M.O.W.C.A.

Yesterday, 01/20/2009 a hearing was held in the District Court with Judge Jimm Larry Hendren presiding. This hearing addressed the issue of Wayne’s financial condition and whether he should be granted status as In Forma Pauperis.

Quentin Rhoades represented Wayne Fincher pro bono.

Wendy Johnson appeared for the Government.

The burden of proof lies with Wayne.

Quentin Rhoades called three witnesses:

Wayne Fincher

Linda Fincher

Paul Davis

The hearing lasted from 0900 hrs to about 1145 hrs (all times CST)

Per pre-hearing agreement, Quentin has 10 days to file a brief in support of Wayne’s IFP status in lieu of oral arguments. The Government has 10 days to respond, and Judge Hendren will then rule. Thus, we cannot expect a ruling before mid to late February.

We do already know that Judge Hendren is NOT disposed to grant Wayne IFP status. However, as always, the outcome is in the hands of God.

On Tuesday, 20 January, 2009 Wayne appears before Federal District Court, Western District of Arkansas, Chief Judge, Jimm Larry Hendren for further hearings into Wayne’s In Forma Pauperis status.

At issue here are several items:

• Whether the charge that Wayne “gamed the court” as Judge Hendren believes, is true.
• Whether Wayne has sufficient resources to actually afford an attorney.
• What the actual legal status of Wayne’s 120 acres of property is.
• Whether the appraisal performed by Tom Reed & Associates is worth the paper it is printed on.
• Whether Wayne’s court-appointed attorney, at the time of his sentencing, actually did her job.
• Whether the mortgage secured bond of $100,000 for Wayne’s Release Pending Self-Report, was actually a valid instrument.

The Hearing is scheduled to start at 9:00 CST, on Tuesday, 20 January, in the Federal District Courtroom, 5th floor, at the John Paul Hammerschmidt building in Fayetteville, AR.