The Dragonater Radio Show

Pirate News Radio Show January 2011, broadcast on Pirate News TV in February 2011.

THE DRAGONATER WINS IN TRAFFIC COURT AT DEALS GAP, RAISES SPEED LIMIT TO 65 MPH ON THE DRAGON - NOLLE PROSEQUI BY BLOUNT COUNTY ATTORNEY GENERAL. NO TESTIMONY, HEARING NOR TRIAL WHATSOEVER. 60 MPH SPEEDING TICKET DISMISSED WITH PREJUDICE, COSTS PAID BY THE STATE, IN BLOUNT COUNTY GENERAL SESSIONS COURT WITH JUDGE BREWER. THP TROOPER RANDALL HUCKEBY ADMITTED ON VIDEOTAPE DURING TRAFFIC STOP THAT ALL SPEEDING TICKETS NORTHBOUND ON US129 AT MILE MARKER 0.5 ARE FEDERAL JURISDICTION, NOT STATE JURISDICTION (VIDEO BY THE DRAGONATER). TDOT ADMITTED IN WRITING THAT THE MANDATORY TRAFFIC ENGINEERING SURVEY SPEED AUDIT WAS NEVER PERFORMED, IN VIOLATION OF TN CODE, THUS THE POSTED 30 MPH SPEED LIMIT ON THE DRAGON REVERTS TO THE DEFAULT 65 MPH IN TN CODE. THE DRAGONATER ALSO MADE VIDEO OF TROOPER HUCKEBY SPEEDING UP TO 60 MPH ON THE DRAGON IN A 30 MPH ZONE, WITHOUT MANDATORY EMERGENCY LIGHTS NOR SIREN, IN VIOLATION OF TN CODE, AND PERJURY IN HIS PERSONNEL FILE, WHICH SHOWED HIS $100,000+ SALARY. 2007 TDOT SAFETY AUDIT REPORT CONFESSED THAT THP'S JOB IS TO BAN ALL COMMERCIAL BUSINESSES ON THE DRAGON, SO THP TICKETS INCREASED 11,400% IN BLOUNT COUNTY. THP'S STALKER RADAR OPERATOR MANUAL CONFESSED THAT RADAR CANNOT MEASURE THE SPEED OF VEHICLES WITHIN 18 MPH OF ACTUAL SPEED. WATCH THIS SPACE FOR FULL EVIDENCE FILE. UPDATE 7 MARCH 2011

Why you should boycott AAA

South Carolina: AAA Endorses Illegal Speed Trap

A century ago, the forerunners of the American Automobile Association (AAA) provided a service that warned motorists about upcoming speed traps. AAA Carolinas turned away from this history and used its considerable influence on Monday to support a speed trap declared illegal by South Carolina's attorney general and several of its lawmakers. Since August, the tiny town of Ridgeland has allowed a private company to operate a speed camera on Interstate 95 in direct defiance of a state law enacted in June specifically to stop the program (view law).

"All branches of government are facing constricting budgets," a AAA Carolinas statement explained. "Law enforcement agencies will not be able to simply add staff to handle the growing traffic volume and therefore must look to creative solutions to do more with less. This photo-radar enforcement program in the Town of Ridgeland is one such example and should be replicated as opposed to rejected."

AAA insisted Ridgeland was not a speed trap because the profit for the city was not significant for the town of 2500. A total of 8000 tickets have been mailed since August, with Ridgeland's cut worth about $196,000. The private contractor iTraffic will pocket the same amount while the state retains the largest share. AAA based its arguments on material provided by town Mayor Gary W. Hodges who has been furiously lobbying against the legislative assault brewing in Columbia.

Hodges testified on January 26 before a state Senate Transportation subcommittee that his system did not run afoul of the law that targeted Ridgeland. He pointed out a provision that stated traffic tickets could not be "solely" based on photographic evidence.

"The primary evidence in every citation is officer observation supported by radar technology and photographic evidence," Hodges said. "There is an officer observing every violation, if the machine clocks a violation when he is not looking, he deletes it. That is his instruction. If he needs to get up and go to the restroom, he puts the system on pause."

Subcommittee members were not convinced, as the mayor himself described a system that operates on autopilot. One state senator sarcastically pointed out that the police officer, whose salary is covered by iTraffic, must have been "real observant" when he failed to notice one of the speed cameras was rammed by a motorist.

"We can't put issuing any kind of tickets on autopilot," state Senator George E. Campsen (R-Charleston) said. "There's got to be an ability for people to give a defense."

Senate Transportation Committee Chairman Larry Grooms grilled Hodges to determine what authority Hodges claimed to operate the program. After Hodges implied that the attorney general had backed away from the decisions that found the program in violation of the law, Grooms zeroed in and asked Hodges directly whether he had any legal opinion or notes from his meetings with the attorney general that suggested what he was doing was legal.

"No sir, not from the attorney general, no sir," Hodges admitted.

The full South Carolina Senate is poised to consider a bill that Grooms introduced, S. 336, that bans the use of tickets based "in whole or in part" on photographic evidence whether or not the device is attended or unattended. The committee struck a provision that would have imposed a $500 penalty for each ticket the system had issued without legal authority.

AAA now derives a significant portion of its revenue from automobile insurance, an amount that increases for each photo enforcement ticket issued in states like California and Arizona where license points apply to photo tickets.

Building a better world, one billet at a time

Here's how Kirkham Motorsports University, the guys that build those aluminum bodied Cobra roadsters, put a 386 pound big block of aluminum on a diet. You start the workout with 30 hours of CAD work followed by 50 hours of programming and finish with 30 hours of CNC. This exercise formula trims the overweight 386 pound block of aluminum down to a svelte 64 pounds of 427 big block.

