Issue Two
Whether the lower Federal and State courts erred by denying and depriving the Plaintiff/Appellant of adequate, meaningful, and effective access to the courts

Issue Three
Whether the lower Federal and State courts erred by denying and depriving the Plaintiff/Appellant of Habeas Corpus relief

Issue Four
Whether the lower Federal court erred by denying and depriving the Plaintiff/Appellant of Default Judgment

Issue Five
Whether the lower Federal court erred by denying and depriving the Plaintiff/Appellant of Preliminary Injunction relief

Issue Six
Whether the lower Federal court erred by denying and depriving the Plaintiff/Appellant of Declaratory Judgment

Vipperman was taken to a hospital whereat his blood was forcibly extracted from him by a nurse, while he was restrained by the two arresting police officers.   One of whom's name was Dallas Kinney: (Note spelling).
The white arresting officer:
  

Vipperman was then incarcerated in the Las Vegas City Jail.  Two days later Vipperman was finally informed of why he had been arrested and incarcerated, by an attorney Ray Sutton, whom Vipperman had an appointment with that coming Monday to dissolve the partnership between Vipperman and Parquette.  Who further informed Vipperman that there was nothing to be concerned about because he had checked the records, and found the police had absolutely nothing against him, and he, the attorney would have Vipperman out of jail Monday morning.  Sunday being Easter.
  

Vipperman's nephew had just gotten to Las Vegas and found that Vipperman had been arrested and charged with open murder.  Who then contacted Vipperman's brothers in Michigan.  Who flew to Las Vegas and hired Harry Eugene Claiborne to represent Vipperman. 

They paid Harry E. Claiborne the sum of about $6,500.00 to defend Vipperman and to represent him at a Preliminary Hearing, which was required by Nevada law within 30 days after arrest.   And [if] Vipperman was bound over for trial, they were to pay Claiborne an additional $6,500.00 to represent Vipperman at trial.  Which Nevada law required a quick and speedy trial within 90 days after arrest.
  

Harry Eugene Claiborne, pursuant to absolute greed, for the egregious purposes of obtaining the additional $6,500.00 from Vipperman's family [if] Vipperman was bound over for trial, allowed the State of Nevada to deny and deprive Vipperman of a timely State required Preliminary hearing for six (6) months while Vipperman remained illegally and unconstitutionally incarcerated in the Clark County Jail.  Record On Appeal (ROA pp. 294-296).  While Harry E. Claiborne was acting in collusion and conspiracy with prosecutors, to allow them time to come up with a 100% false alleged eye witness, one David Allan McPeake.  Which is common pace in Las Vegas, Nevada: For there never has been a trial in the State Of Nevada, wherein the State did [not] present false witnesses they made "deals" with, and subornated to commit perjury against an accused.
  

During a clandestine Preliminary Hearing held on Sept.5, 1973, (ROA pp. 298-301) the State's subornated traveling professional Pathologist John Wallace Graham testified as to the cause of death of William Parquette that;
  

"Cause of death was due to the loss of blood in the left chest and abdomen, which resulted from the multiple  perforations of the left lung and spleen."  
     (ROA p.  300 L's 8-10).
  

   And John Wallace Graham's blatantly false and  fabricated Autopsy Report from the California Toxicology Service, Inc.,Los Angeles, California, shows that;
  

"II.  Non-penetrating shotgun wound left forearm and abdomen."   And;
   "2.  There is a 1 ½ " round non-penetrating shotgun wound of the left lower abdominal quadrant with
          an irregular scalloped border. * * *
          There is an associated shotgun pellet injury on the lateral aspect of he left thigh comprising of 10 to
          12 pellet wounds."  (ROA pp. 302-303).

Harry E. Claiborne, at the Preliminary Hearing, had in his possession, in his hands, police department photographs of the Scene Of The Crime and Autopsy photographs and Report that proved far-far beyond any type of reasonable doubt, that both John Wallace Graham and David Allan McPeake were both false witnesses, committing blatant perjury for the State, who had been subornated to commit perjury by police and prosecutors.

