saturday. did the dishes, in the new improved sink.
went shopping but havent unpacked the car.
to do: put away dishes
put away groceries
carry stuff from this room to downstairs.
- in progress. did an hour heavy lifting. washed baseboards.
i'm exhausted. 35 roaches.
go over to do list.
plan night's activities: which clubs?
contact schwab re tax records
send texas taxes check
send oil company form letter - do today or tomorrow
call _ stewart re quiet title
Monday, December 12, 2005
Saturday, December 10, 2005
Did: it was a typical "hangover chore" day. I did the dishes, swept, killed roaches, took out the trash. I made a phone call, answered a phone call and sent an email. That was about it. I blogged a little and reread Seymour v Election Enforcement Goon Squad.
(pdf.)
Didn't: I spent the past week in a drugged stupor, and the week before having anxiety, so I havent been getting much done. Did: last night, a friend was in town, so I drove up to Lebanon and had a few beers at a lot lizard lounge. Lebanon is not a 12step program for Lesbians.... I need to call him back to see if he wants to do things tonight - I have his number and he doesn't have mine. It's gotten dark already.
Going out yesterday was an accomplishment - deep snow and bitter cold, had to resist my tendencies to hibernate.
To do: make call. make lease for jeremy. read letter from lawyer. outline memo list.
did: made the call. swept the ceiling, swept the floor. killed roaches. noticed how the front door needs caulked.
to do: cartoon.
(pdf.)
Didn't: I spent the past week in a drugged stupor, and the week before having anxiety, so I havent been getting much done. Did: last night, a friend was in town, so I drove up to Lebanon and had a few beers at a lot lizard lounge. Lebanon is not a 12step program for Lesbians.... I need to call him back to see if he wants to do things tonight - I have his number and he doesn't have mine. It's gotten dark already.
Going out yesterday was an accomplishment - deep snow and bitter cold, had to resist my tendencies to hibernate.
To do: make call. make lease for jeremy. read letter from lawyer. outline memo list.
did: made the call. swept the ceiling, swept the floor. killed roaches. noticed how the front door needs caulked.
to do: cartoon.
Thursday, December 08, 2005
Monday, November 21, 2005
Thursday, November 17, 2005
Did:
fixed truck $50.
haircut $12
redeemed 2331 AJ Brown $619.
deposited oil check.
found out my escrow account's been closed.
submitted overbid claim for 801 e 20th
researched overbid claims.
found out 1221 beville not ready for overbid claim yet -
check back every few months.
mailed texas tax bill $105.
mailed phone bill $100. need to review bill, seemed high.
signed contract for 2331 AJ Brown.
wrote to z.
called and marcella jeff and landam re 2915.
made a comic.
chaged a light bulb
so that's 13 things in one day.. not bad for me.
didn't: buy gas.
get insurance.
check in at 227.
eat a well balanced diet - to do make salad.
to do: write a bunch of memos. revise disc. memo.
write bedtime story.
did yesterday: laundry, dishes, not much else.
fixed truck $50.
haircut $12
redeemed 2331 AJ Brown $619.
deposited oil check.
found out my escrow account's been closed.
submitted overbid claim for 801 e 20th
researched overbid claims.
found out 1221 beville not ready for overbid claim yet -
check back every few months.
mailed texas tax bill $105.
mailed phone bill $100. need to review bill, seemed high.
signed contract for 2331 AJ Brown.
wrote to z.
called and marcella jeff and landam re 2915.
made a comic.
chaged a light bulb
so that's 13 things in one day.. not bad for me.
didn't: buy gas.
get insurance.
check in at 227.
eat a well balanced diet - to do make salad.
to do: write a bunch of memos. revise disc. memo.
write bedtime story.
did yesterday: laundry, dishes, not much else.
Monday, November 14, 2005
Thursday, November 10, 2005
1/11 "Introduction to Pro Bono Law" @ Indiana Supreme Court, Courtroom 317, Indianapolis Credits/Ethics: 6.3 Provider: IPBC
Deals in the works:
Roosevelt $1000
2723 Winthrop
2915 Winthrop
2550 Columbia
23something Andrew Brown
23something andrew brown layton/clayton/whoever.
any others?
writing to do:
disc.
jail lawsuit discovery
sell judgment? re insurance
letter to john day re statute
letter to lambda re statute
letter to bopp re wayne kirk
suit against channel 6.
IRS situation.
- letter to senator
- request schwab info
chart of property sales when and how much.
client letter re Germann et al.
draft of filing in sign case.
securatex.
other stuff as it occurs to me
Habitat
United States Mail:
P.O. Box 1252, Indianapolis, IN 46206-1252
Shipping address:
1011 E. 22nd Street, Indianapolis, IN 46202
Email address:
info@indyhabitat.org
Web address:
www.indyhabitat.org
Office phone:
317-921-2121 (8am - 5pm / Monday-Friday)
Fax:
Heathcock?
Deals in the works:
Roosevelt $1000
2723 Winthrop
2915 Winthrop
2550 Columbia
23something Andrew Brown
23something andrew brown layton/clayton/whoever.
any others?
writing to do:
disc.
jail lawsuit discovery
sell judgment? re insurance
letter to john day re statute
letter to lambda re statute
letter to bopp re wayne kirk
suit against channel 6.
IRS situation.
- letter to senator
- request schwab info
chart of property sales when and how much.
client letter re Germann et al.
draft of filing in sign case.
securatex.
other stuff as it occurs to me
Habitat
United States Mail:
P.O. Box 1252, Indianapolis, IN 46206-1252
Shipping address:
1011 E. 22nd Street, Indianapolis, IN 46202
Email address:
info@indyhabitat.org
Web address:
www.indyhabitat.org
Office phone:
317-921-2121 (8am - 5pm / Monday-Friday)
Fax:
Heathcock?
Wednesday, October 19, 2005
Wednesday, October 12, 2005
227 taxes problem
securatex problem
statute problem
court 13 problem
bmv issue
remaining case - signs.
227 taxes problem
** draft do not send. removie before sending.**
My client Robbin Stewart owns 227 N Temple, parcel #@.
He purchased the property for $17500 and has it listed for sale at $30,000.
The property was reassessed at $56000. Stewart filed a challenge to the reassessment.
The center township assessor offered $30,000 as a compromise figure.
Stewart accepted the offer, by going to the center township assessor's office in the city county building, and signing the paper.
Upon entering the building he was subjected to an unwarranted search.
After Stewart signed the document, accepting the county's offer of $30,000,
the assessor became enraged and yelled at Stewart for 4 minutes. He then attempted to revoke the offer. It was, by then, too late. The contract had formed by Stewart's signing the document.
The assessor then called sheriffs deputies who demanded he leave the building, and escorted hin out, and told hin he could not return that day.
The city/county is in breach of the contract.
It is continuing to tax him based on an assessemnt of $56,000 instead of $30,000.
He seeks an accounting.
He has retained me to, if needed, file suit to recover the oxer-taxation attributable to the breach of contract,
to sue for violation of his rights under article 1 section 11 of the indiana constitution, for his unlawfully being expelled from the building, and
for the violations of his rights under article 1 section 11 for the unwarranted search in order to enter the building,
and, under 42 USC 1983, for violation of procedual and substantive due process.
I suggest you accept the $30,000 figure and issue a refund based on that figure.
The alternative might be costly litigation.
I would remind you that Mr Stewart has previously been successful in litigation against the county, as has the other resident of 225-227 N Temple, Joell Palmer,who was a plaintiff in Edmondson v Indianapolis, _US _ (2000).
We would prefer to settle this amicably.
Cordially
@ sig block.
securatex problem
statute problem
court 13 problem
bmv issue
remaining case - signs.
securatex problem
statute problem
court 13 problem
bmv issue
remaining case - signs.