The customer is Larry Ellison. The chassis & most of the car is also billet. An amazing project, its on Kirkham’s website.

Yes, you've seen CNC machines at work before, but this isn't just a demo, they're building a real engine and if you like engines and tools like most of us around here, it's worth a look.





See also:

Aluminum Block to Engine Block - The reason for machining from billet is simply strength and resilience. When forming alloy, high pressure die casting is 4 times stronger than sand cast. Machining from billet is 10 times stronger. As a result, you can cut down heavy members weight by a considerable margin and still have more strength. When Harley (No, I am not a Harley fan. I ride a Goldwing) went to die casting on the Evolution engine they did not decrease the thickness of the material from sand cast. As a result, the Evo proved to be one of the best engines ever made and it took a lot of abuse in comparison to a shovel or pan. By extension, people like S&S and Murch went to billet cases which is why we have the killer strokers available today. This block is probably 1/2 the weight that a die cast would be and a third what sand cast would be and is probably able to take 3-5 five times the load without failure. If you are talking serious racing or high end cars the cost is justified by using the best.... This starts out as a forged block (billet) but gets machined down into its form. Unlike traditional forging for a finish part machining this block cuts right through any grain that occurs from the forging process. A (non porous / inclusion) cast part will have a grain that flows around the shapes, adding strength. Casting also allows for more complex shapes, if required, without special or modified tooling or where it might be otherwise impossible in a machined part.

Likely this was just done to show off the capability or a deep-pocket customer wanted it for his billet Cobra. There are new, cast aluminum 427 blocks readily available for less than $5,000.

The main frame spars on the Ariane2 Moto2 bike are machined from a 125kg block of 6061-T6 down to 2.5kg each…

Motorcycle Chassis Design email list

Traffic cops sued for strip search of woman's breasts and vagina

Canadian charges abuse by U.S. guard

A 46-year-old Canadian woman sued two unidentified female U.S. Customs and Border Protection agents in U.S. District Court in Detroit on Wednesday, saying one of them strip-searched and groped her without justification as the other one watched at the Ambassador Bridge last March.

Loretta Van Beek of Stratford, Ontario, who said she travels to the U.S. regularly to vacation in Georgia, said agents sent her to secondary inspection because she failed to declare raspberries.

She said agents questioned her during a two-hour session, then ordered her to strip. She said one agent aggressively groped her breasts and genital area for an extended period of time while the other watched. Then they photographed and fingerprinted her and sent her back to Canada, the suit said.

Her lawyer, S. Thomas Wienner of Rochester, said she was traumatized by the incident and wants to find out whether there are other victims.

U.S. Customs and Border Protection said it couldn't comment on pending litigation.

Complaint

15. After another prolonged waiting period, Doe and Roe ordered Plaintiff to accompany them down a hallway. Doe and Roe escorted Plaintiff into a windowless concrete cell with a deadbolt door lock and chained door handle.

17. Roe informed Plaintiff that her denial of entry into the United States required that she be fingerprinted. Roe stated that she and Doe needed to search Plaintiff prior to fingerprinting in order to protect themselves. Roe then ordered Plaintiff to strip off all of her clothing other than a white cotton camisole and her pants. Plaintiff complied with Roe’s order.

18. After Plaintiff removed her clothing as instructed, Roe ordered Plaintiff to lean against one of the cell’s walls and to spread her arms and legs. Roe then aggressively grabbed and twisted Plaintiff’s nipples and breasts for an extended period of time. When Plaintiff flinched, Roe shouted at her to remain facing the wall and continued to roughly squeeze and twist Plaintiff’s breasts.

19. Roe proceeded to run her hands over Plaintiff’s arms, torso, abdomen, buttocks, pelvis, thighs, calves and ankles. Roe then informed Plaintiff that she was about to “get intimate.”

20. Roe then forced her hand into Plaintiff’s genital area in such a manner that Plaintiff’s undergarments were pushed inside her genitalia.

21. Throughout Roe’s touching of Plaintiff’s breasts and genitals, Doe remained in the cell observing Roe’s actions.

22. After Roe finished aggressively touching Plaintiff’s breasts and genitalia, Plaintiff was ordered to remove her boots for a search. Plaintiff observed that neither Doe nor Roe made any attempt to search inside her footwear.

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Think that's unusual?

Cop's 'strip search' costs city $350,000

SCOTTSDALE, Ariz., Nov. 25 (UPI) -- The city of Scottsdale agreed to pay $350,000 to a woman who contended she was illegally strip searched by a police officer who responded to a call at her home.

The officer, who resigned last year after confessing to internal affairs detectives, is currently being investigated by the U.S. Department of Justice, the Arizona Republic reported.

The 19-year-old woman told police that Officer Chong Kim responded to her apartment after she had called police. She said Kim asked if she could search the premises and then asked her to lift her dress and pull down her bra and panties.

She told investigators she did not protest because she had been drinking and feared she might be arrested.

The Republic said Kim told the internal-affairs investigators he had made the same request to 15-20 other women during his time on the police force.

And this...

Woman's suit for false jailing nears trial

ORLANDO, Fla., Sept. 7 (UPI) -- A lawsuit filed by a Florida woman wrongly jailed for a day eight years ago in an identity theft foul-up may be getting close to trial, records show.

Kimberly Shields, who at the time of the 2002 identity-theft incident was a 23-year-old resident of Winter Park, had a pretrial conference scheduled Tuesday and her suit is tentatively scheduled to go to trial Sept. 27 in a Seminole County court, the Orlando Sentinel reported.