For the court records and photographs now in the possession of the Ninth Circuit Court Of Appeals overwhelmingly prove far beyond any type of doubt, that William Parquette was shot point blank from less than six inches away, and the shot crossed the top of his left forearm tearing out a one inch chunk of flesh, and directly into his abdomen and completely through the outer walls and into the interior of his stomach.  Which was the [death shot].   And a second shot was fired from many more feet away, which struck him in his left side, left arm, and left thigh.  Which could not have possibly caused death.   Thereby proving far beyond doubt that [all] of David Allan McPeake's testimony was blatantly false, and subornated by police and prosecutors.

Following the farce, sham, and pretense of the Preliminary Hearing, Harry E. Claiborne received the additional $6,500.00 from Vipperman's family to represent Vipperman at trial, and he then completely and totally deserted Vipperman.  And left  him to remain illegally and unconstitutionally incarcerated in the Clark County Jail for another year and a half (1 ½ years).
  

Harry E. Claiborne then assuming that no man could endure the Clark County Jail for two years (2 years) without breaking, made a "Deal" with the outgoing corrupt District Attorney Roy Wolfter who had just lost reelection, to have Vipperman confess to Second Degree Murder.  And he had not even bothered to discuss same with Vipperman.  When Claiborne informed Vipperman that [he] had made a deal to have Vipperman confess to murder, Vipperman refused same.  Harry E. Claiborne then threatened Vipperman that if Vipperman did not take the "Deal", that he would no longer represent Vipperman before the court.  Vipperman then fired Harry E. Claiborne.
  

Vipperman then hired alleged attorney Jeffrey D. Sobel to represent him at trail.  And was only allowed sixty (60) days to piece together a defense which had laid dormant for two long years and had never been investigated by Harry E. Claiborne.  Even though Vipperman had by absolute accident and fate, came across indisputable exculpatory evidence which proved Vipperman had been framed for murder by the Las Vegas Police, and the Clark County District Attorney's Office, and had furnished same to Harry E. Claiborne.   Which Claiborne had absolutely ignored and covered-up.
  
   There have been two (2) different trials in his horrendous miscarriage of justice case.  The first farce, sham, pretense, and mockery of justice trial was reversed by the Nevada Supreme Court on direct appeal.

Vipperman vs. State,547 P.2d 683 (NV. Sp. Ct. 1976).  (ROA pp. 526-528).

During the first trial in 1975, a Norman Finley Patchell testified that a Jack Heath, (Parquette's secret partner) had confess to him, Patchell, that he, "Jack Heath, a woman named Carol, and a body shop man murdered the victim William Parquette, and framed Vipperman."   (ROA pp. 379-395).  And Police Officer Ted Veach had to be subpoenaed from out of state as a hostile witness to corroborate parts of Norman Patchell's testimony.   (ROA pp. 396-402).
  

Nancy Parker testified to the facts that she was walking past the car lot at the time and place the crime took place, when she heard two (2) shots, with "just a grunt in between".  She became scared and began running home which was just around the corner on the next street.  When she came to the alley behind the car lot, she stopped and looked down the alley and saw a very big 6' 4" or 6' 5" black man (Vipperman is slight and white) with a "big gun" in his hands walking away from the back gate of the car lot where the crime took place, get into a car, and drive  right past her.  She then ran home and told her mother Dorothy Blosser, and her brother James Blosser, what she had seen and heard.  And then she telephoned the police.  The police came to their home minutes later and they all gave the police a full report of what had happened. And that police report was later destroyed by police and prosecutors in blatant violation of Nevada Revised Statute (N.R.S. 199.412) which prohibits the Destroying of evidence. And Nancy Parker and her mother Dorothy Blosser, and brother James Blosser, were [never] contacted by the police again.  (ROA pp. 404-412).
  

Following Nancy Parker's trial testimony, the police and prosecutors arrested her, held  her in jail incommunicado so she could not be found by defense trail attorney, while police officer Chuck Lee threatened her all evening and night to change her testimony.  But, she refused: So, police officer Chuck Gates then took the stand the following morning and committed blatant perjury for the prosecutors by testifying that Nancy Parker had recanted her testimony to him.  Which Nancy Parker vehemently denied doing.  (ROA pp. 413-416).

Some years later the despicable police officer Chuck Lee was caught in an illegal wire tapping case with the infamous Harry E. Claiborne, Vipperman's original alleged defense attorney in this abominable case, and was discharged from the Las Vegas Police Department.  (ROA p. 417).  And currently owns and operates a brothel in Pahrump, Nevada, close to Las Vegas.
   