227 taxes problem
** draft do not send. removie before sending.**
My client Robbin Stewart owns 227 N Temple, parcel #@.
He purchased the property for $17500 and has it listed for sale at $30,000.
The property was reassessed at $56000. Stewart filed a challenge to the reassessment.
The center township assessor offered $30,000 as a compromise figure.
Stewart accepted the offer, by going to the center township assessor's office in the city county building, and signing the paper.
Upon entering the building he was subjected to an unwarranted search.
After Stewart signed the document, accepting the county's offer of $30,000,
the assessor became enraged and yelled at Stewart for 4 minutes. He then attempted to revoke the offer. It was, by then, too late. The contract had formed by Stewart's signing the document.
The assessor then called sheriffs deputies who demanded he leave the building, and escorted hin out, and told hin he could not return that day.
The city/county is in breach of the contract.
It is continuing to tax him based on an assessemnt of $56,000 instead of $30,000.
He seeks an accounting.
He has retained me to, if needed, file suit to recover the oxer-taxation attributable to the breach of contract,
to sue for violation of his rights under article 1 section 11 of the indiana constitution, for his unlawfully being expelled from the building, and
for the violations of his rights under article 1 section 11 for the unwarranted search in order to enter the building,
and, under 42 USC 1983, for violation of procedual and substantive due process.
I suggest you accept the $30,000 figure and issue a refund based on that figure.
The alternative might be costly litigation.
I would remind you that Mr Stewart has previously been successful in litigation against the county, as has the other resident of 225-227 N Temple, Joell Palmer,who was a plaintiff in Edmondson v Indianapolis, _US _ (2000).
We would prefer to settle this amicably.
Cordially
@ sig block.
securatex problem
statute problem
court 13 problem
bmv issue
remaining case - signs.
Wednesday, October 05, 2005
wednesday:
didn't get anything done.
2 loads laundry.
20 pushups (0 last two days)
an email, a phone call.
mostly i've been watching porn - a friend loaned me her password.
one of my blog posts on the Miers nomination got picked up by catallarchy, which was pretty cool. About 30 people read my blog on a typical day. 7000 total hits over a few months.
didn't get anything done.
2 loads laundry.
20 pushups (0 last two days)
an email, a phone call.
mostly i've been watching porn - a friend loaned me her password.
one of my blog posts on the Miers nomination got picked up by catallarchy, which was pretty cool. About 30 people read my blog on a typical day. 7000 total hits over a few months.
Monday, October 03, 2005
Saturday, October 01, 2005
income: 355 oil check. that makes about $900 this month!
227 gas bill $10.
pushups: yesterday: 10 today 135
sorted clothes, swept floor, did a few dishes. dtl goals? mostly writing stuff, outlining stuff.
what i did instead:
cleaned my bedroom for a few hours. watched bikes get fixed.pipe leak and sink fixed.
storage unit!
fix car?
email madison, not done
lindy. done
clean 227.
monday: bank.
someday: go over bank statement.
throw out a trashcan full of junk. part done
take computers and stuff next door.
jewelry doctor. 899-5362
tow truck guy $2600 AAA CJ Hargett
lonnie situation.
client letter.
find out about don victor auto body carmel from sec state.
send chuck release of records form
Dear Ms. Stewart,
My realtor noticed that the title to 47 S Gray still shows as being in my name.
I enclose the info. Perhaps we need to rerecord? Also the assessors office sent a tax statement, which I have misplaced. I think this is something you can handle without needing me, but if you need me to sign anything or do anything I'm happy to.
I may be in the market for a quiet title action at some point. I got the impression that's something you do. Could you give me an estimate what that would run?
Cordially, Robbin Stewart.
Mr. Bob Parker:
(look up address)
Hello. I own some properties on Bloyd and Winter Sts, in an area south of the 23rd & Keystone industrial park. I know you do or have owned some properties around there. I am looking to sell, and am highly motivated. Do you have any interest in these?
sig.
2005 financial statement:
income:
texas oil: 6K + 5K, more or less. - taxable. 11K!
look it up at http://www.oxyroyalty.com
joell $3300
sale of lots:
marlowe $1000
gray $2900
hawthorne2900
winthrop 2500
[ingram] 500
=============
9,800!
2006:
20th 2500
roosevelt 1000
outgo:
250 x 12= 3000 rent minus about $600 from them.
utilities: $100/mo + cable $50/mo = 1800
car - 1000
227 taxes 1100
can write off properties sold at tax sale?
joell, here's a rough draft of the leeter i owe you re the chris situation. I don't expect a response for several weeks because you are traveling, it's more about my keeping up on things.
you have a right of first refusal as to 225/277 n temple, so i won't sell it to anybody else without making you the same offer first.
so below i outline the offer i made to chris. i think, once you review it, that you'll find it's not what you want. but if it is, we can do it.
Offer to chris:
I will sell him the house at $30,000 at 10%, $600 down, $300/mo.
That gives him the right to live in his half, while i continue to rent to you on your half. Once he pays it off, he gets both halves. He would intend to rent to you if you were still there.
Receipts for repairs would count toward the monthly payment, but not toward the capital of $30,000.
We did not specifically discuss taxes and insurance, but traditionally those are the responsibility of the buyer - taxes run around $600, and we would split them 1/2 and 1/2. I just paid $1111.27 in taxes yesterday to get us caught up.
I don't have an amortization table handy, but you can see that with payments of $300, at 30K at 10%, he'd be a long time paying it off. 30 years? I don't know. You do the math.
Neither chris or I has any interest in interfering with your continued occupancy.
I am making you the same offer I made him, out of fairness to you, but please understand it's a worse deal for me:
if i sell to chris i have income from him and income from you.
if i sell to you on the same terms, i have income from you and an empty hole.
Based on what we know about chris, it would be a good place for him to live, but he's unlikely to stay 30 years and pay it off.
That's the general idea of what's goin on.
The offer to chris was tentative - he has to ask his wife, and he was drunk.
But it might work out.
Alternatively, I had met with my realtor right before you came over. We are working on moving my lots - sales have been really good lately. We decided to wait before listing the house until we hear from chris. But i've been planning, ever since i went to jail, to find a realtor and list it for around $30, $32K.
I'm not sure it would sell at that price, so after 6 months or a year I might have ended up taking your offer for $20k, if that still stands?
I have next to me an example of a written offer, I'll make you a copy.
I know you made me one offer that I turned down, I'll review that later to remmber why it didn't work for me.
I bought the house 9 years ago, paying $20K (17.5 +2,600 later + some repairs and water bills etc.) at an auction with the idea that i could hold it as a rental for awhile then sell it for $30K. It didn't work out quite like I planned, but more or less.
I would like to dump it now so I can have less baggage when I move. By "now" I mean within a year. But I don't feel a lot of pressure - the lot sales have been going better than ever before.
227 gas bill $10.
pushups: yesterday: 10 today 135
sorted clothes, swept floor, did a few dishes. dtl goals? mostly writing stuff, outlining stuff.
what i did instead:
cleaned my bedroom for a few hours. watched bikes get fixed.pipe leak and sink fixed.
storage unit!
fix car?
email madison, not done
lindy. done
clean 227.
monday: bank.
someday: go over bank statement.
throw out a trashcan full of junk. part done
take computers and stuff next door.
jewelry doctor. 899-5362
tow truck guy $2600 AAA CJ Hargett
lonnie situation.
client letter.
find out about don victor auto body carmel from sec state.
send chuck release of records form
Dear Ms. Stewart,
My realtor noticed that the title to 47 S Gray still shows as being in my name.
I enclose the info. Perhaps we need to rerecord? Also the assessors office sent a tax statement, which I have misplaced. I think this is something you can handle without needing me, but if you need me to sign anything or do anything I'm happy to.
I may be in the market for a quiet title action at some point. I got the impression that's something you do. Could you give me an estimate what that would run?
