At a time in society when inclusion seems to top the list for priority in government and many private entities, there is an entire and growing population of people simultaneously being treated sub-human as second-class citizens without rights over their own body and without access and supervision of their own property and income, and virtually, the right to their own existence as the result of either illegal Guardianships or the Unconstitutional Act of ordering-away Constitutional Rights.
There’s no denying that usurping Constitutional Rights is a form of cancel-culture-suppression and Official Oppression only achieved by the Courts superseding their authority and the Constitution.
Illegal Guardianships are corrupt “cancel-cartels” whose agenda is to rob unsuspecting individuals of their assets, income, and property. Guardianship strikes and expands beyond the elderly and includes targeting those in family court as well as those who are expecting monetary settlements that somehow comes to the attention of a Guardianship “gang”.
A wish-list outcome is predetermined and then the Court-system and/or Guardianship “gang” proceed with filings to create and justify a path that “follows the money-paved road”. No boundaries, no limits, no transparency, no laws. Manufacturing and fabrication of documents and tampering of records with cruel intentions is the scheme to “smash a life to grab the cash.”
Toxic officials or bureaucrats that are also on the naughty list include Court Prothonotaries and Clerks who can control or tamper dockets to “gate-keep” court access. Each court “player” is a significant piece in advancing fraudsters while obstructing a victim every step of the process. For example, the Prothonotary or Clerk of Court can impede filing for legal recourse by the Prothonotary stamping a filing late or defective so that a filing never reaches the Court for review.
Retaliation against whistleblowers who report and file Complaints can include, but is not limited to the denial of jobs, promotions, and even the denial of public assistance such as SNAP food stamps, LIHEAP heating assistance, and medical insurance for financially qualifying individuals by County Assistance employees falsifying Applications to disqualify people.
The judiciary self-determines if they are bias, prejudice or present a conflict regardless that most Judges are elected through campaigns funded by attorneys who expect a favorable ruling when a judge is elected on the bench. When Judicial misconduct is alleged, the Judicial Conduct Board is the entity where a Complaint is filed and is reviewed and determined. The PA JCB is self-policing and composed of sitting judges, privately-practicing attorneys, and some lay people appointed by the Governor, amounting to non-policing by Judicial colleagues.
The existing conflicts of interest are indisputable, but PA has also recently decided to add another layer of protection for the Judiciary called the Judicial Ethics Advisory Board when it is unclear if the Judicial Ethics Advisory Board is compliant with the PA Constitution. Where’s the additional protection for “we the people”?
Most law suits against Judges and government employees are swiftly dismissed by their claiming immunity regardless that the law only provides and protects with immunity if Judges and government employees are acting within the scope and boundaries of the law, and are not abridging the privileges and rights of “we the people.”
The Privileges and Immunities Clause of the 14th Amendment provides that “no State shall make or enforce any law which shall abridge the privilegesand immunities of citizens of the United States.”
U.S. Const. Amend XIV§1, Cl. 2.
Most, if not all, states have laws pertaining to what’s called sovereign immunity. Sovereign immunity in Pennsylvania falls under 1 Pa. C.S. § 2310 and protects with immunity to those in their individual and official capacity provided they are “acting within the scope of their duties”
While every case is unique and there is no once-size-fits-all, based on textbook, the judiciary can be sued if they violate the Hobbs Act under 18 USC 1951 and Civil Rights, and government employees can be sued under a Bivenssuit.
If records support an illegal or unjustified Guardianship, a Guardian could be potentially sued for “Abuse of Process” by misusing the filing of Guardianship for the distinct purpose of accomplishing another matter for which a Guardianship is not intended such as confiscating assets from a person unwilling to sign-away their property.
“An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action.” “A respondent or defendant typically claims the other party or plaintiff is misusing or perverting the regularly issued court process not justified by the underlying legal action.” “The elements of a valid cause of action for abuse of process in most common law jurisdictions are:(1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings.”
The courts are being weaponized against “we the people” in what is known as a Kleptocracy which is when the government steals from the people.
It can’t be overstated that the courts are terrorizing “we the people“, an “Where-ever law ends, tyranny begins.” John Locke, Book II of Two Treaties of Government.
