Habeas Comas Litigaticn And Disnisses The Appliatim With Prejudice Withrut Bier Obtaird.ng And/Cr
`Reviewing T e omplete State Cart Record I•hich De access Required Review Of Before The Oast Obeid
`Male Merit Based findings Cn Ile Claim &mental, Finally, Wen A Later Filed Fed.R.Civ.P. Rule ED
`(01(d) Motion Fbr Relief &an That Inerrant Was Filed, It Was InixureLly Labeled By The lUo Loser
`Gists As A Seccrd Cr &cceasive &teas Gape Applicatim Basal Solely Cn The RPHPF Repeated, And
`That Denial Left %title= Pb Otter State Cr Federal aurt Relief Available To Him lb Remedy
`Hatitimer's Unabtitutimal Imarceratim, And Witrout Review By this Cart letitimer W 11 Die In
`Prism Fbr A Crime He Was Found Nbt (Inky Of And Otter Error -
` 28
`
`anis calif SEM GRAIsIT REVIEW;
`
`lb Clearly Define In Pb Uncertain Tet71113 Eactly Wet Ile Crcrifir Marlatory DE Process
`Requirerents Am In Habeas Corps acceedirgs Wtich Met Be Omplied With By The Federal Habeas Oart
`Prior lb Enterirg invent;
` 28,29
`lb Clearly Defile lint My Fathre lb Carply lath The Ere Process Repirenents lb Be Defined
`By (A) Abme Cr Any Otters Before Bltedng Judgnent Will Result In Pad Be Rearri lb Set Adze The
`Jaknat As Void;
`28,33
`
`iv
`
`

`

`(c) lb Address Wetter Cr Nbt The Bre Of Justice tad/(r Mistarriaw Of Justice Baltlas lb
`Ftcoadiral Bar Cr ngailt may Be Raised In Aid guild Be ansidEnd In A &deal Rule Of Civil
`arced= Rule ED Notion Rr Rella Ran .boat;
` 28,35
`lb Address dr.Uis Or Not Gross Reigate, Damption Aid Find By Fetitionses Counsel,
`antined With Repadat's Inbantional Artnittal Refusal Tb Orply With 03urt adars lb Prate Ile
`Corplete State Records, Jury Verdict Flute, Aid Physical Mthce Relevant lb Claim, Is Feast lb
`Grant Relief Unix Federal Rules of Civil Rozeire Rule 60; Aid
` 28,39
`7b Address khatta Cr Not Batitin Should Be Granted Leave to File A Sexrd And/Or
`accessive Sate Claim FL es (bus Aglicaticn Now That The Carplete State Court Rends Ard Jury
`*vita Res Have Bean Cbtalnad, Cr Snarl Petitiarr File A Sara Claim Hates Cal Attire
`In This Cast
` 28,40
`
`CONCLUSION
`
` 43
`
`

`

`APPENDICE
`
`INDEX TO APPENDICES
`
`ORDER DENYING PETITION FOR REHEARING USCOA 10th Circuit 19-1244
`
`PETITION FOR REHEARING EN BANC USCOA 10th Circuit 19-1244
`
`ORDER DENYING COA USCOA 10th Circuit 19-1244
`
`OPENING BRIEF ON APPEAL TO USCOA 10th Circuit 19-1244 with Appx. A-1 to A-7
`
`ORDER DENYING FED.R.CIV.P. RULE 60 MOTION, ECF 103 U.S. Dist. Ct., Colorado
`
`FED.R.CIV.P. RULE 60 MOTION, ECF 102, 102-1, 102-2
`
`PASSPORT PHOTO OF PETITIONER
`
`ARREST PHOTO OF PETITIONER
`
`ORDER ON HABEAS CORPUS APPLICATION 14-CV-02175-PABI U.S. Dist. Ct., Colorado
`
`ORDER TO DISMISS AND ANSWER, ECF 46 HABEAS ACTION 14-CV-02175-PAB,
`U.S. Dist. Ct., Colorado
`
`PRE-ANSWER RESPONSE BY STATE, ECF 17, habeas action 14-CV-02175-PAB,
`U.S. Dist. Ct., Colorado
`
`J-1. HABEAS CORPUS APPLICATION, ECF 8, habeas action 14-CV-02175-PAB,
`U.S. Dist. Ct., Colorado
`
`J-2A. STATE COURT DOCUMENT WITH CHARGES AND REJECTING APPEAL BRIEF
`
`J-2B. ORIGINAL STATE COURT APPEAL BRIEF REJECTED BY STATE COURT OF APPEALS
`CASE 08CA2468
`
`REVISED STATE COURT APPEAL OPENING BRIEF WITH 21 CLAIMS CUT IN STATE
`APPEAL 08CA2468
`
`PETITION FOR CERT TO STATE OF COLORADO SUPREME COURT
`DENIAL AND MANDATE CERT NUMBER 20135C194
`
`ARTICLE RE ARREST OF ARRESTING OFFICER ON FELONY SEX ASSAULT ON CHILD CHARGES
`
`ARTICLE REGARDING STATE JUDGE(S) SEALING ARREST RECORDS OF ARRESTING OFFICERS
`ARREST AND CHARGES TO STOP CONVICTIONS FROM BEING VACATED ON CASES HE PLANTED
`EVIDENCE IN
`
`PAGE 12 OF STATE APPEAL BRIEF APPEAL 16-1503 TO USCOA 10th Circuit.
`
`vi.
`
`

