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People's Counsel presents: the "real" world of Law, Justice, and government
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link to http://peoplescounsel.orgfree.com

5-03-CV-258R, the final federal case before judicial complaints and cases
12-27-04 Peoples Response to southern Ohio USDC refusals & corruption
Response to defendant Ovington 02-09-05 ORDERS
04-27-05 defendant Rice ORDER Dismissing Demand for Grand Jury & Certification of Questions to The Supreme Court
Kentucky Supreme Court Case 98-SC-916-AO The People vs COMMONWEALTH OF KENTUCKY
1998 Kentucky attempt to prosecute for persisent offender with criminally obtained judgements
Ohio 1991 to present, courts, AGENCIES, and other
Senate Report 93-549 Termination of The National Emergency
DMCA agent and other designations, and Notices regarding Peoples' Counsel web site


 PREFACE 
 
  This Brief is presented by the defendant, by himself. 
 
 In this brief you will find that I have presented the errors 
in third person format. This was done so that the court might 
find more fluid understanding or acceptance due to your 
normal presentations. This court may, of course, take 
exception to the format, as apparently the lessor court did 
in it's inferiority complex statement, but I remind this 
court, that I was, and still am, only doing what an attorney 
might have done, or might be presenting in his brief. This is 
again, presented in that light. 
 
 In Atkinson v. Grumman Ohio Corp.(1988),37 OS 3d 80, the 
 
court finds that: 
 
" The right to file an appeal, as it is defined in the 
Appellate Rules, is a property interest and a litigant may 
not be deprived of that interest without due process of law." 
 
 Under the Ohio and United States Constitutions, the court 
 
finds that a citizen may not be deprived of property without 
 
due process and representation. Defendant refers to, and 
 
attaches with this statement, his Supporting document in 
 
appellate record for constitutionally guaranteed rights and 
 
refers to addendum for additional referance. 
 
 
 In Joyce v. General Motors Corp.(1990),49 OS3d 93,551 NE2d 
 
172, reh den 50 OS3d 709,553 NE2d 691, the court finds that: 
 
"Where, in the interest of justice, it is essential for a 
reviewing court to ascertain the grounds upon which a 
judgement of a lower court is founded, the reviewing court 
must examine the entire journal entry and the proceedings." 
 
 In State, ex rel. Beacon Journal Publishing Co., v.  
 
Donaldson (1992), 63 O. St. 3d 173, the court finds that: 
 
 "An appeal may be heard when there is reasonable expectation 
that the same complaining party will be subjected to the same 
action again." 
 
 In Weaver v. Motorist Mut. Ins. Co.(1990),68 O.App. 3d 547, 
 
the court found that: 
 
"An appellate court may choose to reexamine the law of the 
case it has itself previously created, if that is the only 
means to avoid injustice." 
 
 
 Under laws of the court, and state and federal rules, code,  
 
statute, and precedent, the defendant requests review of the 
 
case in whole by the appellate on grounds inferred or stated 
 
in brief, motions presented to both courts, and the records 
 
of both courts. 
 
 The defendant, with this statement, attaches all motions 
 
presented to both courts, directs that they be considered as 
 
Assignments of Error, with progressive,inclusive numeration, 
 
with the attached affidavits, replies, dissertation, 
 
supporting documents with their infered or stated law, 
 
precedent, or legislative intent found in the addendum 
 
inclusions in this brief, or transcript, assigned as Issues 
 
Presented for Review and Aguement, and requests that this 
 
court rule on them also. 
 
 Each judgement stands against manifest weight of the 
 
evidence, each Error indicates violation of rights and  
 
laws, to culminate in a final error, so grieviously wrong 
 
towards the defendant and children, as to indicate 
 
misfeasance of justice. 
 
 And in State v. Mattison(1985,Cuyahoga Co.),23 O App 3d 10,  
 
23 OBR 43,490 NE2d 926 the court finds: 
 
 "In determining whether the decision of a trial court is 
against manifest weight of the evidence, the following 
factors are guidelines to be taken into account by the 
reviewing court:(1) The reviewing court is not required to 
accept as true the incredible; (2) whether the evidence is 
uncontradicted; (3) whether a witness was impeached; (4) what 
was not proved; (5) the certainty of the evidence; (6) the 
reliability of the evidence; (7) whether a witness' testimony 
is self-serving; (8) whether the evidence is vague, 
uncertain, conflicting or fragmentary." 
 
 This state, and my former wife, have held the children and  
 
the myself, under duress, for almost two years, on judgements 
 
that violated rights and laws, and ignored the best interest 
 
of the children and rights of peoples guarantied by law and 
 
the Constitutions under which we all live, rights of the  
 
peoples of the several states, that demand due process and 
 
equal protection. 
preface.txt    NEXT PAGE PLEASE IF APPLICABLE     PAGE NO.p


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