The Judiciary failing to Rule by Law has devolved into “Ruling by Tyranny” so that the courts are effectively operating as “slaughterhouses” and countless statistics of “we the people” are the “slaughter” whether through the loss of life, liberty, or property. “If eyes are turned blind to the judiciary not Ruling by Law, then we’ll never see justice.”….Elaine Mickman
* Hobbs Act- Under 18 USC 1951 is a federal law prohibiting extortion by wrongful use of force or fear, or the attempt of these crimes affecting interstate or foreign commerce.
* Bivens Suit- A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the US Constitution by federal officers acting.
* Civil Rights 42 US 1983 (civil) / 18 US 241 (criminal)
* Conspiracy 42 US 1985 (civil) / 18 US 242 (criminal)
On Monday night, 17 January 2022, Marti Oakley and John Leckrone will be discussing jurisdiction, what it is, how it is given or taken and how it is used to extort and enslave people. John will also discuss how the kangaroo courts use a foreign language and fraud to get “jurisdiction” for their criminal conspiracy. John Leckrone and Marti Oakley are investigative journalists who expose the new world order agenda for what it is and shine the light of truth on the tyrant’s criminal agenda. The show begins at 8 p.m. Eastern Time, 7 p.m. Central, 6 p.m. Mountain and 5 p.m. PacifHit #1 if you wish to speak to the host.
Please welcome a new addition to PPJ writers: Elaine Mickman. Elaine has been dragged, stomped on, torn up and left in the dust after dealing with corrupt family courts.
“After the court system “asset-stripped” this woman and “perfected injustice“, the court ordered-away and canceled-outher Constitutional Rights to silence her and censor her cases plagued with fraud and “cover-ups” by “gatekeeping” her court-access, amounting to nothing less than a “judicial-hit-job.” The book is intended to inform and educate the public, and “sound an alarm” to prompt positive reform.”
Court-Gate…the Courts “Divorced from the Law” : Without Liberty or Justice at all
It is an unfortunate fact that most Americans know very little about the form of government we have been placed under. I say ‘placed under’ because the relationship which has been created by stealth, deception, lies and confusion is predicated on keeping the American people absolutely stupified, distracted, controlled AND .
We now have a situation in which the Rules of the United States Supreme Court were changed without the knowledge or consent of the American People, forever altering our form of Government as prescribed by the Constitution for the United Stated of America.
As you will plainly see, The Supreme Court is no longer an Article III court, but is now an extension of the Office of President and the executive branch of government. THERE ARE NOW ONLY TWO BRANCHES OF GOVERNMENT if that can be believed.
According to the Constitution for the United States of America, there were to be three separate but equal branches of government which established a system of “Checks and Balances” on the other branches, with the true power reserved to The People, themselves. We were all told this over and over and over again and we were proud of such a well thought out system!
The three branches we were told were: Executive( President), Legislative (Senate and House of Representatives) and Judicial (Supreme Court and lower Courts).
Now, we find there has been skullduggery afoot and the Rules have been changed placing the Supreme Court ( and the lower courts) under the President of the United States AS A VASSAL SUBSIDIARY. Never has this happened before….
Please note the explicit wording of Rule 45 below.
1. All process of this Court issues in the name of the President of the United States.
We are now under a dictatorship with no independent Judiciary and no checks and balances. WAKE UP!
1. All process of this Court issues in the name of the Presi-dent of the United States. 2. In a case on review from a state court, the mandate issues 25 days after entry of the judgment, unless the Court or a Justice shortens or extends the time, or unless the par-ties stipulate that it issue sooner. The fling of a petition for rehearing stays the mandate until disposition of the petition, unless the Court orders otherwise. If the petition is denied, the mandate issues forthwith. 3. In a case on review from any court of the United States, as defned by 28 U. S. C. § 451, a formal mandate does not issue unless specially directed; instead, the Clerk of this Court will send the clerk of the lower court a copy of the opinion or order of this Court and a certifed copy of the judgment. The certifed copy of the judgment, prepared and signed by this Court’s Clerk, will provide for costs if any are awarded. In all other respects, the provisions of paragraph 2 of this Rule apply.
The Robert Bozgoz whistleblower employment case is one of the worst examples of Veterans Administration retaliation and corruption ever.
This is a compelling story that shows how far a multi-billion dollar executive branch agency will go in their efforts to retaliate, intimidate, harass and terrorize an employee who dares to speak out. After multiple court appearances, and then enduring deprivation of rights, illegal access to personal files, falsified statements on the record, conflict of interests with at least one judge, a failure of whistleblower protections, among many other rights and employment violations,…the Bozgoz’s continue to fight for their rights and benefits.