Dorothy Blosser, mother of Nancy Parker, corroborated all of Nancy Parker's testimony.  (ROA pp. 418-423).
  

James Blosser, brother of Nancy Parker was scheduled to testify and corroborate Nancy Parker's testimony at trial, but the police and prosecutors threatened him to the effect that if he showed up at court to testify, that they in turn would trump up charges against him that would lead to his incarceration.  Which caused James Blosser to be afraid to testify for the defense.  (ROA p. 424 L's 30-32, p. 425 L's 1-6).  In blatant violation of the State's Laws of Obstruction Of Justice, and preventing or dissuading witnesses from attending.  (NRS 199.230).  And Coercion (NRS 207.190).
  

Tommy Martin was just outside the courtroom ready to testify for the defense that his mother had informed him all about Nancy Parker hearing the two shots, seeing the big black man in the alley with a "big gun" in his hands.  And Nancy and her mother Dorothy Blosser and brother James Blosser originally contacting the police the night of the crime, what they told police, and never  being contacted again by the police.  Martin was arrested in the presence of the recessed jury, slammed around the hallway, hand cuffed, falsely and loudly accused of attempting to bribe a witness, and incarcerated incommunicado so he could not be found by the defense to testify.  And later being released from incarceration [after] the trial was over, and it was too late for him to testify.  And [no] charges were ever filed against Martin.  (ROA p. 426 L. 32, p. 427 L's 1-8).  In blatant violation of NRS 199.230 supra.
   

Robert Davis Jr. was able, available, and willing to testify to the facts that the State's known to them to be false witness David Allan McPeake had came to his apartment shortly after Parquette's death, and informed him that very night that  he, McPeake, did not see who had shot Parquette, or know who had shot Parquette.  (ROA p. 403).  And ineffective trial/appeal counsel Jeffrey D. Sobel while acting in collusion and conspiracy  with police, prosecutors, and trial judge,  failed and otherwise refused to bring Robert Davis Jr. forward to testify for the defense.
  

Vipperman testified at great length in his own defense in both trials, and informed the jury that he personally went to the Las Vegas Police and informed them that William Parquette was dealing in stolen cars.  He further telephoned the Department Of Motor Vehicles, and the Federal Bureau Of Investigation (F.B.I.) and informed both of those offices that Parquette was dealing in stolen cars.  The F.B.I. and D.M.V. both caught Parquette, Jack Heath, Carol Smith, and David Allan McPeake [all] dealing in stolen cars.  Parquette then threatened Vipperman to the effect that he knew it was Vipperman that had turned him into the authorities, and the only thing Vipperman was going to get out of the partnership "was a face full of desert": Which in Las Vegas simply meant, he was going to kill Vipperman or have Vipperman killed, and discarded into the desert.  (ROA pp. 431-449).
  

When Parquette was killed, the F.B.I. and D.M.V. turned the case over to the Las Vegas Police.
   When Vipperman attempted to corroborate his testimony with Agents from the F.B.I., D.M.V., and Police Department Records Clerk who brought with her the records the police had on file concerning the stolen car racket Parquette, Heath, Smith, and McPeake were all four together involved in.  And the official records of the stolen cars they had found in their possession at their places of residence and places of business.   The biased and prejudiced trial judge wile acting in collusion and conspiracy with police and prosecutors, denied and deprived Vipperman of allowing his defense witnesses from the F.B.I., D.M.V., and Police Records Clerk, to testify in his behalf for the defense.  (ROA pp. 450-468). Which was the exact tool that the police and prosecutors used to coerce and subnorate false information and perjurious testimonies from the state's three false witnesses, David McPeak, Jack Heath, and Carol Smith. By threatening them to the effect that if they did not cooperate and aid them in convicting Vipperman, that they, the police and prosecutors would charge and prosecute them for the murder of Parquette, and the stolen car racket they were in with Parquette. And the despicable and overwhelmingly corrupt trial judge Carl J. Christensen, further allowed the prosecutors to blatantly lie and falsely represent to the jurors during summation, that those witnesses never existed in the first instance.  That they were only a figment of Vipperman's imagination like everything else he had testified to.  Otherwise, they would have came forward and testified.  Thereby making Vipperman appear to be untruthful in the eyes and minds of the jury.
  