Shields was locked in a Seminole County jail, strip searched and deloused after she was picked up on an arrest warrant meant for another woman, Shannon McGuire, 38, who had given Shields's name when she was arrested for stealing a 1987 Plymouth, the Sentinel reported Tuesday.

McGuire was charged with auto theft, pleaded no contest and was put on three years' probation -- all under Shields's name, the Sentinel reported.

The day Shields was held in jail, McGuire was in a state prison serving an eight-year sentence for a series of crimes in Pinellas County.

Shields says -- and the Sentinel reported sheriff's office fax records and phone records show -- she was held for more than 24 hours, but the sheriff's office employee who found the error says it was 4-7 hours.

"I was held there when they knew it was not me, then I was strip searched and treated like one of the inmates," said Shields, who said she doesn't know how McGuire got her name.

Instead of suing Seminole, Shields should thank its employees for "doing a great job" in discovering the error and giving the information to a judge, who ordered Shields's release April 25, 2002, the day after her arrest, defense attorney Tom Poulton said.

"Jail is not fun. I'd hate for anyone to have to go there, especially if you know you're innocent," Shields said, observing that identity theft can do a lot more harm than merely ruining one's credit.

This is what happens when too many sheeple fail to fight traffic tickets.

Deadbeat judge breaks breaks wife's arm, sued for $1-million

You will only see this uncensored news on the Dragonater blog. Normally only criminal cases qualify for free lawyers, not civil trials without risk of jail. But Judge Swann allegedly jails more divorcees than all other judges in Tennessee combined.

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Sent: Sat, 12 Feb 2011

Subject: Fwd: Judge Bill Swann Press Release

FOR IMMEDIATE RELEASE
SCHUCHARDT LAW FIRM

Judge Bill Swann Appoints State-Paid Counsel for Man Earning $73,000 per Year

Knoxville, Tennessee – February 3, 2011 – Knox County Circuit Judge Bill
Swann has entered an order appointing a state-paid lawyer for a man who earns $73,000 per year. The order is unusual because – according to Tennessee law – a lawyer should only be appointed when a person has an income below approximately $23,000 per year.

The ruling occurred in the divorce case of Dendy v. Dendy, Case No. 107628. It
benefits the divorcing husband, James Dendy, who is a geologist with URS Corporation, located in Oak Ridge, Tennessee.

Judge Swann’s decision is especially unusual because the Court also found that
the divorcing wife, Amy Dendy, was not indigent, even though she is currently
unemployed, and has never earned more than $39,000 per year during her working
career.

Amy Dendy is a former Knox County school teacher who was laid off during the
recession. Dendy currently writes an internet blog for mothers.

Dendy’s attorney, Elliott Schuchardt, said that “I am highly surprised by Judge
Swann’s decision. This seems like a waste of state funds, given Mr. Dendy’s relatively large income. My client is currently appealing the ruling.”

See Tenn. Sup. Ct. R. 29 (2010); 45 C.F.R. Pt. 1611, App. A. (providing a benchmark of approximately $22,900 for granting indigency status for a household of three).

Schuchardt indicated that there were other problems with the case. “The parties
have attended over twenty-five hearings in this case, since July 2007. However, Judge Swann still won’t allow my client to even speak to her two young daughters on the telephone.” The Court has twice refused to hold a hearing in connection with this issue.

Amy Dendy will be presenting a motion on February 9, 2011 asking Judge Swann
to recuse himself from the case on the grounds that her former husband, James Dendy, allegedly claimed that his family made campaign contributions to Judge Bill Swann.

For further information, contact:

Elliott J. Schuchardt
Schuchardt Law Firm
336 McCready Way
Sewickley, PA 15143
Phone: (412) 414-5138
E-mail: elliott016[@]gmail.com
www.schuchardtlaw.com

See also:

Note how Metropulse censored this press release - Metropulse is owned, edited and published by the Knoxville News Sentinel, which endorsed Judge Swann in the past election.

Knoxville News Sentinel censored an 8-page political advert by the Dragonater's brother in his campaign for Judge Swann's job - Judge Swann is a convicted deadbeat dad who has been married 4 times, who allegedly broke his wife's arm, so KNS editorial board selected him for endorsement to run divorce court in Knox County.

Judge Bill Swann sued for $1-million libel - It's interesting that Judge Swann's "First Amendment" lawyer, Dick Hollow, was porno king Larry Flint's personal attorney. As Mr. Hollow told The Dragonator, "I wish I'd never taken this case!" Jury trial ASAP.

Press Release and Petition for Contempt: Judge Bill Swann Refused to Pay Child Support, Charged with Civil Contempt of Court - Backup copy

Candidate for governor Leola McConnell missing and feared murdered while investigating Judge Swann's alleged S&M video - "In 1984 I watched George W. Bush enthusiastically and expertly perform a homosexual act on another man, one Victor Ashe," said McConnell. "Ashe is the current U.S. ambassador to Poland; and he too should come out, like former New Jersey Gov. James McGreevy, and admit to being a gay American. Other homo-erotic acts were also performed by then-private citizen George W. Bush. I know this because I performed one of them on him myself."


Owners of Knoxville News Sentinel, Mr Scripps and Mr Howard, support Judge Bill Swann, and are members of Bohemian Grove homosexual nudist compound for snuff kiddie porn.

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Is Judge Baumgartner's suspension and pending arrest part of the alleged extortion racket run by Judge Swann?