`

`TABLE OF AUTHORITIES
`
`CASES
`
`Supreme Court Cases
`Amadeo V. Zant, 486 U.S. 214,221 (1988)
`Christopher v: Harbury, 536 U.S. 403,415,n.12, 122 S. Ct. 2179 (2002)
`Colemaqn v. Thompson, 501 U.S. 722, 750 (1991)
`Engle v. Issac, 456 U.S. at 135
`Gonzales v. Crosby, 545 U.S. 524 (2005)
`Herrer v. Collins, 506 U.S. 390,404 (1993)
`House v. Bell, 547 U.S. 214,221 (1988)
`klapprott v. U.S. 335 U.S. 601 (1949)
`Lopez v. Douglas, 141 F.3d 974 (1998)
`Murray v. Carrier, 477 U.S. 478 (1986)
`Sawyer v. Whitley, 505 U.S. 333 (1992)
`Schlup v. Delo, 513 U.S. at 321
`Constitutional Provisions
`U.S. Const, Amends. 1, 5, 6, 14
`Federal Statutes
`28 U.S.C. §§ 1291, 1254, 2241, 2253, 2254
`Federal Rules
`Fed.R.Civ.P. 60
`Rules Governing 2254 cases 1 through 12
`State Statute
`Crim. P. 16 Part II(d)
`C.A.R. 26(g)(3)
`C.R.S. §18-3-402(1)(a)(4)(a)
`C.R.S. §18-3-404
`Other Sources
`AEDPA Pub. L. 104-132, 110 Stat. 1214 (1996)
`
`36
`2
`36
`36
`38
`36
`36
`33
`39
`36,37
`37
`37
`
`2
`
`1,1,2,30
`
`11
`17
`41
`41
`
`29
`
`1,1,2,3,4,24,26,35,39
`30
`
`vii
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`

