By Thomas Hudson, Editor-in-Chief |
In the case of Potter v Holmes a discovery of forgery by Cassaundra Holmes on a document entered into evidence continues to cause fraud upon Fred Potter, a 90 year old Korean War Veteran, and the court.
[The following report, in part, is provided by Veterans March.]
The document in question is known as “The dollar bill of sale”. The document is also mandated by federal law because the forgery was perpetrated on a federal regulated financial instrument. The document is the bases of the Potter v Holmes case and the court has relied upon the document for adjudication in the case.
The forgery is not prosecutable in criminal court due to the statue of limitations. However, due to the forgery fraud is ongoing. In criminal law this discovery is known as “exculpatory evidence.” The same principle also applies in civil cases.
Jack Merle Skinner, Skinner Law Firm of Greenwood, Arkansas is aware of the forensic handwriting expert report that issued the opinion that the signature of Fred Potter on the document is forgery. The detail report (see below) further states that the forgery was by Jack Skinner’s client, Cassaundra Holmes.
Lawyers are professionally and ethically responsible for accuracy in their representations to the court. Rule 3.3 of the Model Rules of Professional Conduct states that lawyers “[a] shall not knowingly . . . make a false statement of fact or law to a court or fail to correct a false statement of material fact or law previously made to the court by the lawyer.”
In addition to the rules of professional conduct and an attorney’s duty of candor as an officer of the court, State and federal rules of civil procedure imposes a duty on attorneys to certify that they have conducted a reasonable inquiry and have determined that any papers filed with the court are well grounded in fact, legally tenable, and not interposed for any improper purpose.
The United States Supreme Court has held that any party who signs a pleading, motion, or other paper—whether the party’s signature is required by the Rule or is provided voluntarily—an affirmative duty to conduct a reasonable inquiry into the facts and the law before filing, and that the applicable standard is one of reasonableness under the circumstances.
An examination of the offender and his duties is important because violations of state and federal rules of civil procedure or even the rules of professional conduct may
In Kupferman v. Consolidated Research & Manufacturing Corp, the court stated that while an attorney “should represent his client with singular loyalty that loyalty obviously does not demand that he act dishonestly or fraudulently; on the contrary his loyalty to the court, as an officer thereof, demands integrity and honest dealing with the court.” And when he departs from that standard in the conduct of a case he perpetrates a fraud upon the court. In other words, “since attorneys are officers of the court, their conduct, if dishonest, would constitute fraud on the court.”
Jack Skinner, Skinner Law Firm, has been aware of the evidence of forgery that continues to perpetrate a fraud upon the court and Fred Potter, the 90 year old victim. With that knowledge, Skinner is obligated to bring forth to the court the evidence of forgery. Judge David H. McCormick, who is aware of the evidence should immediately issue an order to stay and previous court orders by the court and any further proceedings and actions taken against Fred Potter.
The failure by Jack Skinner and even Judge David H. McCormick to not consider the evidence herein stated gives rise to a fraud-on-the-court claim, even if those violations were not specifically directed to the court itself.
Cassaundra Holmes along with her long serving attorney, Jack Skinner, has a long history of filing litigation against family members and former family members in a scheme for financial gain. In the legal circles this is called “pipelining.” That is a scheme were litigants main source of income is through lawsuits filed over the course of years.
Quote displayed on the Skinner Law Firm web site: https://skinnerlawfirmpa.com
“Say not you know another entirely, till you have divided an inheritance with him.”
Upcoming reports will include how Cassaundra Holmes falsified other court evidence and the investigative history of each of her family members.
FORENSIC HANDWRITING REPORT
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