Judge Baumgartner allowed an innocent Vietnam veteran to be convicted and sent to prison, now that taking video of fully-clothed adults at a public swimming pool at your own apartment is "kiddie porn".

Accused red-light camera sniper Cliff Clark got moved from Baumgartner's court and won dismissal of his case. Baumgartner refused to allow digging up the rotting corpse of Knox district attorney general Ed Dossett, during the murder trial of his alleged black widow (and her unidentified co-conspirators).

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TBI said to be looking at whether Judge Richard Baumgartner got pills from felon

18 February 2011

KNOXVILLE, TENN. -- The Tennessee Bureau of Investigation is probing whether Knox County Criminal Court Judge Richard Baumgartner acquired prescription painkillers from a man under his legal thumb, the News Sentinel has learned.

Sources familiar with the probe have confirmed that the TBI is looking at the link between Baumgartner and Christopher Lee Gibson, a 40-year-old probationer in the judge's court. The sources requested anonymity because the investigation is ongoing.

Late last week, Al Schmutzer Jr., a special prosecutor assigned to head up the investigation of Baumgartner, sought and received from Special Judge Jon Kerry Blackwood a probation violation warrant against Gibson that alleged Gibson, a convicted felon, had a handgun in his possession.

The warrant offered no details, and Gibson was allowed to go free on his own recognizance without posting bond.

The News Sentinel has learned that days before Baumgartner abruptly stepped down Jan. 27 from the bench for what he said was an indefinite medical leave, the TBI obtained a photograph of a dark blue Buick with judicial tags parked in Gibson's driveway.

The judge has driven a similar vehicle with judicial tags.

The photograph was taken by Gibson's ex-wife, Darlene Michelle Gibson, Sources say she took the photograph after Christopher Gibson threatened to use the judge's influence against her in a domestic court battle.

The Gibsons divorced in March 2009 but remain legally bound in matters of child support and custody issues, court records show.

It's not clear when the photograph was taken or when she turned the photograph over to attorney Russell Greene.

Greene has, court records show, represented both the Gibsons in the past. Greene served as Darlene Gibson's attorney in 2008 when she was charged with shoplifting from a Sears store in Knoxville. He represented Christopher Gibson in a 2004 case in which Darlene Gibson was one of the victims.

Greene was contacted by the TBI days before Baumgartner took a leave and was asked to turn over the photograph. It's not known how the agency became aware of the photograph or how long the agency has been investigating the judge's alleged illegal procurement of prescription painkillers.

Greene declined comment Thursday and referred questions to his attorney, Gregory P. Isaacs.

Isaacs said Greene consulted his firm after the initial contact from the TBI.

"Initially, Mr. Greene and our firm declined to produce the photograph," Isaacs said.

Greene relented, Isaacs said, only after the TBI obtained a client confidentiality waiver from Darlene Gibson and Isaacs' firm obtained an opinion from the state Board of Professional Responsibility, which polices lawyers, that Greene should turn over the photograph.

"This decision was made after careful and deliberate review of Mr. Greene's ethical and professional duties as an attorney," Isaacs said. "I want to be perfectly clear both Mr. Greene and our law firm have the highest regard for Judge Richard Baumgartner."

Christopher Gibson pleaded guilty in April 2007 at a hearing before Baumgartner. The plea agreement shows he received a four-year probationary term for aggravated assault and reckless endangerment. His probation would have expired this April but for the violation warrant filed by Schmutzer last week.

Neither Schmutzer nor the judge's defense attorney, Donald A. Bosch, would comment on Christopher Gibson's role in the probe.

All phone numbers contained in court files for Christopher Gibson and his ex-wife were disconnected, including the business number for Gibson's drilling company. The News Sentinel did reach the couple's 18-year-old son, who confirmed his father "was the one under investigation" but declined to reveal his father's whereabouts or relay a message to him.

Christopher Gibson has a history of assaults involving gunplay and threats. He has convictions in the early 1990s for aggravated assault and aggravated robbery. In the case that led to his 2007 plea before Baumgartner, Christopher Gibson was accused of forcing Darlene Gibson into his truck. When friends sought to intervene, Christopher Gibson threatened them at gunpoint and opened fire on their car in a parking lot at a busy intersection in North Knoxville. An off-duty Knox County Sheriff's Office deputy, a state probation officer and a Knoxville Police Department officer who were traveling separately all witnessed the gunfire, according to warrants.

The TBI is also investigating the relationship between Baumgartner and Deena Castleman, a former defendant in the drug court he oversaw. Castleman said in an interview earlier this week she and the judge were "close friends" but not sexually involved. She said he offered her help, including recommending her for jobs, but insisted he did so because he was "a great judge and a great man."

She acknowledged she had a cell number for Baumgartner. The TBI has asked drug court Director Ron Hanaver about a cell phone the judge asked that the program provide him.

Castleman is a confessed pill addict who is facing charges including possession of painkillers, DUI, burglary and theft.

Baumgartner, who has been on the bench for 19 years and has presided over some of the county's most high-profile trials, is undergoing treatment for an undisclosed ailment at an undisclosed facility. He continues to draw his $154,320 annual salary.

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Judge Baumgartner inquiry targets drug court defendant

She says she is just 'close friends' with judge...

17 February 2011

KNOXVILLE, TENN. -- The Tennessee Bureau of Investigation is probing the relationship between a former Knox County Drug Court defendant and Judge Richard Baumgartner, the News Sentinel has learned.

But the defendant at issue - Deena Castleman - insisted in an interview Wednesday that the judge was nothing more than a benevolent benefactor.

"We did become pretty close friends," Castleman said. "He cared about me - not in a sexual way. I looked up to him as a father figure. I love that man but there ain't no sexual attraction about him."

