Recent News

Judge Olds is no longer the President of the AJA, She is back being her usual bias self.

FW: Virginia's Political Truth]

No Justice in our Courts

Recently in Hampton Roads, two decisions in two separate courtrooms illustrated just how corrupt and biased our legal system is. On Tuesday, October 28, the Virginian-Pilot reported that Brandon Jamale Wade (http://hamptonroads.com/2008/10/attackers-sentencing-victim-relives-her-anguish) was sentenced to two life terms plus 123 years, with 85 years suspended for the rape of a 23 year old woman. Norfolk Judge Karen Burrell said that $B!H(BIf the victim stops helping others, then you (Wade) win. That shouldn't happen. There's no way you should walk out of here a winner."

At about the same time in Chesapeake, Judge Randall Smith was sentencing Margaret Garnes (http://hamptonroads.com/2008/10/chesapeake-woman-gets-15-years-killing-spouse)to a mere 15 years for murdering her husband. While I understand that rape is a deplorable crime, I find it hard to imagine that taking a life is less so. Would Wade have gotten less time had he killed his victim?

In both cases, the defendants plead guilty. Garnes never claimed that she acted in self-defense. She shot her husband after an argument as he was trying to leave. Despite that, Smith only sentenced her to a mandatory three years for a firearm conviction and 30 years, with 18 suspended, for the murder.

It$B!G(Bs obvious that race and gender played an enormous part in both sentences. Under current domestic violence laws, Garnes$B!G(B husband could have gotten almost as much time had he just hit Garnes in self defense.

The short answer to these cases is that Smith and Burrell are both biased and incompetent. The long answer is that our state$B!G(Bs judiciary has many bad apples. The worst part is that our political leaders lack the wherewithal to weed them out. As long as bad judges like these two remain on the bench, none of us or our civil rights are safe.

Posted by VP Truth

More on Ms Scott

Link to her site,

On her site I found this "kelly Oct 6 2007 Stacey is wonderful. So helpful, and understanding. I highly recommend her". Yes I'm sure she is, and if this Kelly is the Kelly who I think she is. Then I guess Stacey was great for her. If you call lying to a patient, filing a false report to the courts teaching her how to lie about abuse in order to keep a father from his son. If this is the type of service you need then Stacey Scott is your Dr..

FW: PWC JDR Court Judge declares EVERY SINGLE DCSE Order against me back to the beginning in 2001 to be VOID AB INITIO!!!

 

Great News

From: David Briggman [mailto:briggman@gmail.com]

Subject: PWC JDR Court Judge declares EVERY SINGLE DCSE Order against me back to the beginning in 2001 to be VOID AB INITIO!!!

 

Folks,

I wanted to give you all an update onmy fight against DCSE and their NAZI tactics and void orders.

On Thursday, I was in JDR Court before former Fairfax County Judge Michael Valentine (this guy's got a cool and distinguished resumé) on a Rule to Show Cause for violating a 2005 order — which had been superceded numerous times — but the first order of business was the Demurrer I had filed.

DCSE filed not only a response to the Demurrer, but a motion for sanctions both against me, as well as John Bauserman should he have agreed to argue to the Demurrer on my behalf — which John did quite capably).

Let me preface this by stating I was 100% that Judge Valentine wanted to bury my sorry ass under the Prince William County jail back in February, but I elected to "come current" on DCSE's alleged arrearage prior to the hearing.

On Thursday, I had already prepared a Notice of Appeal (which I think is a good idea for anyone going through a show cause hearing in JDR Court)...but after about 15 minutesof preliminary matters, I had already concluded I wasn't going to need the Notice and I balled it up quietly and placed it beside me on the table.

The sole issue issue we orally argued from the Demurrer was the "non-attorney employee of DCSE" signing legal pleadings — the first they did on my behalf in 2002, which reduced my support obligations for a couple of months retroactively back to the date of filing in 2001. Our argument was that this order — and every single order based on this order were void ab initio on grounds that they were either based on a void order or were void themselves.

While the judge stated that he was in favor on the amended legislation so far as it permits non-attorney employees to practice law by signing these pleadings, he stated that "any first year [law student] would know that the retroactive application of this legislation (which is clearly written into the law) is UNCONSTITUTIONAL.

Ultimately, the Judge sustained my Demurrer and dismissed the Rule to Show Cause. DCSE has 10 days to appeal to Circuit Court...John begged them to do so on my behalf and I ended up laughing my ass off all of the way out of the courtroom...the Judge denied DCSE's motion to reconsider, telling them to take it to Circuit Court.

Needless to say, both John and I were stunned, but we feel that this is the first post-enactment finding on the side AGAINST DCSE and will likely end up again back on the front cover of Virginia Lawyer's Weekly for all attorneys throughout the Commonwealth to read.

What does this mean for me? I think it'll mean an elimination of several thousands of dollars — if not the entire balance of the $13,000 arrearage...should any of you want what is known as the "Briggman defense" in it's complete form, simply email me.

It was a glorious day for non-custodial parents throughout Virginia and could be the beginning of the vacation of 1,000,000 child support orders throughout the Commonwealth.


Dave Briggman

Double standard on Child porn in VA

VIRGINIA BEACH

A member of a Virginia Beach rock band is being held without bond at the Central Virginia Regional Jail on a charge of soliciting child pornography through the Internet.

Christopher Atkinson, also known as Christian Atkins, 23, of Virginia Beach is the lead singer of Celebrity Gunfight. He was arrested in Virginia Beach on Friday, and Louisa County sheriff's investigators transferred him to the Central Virginia Regional Jail, said Major Donnie Lowe, of the Louisa County Sheriff's Office.