Cordially, Robbin Stewart.
Mr. Bob Parker:
(look up address)
Hello. I own some properties on Bloyd and Winter Sts, in an area south of the 23rd & Keystone industrial park. I know you do or have owned some properties around there. I am looking to sell, and am highly motivated. Do you have any interest in these?
sig.
2005 financial statement:
income:
texas oil: 6K + 5K, more or less. - taxable. 11K!
look it up at http://www.oxyroyalty.com
joell $3300
sale of lots:
marlowe $1000
gray $2900
hawthorne2900
winthrop 2500
[ingram] 500
=============
9,800!
2006:
20th 2500
roosevelt 1000
outgo:
250 x 12= 3000 rent minus about $600 from them.
utilities: $100/mo + cable $50/mo = 1800
car - 1000
227 taxes 1100
can write off properties sold at tax sale?
joell, here's a rough draft of the leeter i owe you re the chris situation. I don't expect a response for several weeks because you are traveling, it's more about my keeping up on things.
you have a right of first refusal as to 225/277 n temple, so i won't sell it to anybody else without making you the same offer first.
so below i outline the offer i made to chris. i think, once you review it, that you'll find it's not what you want. but if it is, we can do it.
Offer to chris:
I will sell him the house at $30,000 at 10%, $600 down, $300/mo.
That gives him the right to live in his half, while i continue to rent to you on your half. Once he pays it off, he gets both halves. He would intend to rent to you if you were still there.
Receipts for repairs would count toward the monthly payment, but not toward the capital of $30,000.
We did not specifically discuss taxes and insurance, but traditionally those are the responsibility of the buyer - taxes run around $600, and we would split them 1/2 and 1/2. I just paid $1111.27 in taxes yesterday to get us caught up.
I don't have an amortization table handy, but you can see that with payments of $300, at 30K at 10%, he'd be a long time paying it off. 30 years? I don't know. You do the math.
Neither chris or I has any interest in interfering with your continued occupancy.
I am making you the same offer I made him, out of fairness to you, but please understand it's a worse deal for me:
if i sell to chris i have income from him and income from you.
if i sell to you on the same terms, i have income from you and an empty hole.
Based on what we know about chris, it would be a good place for him to live, but he's unlikely to stay 30 years and pay it off.
That's the general idea of what's goin on.
The offer to chris was tentative - he has to ask his wife, and he was drunk.
But it might work out.
Alternatively, I had met with my realtor right before you came over. We are working on moving my lots - sales have been really good lately. We decided to wait before listing the house until we hear from chris. But i've been planning, ever since i went to jail, to find a realtor and list it for around $30, $32K.
I'm not sure it would sell at that price, so after 6 months or a year I might have ended up taking your offer for $20k, if that still stands?
I have next to me an example of a written offer, I'll make you a copy.
I know you made me one offer that I turned down, I'll review that later to remmber why it didn't work for me.
I bought the house 9 years ago, paying $20K (17.5 +2,600 later + some repairs and water bills etc.) at an auction with the idea that i could hold it as a rental for awhile then sell it for $30K. It didn't work out quite like I planned, but more or less.
I would like to dump it now so I can have less baggage when I move. By "now" I mean within a year. But I don't feel a lot of pressure - the lot sales have been going better than ever before.
outgo: gas bill $100 (for about 3 months)
taxes: $1112
income: $270 joell.
joell wants a letter re rent to buy.
$530? $500 soemthing texas oil check.
so that's
1212
- 800
=====
412.
yesterday: $9 bicycle.
today: $3.50 drink, air.
future:
i can get the overbid for 801 e 20th, about $2500.
I have to wait till a deed is filed then fill out some forms.
so the tax sale can actually be a benefit.
did:
wrote letter to jack cottey at securatex.
met with greg about properties, got a list, went over pros and cons.
need to: mail elizabeth stewart title info re 47 s gray.
ask about quiet title action.
talked w mike neighbor about dan's honda, $200-$300?
maybe trade for transmission work?
didn't: pushups.
find out about preexisting liens.
do any of the main writing projects.
to do: call or write lindy.
outline letter to mom.
make better list.
cle
irs
disc commish
suit against channel 6
suit against cca.
taylor v taylor
majors v abell
outline amicuses for vermont and wisconsin cases?
update blog entry on washingtonm state chamber of commerce case in light of recent decision
check up on status of nevada aclu v heller
something about california?
any fec stuff? request leo smith file.
taxes: $1112
income: $270 joell.
joell wants a letter re rent to buy.
$530? $500 soemthing texas oil check.
so that's
1212
- 800
=====
412.
yesterday: $9 bicycle.
today: $3.50 drink, air.
future:
i can get the overbid for 801 e 20th, about $2500.
I have to wait till a deed is filed then fill out some forms.
so the tax sale can actually be a benefit.
did:
wrote letter to jack cottey at securatex.
met with greg about properties, got a list, went over pros and cons.
need to: mail elizabeth stewart title info re 47 s gray.
ask about quiet title action.
talked w mike neighbor about dan's honda, $200-$300?
maybe trade for transmission work?
didn't: pushups.
find out about preexisting liens.
do any of the main writing projects.
to do: call or write lindy.
outline letter to mom.
make better list.
cle
irs
disc commish
suit against channel 6
suit against cca.
taylor v taylor
majors v abell
outline amicuses for vermont and wisconsin cases?
update blog entry on washingtonm state chamber of commerce case in light of recent decision
check up on status of nevada aclu v heller
something about california?
any fec stuff? request leo smith file.
Saturday, September 24, 2005
process
to do list (brainstorm)
to do list (itemized)
daily task list. - three things for saturday.
to do list
written:
agenda for mike. 3:30 monday.
libel action
no to lots?
dsicovery re jail
what else?
get rid of arrest report
collect on accident case - find insurance company via other insurance company
disc
irs
court 13
AGO
227 tax
mom and lindy
client letter
taylor v taylor status report
securatex
nonwritten:
vaccuum
pay storage bill
227 turn off lights and water.
pay bills.
(write) oct rent check.
pick up trash
call jewelry doctor
take car for fix
6 cle
chuck's listings for greg
did: took out trash
all i've done yet is make the list, and it's past 4:40 already.
to do list (brainstorm)
to do list (itemized)
daily task list. - three things for saturday.
to do list
written:
agenda for mike. 3:30 monday.
libel action
no to lots?
dsicovery re jail
what else?
get rid of arrest report
collect on accident case - find insurance company via other insurance company
disc
irs
court 13
AGO
227 tax
mom and lindy
client letter
taylor v taylor status report
securatex
nonwritten:
vaccuum
pay storage bill
227 turn off lights and water.
pay bills.
(write) oct rent check.
pick up trash
call jewelry doctor
take car for fix
6 cle
chuck's listings for greg
did: took out trash
all i've done yet is make the list, and it's past 4:40 already.
Thursday, September 22, 2005
three things daily task list:
wait for phone call. - woohoo! phone rang! it's a yes on the $3,700 ($4K less commission)(less x in taxes) 1:00 meet marcella. DONE. net about 2,300 - purchase price. 1/2 title work, spcial warranty deed. closing by oct 7.
print rayford letter DONE
go downtown for taxes for 3714 roosevelt, 1909 ingram, 801 e 20th.
tomorrow call back or write re ingraham. done. 227 taxes.
get securatex info. public records request.
that's 3 things.
pick up trash in street. DONE - could use more.
so in order it's
1) print rayford letter
2) pick up trash
3) meet marcella
4) go downtown
to do list
cle hours - 6.
disc commish
- copy dismissal form, send with cover letter.
- facts misrepresented.
- actual facts
- law: statute unconstitutional - allows for abuse of discretion
- significance
irs
call schwab
227 taxes problem - put on caudill list. draft letter.
securatex problem - 1) obtain written standards. review lock seizure.
statute problem - write to john day requesting AGO.