Baumgartner is on medical leave and under a criminal probe by the TBI for the alleged illegal procurement of prescription pills. Special prosecutor Al Schmutzer Jr. has declined to detail the scope of the investigation.

Contacted on Wednesday, Drug Court Director Ron Hanaver confirmed that the TBI served him with a subpoena signed by Special Judge Jon Kerry Blackwood last week for the release to agents of Castleman's file.

Hanaver had refused an earlier request without a court order because of confidentiality concerns. He also acknowledged that TBI agents quizzed him about Baumgartner's relationship with drug court defendants.

"(The agents asked) if I knew of any complaints or if I heard any complaints from any individuals about Judge Baumgartner" alleging he showed undue favoritism to Castleman or any others, Hanaver said.

Hanaver declined to reveal his answer.

Baumgartner's defense attorney, Donald A. Bosch, said Wednesday night that he did not believe the judge has ever shown "inappropriate favoritism for any participant in his court whether it be drug court" or his regular Criminal Court docket.

Castleman said she was in the drug court program from 2003 to 2008, when she graduated. She said she later "ran into him at the courthouse" and, after discussing her attempt to get a job, he took her to his office and made phone calls to potential employers on her behalf. He also had offered her help with a visitation dispute involving her son and, when she wound up in legal trouble again in 2009, "he told me he would ask one of his friends, (attorney) John Boucher, if he would mind representing me," she said.

Boucher, who since has been appointed to represent Castleman in a slew of charges she has racked up since 2009, was not immediately available for comment.

Castleman also acknowledged that she gave Knox County Sheriff's Office detectives who arrested her for "panhandling" at a Pilot truck stop on Strawberry Plains Pike last May a cell phone number for Baumgartner in hopes of avoiding arrest.

"I was scared," she said. "I was using (drugs). I was high. I said, 'Call Judge B.' "

Hanaver confirmed that Baumgartner came to him "about a year and a half ago" and asked to be supplied by the drug court a cell phone solely for use in the program, which Baumgartner helped found and oversaw.

Hanaver thought it was an odd request since the judge's role in drug court was to meet weekly with drug court defendants to review their progress while Hanaver and his staff actually provided day-to-day case management.

"But when you have a judge ask for something and you have the ability to give it, then you do what the judge asks," he said.

The TBI inquired about the phone when agents interviewed Hanaver. The drug court director said the program itself and its staff of eight are not the subject of any TBI probe. It is continuing to operate in the judge's absence.

Castleman, meanwhile, faces trial on charges including panhandling, possession of prescription painkillers, DUI, breaking into a woman's house and stealing an Xbox game system, and stealing a woman's purse at a Target store. She racked up the charges in four incidents from October 2009 to July 2010.

"Once a revered Knox County Criminal Court judge, Richard Baumgartner on Tuesday shuffled into a federal courtroom in shackles, accused of covering up the drug-trafficking crimes of the mistress he met via a Drug Court program he helped found. Baumgartner, who sent thousands of people to prison in his nearly two-decade-long tenure as judge, was arrested Tuesday as he drove away from his East Knox County farm and hauled into U.S. District Court with shackles on his feet and a chain wrapped around his belly and connected to handcuffs."

-Jamie Satterfield, Knoxville News Sentinel, Former Judge Richard Baumgartner faces 7 federal counts of failing to report felonious activity, May 16, 2012

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The Law of Your Case

$30-million per year for jewish Judge Raving Bitch Judy, bumper stickers sold at UT College of Art

THE DRAGONATER WINS IN TRAFFIC COURT AT DEALS GAP, RAISES SPEED LIMIT TO 65 MPH ON THE DRAGON - NOLLE PROSEQUI BY BLOUNT COUNTY ATTORNEY GENERAL. NO TESTIMONY, HEARING NOR TRIAL WHATSOEVER. 60 MPH SPEEDING TICKET DISMISSED WITH PREJUDICE, COSTS PAID BY THE STATE, IN BLOUNT COUNTY GENERAL SESSIONS COURT WITH JUDGE BREWER. THP TROOPER RANDALL HUCKEBY ADMITTED ON VIDEOTAPE DURING TRAFFIC STOP THAT ALL SPEEDING TICKETS NORTHBOUND ON US129 AT MILE MARKER 0.5 ARE FEDERAL JURISDICTION, NOT STATE JURISDICTION (VIDEO BY THE DRAGONATER). TDOT ADMITTED IN WRITING THAT THE MANDATORY TRAFFIC ENGINEERING SURVEY SPEED AUDIT WAS NEVER PERFORMED, IN VIOLATION OF TN CODE, THUS THE POSTED 30 MPH SPEED LIMIT ON THE DRAGON REVERTS TO THE DEFAULT 65 MPH IN TN CODE. THE DRAGONATER ALSO MADE VIDEO OF TROOPER HUCKEBY SPEEDING UP TO 60 MPH ON THE DRAGON IN A 30 MPH ZONE, WITHOUT MANDATORY EMERGENCY LIGHTS NOR SIREN, IN VIOLATION OF TN CODE, AND PERJURY IN HIS PERSONNEL FILE, WHICH SHOWED HIS $100,000+ SALARY. 2007 TDOT SAFETY AUDIT REPORT CONFESSED THAT THP'S JOB IS TO BAN ALL COMMERCIAL BUSINESSES ON THE DRAGON, SO THP TICKETS INCREASED 11,400% IN BLOUNT COUNTY. THP'S STALKER RADAR OPERATOR MANUAL CONFESSED THAT RADAR CANNOT MEASURE THE SPEED OF VEHICLES WITHIN 18 MPH OF ACTUAL SPEED. WATCH THIS SPACE FOR FULL EVIDENCE FILE. UPDATE 7 MARCH 2011

