Judge_The_Bench's profileRE-Polk's spacePhotosBlogListsMore  |  Tools Help |
RE-Polk's space |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
March 04 Laura Smith Case - please don't e-mail or call her attorney!Subject: Re: Re: URGENT!!!!! Laura Smith Case I am going to repeat myself a lot in here: Regarding: "appearance of impropriety" and "actual bias".
Miranda will be given for you to sign, reserve your rights on this instrument by not becoming in personam at Rule 12 (b). Do not give up your personam to "power of attorney" because you waive rights with each admission or tacit response answered by "persons standing in your stead," which makes you in personam for accepting this "benefit." Remain SILENT and the reservation will command you to Justice.
Why do we even harp about how hard Attorneys are working... If a man was stomping hard over and over yelling at the mountain in front of him yet not stepping forward we would say he was an ineffective mountain climber doing aerobics to the detriment of his bones. Now if a farmer went out and planted all his seeds in the riverbed during a drout we would not call his garden a future oasis even if he worked and worked at delicately lining 200 miles of the sandy bottom, we would not call him effective or expect a harvest, or would we? So? what of all the hard work... So...? Witnesses. Person of Unsound Mind May Be Competent
The Virginia Law Register, New Series, Vol. 13, No. 12 (Apr., 1928), p. 766 doi:10.2307/1107782 Imperfect fit between non crime and juresdiction of the culpability call needing a grand jury indictment for matters in which the State of (Inc.) seek the Equivalent of the Death penalty, Termination of Parental Rights, not a matter at common law...unlike in an insurance claim where only the Interests of the banking system in protected the Interested party in fact (State of (Inc))...budget and the dollar sign is protected and all those directly benefitting when the cash register rings is common but not subject to the common law...This is Treason...
Suicide continues to be a recognized as a crime by common law in a few states. In those jurisdictions, the beneficiary of a claim must prove that the individual who attempted or committed suicide was of unsound mind, to avoid having the patient's act declared illegal, which would bar recovery of the claim. In malpractice and insurance cases, expert testimony is required regarding the mental state of the individual who attempted or committed suicide. Psychiatric testimony varies widely, depending on the legal definition of "unsound mind" and the highly subjective interpretation of legal definitions. Some experts equate suicide with an unsound mind, whereas others apply M'Naghten
criteria. Some psychiatrists who disagree with criminalizing suicide refuse to participate in these proceedings. In suicide malpractice cases, the appropriate function of the expert witness is to provide testimony about the standard of care. When experts attempt to testify about "sound or unsound" mind, they must be mindful of the imperfect fit between psychiatry and the law.
Facing Termination of Parental Rights is the Family Law Equivalent of the Death Penalty in a Criminal Case wherein culpability a key factor in the arguemetns, as whith the law of forseeability, and intent to commit a crime must be proved prior to culpability being established and liability attateched...
The intent to commit suicide may also be an issue in insurance litigation. The determination of an individual's mental capacity, or "soundness of mind," to form an intent to commit suicide may be of consequence in claims for recovery of death benefits under life insurance policies; disability policies; and homeowners policies containing intentional injury exclusion clauses that deny coverage for intentional violent acts; and in legal actions involving workers' compensation benefits, malpractice, and suicide committed as a consequence of injurious acts by third parties.11 ----- Original Message ---- From: debbie andolino <debbieandolino@msn.com> To: Marilyn LeBaron <blawglawg@yahoo.com>; Angela <angelahawk012@comcast.net>; Laura <laura_smith92007@yahoo.com> Sent: Tuesday, March 4, 2008 1:41:40 PM Subject: Laura Smith Case - please don't e-mail or call her attorney! She just got the court transcripts She said her attorney has been working for her real hard!