The Honorable John Day,
State Representative
Woodruff Place
Dear Mr. Day,
I am your constituent. I am writing to ask you to request an attorney general opinion. It is my understanding that the AG's office does not issue such opinions
except at the request of an elected oficial.
I have attached a draft of the request.
The statute I have concerns about is IC 35-42-2
Chapter 2. Battery and Related Offenses
IC 35-42-2-1
Battery
Sec. 1. (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery.
My concern is that this definition is unconstitutionally vague, and includes
much conduct that is not within the traditional meaning of the crime of battery, and much conduct that is protected expression under the Indiana Bill of Rights and The First Amendment. A vague statute invites abuse, by giving unfettered discretion to police, to prosecutors, and to juries. A person can be found guilty of being black or poor or mentally ill or gay, for conduct most people engage in. This is particularly important in your district, where the incarceration rates are high, most people are too poor to afford lawyers, the public defender lacks resources to actively litigate cases, bail is unafordablely high and the pre-trial detention facilities constitute cruel and unusual punishment.
The statute, read literally or broadly, prohibits football and basketball, prohibits two angry people from settling their differences with a handshake, prohibits a wife from kissing her husband rudely or insolently, and prohibits rude conduct of the sort found constitutionally protected in Lawrence v Texas.
My situation is that I was arrested and charged with three counts of battery, in what was harmless playground fun. I own a vacant lot on my block which I allow the church to use as a playground. Because of overzealous code enforcement by Health and Hospital, I have to go there periodicly in case anyone has littered, or in case the flowers have gotten more than 12 inches high. I digress. While there, I was asked by the children to play with them, which I did. Perhaps I was unnecessarily rough - no offense was intended, but someone became offended, police were called.
The police and detective never got my side of the story, but jumped to conclusions.
I am openly bisexual in the hood, so I have a reputation as the neighborhood pervert, which led to more jumping to conclusions.
I was arrested and confined for a month in the CCA annex on Washington Street.
While there I was tortured. I was denied medicine and food, deprived of sleep, assaulted by a gang of prisoners, denied access to the law library, prevented from calling my lawyer, had a letter to my lawyer confiscated, was prevented from bringing legal materials to court including a pencil and a bible, and on and on. I am a vegetarian because of my religious commitment to nonviolence, so I was unable to eat most of the food offered. I had a broken tooth and was in extreme pain, but was denied aspirin and such. Without access to my medication, I experienced a nervous breakdown, my second. I have spent the past year defending the case - everything was dismissed eventually - and trying to heal from the nervous breakdown. I paid a ransom of $1000 to get free of the unconstitutional condictions in the jail. But I digress.
The damage done by an unconstitutional statute is not just that someone might be wrongfully convicted; it is also that someone might be wrongfully charged, or wrongfully arrested by a police officer who could then argue qualified immunity.
I am indigent; I have been disabled and unable to work for 5 years. But because I still own my house, I was denied a public defender. This wound up being a good thing, because I got a good lawyer who got the charges dropped because I insisted on going to trial rather than taking any plea agreement. An innocent person in my shoes, given the services of a public defender, would be forced to accept a plea in order to escape the unconstitutional jail conditions. This is unjust and unlawful.
I welcome your help. I thank you for the work you have done for years to fight injustice.
Sincerely,
Robbin Stewart esq.
-- draft do not file
State Representative John Day
State Capitol
[Date]
Honorable Attorney General Steve Carter
5th Floor State Office Building
302 W Washington St.
Indianapolis IN 46204
Dear Mr. Carter
I am writing to formally request an Attorney General Opinion on the constitutionality of
IC 35-42-2
Chapter 2. Battery and Related Offenses
IC 35-42-2-1
Battery
Sec. 1. (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class B misdemeanor.
A constituent, who believes he was falsely charged under the statute, has asked me to have you review the statute for constitutionality under the Indiana Bill of Rights and the First and Fourteenth Amendments.
The key terms of the statute, "rude", "insolent", or "angry" are undefined.
Clearly there is a core area the legislature intended to prohibit - punches in the nose, for example. But the statute isn't so limited.
There are two problems with a vague statute. One is that it doesn't tell a reasonable person what to do or not do, and ends up chilling expressive conduct - hugs, kisses , handshakes. Since it chills speech, it should be reviewed under the O'Brien test, and since it is vague it should be reviewed under the @ test. @@@ review notes.
The other problem is that it confers unfettered discretion to police, prosecutors, and juries, to arrest, charge, and convict, for reasons other than their conduct.
In my district, many of my constituents are poor and black young men, who are disproportionately convicted of this and other offenses. Many believe that the legal system allows for unfettered bias against them, that the inadequate resources of the public defender system prevent them from getting a fair trial, that the unconstitutional prison conditions amount to a badge of slavery, and that they face injustice from the law. I have other constituents who are concerned the vague statute may be used to unfairly target gays, and be used to do an end run around Lawrence v Texas.
The statute, read literally, would seem to outlaw football and basketball, slam dancing, and other forms of cultural expression. It can only be enforced selectively, creating an appearance of bias.
Statutes should be in plain English and have a clear meaning so people know what to do and know if they are being treated unfairly.
Two specific questions:
Is consent a defense?
Is there any limiting construction that should be applied to help avoid the constitutional question?
Thanks in advance,
Sincerely,
Representative John Day.
court 13 problem - clerks are making pleas for citizens, even when citizens object.
this is a due process violation. and unauthorized practice of law.
to do: memo re the problem.
bmv issue - problem: bmv tried to change my name. i have not recieved requested assurances it won't happen again. with voter ID, could cost a person right to vote.
- demand for court order for name change is unlawful. write letter as a start. find old letter?
remaining case - signs. - send status report.
send majors v abell appendix and cover letter. draft temp restraining order?
pack
renew plate DONE
pay bill - which bill? phone electric gas make bill for roommates.
buy truck from lee.
fix car!
three things for friday: take car to shop.
pay bill.
raccoon statement - revise draft.
Public records request:
I, Robbin Stewart, esq., 227 N temple 46201, request a copy of the sheriff department's procedures regulating searches and seizures at the entrances to the city-county building.
I also request a copy of whatever court order or warrant authorizes such search and seizures.
wait for phone call. - woohoo! phone rang! it's a yes on the $3,700 ($4K less commission)(less x in taxes) 1:00 meet marcella. DONE. net about 2,300 - purchase price. 1/2 title work, spcial warranty deed. closing by oct 7.
print rayford letter DONE
go downtown for taxes for 3714 roosevelt, 1909 ingram, 801 e 20th.
tomorrow call back or write re ingraham. done. 227 taxes.
get securatex info. public records request.
that's 3 things.
pick up trash in street. DONE - could use more.
so in order it's
1) print rayford letter
2) pick up trash
3) meet marcella
4) go downtown
to do list
cle hours - 6.
disc commish
- copy dismissal form, send with cover letter.
- facts misrepresented.
- actual facts
- law: statute unconstitutional - allows for abuse of discretion
- significance
irs
call schwab
227 taxes problem - put on caudill list. draft letter.
securatex problem - 1) obtain written standards. review lock seizure.
statute problem - write to john day requesting AGO.
The Honorable John Day,
State Representative
Woodruff Place
Dear Mr. Day,
I am your constituent. I am writing to ask you to request an attorney general opinion. It is my understanding that the AG's office does not issue such opinions
except at the request of an elected oficial.
I have attached a draft of the request.
The statute I have concerns about is IC 35-42-2
Chapter 2. Battery and Related Offenses
IC 35-42-2-1
Battery
Sec. 1. (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery.