"You can't use the US Constitution in MY courtroom! You might be able to use it over there in federal court, but not here!"
-Judge Wheeler Rosenbalm, Knox County Circuit Court, John Lee vs City of Knoxville

The Dragonater won that 3-year appeal of a $10 parking ticket by using Rule 202 of TN Rules of Evidence, when the city attorney forgot to enter the city ordinance as an exhibit during her case in chief, thus the city ordinance did not exist in THE LAW OF THE CASE. When the city attorney Hillary Browning rested her case in chief, I moved to dismiss for failure to prosecute, citing Rule 202, that the state court cannot take judicial notice of a city ordinance unless it is entered as an exhibit.

Tennessee Rules of Evidence, Rule 202. Judicial notice of law.

(a) Mandatory Judicial Notice of Law. —The court shall take judicial notice of (1) the common law, (2) the constitutions and statutes of the United States and of every state, territory, and other jurisdiction of the United States, (3) all rules adopted by the United States Supreme Court or by the Tennessee Supreme Court, and (4) any rule or regulation of which a statute of the United States or Tennessee mandates judicial notice.

(b) Optional Judicial Notice of Law. —Upon reasonable notice to adverse parties, a party may request that the court take, and the court may take, judicial notice of (1) all other duly adopted federal and state rules of court, (2) all duly published regulations of federal and state agencies and proclamations of the Tennessee Wildlife Resources Agency, (3) all duly enacted ordinances of municipalities or other governmental subdivisions, (4) any matter of law which would fall within the scope of this subsection or subsection (a) of this rule but for the fact that it has been replaced, superseded, or otherwise rendered no longer in force, and (5) treaties, conventions, the laws of foreign countries, international law, and maritime law.


(c) Determination by Court. —All determinations of law made pursuant to this rule shall be made by the court and not by the jury. In making its determination the court is not bound by the rules of evidence except those with respect to privileges.

Advisory Commission Comments. Note that judicial notice of ordinances is discretionary and requires notice to adverse parties.

That KPD parking ticket was for "illegal parking" on my own private property, and was the same parking space where KPD and Sutherland Avenue Wrecker Service previously stole another one of my cars, denied towing my car for 2 months while it was listed as stolen in the NCIC database, then sent me a $700 tow bill. The KPD officer admitted on the KPD Dispatch audiotape that my car was legally parked and refused to tow it, but his supervisor ordered him to tow it anyway, without a parking ticket, so no due process hearing was even allowed in court. I never did get my car back, and the Knox County district attorney refused to prosecute the car thieves.

Had I not cited Rule 202, I would have lost the trial, since the judge didn't care about the facts of the case, only THE LAW of the case. This $10 parking ticket was actually part of 3 multi-million-dollar class action lawsuits filed in 3 courts, for a massive cartheft racket run by KPD. Knox County sheriff Tim Hutchison ran his own cartheft racket with convicted copkiller Roy Lee Clark, towing cars from West Town Mall then chopping them for parts.

Law of the Case

The Law of the case is a legal term of art that is applicable mainly in common law, or Anglo-American, jurisdictions that recognize the related doctrine of stare decisis. The phrase refers to instances where "rulings made by a trial court and not challenged on appeal become the law of the case." [1] "Unless the trial court's rulings were clearly in error or there has been an important change in circumstances, the Court's prior rulings must stand." [2] Usually the situation occurs when either a case is on appeal for the second time--e.g., if the reviewing court remanded the matter back to the trial court and the party appeals again, or the case was appealed to a higher appellate court—for example, from an appellate court to the highest court.

As generally used, the term law of the case designates the principle that if an appellate court has passed on a legal question and remanded the cause to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same.[3]

The doctrine provides that an appellate court’s determination on a legal issue is binding on both the trial court on remand and an appellate court on a subsequent appeal given the same case and substantially the same facts.[4]

Law of the case, however, is one of policy only and will be disregarded when compelling circumstances call for a redetermination of the determination of a point of law on prior appeal, and this is particularly true where an intervening or a contemporaneous change in law has occurred by overruling former decisions or the establishment of new precedent by controlling authority.[5]

The law of the case doctrine precludes reconsideration of a previously decided issue unless one of three "exceptional circumstances" exists: (1) when substantially different evidence is raised at a subsequent trial; (2) when a subsequent contrary view of the law is decided by the controlling authority; or (3) when a decision is clearly erroneous and would work a manifest injustice.[6]

"Law of the Case" means that a judge will only consider laws in your traffic ticket case if you list in your pleadings every law that applies in your case. So if you fail to name the US Constitution in your motions and briefs, then you have waived all your constitutional rights, and the US Constitution does not apply to you and your case, even on appeal.

This is equally true of the TN Constitution, TN Code, TN Rules of Procedure, TN Rules of Evidence and caselaw. Use it or lose it!

This is why so many appeals are "unpublished" by the courts in their caselaw, which means those cases cannot be used as precedent in any other court. In other words, unpublished appellate opinions are admittedly based on illegal "law of the case". An example is Onks v City of Cookville, 1993 WL 398472, Tenn.App., 1993, where 2 lawyers were sued for their 200 unpaid parking tickets. The lawyers "lost" in city court, "lost" in circuit court, "lost" in the court of appeals. But when the lawyer called their bluff and filed their appeal with the TN Supreme Court, Cookville dismissed all 200 parking tickets and removed all parking meters, giving everyone free parking. Seems The Powers That Be Fascists didn't want a statewide legal precedent banning all parking meters, which would stop private contractors from raping the taxslaves of the "govt" parking meter fees. The lawyers made an equal protection argument, that since govt employees like judges get free parking at the courthouse, then everyone must get free parking.