Date: Tue, 4 Mar 2008 13:15:30 -0800 It's a good idea to stall and re group Regarding: "appearance of impropriety" and "actual bias." Judaical Rules of Conduct v REASONABLE EFFORTS the latter being the 'RULE' causing conflicts of law. Two 'rules of thumb' 'in' conflict: REASONABLE EFFORTS is a prolonged Duress Tool in violation of your Right to a SPEEDY TRIAL. TREASON: The Judge has no jurisdiction when there is no criminal case where Charges 'in' Parenting Crimes has a Jury Conviction. REASONABLE EFFORTS should not displace our Due Process rights because a judge can not require you have contact with your opponent, which is what REASONABLE EFFORTS is all about. (MAKING PARENTS OBEY). TREASON: Be a better friend, newshound, and know-it-all with Yahoo! Mobile.. Try it now. Connect and share in new ways with Windows Live. Get it now! Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. Re: Re: URGENT!!!!! Laura Smith Case I am going to repeat myself a lot in here: Regarding: "appearance of impropriety" and "actual bias."Dear Charlette Pugh Tall License Number P48780
Title
City Attorney Company
City of Benton Harbor
Address 1
107 Water St
Address 2
PO Box 247 City-State-ZIP Code
Benton Harbor, MI 49023
Phone (269) 934-7750
Fax (269) 934-7855
E-Mail cpughtall@cfaith.com
Regarding: AID & ABET TREASON pursuant to Equal Protection of Effective Assistance of Counsel when facing the Equivalent of the Death Penalty in 'non criminal court' and not facing criminal charges but getting put to death, Termination of Parental Rights.
Regarding: "appearance of impropriety" and "actual bias."
Judaical Rules of Conduct v REASONABLE EFFORTS the latter being the 'RULE' causing conflicts of law.
Two 'rules of thumb' 'in' conflict:
REASONABLE EFFORTS is a prolonged Duress Tool in violation of your Right to a SPEEDY TRIAL.
TREASON:
The Judge has no jurisdiction when there is no criminal case where Charges 'in' Parenting Crimes has a Jury Conviction. REASONABLE EFFORTS should not displace our Due Process rights because a judge can not require you have contact with your opponent, which is what REASONABLE EFFORTS is all about. (MAKING PARENTS OBEY).
TREASON: ----- Original Message ----
From: "ANGELAHAWK012@comcast.net" <ANGELAHAWK012@comcast.net> To: blawglawg@yahoo.com; debbieandolino@msn.com; justice4court@aol.com Sent: Tuesday, March 4, 2008 12:27:16 PM Subject: FW: Re: URGENT!!!!!!!!!!!!!!!!!!!!!!!!! well here you have it.. now to get Laura to do what she has to do .. Deb... Im leaving that up to you to email her and hopefully you can convince her to set aside here FEAR and go in for her own KILL.. Mother BEAR is the attitude she needs to have(( well maybe a lil calmer )) but you get me? FindLaw: U.S. Constitution: Sixth Amendment: Annotations pg. 10 of 11
FindLaw: U.S. Constitution: Sixth Amendment
Wiggins v. Smith: The Ineffective Assistance of Counsel Standard ...
Sentencing Advocacy and the Right to Effective Assistance of Counsel
Ineffective Assistance Of Counsel - Defined and Discussed!
CRS/LII Annotated Constitution Sixth Amendment
[PDF]
Effective Assistance of Counsel in Capital Cases
Criminal Law - Do I have a right to effective assistance of counsel?
Arbitrary and Capricious: WA: in Grant County, novel "effective ...
Enforcing the right to effective assistance of counsel | a public ...
Arizona v Wallen...
If they are going to terminate the judge is a criminal and has no jurisdiction when the equivalent of the death penalty is at steak.
That is a demonstration of bias when enforcing REASONABLE EFFORTS, (a sanctioned violation of Judicial Code of Conduct). Conflicts of Law...
Don't argue with those people they use everything against you, even a sigh.
Pleas Read, 'Before You Sign'.
Dear American, (Not to be confused with Amer-ee-kan ) Miranda will be given for you to sign, reserve your rights on this instrument by not becoming in personam at Rule 12 (b). Do not give up your personam to "power of attorney" because you waive rights with each admission or tacit response answered by "persons standing in your stead," which makes you in personam for accepting this "benefit." Remain SILENT and the reservation will command you to Justice. e-hem... Are Court Appointed Attorneys ...