Tonight will focus on “jurisdiction”.
•Jurisdiction may be broken down into two categories: personal jurisdiction and subject matter jurisdiction.
•Subject matter jurisdiction:
Subject matter jurisdiction means that the court has the authority to hear the type of case or controversy initiated in its court. (Example: Stalking and Harassment See Statutes)
•Solution in Court:
•(1) Laws and Statute: the court must proceed exactly according to the law or statute under which it operates
•(2) Motion to Strike
•(3) SMJ Challenge (Go to the records)
•(4) Subpoena competent fact witnesses
•(5) Obtain a copy of the recording/transcripts
•(6)Affidavits
•(7)Request Reasonable Accommodations
•(8) Request Media
•(9)Request Testimony by phone
•(10) Request ADA Representatives
•(11) Be aware of Gaslighting
•Personal jurisdiction is the requirement that a given court have power over the defendant, based on minimum contacts with the forum.
•While litigating parties may waive personal jurisdiction, they cannot waive subject-matter jurisdiction.
•In federal court, under the Federal Rules of Civil Procedure, a motion to dismiss for lack of subject-matter jurisdiction is considered a favored defense and may be raised at any point in the litigation process, even if the parties had previously argued that subject-matter jurisdiction existed.
Christine Morrison, author of “Judicial Criminals” joins us this evening to talk about her book, which is available on Amazon.
Christine addresses the erosion of law in what was supposed to be our judicial system. Having been exposed personally to the abuses of the courts, and the avoidance of actual law, she was subjected to fraudulent domestic court litigation. She realized it benefited only the best interests of court players…judges, attorneys, and others.
This is a story of perversion, criminality, and consequential social decomposition. It is a story of depraved, pathological minds using thuggery, weaponry, and unthinkable brutality to obtain selfish, illegal, and antisocial goals. It is a story of a uniquely American criminal conspiracy that even the mafia would envy. This is the story of the current tyrannical state of the American judicial system, how it has evolved itself into one of the most heinous, pernicious, and harmful criminal organizations in American history—and how those who comprise it—American judges—literally get away with murder. My story focuses on participants in modern American litigation, including me (Christine Morrison) and my captors and tormentors—American robed tyrants known as judges. I share the experience within this “systemic criminal enterprise” operated according to the craven desires of the “family law industry,”—yes—an industry. The industry is populated by “specialist” lawyers, judges, social workers, psychologists, cops, and their parasitic cadre of extortionists, fraudsters, and malingerers—who’s business model is identical to that of the mafia—use power, influence, fear, and intimidation to deplete the core of America—it’s young families—by manipulation of the machinery of American family courts. The thuggery is topped by community leaders, highly educated, well-known, and influential, yet mysteriously robed, skillfully, quiet: American judges.
A South Carolina lawmaker is proposing the most sweeping changes in two decades to the state’s magistrate system after an investigation by The Post and Courier and ProPublica exposed how politics and flawed oversight provided fertile ground for incompetence and corruption on the bench.
The legislation filed Wednesday by Sen. Tom Davis, a Beaufort Republican, would bolster the required legal training for magistrates who aren’t lawyers, increase protections for the many criminal defendants who appear before them and add a layer of scrutiny to magistrate appointments — posts that often go to politically connected insiders.
As the news organizations reported last month, South Carolina’s roughly 320 magistrates handle hundreds of thousands of cases each year, but most have never practiced law in their life; to qualify for nomination to the lower courts, applicants need only to earn an undergraduate degree and pass basic competency exams. As a result, these little-watched judges can sentence someone to jail for months or saddle them with thousands of dollars in fines, but have less required training than the state’s barbers or masseuses. READ MORE HERE
Join Coz & Marti tonight as we highlight more of the “Ottholes on Parade”. Joining us will be Elaine Mickman and “Rebecca”.
Thanks to Judge Stanley Ott, some of the Ottholes have 100’s of “wards of the state”. Individuals who have been targeted, kidnapped, isolated and now are subjected to trauma based bonding. No one can visit them. No one can talk to them. No one can know what condition their health is in. The predators assure them that only THEY care….after all….no one else is visiting them. Of course they don’t tell the victim that they won;t allow anyone else to visit them. And could someone please explain to us how one guardian can possibly manage all the life decisions, medical care and financial decisions for hundreds of people that they themselves rarely if ever see or communicate with?
We will also be discussing the coming Montgomery County,Pennsylvania elections and the attacks coming from the courts on women involved in divorce.