My concern is that this definition is unconstitutionally vague, and includes
much conduct that is not within the traditional meaning of the crime of battery, and much conduct that is protected expression under the Indiana Bill of Rights and The First Amendment. A vague statute invites abuse, by giving unfettered discretion to police, to prosecutors, and to juries. A person can be found guilty of being black or poor or mentally ill or gay, for conduct most people engage in. This is particularly important in your district, where the incarceration rates are high, most people are too poor to afford lawyers, the public defender lacks resources to actively litigate cases, bail is unafordablely high and the pre-trial detention facilities constitute cruel and unusual punishment.
The statute, read literally or broadly, prohibits football and basketball, prohibits two angry people from settling their differences with a handshake, prohibits a wife from kissing her husband rudely or insolently, and prohibits rude conduct of the sort found constitutionally protected in Lawrence v Texas.
My situation is that I was arrested and charged with three counts of battery, in what was harmless playground fun. I own a vacant lot on my block which I allow the church to use as a playground. Because of overzealous code enforcement by Health and Hospital, I have to go there periodicly in case anyone has littered, or in case the flowers have gotten more than 12 inches high. I digress. While there, I was asked by the children to play with them, which I did. Perhaps I was unnecessarily rough - no offense was intended, but someone became offended, police were called.
The police and detective never got my side of the story, but jumped to conclusions.
I am openly bisexual in the hood, so I have a reputation as the neighborhood pervert, which led to more jumping to conclusions.
I was arrested and confined for a month in the CCA annex on Washington Street.
While there I was tortured. I was denied medicine and food, deprived of sleep, assaulted by a gang of prisoners, denied access to the law library, prevented from calling my lawyer, had a letter to my lawyer confiscated, was prevented from bringing legal materials to court including a pencil and a bible, and on and on. I am a vegetarian because of my religious commitment to nonviolence, so I was unable to eat most of the food offered. I had a broken tooth and was in extreme pain, but was denied aspirin and such. Without access to my medication, I experienced a nervous breakdown, my second. I have spent the past year defending the case - everything was dismissed eventually - and trying to heal from the nervous breakdown. I paid a ransom of $1000 to get free of the unconstitutional condictions in the jail. But I digress.
The damage done by an unconstitutional statute is not just that someone might be wrongfully convicted; it is also that someone might be wrongfully charged, or wrongfully arrested by a police officer who could then argue qualified immunity.
I am indigent; I have been disabled and unable to work for 5 years. But because I still own my house, I was denied a public defender. This wound up being a good thing, because I got a good lawyer who got the charges dropped because I insisted on going to trial rather than taking any plea agreement. An innocent person in my shoes, given the services of a public defender, would be forced to accept a plea in order to escape the unconstitutional jail conditions. This is unjust and unlawful.
I welcome your help. I thank you for the work you have done for years to fight injustice.
Sincerely,
Robbin Stewart esq.
-- draft do not file
State Representative John Day
State Capitol
[Date]
Honorable Attorney General Steve Carter
5th Floor State Office Building
302 W Washington St.
Indianapolis IN 46204
Dear Mr. Carter
I am writing to formally request an Attorney General Opinion on the constitutionality of
IC 35-42-2
Chapter 2. Battery and Related Offenses
IC 35-42-2-1
Battery
Sec. 1. (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class B misdemeanor.
A constituent, who believes he was falsely charged under the statute, has asked me to have you review the statute for constitutionality under the Indiana Bill of Rights and the First and Fourteenth Amendments.
The key terms of the statute, "rude", "insolent", or "angry" are undefined.
Clearly there is a core area the legislature intended to prohibit - punches in the nose, for example. But the statute isn't so limited.
There are two problems with a vague statute. One is that it doesn't tell a reasonable person what to do or not do, and ends up chilling expressive conduct - hugs, kisses , handshakes. Since it chills speech, it should be reviewed under the O'Brien test, and since it is vague it should be reviewed under the @ test. @@@ review notes.
The other problem is that it confers unfettered discretion to police, prosecutors, and juries, to arrest, charge, and convict, for reasons other than their conduct.
In my district, many of my constituents are poor and black young men, who are disproportionately convicted of this and other offenses. Many believe that the legal system allows for unfettered bias against them, that the inadequate resources of the public defender system prevent them from getting a fair trial, that the unconstitutional prison conditions amount to a badge of slavery, and that they face injustice from the law. I have other constituents who are concerned the vague statute may be used to unfairly target gays, and be used to do an end run around Lawrence v Texas.
The statute, read literally, would seem to outlaw football and basketball, slam dancing, and other forms of cultural expression. It can only be enforced selectively, creating an appearance of bias.
Statutes should be in plain English and have a clear meaning so people know what to do and know if they are being treated unfairly.
Two specific questions:
Is consent a defense?
Is there any limiting construction that should be applied to help avoid the constitutional question?
Thanks in advance,
Sincerely,
Representative John Day.
court 13 problem - clerks are making pleas for citizens, even when citizens object.
this is a due process violation. and unauthorized practice of law.
to do: memo re the problem.
bmv issue - problem: bmv tried to change my name. i have not recieved requested assurances it won't happen again. with voter ID, could cost a person right to vote.
- demand for court order for name change is unlawful. write letter as a start. find old letter?
remaining case - signs. - send status report.
send majors v abell appendix and cover letter. draft temp restraining order?
pack
renew plate DONE
pay bill - which bill? phone electric gas make bill for roommates.
buy truck from lee.
fix car!
three things for friday: take car to shop.
pay bill.
raccoon statement - revise draft.
Public records request:
I, Robbin Stewart, esq., 227 N temple 46201, request a copy of the sheriff department's procedures regulating searches and seizures at the entrances to the city-county building.
I also request a copy of whatever court order or warrant authorizes such search and seizures.
Saturday, September 17, 2005
Friday, September 16, 2005
Tuesday, September 13, 2005
comics with aardvarks
http://kamp.keenspace.com/d/20050513.html
http://www.comics-db.com/Other_Publishers/A/Aardvark/
cerebus and other. ceterus paribus?
http://en.wikipedia.org/wiki/Cerebus
article http://www.americanpopularculture.com/journal/articles/spring_2003/rothenberg.htm
http://www.toonopedia.com/cerebus.htm
http://kamp.keenspace.com/d/20050513.html
http://www.comics-db.com/Other_Publishers/A/Aardvark/
cerebus and other. ceterus paribus?
http://en.wikipedia.org/wiki/Cerebus
article http://www.americanpopularculture.com/journal/articles/spring_2003/rothenberg.htm
http://www.toonopedia.com/cerebus.htm
Monday, September 12, 2005
Saturday, August 27, 2005
To do
Daily Task List: saturday
hit the bars. knock out a few paragraphs. take a bath. grab dinner off the stove before it burns.
To do: writing
first draft
disciplinary commish
becky majors
letter to clients
letter to wayne.
To do - non-writing.
laundry sunday
pay bill re storage unti
pay rent, write note.
agenda for meet w caudill.
To do: writing
first draft
disciplinary commish
becky majors
Daily Task List: saturday
hit the bars. knock out a few paragraphs. take a bath. grab dinner off the stove before it burns.
To do: writing
first draft
disciplinary commish
becky majors
letter to clients
letter to wayne.
To do - non-writing.
laundry sunday
pay bill re storage unti
pay rent, write note.
agenda for meet w caudill.
To do: writing
first draft
disciplinary commish
becky majors
Friday, August 26, 2005
Friday: got nothing done. Sigh.
By nothing, I did update my article on Voter's Education Committee v PDC, and emailed the election law list about it. Yesterday I wrote a post on slashdot that got a 5, and 10 responses. But those don't count any more than making webcomics does.
I might or might not go out to the club tonight - I certainly havent' earned it.
By nothing, I did update my article on Voter's Education Committee v PDC, and emailed the election law list about it. Yesterday I wrote a post on slashdot that got a 5, and 10 responses. But those don't count any more than making webcomics does.
I might or might not go out to the club tonight - I certainly havent' earned it.