Don't talk to the Court Appointed Attorney. Don't allow the courts to Appoint one... That makes you WARD OF THE COURT... The attorney can say, "Yes", even if you demand he say, "No".
If you already have a Court Appointed Attorney: Demand all communication be in the written format between you and him... ACCEPT NO PHONE CALLS... (NO PHONE CALLS ALLOWED by and between him and the non Criminal Prosecutor or CPS AGENTS). As WARD OF THE COURT your Pen Power is vacant and you must file a refute and never talk to the CPS... Judicial Code of Conduct is the point to stand on here and a demend for your right to a SPEEDY TRIAL... (If your going to Terminate Parental Rights I demand a Grand Jury Indictment and if not: GO AWAY....
Supreme Law Library : Court Cases U.S.A. v. Wallen [Note: Small numbers indicate number of bytes in ASCII portion of files (sans HTML)] Table of Contents
Return to Table of Contents for
[Home] [Write Us] [Library] [School] [Forum] [Subscribe] [Donate]
Common Law Copyright -------------- Forwarded Message: -------------- From: Justice4court@aol.com To: ANGELAHAWK012@comcast.net Subject: Re: URGENT!!!!!!!!!!!!!!!!!!!!!!!!! Date: Tue, 4 Mar 2008 19:50:14 +0000 > > In a message dated 3/4/08 11:25:38 AM, ANGELAHAWK012@comcast.net writes: > > > > might be difficult but all we are looking for is STALL TACTICS to keep > > Thursday from happening!! If she files for a RECUSAL the JUDGE has to HAS TO > > respond and the court hearing can NOT go forth!.. > > > > It's a good idea to stall and re group > Regarding: "appearance of impropriety" and "actual bias."
Judaical Rules of Conduct v REASONABLE EFFORTS the latter being the 'RULE' causing conflicts of law.
Two 'rules of thumb' 'in' conflict:
REASONABLE EFFORTS is a prolonged Duress Tool in violation of your Right to a SPEEDY TRIAL.
TREASON:
The Judge has no jurisdiction when there is no criminal case where Charges 'in' Parenting Crimes has a Jury Conviction. REASONABLE EFFORTS should not displace our Due Process rights because a judge can not require you have contact with your opponent, which is what REASONABLE EFFORTS is all about. (MAKING PARENTS OBEY).
TREASON: might be difficult but all we are looking for is STALL TACTICS to keep Thursday from happening!! If she files for a RECUSAL the JUDGE has to HAS TO respond and the court hearing can NOT go forth!.. It's a good idea to stall and re group Regarding: "appearance of impropriety" and "actual bias."
Judaical Rules of Conduct v REASONABLE EFFORTS the latter being the 'RULE' causing conflicts of law.
Two 'rules of thumb' 'in' conflict:
REASONABLE EFFORTS is a prolonged Duress Tool in violation of your Right to a SPEEDY TRIAL.
TREASON:
The Judge has no jurisdiction when there is no criminal case where Charges 'in' Parenting Crimes has a Jury Conviction.
REASONABLE EFFORTS should not displace our Due Process rights because a judge can not require you have contact with your opponent, which is what REASONABLE EFFORTS is all about. (MAKING PARENTS OBEY).
TREASON:
In a message dated 3/4/08 11:25:38 AM, ANGELAHAWK012@comcast.net writes: It's a good idea to stall and re group Regarding: "appearance of impropriety" and "actual bias."
Judaical Rules of Conduct v REASONABLE EFFORTS the latter being the 'RULE' causing conflicts of law.
Two 'rules of thumb' 'in' conflict:
REASONABLE EFFORTS is a prolonged Duress Tool in violation of your Right to a SPEEDY TRIAL.
TREASON:
The Judge has no jurisdiction when there is no criminal case where Charges 'in' Parenting Crimes has a Jury Conviction.