ALLEGED MASSIVE ELDER ABUSE AND EXPLOITATION RING IN MIGHIGAN PROBATE COURTS
The guardianship system isn’t new; in fact, it’s rooted in medieval English law. Every US state still uses some form of the system, which, at its best, is designed to protect citizens who are no longer able to protect themselves by declaring them wards of the state. We know, of course, that the system is rarely at its best, with increasing reports of abuse cropping up nationwide, prompting Congressional calls for reform.
But the level of controversy over how guardianship cases are handled in one Detroit-area probate courtroom has reached such heights, the story reads more like Orwellian fiction than it does a model of the American experience.
An unsettling number of accusations have been leveraged against the court, citing abuse, neglect, robbery, and exploitation, often in cases that arguably didn’t merit guardianship in the first place. In as little as a year, “incapacitated wards” are stripped of the entirety of their savings and possessions and rendered completely reliant upon social services and benefits such as Medicaid. Even high-profile families, including the estates of Rosa Parks and Aretha Franklin, have been drawn into the quagmire.
Award-winning investigative journalist Gretchen Rachel Hammond spent the past 13 months independently investigating a systemic problem at the Oakland County Probate Court, which has allegedly been shielded by the highest levels of Michigan government for the past 30-some years. With the help of a forensic accountant, three Wayne State University Journalism School researchers, and thousands of corroborating documents, she has published a first-of-its-kind exploration into the court system, its four judges, four guardians, and the stories behind more than 2,200 wards.
Background:
In July 2018, Hammond engaged in a freelance, self-funded investigation to determine if alleged abuses at the Oakland County Probate Court were systemic.
Discoveries include the forced separation of families and isolation of the vulnerable; fraudulent petitions for guardianship by Adult Protective Services investigators; massive overbilling; the forced removal of individuals from their homes and the placement of them in nursing facilities or unlicensed group homes with subhuman living conditions; real estate fraud; and missing assets that number in the millions of dollars.
The investigation met with constant challenges, including threats and harassment by Oakland County Sheriff’s officers. A surreal March 12, 2019 four-hour meeting between Hammond’s team and Michigan Attorney General Dana Nessel’s staff led to a new line of inquiry and discoveries of campaign ties between Nessel, Whitmer and Oakland County Probate Court Chief Judge Kathleen Ryan and her family.
Biography
Gretchen Rachel Hammond is an award-winning freelance investigative journalist based out of Chicago. Her work has won or been nominated for four successive Chicago Press Club awards, been recognized by the National Association of Lesbian and Gay Journalists (NLGJA), and covered topics such as criminal justice, abuse at ICE detention facilities, and alleged discrimination on the part of the Illinois Department of Children and Family Services leading to the unnecessary separation of children from their parents.
GRETCHEN IS AVAIL FOR INTERVIEW AND THE FULL 5 PART SERIES IS AVAIL
On the morning of Tuesday, July 16, 2019, Connie Reguli received a phone call notifying her that there is a warrant out for her arrest.
She will be turning herself in to the Brentwood Police Department on Wednesday morning.
Connie has never been arrested before. The founder of the Family Forward Project has no criminal history, nor have there been any allegations of criminal activity. Yet, for doing her job as an attorney to have the voice of her client, a parent, be heard, she is being criminally charged.
Retaliation like this, Connie says, is the reason that families often cannot get legal help when their children are taken from them. Attorneys who fight for clients’ Constitution rights such as due process and who fight against corruption are often threatened or bullied into backing down.
This makes it difficult for parents whose children are taken by Child Protective Services, no matter how unjustly. Many attorneys are simply scared.
More often than not, the allegations against parents are baseless and end up being unsubstantiated. According to the U.S. Department of Health and Human Services “Child Maltreatment” Report, only 17% of allegations against parents are substantiated. (See link.)
The charges against Connie Reguli are facilitation of custodial interference and accessory after the fact of custodial interference in the case of a client she represented. The client is also facing charges of custodial interference.
The client’s children were seized by the Tennessee Department of Children and Families (DCF) based on an “ex parte order.” That is, the order was brought before a judge and signed by a judge without notifying the mother or her attorney.
As the mother’s attorney, Connie Reguli asked for her client to have due process and get a court date where she could be heard after the children were seized on the basis of an ex parte order.