Authorities in Louisa, about 50 miles northwest of Richmond, received a complaint Sept. 5 from a woman who reported finding explicit photos of her 16-year-old daughter on the teenager's cell phone, according to court records. An investigator reported the girl acknowledged sending the photos to Atkinson after he requested them, according to court records.

"We're alleging he knew she was 16," Lowe said.

Investigators were aware that the girl's MySpace page listed her age as 18, but Lowe said authorities intend to prove that Atkinson knew the girl was a minor.

"Prior to us placing the charge, we make sure we overcome that obstacle," he said.

Ok so it's ok for her to lie about her age on MySpace, then take nude pictures of herself, then she send those photos via cell phone, to someone else, who is later charge with having those images. My question is why wasn't she arrested for distribution of child porn? She did break the law as well, why isn't she being charge with a crime? It's easy the DA is claiming she is the victim....

VA court changes Mind on Spamming

The Virginia Supreme Court agreed to reconsider its original judgment on the state's anti-spam law, which made it illegal to send email using an anonymous email address or IP address. Their new decision: prohibiting anonymously sent emails is a violation of the First Amendment.

The court noted that "were the 'Federalist Papers' just being published today via e-mail, that transmission by Publius would violate the [current Virginia] statute."

The real problem with the statute is that it's overbroad, said the court, and it can't simply be reworded. We assume this means the state legislature will have to start over, and this time limit the statute to "commercial or fraudulent e-mail, or to unprotected speech such as pornography or defamation."

This is one of those feel-bad judgments—ultimately we agree with the court that the law needs to be more specific in order to limit its power, but in the meantime this means that spam king Jeremy Jaynes, who had been sentenced to 9 years in prison in 2004 under the newly enacted law, is now free to resume spamming until a new, better worded statute can be drafted.

Ryan Frederick Case Update

click on picture to visit his myspace page

CHESAPEAKE

The special prosecutor in the case against Ryan Frederick, the Chesapeake man accused of killing a city detective, wants the murder trial moved out of the Hampton Roads area.

The commonwealth has urged the court for a change of venue from Chesapeake to a court elsewhere in the state. Frederick is to stand trial Jan. 20 in Chesapeake Circuit Court on charges of capital murder, use of a firearm in the commission of a felony and possession with the intent to distribute marijuana.

Paul Ebert, the commonwealth’s attorney from Prince William County appointed to the case, said the trial must be moved because pretrial publicity has made it impossible for the commonwealth to get a fair trial.

Frederick’s attorney, James Broccoletti, said he opposes any move, arguing that the citizens of Chesapeake have not only an obligation but a right to sit in judgment in a case of this magnitude.

Frederick, who turned 29 in the Chesapeake Correctional Center, is accused of fatally shooting Detective Jarrod Shivers on the night of Jan. 17 while Shivers and more than a dozen other officers executed a drug search warrant.

Very interesting, usually its the defendant who ask to have the case move to another part of the state, but here it the DA, who claim he can't get a fair hearing. THIS IS A SET UP THE CHESAPEAKE PD FUCK UP PERIOD and now is blaming Ryan for protecting his home... no or very little weed was found is now enough for any VA DA to charge people with possession with the intent to distribute marijuana. Better watch out if you have any pain killers in your purse you just might get charge with trafficing

‘Tell it to the Judge’ Survey to Query Witnesses, Lawyers About Fairness

I wonder why none of these survey were sent to the Judge who thought of this program home state? Why was VA left out? Is Judge Olds Afraid of what the results would be for VA? Is she afraid of being name a lousy judge ?

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‘Tell it to the Judge’ Survey to Query Witnesses, Lawyers About Fairness

Posted Jul 15, 2008, 12:18 pm CDT
By Molly McDonough

Lawyers, witnesses, police officers and other court participants in nine states will be asked to fill out surveys asking them about the fairness of the proceedings.

The "Tell it to the Judge" surveys are being conducted by 10 judges affiliated with the American Judges Association and in cooperation with the National Center for State Courts.

Surveys pose questions about whether the judge listened to all sides and whether the parties were treated with respect. Participants are not asked to reveal their names, but are asked questions about their race, type of case, how they were involved (juror, attorney, probation officer, etc.) and whether the outcome of the case was favorable to them.

Judges, who preside over misdemeanor and general jurisdiction courts, will begin the surveys this week in Arizona, California, Kansas, Michigan, Missouri, Ohio, Oregon, Nevada, and Texas, according to an AJA (PDF) notice.

Findings will be discussed at the AJA's educational conference in Maui in early September.

Here is what was in the pdf text about this program

People will have the opportunity to anonymously tell the judge how they feel they are being treated in courtrooms across the country today and the rest of the week as the American Judges Association pilots a survey of court users, “Tell it to the Judge.”

In designated courtrooms today in Michigan, Texas, Ohio, Oregon, Kansas, Arizona, Missouri, California and Nevada, ten judges who are members of the AJA have agreed to test a survey, “Tell It to the Judge”. All users of the court parties, attorneys, police officers, witnesses, jurors and observers – will be asked to anonymously tell the judge through a short survey approved by the Research Division of the National Center for State Courts, how they feel they were treated and make suggestions for improving services. The effort is one of several by the American Judges Association, under the leadership of AJA President Eileen Olds, to improveaccess to and fairness in the courts. Results from the surveys completed at the pilot sites will be analyzed by experts at the National Center for State Courts. Judges will get the chance to see how they are perceived and identify areas in which services can be improved. Project results will be discussed at the upcoming annual AJA educational conference in September.