Wednesday, August 24, 2005
Thursday:
laundry
something else i can't remember.
The next day, wednesday, I'm having trouble getting started.
It's 2:30 and I've done nothing but the dishes.
and later, dining room.
To do (daily task list).
Review older todolist posts to make new list.
stuff left over from yesterday:
write to joell re what are Rob and Sahiib's last names? get incident report.
client letter.
outline response to motion in Becky Majors.
look up murder story on indy star
call detective re lonnie.
irs.
brainstorm for new lists.
go thru old lists for still current items.
getting soke of this done would be better than nothing - don't get overwhelmed and give up or hide.
stuff left over from yesterday:
write to joell re what are Rob and Sahiib's last names? get incident report.
client letter.
outline response to motion in Becky Majors.
look up murder story on indy star
call detective re lonnie.
irs.
brainstorm for new lists.
go thru old lists for still current items.
getting some of this done would be better than nothing - don't get overwhelmed and give up or hide.
but first, least i could do. bath?
laundry
something else i can't remember.
The next day, wednesday, I'm having trouble getting started.
It's 2:30 and I've done nothing but the dishes.
and later, dining room.
To do (daily task list).
Review older todolist posts to make new list.
stuff left over from yesterday:
write to joell re what are Rob and Sahiib's last names? get incident report.
client letter.
outline response to motion in Becky Majors.
look up murder story on indy star
call detective re lonnie.
irs.
brainstorm for new lists.
go thru old lists for still current items.
getting soke of this done would be better than nothing - don't get overwhelmed and give up or hide.
stuff left over from yesterday:
write to joell re what are Rob and Sahiib's last names? get incident report.
client letter.
outline response to motion in Becky Majors.
look up murder story on indy star
call detective re lonnie.
irs.
brainstorm for new lists.
go thru old lists for still current items.
getting some of this done would be better than nothing - don't get overwhelmed and give up or hide.
but first, least i could do. bath?
Tuesday, August 23, 2005
did:
made list. did things on list:
paid electric bill.
called lawyer.
looked up incident report - needs more work, last names.
found case file- hearing on 13th 11:30.
called AG's office, got name off list.
bought coffee
bought bus ticket
bank
paid lawyer dues, looked up majors info
met realtor, made key
still to do letter to clients, letter to joell
made list. did things on list:
paid electric bill.
called lawyer.
looked up incident report - needs more work, last names.
found case file- hearing on 13th 11:30.
called AG's office, got name off list.
bought coffee
bought bus ticket
bank
paid lawyer dues, looked up majors info
met realtor, made key
still to do letter to clients, letter to joell
Friday, August 19, 2005
plan for the day:
00:30 get drunk
02:00 get caught in rain, go to metro for coffee and kareoke
04:00 pass out
10:00 wake up. slashdot webcomics sploid.
13:30 think about making list and planning day
bath
dishes - done
make better list
letter to clients re status of williamson
letter to john england, wayne kirk.
notes on delaware amicus
notes on b majors case.
find filing
review case file
clean kitchen shelves
pay electric bill
make bill for dan
get greyhound ticket
call caudill for appointment
review outline of media suit
think about letter to state rep
irs!
disciplinary commission.
00:30 get drunk
02:00 get caught in rain, go to metro for coffee and kareoke
04:00 pass out
10:00 wake up. slashdot webcomics sploid.
13:30 think about making list and planning day
bath
dishes - done
make better list
letter to clients re status of williamson
letter to john england, wayne kirk.
notes on delaware amicus
notes on b majors case.
find filing
review case file
clean kitchen shelves
pay electric bill
make bill for dan
get greyhound ticket
call caudill for appointment
review outline of media suit
think about letter to state rep
irs!
disciplinary commission.
Wednesday, August 17, 2005
this was 2/04. at gtstodolist. havent found later entry at ballots.blogspot.com where he eventually replies.
Mike, I called your office in July in reference to Williamson v Long and Majors v IEC, and we spoke about this in August, and I left you a message in December, but I still have not heard from you. I am aware that the commission had a closed meeting in December. Perhaps at that time they reached a decision on my settlement offer which has been outstanding since 2/2002, or is it 2001. Time is of the essense. Please let me know the status of the case, and how you want to handle it. My offer is withdrawn if I have not received any response within 30 days of your reciept of this letter. My clients continue to prefer settlement over litigation, but we need to move forward on this. If you wish to authorize me to discuss this directly with counsel for the commission that would be fine. I'm aware that I'm hard to reach, maybe we've just had a failure to communicate. My email, arbitraryaardvark @ themail.com, and my voicemail are both unreliable, so please respond in writing to 227 N Temple 46201 soonest.
Also, I am writing to confirm our conversation in August that we have discussed the issue of whether my previous status as your client creates a conflict, and decided that it doesn't.
- Robbin.
cc:Rutherford
posted by gt 8:52:48 AM
Mike, I called your office in July in reference to Williamson v Long and Majors v IEC, and we spoke about this in August, and I left you a message in December, but I still have not heard from you. I am aware that the commission had a closed meeting in December. Perhaps at that time they reached a decision on my settlement offer which has been outstanding since 2/2002, or is it 2001. Time is of the essense. Please let me know the status of the case, and how you want to handle it. My offer is withdrawn if I have not received any response within 30 days of your reciept of this letter. My clients continue to prefer settlement over litigation, but we need to move forward on this. If you wish to authorize me to discuss this directly with counsel for the commission that would be fine. I'm aware that I'm hard to reach, maybe we've just had a failure to communicate. My email, arbitraryaardvark @ themail.com, and my voicemail are both unreliable, so please respond in writing to 227 N Temple 46201 soonest.
Also, I am writing to confirm our conversation in August that we have discussed the issue of whether my previous status as your client creates a conflict, and decided that it doesn't.
- Robbin.
cc:Rutherford
posted by gt 8:52:48 AM
Saturday, August 13, 2005
Did:
found court 12.
looked up case info. read case documents.
to do: quickly prepare objection to rule 41 dismissal and motion for partial summary judgment.
bought bike lock, groceries, bug spray, bug hotels, foggers.
yelled at roommates about trash, requested rent.
sprayed bugs.
wrote to sister and ex.
otherwise didn't do much.
ran into old friend online.
bought cheap wine.
drank a sip.
reviewed insurance needs w tenant.
finished bottle of wine.
sprayed bugs.
wrote to possible new realtor for vacant lots.
didn't go to the fair. did't write motion.
found court 12.
looked up case info. read case documents.
to do: quickly prepare objection to rule 41 dismissal and motion for partial summary judgment.
bought bike lock, groceries, bug spray, bug hotels, foggers.
yelled at roommates about trash, requested rent.
sprayed bugs.
wrote to sister and ex.
otherwise didn't do much.
ran into old friend online.
bought cheap wine.
drank a sip.
reviewed insurance needs w tenant.
finished bottle of wine.
sprayed bugs.
wrote to possible new realtor for vacant lots.
didn't go to the fair. did't write motion.
Thursday, August 11, 2005
Monday, August 08, 2005
sunday: did: nothing.
to the club. had fun.
answered some emails.
got high.
found ramen, 6 revereware lids.
to do for monday:
X clean fridge.
clean dining room.
make notes on writing projects -
a paragraph or a page or an outline.
-
cleaned the fridge. i amhung over sick with the flu - the one drink at metro was a glass of gin with a splash of tonic and an ice cube. i better stay in tonight. it's about 85 and feels hot and sluggish.
to the club. had fun.
answered some emails.
got high.
found ramen, 6 revereware lids.
to do for monday:
X clean fridge.
clean dining room.
make notes on writing projects -
a paragraph or a page or an outline.