Ex parte orders are supposed to be reserved for times when there is an emergency situation, one in which there is risk of irreparable harm if parties have to wait for a court hearing. All too often, however, they are the normal practice in Child Protective Services cases.
In the case in question, there was never any evidence of the allegations against the mother, and the petition against her was ultimately dismissed. However, DCF took her children away from her, put them in several different foster homes, and subjected the children to almost a year of trauma before the case was dismissed and the children returned home.
Action Sparks
Connie will be turning herself in around 11 am. She anticipates being released on her own recognizance.
Anyone who would like to support Connie Reguli is invited to come to the Brentwood Police Department, 5211 Maryland Way # 1000, Brentwood, TN 37027, at 10:30 am on Wednesday, July 17.
Calls may be made on Connie’s behalf to the Williamson County District Attorney Kim R. Helper at (615) 794-7275. She is also on Facebook.
As a former Marine who served from 1960 to 1964 and also during the Cuban Missile Crises, I am here today to encourage all people in America to give honor to all of those where honor is do. Through, the centuries there have been millions of Americans who went to war and lost their lives for the cause of freedom while the very word freedom, in this case, is a term that most likely fits into the understanding of what is reflected in the U.S. Constitution and the Bill of Rights that traditionally refers to the first 10 amendments of the Constitution. When followed by law enforcement and the courts correctly, this document represents American’s core values which also points to the popular phrase that was written in the Declaration of Independence, which is “Life, Liberty, and the Pursuit of Happiness.”
For the record, there is not one country in the world that has these basic constitutional protections for its people which was bestowed upon us by those great founders of our first government. One of the basic reasons why the Bill of Rights was so important is that it was meant to protect the people from any and all injustices and from their own government. However, in spite of these protections, many corrupt agencies, courts and judges in the past and today have dishonored the people’s rights and those magnificent protections within the Bill of Rights and thereby dishonored those millions of persons who fought for freedom through the ages.
Today, nations such as China is a perfect example of a lost country which has no protections for its people to where minimal freedoms are delegated to only those who fulfill the mandates and requirements of the totalitarian Communist State, which is, by the way, being ruled by the present Emperor, Xi Jinping, appointed for life and was not voted in by the people through a democratic process.
While the sad plight of the Chinese people is obvious because of its government’s massive electronic web of surveillance, there are other countries to where freedom now lies in the balance, and yes, this includes America, the UK, Russia, Belgium, the entire European Union and more. The intrusion of the people’s privacy is well known, as is the massive web of surveillance and the data that is being collected and archived by various corporations and governments, which should stand as a dire warning to all people who seek basic unalienable rights and freedoms. The world has rapidly drifted into a high tech behemoth where monumental trials and tribulations are already here and will continue as great governmental injustices mount while citizens, regardless of legal statutes, will be tracked while being under suspicion with no probable cause. In terms of overall privacy protections and the surveillance factor, the US today has the worst ranking in the democratic world. This is truly heartbreaking.
This goes to say that America’s freedoms are now being lost at light speed as documented here by Privacy International with a map of the surveillance Societies around the world and showing the UK, US, Russia, China and others in black as designating “endemic surveillance.”
These facts should leave liberty loving advocates speechless when considering the blood and precious freedoms that our heroic American’s fought for while freedom is now vanishing into a black hole. It is urgent that “we the people” begin to make a move for the sake of righteousness and natural rights in order to set the captives free. Let us work now while there is light, for the darkness comes when no one can work.
From Neil Shelton and award winning Author Guy Lozier, winner of multiple S.A.B.F. Gold Literary Achievements comes this True Life Crime Story right out of the Twilight Zone as featured on the Fox News Network’s ‘The Buckley Report’ by Bob Buckley…
There’s Blood on the Streets of Mayberry… Order HERE!
Growing UP Mayberry “Just the Facts” Volume 1 LEVERAGE, gives a glimpse into the other side of America’s Hometown of Mount Airy (also known as Mayberry), North Carolina that most never experience nor could imagine experiencing. More
We have all been taught since childhood that the United States is a democracy. I used to just accept that without questioning it. However, democracy is not automatic. It is a constant struggle to make sure no individual or entity takes control of the whole government.
The United Stated has the structure of a democracy with three different branches of government. There are supposed to be checks and balances between the three branches to prevent abuse of power by any one of the three branches of government.