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`PETITION FOR WRIT OF CERTIORARI
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`Petitioner, Delmart E.J.M. Vreeland, II, Pro Se, respectfully petitions for a
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`writ of certiorari in this case to review the Order of the United States Court of
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`Appeals for the Tenth Circuit in Vreland v. Zupan, 10th Circuit Court of Appeal
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`number 19-1244, D.C. No. 1:14-CV-02175-PAB, D. Colorado, Denying Certificate of
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`Appealability on Motion for Relief from Judgment and Orders Pursuant to Federal
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`Rules of Civil Procedure Rule 60 (b) and (d) in habeas corpus application.
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`OPINIONS RULINGS AND PLEADINGS BELOW
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`Not being sure of what is and is not published Petitioner attaches everything
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`relevant. United States Court of Appeals Tenth Circuit denial of Petition for
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`Rehearing, APP. A; Petition for Rehearing, APP. B; Denial of Certificate of
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`Appealability on Appeal of Denial of Motion foi Relief from Judgment and Orders
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`Pursuant to Federal Rules of Civil Procedure Rule 60 (b) and (d) in United State
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`Court of Appeals Tenth Circuit appeal number 19-1244, APP. C; Opening Brief on
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`Appeal of Denial of Motion for Relief from Judgment and Orders Pursuant to Federal
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`Rules of Civil Procedure Rule 60 (b) and (d) by U.S. District Court, Denver,
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`Colorado in 28 U.S.C. § 2254 habeas corpus application Vreeland v. Zupan, 14-CV-
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`02175-PAB, APP. E; Motion for Relief from Judgment and Orders Pursuant to Federal
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`Rules of Civil Procedure Rule 60 (b) and (d), APP. F; Original ruling on habeas
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`corpus application in habeas case 14-CV-02175-PAB, APP. G; U.S. District Court,
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`Denver, Colorado ORDER Number 46 in habeas application number 14-CV-02175-PAB,
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`APP. H; State of Colorado Pre-Answer Response to habeas application 14-CV-02175-
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`PAB, APP. I; Original Habeas Corpus application 14-CV-02175-PAB, and Relevant
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`State of Colorado state court documents, APP. J.
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`JURISDICTION
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`The Tenth Circuit Court of Appeals issued its original opinion on January 24,
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`2020. App. C. The timely motion for enlargement of time to submit petition for
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`1
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`rehearing was filed on February 3, 2020, and granted. Petition for En Banc
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`Rehearing was filed on April 7, 2020. APP. B. The Tenth Circuit denied petition
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`for rehearing on May 11, 2020. APP. A. On March 19, 2020 this Court issued an
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`ORDER that the deadline to file petitions for writ of certiorari due on or after
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`the date of the order was extended to 150 days from the date of the lower court
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`judgment, order denying discretionary review, or order denying a timely petition
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`for rehearing. This petition is due on or before October 8th, 2020.
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`The United States District Court for the District of Colorado had
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`jurisdiction pursuant to 28 U.S.C. § 2254(d) and Fed.R.Civ.P. Rule 60; the Tenth
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`Circuit Court of Appeals had jurisdiction pursuant to 28 U.S.C. § 1291 and
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`2253(a); and this Court has jurisdiction under 28 U.S.C. § 1254(1).
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`CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
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`Note: The prison law library has informed that appending statutes and
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`constitutional provisions somehow violates prison policy and copyright laws and is
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`banned at this prison, so Vreeland may only cite to them.
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`The right of access to courts. Despite its importance, the courts are not too
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`clear about where this right comes from; they have cited the Privileges and
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`Immunities Clause of Article IV of the Constitution; the First Amendment Petition
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`Clause, the Fifth Amendment Due Process Clause, and the Fourteenth Amendment Equal
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`Protection and Due Process Clauses. See, e.g., Christopher v. Harbury, 536 U.S.
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`403, 415, n.12, 122 S. Ct . 2179 (2002);
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`The Sixth Amendment to the Constitution provides in part that in all criminal
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`prosecutions, the accused shall enjoy the right to ... have the assistance of
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`cousnel for his defense. U.S. Const. Amend. VI;
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`The Due Process Clause prohibits governments from depriving citizens of life,
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`liberty or property without due process of law. U.S. Const. Amends. V, XIV;
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`28 U.S.C. §§ 2241 and 2254;
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`2
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`