-
cleaned the fridge. i am
Saturday, August 06, 2005
E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been taken in a civil case for a period of sixty [60] days, the court, on motion of a party or on its own motion shall order a hearing for the purpose of dismissing such case. The court shall enter an order of dismissal at plaintiff's costs if the plaintiff shall not show sufficient cause at or before such hearing. Dismissal may be withheld or reinstatement of dismissal may be made subject to the condition that the plaintiff comply with these rules and diligently prosecute the action and upon such terms that the court in its discretion determines to be necessary to assure such diligent prosecution.
(F) Reinstatement following dismissal. For good cause shown and within a reasonable time the court may set aside a dismissal without prejudice. A dismissal with prejudice may be set aside by the court for the grounds and in accordance with the provisions of Rule 60(B).
(F) Reinstatement following dismissal. For good cause shown and within a reasonable time the court may set aside a dismissal without prejudice. A dismissal with prejudice may be set aside by the court for the grounds and in accordance with the provisions of Rule 60(B).
Thursday, August 04, 2005
saturday: did dishes.
mopped kitchen floor
looked up rule 41e.
thursday:
dishes
X 1 laundry
X 2 read ag letter
--
3 clean fridge
X 4: check trans fluid
release for chuck
X evict jesse
deed for roosevelt.
call mom
clean car
wash kitchen floor
sort food
court 13 problem
irs - write accountant
contact schwab
property tax problem
libel suit
discovery of prison records.
disciplinary complaint
what else?
X $150 to wayne
prison suit - prison city council issues.
make better list
bmv concerns
send deed copy to habitat
X return smith book
respond to AG motion
memo for Caudill
X bank
get roach stuff.
friday dtl:
make better list.
bank.
clean fridge.
cover letter for habitat, print, mail.
release letter for chuck.
draft disciplinary commission memo.
find bike lock.
pay phone bill gas bill.
credit union account issue
mopped kitchen floor
looked up rule 41e.
thursday:
dishes
X 1 laundry
X 2 read ag letter
--
3 clean fridge
X 4: check trans fluid
release for chuck
X evict jesse
deed for roosevelt.
call mom
clean car
wash kitchen floor
sort food
court 13 problem
irs - write accountant
contact schwab
property tax problem
libel suit
discovery of prison records.
disciplinary complaint
what else?
X $150 to wayne
prison suit - prison city council issues.
make better list
bmv concerns
send deed copy to habitat
X return smith book
respond to AG motion
memo for Caudill
X bank
get roach stuff.
friday dtl:
make better list.
bank.
clean fridge.
cover letter for habitat, print, mail.
release letter for chuck.
draft disciplinary commission memo.
find bike lock.
pay phone bill gas bill.
credit union account issue
Wednesday, August 03, 2005
monday:
X pay bills
X do laundry
X buy roach traps
clean fridge
x call lawyer
x deed for chuck
release for chuck
deed for roosevelt.
call mom
X write lindy
X buy poison ivy cream
X to the club
to do:
x put away dishes
X wash
clean car
wash kitchen floor
sort food
x rent storage unit
court 13 problem
irs - write accountant
contact schwab
property tax problem
libel suit
discovery of prison records.
disciplinary complaint
what else?
$150 to wayne
prison suit - prison city council issues.
clean fridge
release for chuck
deed for roosevelt.
call mom
clean car
wash kitchen floor
sort food
court 13 problem
irs - write accountant
contact schwab
property tax problem
libel suit
discovery of prison records.
disciplinary complaint
what else?
$150 to wayne
prison suit - prison city council issues.
wednesday:
dishes
laundry
evict jesse
mail rent check
sleep
read ag letter
X pay bills
X do laundry
X buy roach traps
clean fridge
x call lawyer
x deed for chuck
release for chuck
deed for roosevelt.
call mom
X write lindy
X buy poison ivy cream
X to the club
to do:
x put away dishes
X wash
clean car
wash kitchen floor
sort food
x rent storage unit
court 13 problem
irs - write accountant
contact schwab
property tax problem
libel suit
discovery of prison records.
disciplinary complaint
what else?
$150 to wayne
prison suit - prison city council issues.
clean fridge
release for chuck
deed for roosevelt.
call mom
clean car
wash kitchen floor
sort food
court 13 problem
irs - write accountant
contact schwab
property tax problem
libel suit
discovery of prison records.
disciplinary complaint
what else?
$150 to wayne
prison suit - prison city council issues.
wednesday:
dishes
laundry
evict jesse
mail rent check
sleep
read ag letter
Monday, July 18, 2005
monday:
X pay bills
X do laundry
buy roach traps
clean fridge
call lawyer
deed for chuck
release for chuck
deed for roosevelt.
call mom
X write lindy
X buy poison ivy cream
X to the club
to do:
put away dishes
X wash
clean car
wash kitchen floor
sort food
rent storage unit
court 13 problem
irs - write accountant
contact schwab
property tax problem
libel suit
discovery of prison records.
disciplinary complaint
what else?
$150 to wayne
prison suit - prison city council issues.
X pay bills
X do laundry
buy roach traps
clean fridge
call lawyer
deed for chuck
release for chuck
deed for roosevelt.
call mom
X write lindy
X buy poison ivy cream
X to the club
to do:
put away dishes
X wash
clean car
wash kitchen floor
sort food
rent storage unit
court 13 problem
irs - write accountant
contact schwab
property tax problem
libel suit
discovery of prison records.
disciplinary complaint
what else?
$150 to wayne
prison suit - prison city council issues.
Wednesday, June 22, 2005
wednesday:
1 drycleaning where number = order in which to do. X
deed roosevelt
deed brawner
2 texas taxes check X
3 drum circle thingy X
parking ticket?
court 13 problem
motion to dismiss
cya letter to habitat
go thru old lists, make longer list.
billing dispute shrink letter.
drycleaning where number = order of importance.
2 deed roosevelt
3 deed brawner
texas taxes check
drum circle thingy
parking ticket?
court 13 problem
1 motion to dismiss
4 cya letter to habitat
go thru old lists, make longer list.
friday:
did laundry
got lightbulbs $7
1 drycleaning where number = order in which to do. X
deed roosevelt
deed brawner
2 texas taxes check X
3 drum circle thingy X
parking ticket?
court 13 problem
motion to dismiss
cya letter to habitat
go thru old lists, make longer list.
billing dispute shrink letter.
drycleaning where number = order of importance.
2 deed roosevelt
3 deed brawner
texas taxes check
drum circle thingy
parking ticket?
court 13 problem
1 motion to dismiss
4 cya letter to habitat
go thru old lists, make longer list.
friday:
did laundry
got lightbulbs $7
Thursday, June 09, 2005
Monday, June 06, 2005
Friday, June 03, 2005
Quitclaim Deed
Grantor Charles Brawner grants all his right title and interest in
2715 Winthrop Avenue
Indianapolis Indiana
Legal description: _______________________________________
Parcel # : ____________________________________________
To: Habitat for Humanity of Greater Indianapolis, Inc.
for $10 and other valuable consideration.
This transfers all my rights obtained from a quitclaim deed from Robbin Stewart, and is intended to convey title.
Done this __ Day of June 2005
Prepared by Robbin Stewart
Send Tax Statement to Habitat
Signed,
__________________
Charles Brawner
State of _______ )
)
County of ________ )
Before me a Notary Public for the above county and state, Charles Brawner, known to me and who having been duly sworn, stated that any representations above are true.
Witness my hand and notary seal this ___ day of ___, 2005
My commission expires Signature _________________
Grantor Charles Brawner grants all his right title and interest in
2715 Winthrop Avenue
Indianapolis Indiana
Legal description: _______________________________________
Parcel # : ____________________________________________
To: Habitat for Humanity of Greater Indianapolis, Inc.
for $10 and other valuable consideration.
This transfers all my rights obtained from a quitclaim deed from Robbin Stewart, and is intended to convey title.