The tripartite system of government is commonly ascribed to the French political philosopher Baron de Montesquieu. Having three branches of government is a necessary but not sufficient condition to insure a democracy. Montesquieu pointed out an additional requirement. The personnel of the three branches must not coincide. If a single person or entity controls all three branches, this destroys the checks and balances. The government ends up being an oligarchy.
Brian Kinter of Judicial Accountability Movement (JAM) joins me to welcome John Leckrone to the show. John also co-hosts two shows on Blogtalk. One of the most knowledgeable people we have on the realities of the “courts” and law that we have available to us! This should be a lively and informative show.
John Leckrone is a husband, father, researcher, lawyer (not a BAR attorney), teacher and whistleblower. He started his journey seeking truth at only 5 years old when his mother told him about the John F. Kennedy murder. When he was 8 his father taught him the difference between fiat currency are real money (gold and silver) and that the Federal Reserve was a corrupt banking cartel. He has spent his entire life seeking after the hidden truths behind the biggest crimes in world history.
You can follow John on Facebook at https://www.facebook.com/john.leckrone.16 where you can read all about America’s hidden history and how to deal with the corruption of the court system and government. You can find him on the radio with Kiler Davenport on the 4th and Baker show and on Between the Lines with Victoria Onorato and Kiler Davenport here http://www.blogtalkradio.com/apri2018
Edith + Eddie, the Academy Award nominated documentary that addresses the issue and horrors of abusive Guardianships appears to be the odds on favorite to win in its category.
Therefore, we must all support this documentary! We know for a fact that most people are not aware of the dark side of Guardianships unless it has touched them or someone they know. This film has the opportunity to spark a national conversation and for that reason alone it must win.
So PLEASE! everyone we need a twitter storm with the #EdithEddie#Oscar2018 Edith+Eddie
PLEASE!! Do this today and tomorrow and the next day if you have to~!
Edith+Eddie Poster
Edith and Eddie, ages 96 and 95, are America’s oldest interracial newlyweds. Their love story is disrupted by a family feud that threatens to tear the couple apart.
Director: Laura Checkoway
Some of a few of the many exhibits Hathaway presented for supporting arguments for lack of Subject-matter jurisdiction include: 1) Their marital home was in New Hampshire. Hathaway never lived in Oklahoma, and XXX (referring to Hathaway’s estranged husband) wasn’t living in Tulsa County. XXXswore their marital home as his legal residence when he applied for a P.O. box, 2) XXX obtained a New Hampshire’s driver’s license on June 27th 2014- just weeks before filing- where he swore that he lived in New Hampshire, 3) Their marriage certificate listed New Hampshire as their legal address 4) Confirmation from the US Postal Service (USPS) that XXX permanently changed his home address from Tulsa to New Hampshire 5) dozens of resumes which XXX sent to potential employers where his return address was New Hampshire 6) While Hathaway examined XXX for her motion to vacate the suit due to lack of jurisdiction, he admitted that he did not have a residence or stay anywhere in Tulsa County during the time period required to claim Subject-matter jurisdiction. Clearly, he relied on his insiders to take care of things.
Miller, during an argument with XXX’s attorney, even threw Hathaway a bone, saying, “I don’t understand why a driver’s licenses would not be admissible to go to evidence of where a person’s residence is in a hearing on Subject-matter jurisdiction.”
Judge Miller noted that Subject-matter jurisdiction came down to, “was the petitioner a resident of Oklahoma for six months prior to filing the petition?”
When XXX testified, he insisted that he was domiciled- or had a residence in-Oklahoma at the time he filed his petition in June 2014, but when asked to provide his address, he responded, “I did not have a formal address in Tulsa.”
He even repeated this assertion when Miller asked him the same question minutes later.
JUDICIAL ESTOPPEL
Just as XXX knew he could rely on Hughes and Hastings, lawyers on XXX’s behalf, Hughes knew they could rely on Miller to make it all work. All they needed was something with the veneer of legitimacy: thinking Hathaway didn’t know better. Judicial Estoppel is a legal technicality which “prevents a party from asserting a position in one legal proceeding that directly contradicts a position taken by that same party in an earlier proceeding.” According to the Cornell Law Review.
Hughes and her team argued because Hathaway had come to Oklahoma to challenge the lawsuit, this implicitly gave the state jurisdiction, except, as in this case,without Subject-matter jurisdiction, Judicial Estoppel is moot. They all know it.
Hathaway knew there was no Subject-matter jurisdiction, but couldn’t prove it until discovered additional evidence that was rock solid. Knowing she could prove it, she motioned to vacate the suit in a county that by law cannot hear or rule over the matter.