Since the TN Supreme Court cannot be making bad caselaw, the Law Of The Case had to go. So City of Cookville had to voluntarily dismiss its case. Why Cookville ripped up 200 parking meters...you'll have to call attorney Jerry Burgess to hear the rest of the story.

Note that nobody ever has to pay parking tickets for that reason, along with the fact they lack personal service of process, as required by Rule 4 of TN Rules of Civil Procedure.

If there were such a thing as an honest judge, he would always rule sua sponte (without motion from a party) that the constitutions apply in every traffic ticket case, and he would dismiss all traffic tickets for violating the constitutional right to travel. Note that 75% of judges in USA are not licensed lawyers, and anyone over the age of 19 can be a judge in city court in TN.

So why don't YOU campaign for a new job as judge in traffic court, and dismiss all traffic tickets sua aponte?

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Rules of Court and Law of the Case

by Dr Frederick Graves, attorney at law
Pro Se Law School
Jurisdictionary.com

Whether you're being sued or suing someone else, you must understand these two simple things - or risk losing!

Winning is really very simple!

Every lawsuit turns on these two (2) simple things:

#1 ... the law of the case and

#2 ... the rules of court (evidence and procedure)

That's all there is to this game we call court!

If you've been duped by amateurs into seeing lawsuits in any other way, or if you're so scared and confused it's all a muddy puddle of mind-boggling complications, rejoice!

Winning is EASY once you see this simple truth!

#1 - THE LAW OF THE CASE

The law of the case is usually very simple!

No matter what kind of case yours is, if you'll trust me for just a moment (and check me on this) you'll find that every lawsuit turns on what we lawyers call "the law of the case". Every last one of them. Every single one!

In case you didn't know, I've been an attorney for 25 years. (Please don't hold that against me.) The last 13 years have been dedicated to help people just like you to pierce the mystery my profession has woven to hide the simple truths and tactics I teach in my affordable, official step-by-step course - to reveal the amazing simplicity my profession doesn't want you to know - just what you need to know to win in court ... with or without a lawyer!)

It IS simple ... as many thousands have learned!

For example, every foreclosure case turns (win or lose) on a very few legal principles that control the outcome of foreclosure - the rights of the lender versus the rights of the borrower. We attorneys call these principles "the law of the case" of foreclosure. It doesn't matter how big the bank or lender is. It doesn't matter how little the borrower is. The law of the case is the law of the case PERIOD!

The law of the case controls the outcome for those who know how to use the rules of court (evidence and procedure) to prove what the law requires.

Automobile negligence, contract disputes, malpractice, slander, false imprisonment ... whatever a case is about, you'll find "the law of the case" is simple and usually easy to find. My course even shows you how to find it!

Think about it this way: One need not know all the laws to win a simple contract dispute. The law of the case in a contract dispute is usually no more than a few appellate court opinions and perhaps a statute or two at most. If you find and can cite the official authorities that state the law of the case of contracts, you're halfway home!

The rest of the business of winning is simply using the rules to (1) allege what the law of the case requires, and to (2) prove what you've alleged ... whether you're the plaintiff bringing the case or the defendant trying to get out of the line of fire!

#2 - THE RULES OF EVIDENCE AND PROCEDURE

Now let's assume you've found the law of the case that fits the facts of your lawsuit - plaintiff or defendant. You have the official citations and made copies of those so the judge doesn't have to look them up. You've printed out the citations that command a victory for you IF you allege and prove what the law of the case requires.

This is where the rules of evidence and procedure come into play ... and these are incredibly easy to learn!

Let's say a plaintiff is coming after you to foreclose on your home. The first thing you do is find the law of the case that will control the outcome in your state. You now know what must be alleged by the plaintiff and proven by the plaintiff in order for the plaintiff to win. You also now know what you must allege in affirmative defenses and what you need to do with discovery and motions to prove the plaintiff cannot meet the burden of the law.

This stuff really is easy once you see the parts and how they all fit together!

You have tremendous power on your side ... once you know how the game is played to win!

In the 13 years since we started Jurisdictionary I've found the most debilitating factor that infects good people with hopelessness is fear that derives solely from lack of knowlege how the game of litigation is played to win! Not knowing creates fear. Knowledge displaces fear with the confidence you need to overcome your opponent!

Take any apparently complicated thing apart to examine its component parts and you can quickly see how they all fit together. When you first begin, it seems impossible.

But!

If someone shows you how each separate part works with each of the other parts, even the most complicated things are suddenly easy-to-understand. The mystery my profession has woven disappears!

#1 - All lawsuits turn on the law of the case.

#2 - All lawsuits are won (or lost) by clever (or clumsy) use of the rules of court to prove the law and facts.

That's all there is to lawsuits - every one of them!

Every one of you has great legal power!

Sadly, many good people never discover the power that is theirs ... so people who know how to use the rules of court and the law of the case take advantage of them!

Jurisdictionary wants to turn the tables on crooked lawyers and biased judges and protect the "little guys and gals" that are being taken advantage of simply because no one has ever come out with a course like this. No one has ever cared enough to tell you the truth. No one has ever made it this easy-to-understand!

It is easy-to-understand how to win in court once you see things the way I teach them!

