Update On Frank’s State Appellate Status

Posted: August 28, 2010 in Appeals
Tags: , ,
The state’s responding brief to the resentencing argument which has lingered for over five years is due next week on Sept. 2, 2010.
 
After that, Frank’s attorney will most likely ask permission to file a reply brief.  If that permission is granted, that will consume about another month.  After that, the case is set for oral argument, which takes another two or three months.  Then, the case is taken under advisement by the court.  A quick decision, which would most likely only be one affirming the trial court’s rejection of Frank’s claims is not what Frank’s lawyer is hoping for. He’s trying to win a reversal here.  Decisions reversing the trial court are usually not issued for three to six months after argument.  So, we’re still looking at nearly another year before a possible favorable decision from the Court of Appeals and if it’s a reversal we’re looking at another year or more to assemble a new jury for the resentencing.
 
All this time spent over the possibility of parole directly to a federal prison for another conviction Frank has which runs consecutive to his state charges. As I’ve said before, this is holding up his appeal from officially reaching the fed level.
 
 
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Comments
  1. Ex-Salem says:

    It is amazing how much, long, you can be jerked around in the interest of "justice"!

    • R Wright says:

      I thought that I was the one years ago who brought up the subject of the No. Cali thugs and trying to discover what was going on when I think it was Bob Busey who told me first hand, “Tim Natividad was involved in the murder in No. Cali, not the Francke murder which was planned in concert with the murder in No. Cali” – I do not know where Busey is today, but rest assured he has probably been declared “mentally incompetent” as the rest of us who actually witnessed the events that occurred at the time. Dave Hickerson, yes the same Dave Hickerson, sent the word out on the Francke murder when I came on shift at 9AM at Siltec and he was leaving his shift which began at 9 PM the night before. That would be a whole 24 hours before the information became public so they could get their “stories” together. So, just where was he (Hickerson) at around 7? Busey was involved in hiding the weapon at Ned Bakers place on State ST immediately following the murder around 8. They were in the Volkswagen van mentioned. I forget who owned the van. I know more than I would like to about the brown 280Z as well. Although I gave the info to Frank’s attorney wife before his trial! Lewmans niece later offed the weapon at Fall Creek. What about the several crims they let out “on passes” and the crims from Cali, not to mention the “Weekend Warriors” the National Guard had targeted me for. Yeah, let’s ask Dr. Suckow what the real truth is, Louise. Just what makes Louise so damn important I want to know. It appears to me that she works for the Goldschmidt team, etc. You know who they are: Guisto and the rest of the brutes…..Enough is enough. The time has come to call their bluff. I am not stupid nor incompetent and I have proven it. I am an Honor Student at Blue Mountain. So there. I have an important speech I am preparing for Frank Gable. I do not even know where we stand today. I am calling on you now to get this War Machine rolling, not only for Frank Gable, but for the cause of justice for all Oregonians and American citizens. I was present and thoroughly investigating what happened that night. Read these websites, idiots. Hindsight is 20/20. The proof is right here before your eyes. Frank Gable is a sinner, a sinner the same as the rest of us. Who here reading this post is not a sinner? Frank was framed. We are guilty of falsely imprisoning him for the last 20 years or so. Whatever crimes Frank may of committed in his lifetime, he has paid for many times over. I was not aware that Frank had a federal sentence to run consecutively, must of been overlooked on my part for some reason. Did LG ever publish her book? I have not even read John Rundy’s (sic?) book, figured I don’t need to since I lived the experience. I still do not know the whole truth and probably never will. All the same, please send John Kitzhaber a letter reminding him he has a second chance to make this all right again for those of us who have been abused and manipulated by the likes of LG (and the others) who seem to be out to protect their own private interests over the better interests of the general populations.

  2. Rhonda says:

    Last Revised: (Wednesday) March 16, 2011

    Case Information:

    Case No: A134838
    Case Title: Frank Edward Gable v. State of Oregon
    Case Type: Collateral Criminal – Post-Conviction
    Date: 05/24/2011
    Time: 09:00 AM
    Location: Supreme Court Courtroom
    Panel: To Be Determined; To Be Determined; To Be Determined
    Bailiff: Miller
    Submit at Argument:
    Comments:

    • Rhonda says:

      oh, the above from: http://courts.oregon.gov/COA/ retrieved 3/17/2011. I often wonder about the panel to be determined. I am also very concerned about the current status quo of Dale Penn. “The Good Ol Boys” as Bingta called them, you know, those unspoken “organizations”. They are violent and they are very scary. They are still there, stalking us, to shelter themselves from what they have done. They will continue to attack, mutilate and destroy in order to satisfy their own needs for power. Basically, Native Americans in Oregon are still considered to be second class slave citizens. That is how the Oregon Lottery came into existence. How will Dale Penn, now Marion County circuit judge, affect this TBD panel? Who was on the original jury? Is that public information? Just curious. What happens in May? Do we submit names at the website of the true witnesses that are now known today? Who decides what witnesses are to be called. Call Bob Busey and Verna Hensley in. Frank was with Verna the evening of the 17th at the hospital at the coast. there WAS a domestic dispute reported at the hospital. where is it? What about Busey in the VW van disposing of the evidence, then Tami Lewman retrieving it and dumping it at Fall Creek as she claimed? Anybody check these things out besides me? I did from 1989- well, up to now…I know what happened to that brown 280Z because I drove it away from Moose’s at State/Lancaster townhouses and pissed them all off in the summer of 91, PO’d about Frank, a guy I don’t know and have never met to this day. Frank didn’t do it. They wanted all the glory over there in the State/Lancaster neighborhood that McAllister ruled, where Shorty lived there at the time also. Shorty can testify to the truth. That’s all he needs to do. He can quit embellishing the truth like David Hickerson does, or tried to do by intimidating and hurting Siltec employees, such as myself, with the brutal influx of the No. Cali thugs that followed after the Kellotat incident. Thanks.

  3. Julee says:

    can anyone tell me which prison frank is serving his sentence? I am the step mom to his grandchildren and they would like to write him? I have searched florida state and federal inmate locator and his name comes up but says he isn’t in custody????

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