REASONABLE EFFORTS should not displace our Due Process rights because a judge can not require you have contact with your opponent, which is what REASONABLE EFFORTS is all about. (MAKING PARENTS OBEY).
TREASON: Be a better friend, newshound, and know-it-all with Yahoo! Mobile.. Try it now. Fw: THANK YOU WAYDE!!!!!!!! FINALLY!!!!!!!! deb send to laura.. i gotta go----- Forwarded Message ----
From: "ANGELAHAWK012@comcast.net" <ANGELAHAWK012@comcast.net> To: laryholland@sbcglobal.net; blawglawg@yahoo.com; debbieandolino@msn.com; justice4court@aol.com Cc: madatcps@aol.com Sent: Tuesday, March 4, 2008 12:04:35 PM Subject: THANK YOU WAYDE!!!!!!!! FINALLY!!!!!!!! deb send to laura.. i gotta go THE LAWYER HAS GOT TO GO IN ORDER FOR HER TO KEEP HER CASE ACTIVE AND BEAT THESE DEVILS!!!!! THAT SIMPLE!!!!!!! Lawyer needs to get to steppin like yesterday! -------------- Forwarded Message: -------------- From: Justice4court@aol.com To: ANGELAHAWK012@comcast.net Subject: Re: FW: Re: SHE IS CORRECT!!!!!! AND THIS SHOULD BE SENT TO LAURA LAWYER AT ONCE!.. does all agree? Date: Tue, 4 Mar 2008 20:01:23 +0000 > > In a message dated 3/4/08 11:58:42 AM, ANGELAHAWK012@comcast.net writes: > > > > This is exactly what she needs to do.. > > > > It's over kill. If you don't like your attorney you first request of your > attorney to just step down. If they refuse you then can file a motion. But > she needs to ask the attorney NOW, TODAY. > > -----Inline Message Follows----- In a message dated 3/4/08 11:58:42 AM, ANGELAHAWK012@comcast.net writes: This is exactly what she needs to do.. It's over kill. If you don't like your attorney you first request of your attorney to just step down. If they refuse you then can file a motion. But she needs to ask the attorney NOW, TODAY. In a message dated 3/4/08 11:58:42 AM, ANGELAHAWK012@comcast.net writes: This is exactly what she needs to do.. It's over kill. If you don't like your attorney you first request of your attorney to just step down. If they refuse you then can file a motion. But she needs to ask the attorney NOW, TODAY. Looking for last minute shopping deals? Find them fast with Yahoo! Search. Fw: Lary and Wayde...hello guys.... now listen please----- Forwarded Message ---- From: "ANGELAHAWK012@comcast.net" <ANGELAHAWK012@comcast.net> To: Justice4court@aol.com; laryholland@sbcglobal.net Cc: blawglawg@yahoo.com; debbieandolino@msn.com; justice4court@aol.com Sent: Tuesday, March 4, 2008 12:02:05 PM Subject: Lary and Wayde...hello guys.... now listen please Dear LARY and Dear WAYDE.. do you all not get it!!!!!!!!!!!!!! who give s a DAMN how difficult it is to RECUSE these BASTARDS..the POINT is to DELAY the DAMN HEARING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! what part did someone MISS HERE???? she is going to loose these kids ..... \ an APPEAL is the LAST THING SHE WANTS TO DANCE WITH!!!!!!!!!!!!!!!! her damn LAWYER has her head up her ass.. I dont mine.. do you all yours??????? delay delay delay the hearing! geez! Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. Fw: URGENT!!!!!!!!!!!!!!!!!!!!!!!!! ----> Two rules of thumb that conflict .----- Forwarded Message ---- From: Marilyn LeBaron <blawglawg@yahoo.com> To: justice4court@aol.com Sent: Tuesday, March 4, 2008 12:04:20 PM Subject: Re: URGENT!!!!!!!!!!!!!!!!!!!!!!!!! ----> Two rules of thumb that conflict . Regarding: "appearance of impropriety" and "actual bias."