The corrupt, biased and prejudiced trial judge Carl J. Christensen further, but not conclusive of, while acting in collusion and conspiracy with prosecutors and police, wilfully, wantonly, maliciously, illegally, and unconstitutionally impeached the entire testimonies of Norman Patchell and Nancy Parker, and Ordered the jury to disregard their entire testimonies.
  

In between Vipperman's two farce, pretense, and mockery of justice trials, the police and prosecutors [again] threatened  Vipperman's defense witnesses to prevent them from coming forward and testifying for the defense.  And ineffective trial/appeal counsel Jeffrey D. Sobel refused and failed to issue compulsory process to compel their attendance, and thereby turned Vipperman's second trial into a blatant farce, sham, pretense, and mockery of justice by not presenting a single crucial witnesses for the defense.  (ROA pp. 488-498).  And further and additionally, pursuant to his collusion and conspiracy with police, prosecutors, and despicable trial judge, failed and refused to bring to the attention of the Nevada Supreme Court on two direct appeals, the horrendous, illegal, and unconstitutional acts and actions of police, prosecutors, and trial judge, that denied and deprived Vipperman of his liberty, property, and fair trials.  In blatant disregard for Vipperman's constitutional rights of due process and the equal protection of the laws, both state and federal.        


   The Nevada Department Of Parole And Probation failed and otherwise refused to investigate any portion of Vipperman's history, character, and good reputation in the business and the community.  (ROA pp. 476-487).  And chose instead to act pursuant to its standard illegal, and unconstitutional, customs, practices, policies, and procedures.   In concert and collusion with police, prosecutors, and judges of Las Vegas, Nevada.  
  

A Department Of Parole And Probation officer, Willard B. Allen, appeared at the Clark County Jail shortly after Vipperman's first conviction, and questioned Vipperman.  He went along asking questions until Vipperman got to the part of his life that he went into business with William Parquette.  Willard B. Allen then shocked Vipperman by stating; "And that was the man you murdered".  When Vipperman denied the killing of William Parquette, Willard B. Allen then stated;   "You know, if you don't confess to this murder, [we] will recommend the maximum sentence, and you will never get out of prison:"
  

Vipperman's attorney Jeffrey D. Sobel had already informed Vipperman that the Agent, and the Department Of Parole And Probation had already been informed by him that Vipperman was taking an Appeal. Therefore the Department Of Parole And Probation were [not] to discuss the case with Vipperman during his pre sentence hearing.  (ROA pp. 523-526).
  

Nevertheless; because Vipperman would not confess to the crime he had been framed for, the Nevada Department Of Parole And Probation, while acting in concert and collusion with police, prosecutors, and trial judge, maliciously, illegally, and unconstitutionally, submitted to the trial judge, a Pre Sentence Report, which contained known to the Department Of Parole And Probation, blatantly false information.  And maliciously recommended a maxim sentence for Vipperman because he would not confess to the crime, and thereby clean-
up all the horrendous illegal and unconstitutional acts and actions of their concerts and cohorts of the police, prosecutors, court, and judges.
   

As shown above, the State's known to them to be false, and subornated traveling professional testifying alleged pathologist John Wallace Graham, testified at Vipperman's Preliminary Hearing on September 5, 1973, as to cause of death that;
  

"Cause of death was due to the loss of blood in the left
     chest and abdomen, which resulted from multiple perforations of the left lung and spleen."
     ROA p. 300 L's 8-10).

   The Department Of Parole And Probation's Pre-Sentence Report on page 7, states;
  

"The * * * Preliminary Hearing transcript reflects that  * * * Dr. Graham's statement that death was caused by               the wound that entered the victim's back."
   "(1).  The offense was committed by design."
   "(3).  The fatal shot was fired into the victim's back while he was attempting to flee."
   "The Department Of Parole And Probation is of the opinion that there are no facts know to them that                would tend to support a recommendation other than
    the maximum penalty."

                                             Signed ___________________
                                          Willard B. Allen, Officer
                                          Adult Parole And Probation
                                                                                 District # 4, Las Vegas, Nevada                                               (ROA p. 522).