Saturday, April 30, 2011

Why failure of court redress causes irreparable harm to careers

Released, Wednesday, April 27, 2011, TOTT, 919 610-5255

If citizens have "respect for the work of the courts, their respect for law will survive the shortcomings of every other branch of the great detriment of society." (The Judicial Process, Henry J. Abraham, 1962)

One either believes in the rule of law, and the Constitution to govern the American society, or you do not.

It has been over 150 years since the ending of the Civil War, it’s worthy of note that "...Before the Civil War, few individual rights had received national protection. Founding fathers observed that State Governors and State legislatures were most likely offenders of individual and natural rights. However, equal protection of individual rights are found every day discussed and debated in our courts by the media.

In N.C. General Statute Section 7A-376, Art. 30. entitled Judicial Standards Commission: "...Disposition of cases for reasons other than an honest appraisal of facts and law as disclosed by the evidence presented, will amount to conduct prejudicial to the proper administration of justice... Inexperience or lack of training is No excuse."

Section 1 of the 14th Amendment of the U.S. Constitution reads in part: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens...nor deny any person ...the equal protection of the laws"

The Nichols v. Chacon Court ruled (2000) arresting officer not entitled to qualified immunity: [since] "...arrestee-plaintiff’s [finger] gesture was clearly established as protected free speech..."

Yet,  Eastern District of North Carolina, Chief, U.S. District Court Judge, Terrence W. Boyle: Feb 25, 2004, Case: 5:04-MC-06: "...[I]t appears the Plaintiff was charged with "disorderly conduct, breach of peace, public disturbance for finger gesture." The Plaintiff...was not appointed counsel in the State proceeding...", he further states: "This filing is utterly meritless.]"

Thus, he acknowledges charges, and the failure to appoint counsel, which is a sworn duty of the Courts, but does nothing.

Article 30, Judicial Standards Commission: "Willful Misconduct is improper and wrongful conduct of a judge acting in his official capacity, done intentionally, knowingly and in bad faith. It involves more than an error of judgment or a mere lack of deligence."

c TOTT 2011, 919 610-5255

Friday, April 15, 2011

Investigation of the N.C. Innocence Inquiry Commission and NC. ACLU sought

Released, Friday, April 15, 2011, TOTT:

The NCIIC created in 2006 by the former Chief Judge, now retired, I Beverly Lake, Jr., of the N.C. Supreme Court purports to "...investigate and evaluate claims of factual innocence..." yet in 1992 he, as an associate Justice of the N.C. Supreme Court, denied a writ of certiorari of my claim of Civil Rights violation of the First Amendment--Free Speech, that was docketed in the U.S. Supreme Court as 92-6940, and published by West Publishing in the N.C. Reporter, 419 S.E. 2d. 578, as a Memorandum Decision.

Because of pressure from Blogs and Facebook, Justice Lake now hopes-- it appears-- to obfuscate his injustice and seeks changes to the Commision he proposed, which is  to: "...change, who investigates "factual innocence," to protect his legacy by "turning over the screening process" of cases  to a non-profit student law group, whose minions can be influenced  and directed by law Professors, who can influence internships; rather than professionals, who have oversight power to enforce punishment for bringing the judiciary into disrepute, as his conduct, and that of Terrence E. Boyle has done.  See 5:MC-6, March 25th. 2004, Chief, United States District Court Judge.

Further, the National Chapter of the ACLU, forwarded my claim to the N.C. ACLU, formerly the North Carolina Civil Liberties Union, Inc., Article III (3a), [see articles of Amendment filed, March 03, 1993], * which claims to have been created "To advance the causes of civil liberties in the State of North Carolina, including the rights of free assemblage, and equality before the law." They have refused to act on my behalf as well.

The N.C. Supreme Court has upheld as free speech the act of "Mooning."  The National  ACLU takes credit for protecting the rights of Neo-Nazi Groups, Westboro Baptist Church, Polygamist, Guantanamo Terrorists. 