Judical Rules of Conduct v REASONABLE EFFORTS the latter being the 'RULE' causing conflicts of law. Two 'rules of thumb' 'in' conflict: REASONABLE EFFORST is a prolonged Duress Tool in violatoin of your Right to a SPEEDY TRIAL. TREASON: The Judge has no juresdiction when there is no criminal case where Charges 'in' Parenting Crimes has a Jury Conviction. REASONABLE EFFORST should not displace our Due Process rights because a judge can not require you have contact whith your opponent, which is what REASONABLE EFFORTS is all about. (MAKING PARENTS OBEY). TREASON:
----- Original Message ---- From: "Justice4court@aol.com" <Justice4court@aol.com> To: laura_smith92007@yahoo.com Cc: laryholland@sbcglobal.net; ANGELAHAWK012@comcast.net; debbieandolino@msn.com; blawglawg@yahoo.com Sent: Tuesday, March 4, 2008 11:46:37 AM Subject: Re: URGENT!!!!!!!!!!!!!!!!!!!!!!!!! In a message dated 3/4/08 10:18:51 AM, laryholland@sbcglobal.net writes: Laura, A PEREMPTORY challenge only applies to Jury Selection and Conflicts in Michigan. Search "lary holland" "Motion for Disqualification" both with quotations on the same line in Google. I have gone after Judges on Disqualification and have the leading case law for it. One is a Department of Corrections Case. In essence you can disqualify on the "appearance of impropriety" and "actual bias." You can do things outside your case that cause outside scrutiny and pressure on the judge to disqualify. For example, I used campaign finance records like I have already described to you when we met. Lary Holland This is correct in many states a peremptory challenge is applicable to Jury Selection, but not all states. I would follow Lary's advice, I'm not real familiar with Michigan law, but I would like to have some of the Leading case law especially if it is Federal. Disqualification of a Judge is a difficult procedure unless you have clear and convincing evidence and especially late in the case, but it can be done. You might also look to include Objections w/exhibits to the Termination of your Parental Rights in case there becomes a need to appeal or to do an extraordinary Writ. But again, I would suggest you follow Lary's advice or that of a new attorney of your choosing in your state. I would also suggest that you write or Fax your attorney with some sort of Delivery notification in the letter and request that she step down for conflict. In California you may request a Marsden Hearing if needed, I don't even know if they do Marsden hearings in Michigan. Also note that a Marsden hearing may not be applicable in Michigan because some states only use it for Court appointed attorney's. I'm just trying to brain storm some ideas for you. I also learn a lot by going and speaking with attorneys about cases, even if you don't plan on hiring them you can learn a lot by picking their brains you may want to call right now and set up an appointment to speak with a new attorney in the hopes they will take your case. If you have computers at your courthouse with a Civil Index or accessible case's you might also find cases similar to yours that maybe reviewable and give you an Idea of how to write a motion on your own. You may also use this index to look up your previous attorney to find out if she has been sued in a civil proceeding of any type. I find that bad attorneys have often been sued a lot, and note what they have been sued for. You may find that she has been sued in Small Claims too. The reason I point this out is because you may find that your attorney is doing to you what she has done to others and there might be exhibits to use against the attorney. It is also good for choosing a new attorney, you wouldn't want an attorney that people are suing on a regular basis or an attorney who sues his clients. Also check your state bar website to see if this attorney has been publicly admonished. I'd like to suggest that you look up the Judicial Cannons for you state as well. These Cannons will provide you with guidelines to how a Judge should present themselves and procedural due process. There is a lot of case law regarding discriminatory practices of Judges and case law will have to applicable to your particular situation. It's difficult to be involved in the corruption of the court system and If I can give you any suggestions then please don't hesitate to contact me. Sorry I don't know more about Michigan Law, but you may want to educate yourself on all the rules of court for your jurisdiction. Best of luck to you... |
An error occurred loading this module.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Send a private message
Subscribe to RSS feed
Tell a friend
Add to My MSN
Add to your network
Sign up for alerts
|
|
