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.
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