In North Carolina,  they have through their prior Executive/Legal Director, Deborah Ross, now a member of the N.C. General Assembly, denied my right to "wait in my car" on the former Mall, or "to protest "police" misconduct," a government agent, by silently, gesturing with one finger my discontent, anger, embarrassment of the officer, who then followed my wife [who is white] and I to issue the ticket.  While the Arkansas District Court in re: Nichols v. Chacon, 110 F Supp 2d. 1099. [2000], decrees that Symbolic Speech is well-established, and protected as Free Speech under the Constitution.

While my  latest N.C.Division of Motor Vehicle Driving Record shows the 02-14-92 conviction for Running Red Light, this event occured the date of the gesture, [now removed from the report] was followed my making a left-turn-on-red at the Intersection of [then] two intersecting one-way streets, clearing the intersection--required by law-- for approaching bluelight and siren, or emergency vehicles. MVLNC 20-157.

I have received no notice from the State of any change in the record, or consideration of my request submitted in writing to members of the General Assembly, the N.C. Supreme Court, and the Governor for an apology, and some modest compensation for this 19 years of abuse--two years longer than Gregory Taylor's claim of innocence and exoneration, though the State has pardoned Taylor, and an 1871 former Governor Holden, who was the first Governor to be impeached.

Does it make a difference that Taylor and Holden were White to do the right thing?

That’s my perspective! What’s yours?

* See CAR5 Corp ID-0103817, Annual Report, Agent o/o Deborah K. Ross.

c Talk of the Town, 919 610-5255

Thursday, April 7, 2011

What's in a name? Depends on who you ask.

Released: Sunday, September 28, 2008, What’s in a name? Not much.

c Talk of the Town 919 610-5255

To the NC Bar, it’s a matter of seeming, rather than being!

Some time ago, according to the Triangle Business Journal, the North Carolina Academy of Trial Lawyers has decided to change their name. I’m not quite sure whether this idea of change is in keeping with Obama’s demand for change in politics, policy or personnel?

What’s in a name anyway? The NC Academy of Trial Lawyers thinks plenty.

Their new name will be "NC Advocates for Justice," and they expect their name now to be more reflective of their mission.

Years ago, in a monologue I did while shuttling the USA Air Flight crew, at RDU,  I spooffed the airlines kidingly by saying:  "Without "US," USAIR is just "Air." They changed their name too.

"Capstrat, " formerly, Capital Strategy, and headed by Ken Eudy, a Public Relations firm do what their name implies teaches how to handle a "High Profile" case should it come to the Capital, or Raleigh.

The former North Carolina Academy of Trial Lawyers, Inc. now dba as an Advocates for Justice are "A nonprofit, nonpartisan association dedicated to Protecting People’s Rights through professional and community legal education; champion[ing] individual rights; and protecting the safety of North Carolina’s families--in the workplace, in the home and in the environment."

What about in the Courts?

Joseph B. Cheshire V, a civil rights advocates, is a member of the Bar, so is Janet Ward Black, Past President of the Bar, and so are approximately 4,000 other members of the North Carolina Bar Association, which uses the mantra, and displays on their letterhead, the blurb: "Seeking Liberty and Justice." Lofty goals to be sure.

May I offer this heads-up to those learned members of the bar from the lay populace: It’s my understanding, the First and the Basic Rule of Law, the most Fundamental Right that people have is the right to Free Speech, whether it be a silent, symbolic gesture of protest, flag burning, arm bands, cross burning, etc. and even finger gesture--yes, even finger gesture. Nichols v. Chacon [2000]; but, however, and more importantly, it should be enforceable.

Members of the North Carolina Bar, you have it slightly backwards. It is the lay-public, or an abused individual that comes and seeks your services and goes before the courts "Seeking Liberty and Justice."  Not the other way around.

It is the province of the Bar Associations to advocate, to help, and to enforce the publics' rights in the courts to obtain that elusive "Liberty and Justice."

c Talk of the Town: 919 610-5255