Message to the Political Hacks and Their Toady Clerks on the NC Court of Appeals
Posted in the Garner Forum
#1 Feb 9, 2012
One thing you can note [about a sex crime prosecution here] is that the man accused of molesting a child is probably native, probably from old stock here, and that our outlander DA Ron Moore-On and the sheriff will charge the poor with sex crimes while when a prominent citizen, somebody with wealth, or one of their buddies, is accused they hush it up and cover it over and nothing ever comes of it.
Our DA Ron Moore-On has his prosecutorial discretion which he daily abuses, and we have discretion as the electorate to kick him out of public office too.
And now just when the public direly needs sunshine laws, the enforcement of freedom of information legislation, and transparency in government, our courts -- EVEN OUR APPELLATE COURTS -- interpret the following legislation just the opposite of its crystal clear meaning:
North Carolina General Statute Section 132-1(a) clearly proclaims that "public records" SHALL MEAN all documents, papers, letters,
maps, books, photographs, films, SOUND RECORDINGS, magnetic or other tapes, electronic data-processing records, artifacts, or other
documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with
the transaction of public business by any agency of North Carolina government or its subdivisions."
North Carolina General Statute Section 132-1(b) clearly declares that "The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the PROPERTY OF THE PEOPLE. Therefore, it is the policy of this State that the people may
obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. As
used herein, "minimal cost" shall mean the actual cost of reproducing the public record or public information."
NCGS Section 132-9(a) certifies that "Any person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order compelling disclosure or copying, and the court shall have jurisdiction to issue such orders if the person has complied with G.S. 7A-38.3E. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent
proceedings in such actions shall be accorded priority by the trial AND APPELLATE COURTS."
And yet the arrogant political hack Judge Tracey Barrett and the elected political hacks of the NC Court of Appeals refuse to enforce these clear written laws.
See P12-71 NC Court of Appeals and 11CVS6277 Buncombe County.
It reminds me of the slimy 6th Circus Court of Appeals turning the detestable skank judge David Lanier loose after a jury had convicted him of rape in his judicial chambers in Dyersburg, TN and put him in prison.
At the close of the Constitutional Convention of 1787 an American queried Benjamin Franklin as he departed Independence Hall,“Well, Doctor, what have we got---a Republic or a Monarchy?”
To which he replied,“A Republic, if you can keep it.”
#2 Feb 9, 2012
I want you low-life lying 2-bit political hack lawyers in the court of appeals to know that I am the petitioner in the petition for a writ of mandamus in the NC Court of appeals, your file no. P12-71, and that I am in direct and open and notorious contempt of your despicable craven ruling which you had the audacity to send to the feckless little weasel, Roy Cooper, that you are in violation of North Carolina law, specifically chapter 132, that I view YOU HACKS and your bevy of beady-eyed, thumb-twiddling clerks with open and notorious contempt because YOU ARE CONTEMPTIBLE! You got that?
#3 Feb 9, 2012
This is your cowardly ruling. You don't even have the decency to sign it, you weasels and your thumb-twiddling clerks. You don't have discretion in this controversy. The law is not discretionary; it is mandatory, you scurrilous bastards! Here is your ruling of cowardice, insolence, and anarchy:
"The petition filed in this cause on the 23rd of January 2012 and designated 'Petition for Writ of Mandamus' is denied.
By order of this court this the 1st of February 2012.
The above order is therefore certified to the Clerk of Superior Court, Buncombe County.
WITNESS my hand and the seal of the North Carolina Court of Appeals, this the 1st day of February 2012.
/s/ John H. Connell
Clerk, North Carolina Court of Appeals
Attorney General, For State of North Carolina
Mr. James Lawrence Smith, for Smith, James Lawrence
Mr. Robert W. Oast, Jr., City Attorney, for State of North Carolina
Hon. Steven D. Cogburn, Clerk of Superior Court
A copy of the petition for mandamus filed with the insolent cowards of the NC Court of Appeals may be found in Google groups, talk.politics.misc.
#4 Feb 9, 2012
#5 Feb 9, 2012
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#6 Dec 2, 2012
#8 Dec 4, 2012
Study this, Ms. Pilch. It looks as though the preliminary hearing as a device for the defense lawyer to prepare for her case in Superior Court has gone the way of the dinosaur.
The District Attorney can bypass the PH process with a grand jury indictment. And it looks as though as a common practice, NC defense attorneys waive preliminary hearings. Theoretically the defendant charged with a felony has tools to prepare for his defense with an OPEN FILE policy, or the discovery process under Chapter 15A, or both.
BEWARE! To the great prejudice of the defense lawyer and her client, many prosecutors in NC have loudly proclaimed OPEN FILE policies, but have hidden exculpatory evidence and/or other discoverable evidence from the eyes of the defense. Tags: kagonyera-wilcoxson, Brady Rule in NC, police and prosecutorial misconduct, innocence project,
The original jurisdiction of felony prosecutions in NC is in the Superior Court. The original jurisdiction of misdemeanor prosecutions in NC is in the District Court. Misdemeanor defendants are tried before a judge in the District Court without a jury. If a misdemeanor defendant convicted in District Court wishes a jury trial, she can appeal to Superior Court for trial by jury. This is called a "trial de novo."
Face it. Prosecutors in NC are armed with all the weapons to ambush a criminal defendant and his lawyer. And it's even worse in the federal district courts. See below.
Yes, the rules of discovery [in Federal Court] are awful. Pursuant to the Jencks Act (a federal statute), the government does not have to turn over its witness list, copies of their statements, police reports and forensic reports until the Friday before the Monday that the trial starts. So yes, that’s a scramble. I often received banker boxes filled with thousands and thousands of papers at 4:30 pm on Friday and had to spend the entire weekend with little, if any sleep, reading through it, organizing it, and digesting it.
You have to read fast, assimilate massive amounts of information quickly, and be ready to rock and roll Monday morning @ 9 am sharp.
-- a prematurely stooped, stiff-necked, sleep-deprived defense attorney commenting in Firedoglake blog
#9 Dec 4, 2012
Per NCGS 15A-606 a defendant accused of a misdemeanor in NC is supposed to waive or demand probable cause hearing in the state district court within 21 days of his/her first appearance in dist. court. Per State v. Hudson (NC) and the U.S. Constitutiion, the purpose of a prob. cause hearing is supposed to spare the defendant the cost of jury trial if there is no probable cause.A prob. cause hearing is not the same thing as a jury trial but in the Wake County court it is.
But since the ACIS court computer system doesn't differentiate between court dates and jury trials, and doesn't even contain a field to allow a clerk to input a date or any data for prob. cause hearing, cases in wake county court get continued for years and misdemeanor defendants end up trapped in wake court for years. AOC Director Johhn Smith has been contacted about this for the past 3 years and he still has done NOTHING to correct it.
DA Willoughby & Judge Stephens refuse to provide justice and relief to victims. And Willoughby overlooks his assitant Jon Parker and clerk freeman's use of fake jury trial notifications which aren't approved by the NC AOC.
And sure is strange that Willoughby never noticed that Gov. Perdue and AG Roy Cooper's campaign funds have undisclosed account transfers over a million dollars occurring for over a decade.
#10 Dec 4, 2012
Wrong, wrong, wrong. You are not listening. The accused charged with misdemeanors in NC do not receive preliminary hearings. They are tried in the District Court. You need to read NCGS 15A-606 in light of other statutes, such as 15A-601. You are confusing misdemeanors and felonies.
Have you ever heard of the poet Alexander Pope's warning? It goes a little like this: "A little learning is a dangerous thing." You can google up the rest of it. He is talking about YOU!
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