Thursday, February 18, 2010

Senior Resident Superior Court Judge Donald W. Stephens was given an opportunity to review the evidence that the Yates Attorneys obstructed justice by keeping from the court, the evidence that these documents are public record. He was also given the opportunity to do something about it. A Rule 60 Motion was filed and calendared for a hearing...

He responded again by refusing to hold a hearing and ruling not from the bench, but from the myopia of his chambers... (click the graphic below to read the denial order)

His one sentence ruling: "The Rule 60 Motion of Defendant Kenneth C. Johnson is considered and denied." Short and to the point...and during black history month too. Now where are we? Well, the Yates crowd got Judge Stephens to sign an ORDER for Civil Contempt of Court for publishing public records. Judge Stephens refuses to hear that the records are public, but they can't really move for a Show Cause hearing to incarcerate Johnson because he has filed an appeal. So the Court loses jurisdiction to do anything until after the appeal. The Yates Crowd asked Judge John R. Jolly Jr. for an Order Denying the Stay for all 3 cases. Johnson objected to the pending Orders because they didn't say what they were staying, but Jolly signed it anyway. However, as Judge Hobgood stated, after reading the orders "It doesn't say what is stayed!" So basically, it means very little. Under the law, the contempt judgment is null and void and also means very little. (Read the Rule 60 Motion to see why) This whole thing is a mess, but in the end The Constitution will prevail. Partrick and West will receive their discovery requests tomorrow. Of course they will try to delay and object, but this time it's gonna be a little more costly...stay tuned.

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