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`Rules governing section 2254 cases in the United States District Courts,
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`Riles 1 through 12;
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`Federal Rules of Civil Procedure Rule 60(b) and (d).
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`INTRODUCTION
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`This petition calls on the Court to clarify What path a criminal defendant is
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`to take when he is barred from all state and federal relief but discovers jury
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`verdict forms revealing he was found NOT GUILTY of the crime charged, but issued a
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`life sentence anyway and the court hides the jury verdict forms for over 13 years.
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`According to the state courts, U.S. District Court, Colorado, and U.S. Court
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`of Appeals for the 10th Circuit, there is no relief available for Vreeland under
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`his circumstances unless it comes from or at the direction of this Court.
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`Petitioner, whom was forced to jury trial without a lawyer, is currently
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`serving life without parole, the actual sentence is three-hundred and thirty-six
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`years to life, possible parole release date, October 2144, so life without.
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`The sentence is based on enhancing sentence statutes due to a sex assault
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`overcome victims will by application of force and/or violence charge.
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`The record now obtained after serving sixteen years in prison reveals the
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`jury found Petitioner NOT GUILTY of the enhancer, NOT GUILTY of sex assault by
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`force or violence, but because Petitioner was being tried without a lawyer against
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`his will, the jute and prosecutor whom Petitioner sued in federal court prior to
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`trial, manipulated the system, entered judgment of conviction on sex assault
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`force/violence, entered 4 convictions for same one charge, issued a 336 year to
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`life sentence, hid the jury verdict forms and state records from 2006 until 2018
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`When he retired, even denying full records for appeals.
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`Petitioner learns this in 2018, but paid lawyers figured it out and said
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`nothing in effort to steal over $150,000.00 from Petitioner and his parents.
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`The problem here is that prior to finding the complete record almost thirteen
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`3
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`years after it was hidden, Petitioner had already exhausted his direct appeal,
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`state post conviction and federal habeas corpus opportunities and is now barred by
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`28 U.S.C. § 2254 from filing a second/successive habeas application, and the state
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`court can offer no relief under any rule.
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`Petitioner, being served the complete record years after the fact, not
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`wanting to file a Rule 60 motion and mess it up, requested counsel be appointed to
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`do it right so it would not be considered a second/successive habeas application,
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`Petitioner was denied counsel and told to do it pro se.
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`Petitioner attempted a pro se Fed.R.Civ.P. Rule 60 motion for relief from
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`judgment in the habeas court as soon as the judge would accept a pro se pleading.
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`The court ruled the Rule 60 motion, due to the relief requested, was a
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`second/successive habeas application, was not timely, and he denied it.
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`Petitioner appealed to the USCOA 10th Circuit. The USCOA denied certificate
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`of appealability and appeal and asserted the Rule 60 motion was in fact a
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`second/successive habeas application as presented, refused to address the issues
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`at all. The three appeal judges implied an application for permission to file a
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`second/successive habeas application was required.
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`Petitioner filed the application for permission to file a second/successive
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`habeas application to USCOA 10th Circuit, three different judges deny it.
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`Due to games, gross negligence and deception by private counsel and state
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`actors, Petitioner, whom was found NOT GUILTY but given a life sentence anyway,
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`has ZERO state or federal court process available to him, he now has only two
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`forms of relief available to him, (1) Petition for Writ of Certiorari to this
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`Court; and/or (2) Petition for Original Action / Habeas Corpus to this Court.
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`Without relief from this Court Petitioner will die in prison for crime he was
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`found not guilty of, due to procedural bars and habeas rules Petitioner doesn't
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`know how to navigate, and for which appointment of counsel was denied.
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`4
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`An easy legal remedy to this injustice would be for this Court to declare the
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`original habeas corpus judgment VOID on due process grounds for Respondents'
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`refusal to produce the state records, and the court's failure to take specific
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`actions due process requires prior to entering judgment, i.e., obtaining and
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`reviewing the state
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`record and evidence in
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`support of claims asserted, before
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`judgment.
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`Alternatively, allowing a same
`claim second/successive habeas application
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`would also do the job. Its no longer about Petitioner being entitled to relief,
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`rather, its simply about finding an avenue to obtain relief.
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`STATEMENT OF THE CASE
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`State Court Proceedings
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`The state court history is extremely relevant to questions presented so it
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`will have some detail to it: Petitioner, "Vreeland", is in Colorado on vacation
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`with roommate, Osmond, two teen-age gang members posing as adult non-gang-members
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`attended a vacation-rental-home-party. Accuser NM, unknown to Vreeland a teenage
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`gang member, whom was on felony probation, had warrants for his arrest, was facing
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`48 years in prison if convicted for robbery of the vacation rental, had a long
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`violent criminal record, was even arrested for attempted murder of his own mother.
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`(See APP. D, Opening Brief to 10th Cir. USCOA, at Appendix A-7 for criminal
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`history).
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`NM and JR rob the vacation rental when Vreeland was not there and stole 76
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`fifty dollar bills and tens of thousands of dollars of other items. (See APP.
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`D,p.10,93). When Vreeland cofronted NM and JR about the theft, NM and JR ran to
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`police and reported a sex assault, gay porno for cash, and asserted all this took
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`place between 11:30 pm 10/3/2004, and 2:45 am on 10/4/2004.
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`Police obtain a search warrant to "search the vacation rental for evidence of
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`any form of criminal activity", a general sarth warrant.
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`5
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`(State refuses to grant access to warrant for this petition). The search
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`takes place 10/15/2004, Vreeland and his roommate are arrests, police assert no
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`evidence of criminal activity was found in home, but seize all vacation cameras,
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`film, and computers. Police notes say the computers were shutoff and seized at
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`exactly 1633 HRS on 10/15/2004. See APP. F, ECF 102-1,p.58, relevance show below.
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`Vreeland is charged with various sexually related acts, See App. J-2A,p.1 of
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`1, the most serious being COUNT 9, sex assault overcome victim "NM's" will by
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`force/violence.
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`Vreeland is held without bail and while in jail police illegally record and
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`listen to all attorney client telephone calls, revealed at APP. F, ECF 102-1,p.12
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`for 7 CDs, and p. 13 for 23 CDs, 9,850 recordings in all.
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`Eleven-days before jury trial Vreeland's lawyer, a long time friend of the
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`judge, informed Vreeland he had yet to talk to even one witness and required a
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`speedy trial waiver, Vreeland objected and said he had a year to call witnesses
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`and as speedy trial was already violated Vreeland would not waive. The lawyer said
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`he was asking the court to delay trial anyway, and he hung up. One day later the
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`trial judge denied the request to delay trial as Vreeland would not waive speedy
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`trial. Vreeland's lawyer, on law enforcement recorded telephone call, again,
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`asserted he was now going to try the case and call no witnesses on Vreeland's
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`behalf, Vreeland objected and stated he would not allow it. The lawyer then said
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`to Vreeland on a re