Put another way, you aren’t allowed to go to New Hampshire’s Department of Motor Vehicle and swear you live there and turn around and tell a court in Oklahoma weeks later you live in that state, if all your evidence is a storage receipt.
By all rights, it was a slam dunk. No evidence was presented to overcome the lack of Subject-matter jurisdiction as the defense relied solely on Judicial Estoppel.
That’s fraud, and neither estoppel nor anything else can be achieved by fraud, unless your friends with facing the Orwellian Miller appointed by the upstanding Presiding Judge Linda Morrissey who ignored requests to review the gross negligence claimed in this matter in her court.
By all rights, it was a slam dunk. No evidence was presented to overcome the lack of Subject-matter jurisdiction as the defense relied solely on Judicial Estoppel.
Miller denied Hathaway citing Subject-matter jurisdiction as the key to vacating the suit. Yet, The Hughes Team didn’t use that dedense! If they had, it was still a slam dunk.
Still, knowing Subject-matter jurisdiction overrides Judicial Estoppel (the defenses claim), Hathaway filed an emergency motion for reconsideration, arguing that Judicial Estoppel does not apply because subject matter was not established. This caused Miller to augment his rulings the next day in court.
“I apparently, I left the impression and I want to correct it, that the only basis for my ruling yesterday was on the basis of Judicial Estoppel. It’s my intention to indicate that after hearing those many hours of testimony, the facts support that this court has Subject-matter jurisdiction,” the Orwellian Judge Miller stated at this hearing, “He was a resident based on the factual record presented.”
Factual Record information from Cornell University Law School Includes:
“In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.”
The “factual record” evidence consisted of a Tulsa storage unit receipt.
Months after a Minnesota Appeal’s Court Judge ruled that Sandra Grazzini-Rucki was capable of paying nearly $1,000 per month in child support, the same judge ruled that paying several hundred dollars in her ex-husband’s court costs would be too burdensome.
On December 1, 2017, Minnesota Appeal’s Court Judge Jill Flaskamps Halbrooks ruled that Sandra Grazzini-Rucki paying for David Rucki’s court costs.
“Although David Rucki prevailed on appeal, it appears that allowance of the claimed costs and disbursements would cause financial hardship, in light of the district court’s determination that appellant (Sandra Grazzini-Rucki) is entitled to proceed in forma pauperis.”
When someone receives in forma pauperis status, they are deemed to poor to afford an attorney.
Sandra Grazzini-Rucki has been represented in her divorce since early 2013 by Michelle MacDonald, who has worked pro-bono since receiving a $5,000 payment at the beginning of the case.
The same Judge, Jill Flaskamps-Halbrooks, ruled in September 2017 that Sandra Grazzini-Rucki had the ability to pay her ex-husband $975 per month in child support, despite Grazzini-Rucki being convicted of six felonies, homeless, and unemployed.
“Grazzini-Rucki asserts that she had no ability to pay child support because her employment with the airline was ‘in flux’ and that the CSM made ‘vague, generalized and conclusory findings’ that did not justify imputing income under Minn. Stat. § 518A.32, subd. 1.5 But these assertions misconstrue the record, particularly the evidence admitted during the September 2016 hearing. The CSM found that after Grazzini-Rucki was released from jail, she submitted a document in March 2016 that stated that she currently worked as a flight attendant Grazzini-Rucki testified, and the CSM acknowledged, that her status of employment was unknown at the time of the September 2016 hearing. But Grazzini-Rucki did not provide any evidence that her employment status had changed or that her employment had been terminated after March 2016.” Judge Flaskamps-Halbrooks asserted in her August ruling, when she confirmed that an earlier ruling ordering Grazzini-Rucki to pay her ex-husband $975 per month was appropriate.
After Judge Flaskamps-Halbrooks ruled in his favor in the child support appeal, his attorney, Lisa Elliott, filed to recoup his court costs.
Elliott did not respond to an email for comment.
David Rucki was granted child support even though he already received 100% of a multi-million-dollar estate which included numerous homes, classic cars, and the entirety of a thriving trucking business. More
Author: Elaine Mickman
By Terri LaPoint
![Growing Up Mayberry "Just The Facts" Volume One "Leverage" by [Lozier, Guy, Shelton, Neil]](https://images-na.ssl-images-amazon.com/images/I/51NMc9Coi5L.jpg)
The PPJ Gazette 