Please note that Judge McMurdie’s failure to provide an explanation of his denial of my Motion to Intervene (Intervenor motion denied in OAH fair trial constitutionality case), which is necessary in order for a Mover to determine the grounds for an appeal, is itself appealable as an abuse of discretion. However, the following letter had to be first delivered to the attention of Judge McMurdie:

 

If I had been permitted to intervene, these facts, discovered subsequent to filing the Motion to Intervene, would have been presented appropriately. Rule 60(c) states that  ”This rule does not limit the power of a court to entertain an independent action to relieve a party from judgment, order . . . or to set aside a judgment for fraud upon the court.”