Once you find the law of the case (usually no more than two or three statutes and a half-dozen controlling case opinions from appellate courts) you know what must be alleged in the pleadings and what must be proved using discovery and motions and memoranda!

1. The law of the case tells what must be alleged and proved, i.e., the law and the controlling facts.

2. The rules of court tell us how to allege and prove the law and the controlling facts.

There's nothing more to it than that.

THIS IS HOW WINNERS WIN ... HONEST!

Lawyers may drag out a case (so they can make more money billing for their time), and many insist on going to trial (which costs even more money).

But, if you hold the winning cards (i.e., if the law of the case and the facts favor your cause) you can win before trial!

Click this link to watch a FREE VIDEO.

How your Blount County tax money is disappearing

To My Fellow Citizens

For the last several months, Citizens for Better Government has been preparing an analysis of where Blount County spends your taxpayer money, compared to the three other Tennessee counties closest to us in population.

Citizens for Blount County's Future has invited us to make this presentation, titled:

How your Blount County tax money is disappearing - Why a 20% tax increase is NOT needed

at their open meeting, Tuesday, Feb. 15, at 6:30pm, at the Blount County Library. This is the same presentation made to a "standing room only" crowd at the recent Tea Party meeting.

Please come, to see why the County MUST cut the budget and avoid any tax increase.

Jim Folts [Blount County Commissioner]
Citizens for Better Government
www.blounttn.net

Report suspicious activity to Homeland Security

Citizen makes phone call to Department of Homeland Security but nobody answers, then calls the Dallas FBI office and gets an outsourced call center that barely speaks English..



Walmart Shoppers: Homeland Security Wants You to Rat

If you've ridden the subway in New York City any time in the past few years, you've probably seen the signs: "If You See Something, Say Something."

In Washington, D.C., Metro riders are treated to a recording of Homeland Security Secretary Janet Napolitano urging them to report suspicious sights to the proper authorities.



Now, Wal-Mart shoppers across the country will see Napolitano's Orwellian message in a video as they stand in the checkout line.

Why Walmart?

"We are expanding 'See Something, Say Something' in a number of venues," Napolitano tells NPR's Audie Cornish. "It's Wal-Mart, it's Mall of America, it's different sports and sporting arenas, it's transit systems. It's a catchy phrase, but it reminds people that our security is a shared responsibility."

The "See Something, Say Something" campaign has had some major successes— most notably earlier this year when a street vendor reported smoke coming out of an SUV parked in New York's Times Square, resulting in the arrest and conviction of Pakistani immigrant Faisal Shahzad. But The New York Times reports the program has resulted in relatively few terror-related arrests.

Creepy?

Homeland security expert Frank Cilluffo says that may be because the message is coming from Washington rather than local officials who are more trusted in their communities.

"I think having Secretary Napolitano on screens throughout the country provides a bit of a creepy feeling," he says. "That shouldn't be from Washington."



Cilluffo also questions the simplicity of "See Something, Say Something."

"I think the message is long on nouns, short on verbs. I think we need some specificity," he says. "Ultimately, what are people looking for, what sort of suspicious activity, what actions should they take, and who do they specifically turn to?"

More To Do

Cilluffo says Homeland Security officials should be constantly re-evaluating and changing their policies as they discover what works and what doesn't.

"Homeland security is not an end state, it's a journey," he says. "We've made some significant strides, but I think we still have more to do."

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Lesbian Secretary Napolitano Announces Expansion of "If You See Something, Say Something" Campaign to Walmart Stores Across the Nation

Release Date: December 6, 2010
For Immediate Release
Ministry of Truth
Contact: 202-282-8010

Washington, D.C. - Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the expansion of the Department's national "If You See Something, Say Something" campaign to hundreds of Walmart stores across the country - launching a new partnership between DHS and Walmart to help the American public play an active role in ensuring the safety and security of our nation.

"Homeland security starts with hometown security, and each of us plays a critical role in keeping our country and communities safe," said Secretary Napolitano. "I applaud Walmart for joining the ‘If You See Something, Say Something' campaign. This partnership will help millions of shoppers across the nation identify and report indicators of terrorism, crime and other threats to law enforcement authorities."

The "If You See Something, Say Something" campaign—originally implemented by New York City's Metropolitan Transportation Authority and funded, in part, by $13 million from DHS' Transit Security Grant Program—is a simple and effective program to engage the public and key frontline employees to identify and report indicators of terrorism, crime and other threats to the proper transportation and law enforcement authorities.

More than 230 Walmart stores nationwide launched the "If You See Something, Say Something" campaign today, with a total of 588 Walmart stores in 27 states joining in the coming weeks. A short video message will play at select checkout locations to remind shoppers to contact local law enforcement to report suspicious activity.

Over the past five months, DHS has worked with its federal, state, local and private sector partners, as well as the Department of Justice, to expand the "If You See Something, Say Something" campaign and Nationwide SAR Initiative to communities throughout the country—including the recent state-wide expansions of the "If You See Something, Say Something" campaign across Minnesota and New Jersey. Partners include the Mall of America, the American Hotel & Lodging Association, Amtrak, the Washington Metropolitan Area Transit Authority, sports and general aviation industries, and state and local fusion centers across the country.

In the coming months, the Department will continue to expand the "If You See Something, Say Something" campaign nationally with public education materials and outreach tools designed to help America's businesses, communities and citizens remain vigilant and play an active role in keeping the country safe.



OPERATION NORTHWOODS> - The ABC News report on the signed confession by US Govt for perping terrorist attacks, sniper attacks, airline hijackings and bombings in USA then blame patsies. Call 202-282-8010 and report suspicious activity today!