Done this __ Day of June 2005
Prepared by Robbin Stewart
Send Tax Statement to Habitat
Signed,
__________________
Charles Brawner
State of _______ )
)
County of ________ )
Before me a Notary Public for the above county and state, Charles Brawner, known to me and who having been duly sworn, stated that any representations above are true.
Witness my hand and notary seal this ___ day of ___, 2005
My commission expires Signature _________________
Thursday, June 02, 2005
Friday, May 06, 2005
Friday, April 29, 2005
Friday, April 22, 2005
Thursday, February 24, 2005
2 check phone messages
4 water heater?
8 other? cable phone
9 shannon
10 227 microwave, mail, monitor, clean up
11 mail!
12 court 13
13 disciplinary commish
14 memo
15 letters to lindy margaret/sam- myspace. mom
16 fold clothes put away laundry... 1
17 car tire ............ 2
18 brakes?
20 bath ................ 0
21 dentist?
22 memo on prison conditions.
23 switch phone companies
24 cable bill switch cable companies
26 plug in tv x get 3' cable
27 number list in order of time and importance. do three things on list.
28 prison visits
29 discovery issues re jail
30 write down finances
32 wisconsin bar
33 learn milwaukee map x
34 pay car insurance .............. ?
35 andrews county
36 post office
37 plan for selling properties
beville
19th
list of properties
38 computers for jewelry doctor
39 cyberia-l re FEC v Wisconsin RtL.
40. write up yesterday.
4 water heater?
8 other? cable phone
9 shannon
10 227 microwave, mail, monitor, clean up
11 mail!
12 court 13
13 disciplinary commish
14 memo
15 letters to lindy margaret/sam- myspace. mom
16 fold clothes put away laundry... 1
17 car tire ............ 2
18 brakes?
20 bath ................ 0
21 dentist?
22 memo on prison conditions.
23 switch phone companies
24 cable bill switch cable companies
26 plug in tv x get 3' cable
27 number list in order of time and importance. do three things on list.
28 prison visits
29 discovery issues re jail
30 write down finances
32 wisconsin bar
33 learn milwaukee map x
34 pay car insurance .............. ?
35 andrews county
36 post office
37 plan for selling properties
beville
19th
list of properties
38 computers for jewelry doctor
39 cyberia-l re FEC v Wisconsin RtL.
40. write up yesterday.
Wednesday, February 23, 2005
1 get visa on instapay
2 check phone messages
x 3 fix bathroom leak
4 water heater?
5 gas bill
6 electric bill
7 water bill.
8 other?
9 shannon
10 227
microwave, mail, monitor, clean up
11 mail!
12 court 13
13 disciplinary commish
14 memo
15 letters to lindy margaret/sam mom
16 fold clothes put away laundry
17 car tire
18 brakes?
19 bloomington?
20 bath before doctor.
21 dentist?
22 memo on prison conditions.
23 switch phone companies
24 cable bill switch cable companies
25 get tv?
26 plug in tv
27 number list in order of time and importance. do three things on list.
28 prison visits
29 discovery issues re jail
30 write down finances
31 go over bills w dan
32 wisconsin bar
33 learn milwaukee map
1 get visa on instapay
2 check phone messages
3 fix bathroom leak x
4 water heater?
5 gas bill 2x
6 electric bill 3x
7 water bill. 4x
8 other? cable phone
9 shannon
10 227
microwave, mail, monitor, clean up
11 mail!
12 court 13
13 disciplinary commish
14 memo
15 letters to lindy margaret/sam mom
16 fold clothes put away laundry
17 car tire 6
18 brakes?
19 bloomington?
20 bath before doctor.
21 dentist?
22 memo on prison conditions.
23 switch phone companies
24 cable bill switch cable companies
25 get tv?
26 plug in tv x get 3' cable
27 number list in order of time and importance. do three things on list.
28 prison visits
29 discovery issues re jail
30 write down finances
31 go over bills w dan
32 wisconsin bar
33 learn milwaukee map x
34 pay car insurance
35 andrews county
36 post office
37 plan for selling properties
beville
19th
list of properties
38 computers for jewelry doctor
30 write down finances
$20 gas $7 laundry $2 coffee
check 4018 $250 ipl
4019 50 ipl 227
4020 100 gas co
4021 40 water bill estimate.
2 check phone messages
x 3 fix bathroom leak
4 water heater?
5 gas bill
6 electric bill
7 water bill.
8 other?
9 shannon
10 227
microwave, mail, monitor, clean up
11 mail!
12 court 13
13 disciplinary commish
14 memo
15 letters to lindy margaret/sam mom
16 fold clothes put away laundry
17 car tire
18 brakes?
19 bloomington?
20 bath before doctor.
21 dentist?
22 memo on prison conditions.
23 switch phone companies
24 cable bill switch cable companies
25 get tv?
26 plug in tv
27 number list in order of time and importance. do three things on list.
28 prison visits
29 discovery issues re jail
30 write down finances
31 go over bills w dan
32 wisconsin bar
33 learn milwaukee map
1 get visa on instapay
2 check phone messages
3 fix bathroom leak x
4 water heater?
5 gas bill 2x
6 electric bill 3x
7 water bill. 4x
8 other? cable phone
9 shannon
10 227
microwave, mail, monitor, clean up
11 mail!
12 court 13
13 disciplinary commish
14 memo
15 letters to lindy margaret/sam mom
16 fold clothes put away laundry
17 car tire 6
18 brakes?
19 bloomington?
20 bath before doctor.
21 dentist?
22 memo on prison conditions.
23 switch phone companies
24 cable bill switch cable companies
25 get tv?
26 plug in tv x get 3' cable
27 number list in order of time and importance. do three things on list.
28 prison visits
29 discovery issues re jail
30 write down finances
31 go over bills w dan
32 wisconsin bar
33 learn milwaukee map x
34 pay car insurance
35 andrews county
36 post office
37 plan for selling properties
beville
19th
list of properties
38 computers for jewelry doctor
30 write down finances
$20 gas $7 laundry $2 coffee
check 4018 $250 ipl
4019 50 ipl 227
4020 100 gas co
4021 40 water bill estimate.
Friday, February 11, 2005
Chairman, 11th Congressional District Republican Committee
10412 Main St.
Fairfax, VA 22030
703-352-1337 (Office)
Thank you for contacting my office. The address you provided is not in
the 11th District of Virginia. While I appreciate hearing from all
Americans, congressional courtesy dictates that members of Congress be
given the opportunity to assist their own constituents. I know your
member of Congress would welcome the opportunity to serve you.
If you do not know who your member is, please click on the following link:
http://www.house.gov/writerep/
Sincerely,
Tom Davis
Member of Congress
-----Original Message-----
From: "info"
Sent: 2/11/2005 10:35:49 AM
To: imava11@mail.house.gov
Cc:
Subject: IMA MAIL ON Inquiry re plane ID policy.
SCCMAIL
None
Robbin
Stewart
227 N Temple
Indpls
IN
gtbear@gmail.com
esq.
46201
317.383.1510
Subject: Inquiry re plane ID policy.
Declan McCullough cites you as saying
"When I get on an airplane and someone shows ID, I'd like to be sure they
are who they say they are," said Rep. Tom Davis, a Virginia Republican,
during a floor debate that started Wednesday.
I am writing seeking clarification of what existing policy is about ID
requirements for being a passenger on a plane.
A friend of my brother's was asked to show ID, and asked whether that was
a government policy or an airline policy, and couldn't get a straight
answer.
If there is a government policy that airline passengers must show ID, can
you provide me with a copy of the policy?
Thanks in advance,
Sincerely,
Robbin Stewart
Stewart & Associates.
gtbear@gmail.com
10412 Main St.
Fairfax, VA 22030
703-352-1337 (Office)
Thank you for contacting my office. The address you provided is not in
the 11th District of Virginia. While I appreciate hearing from all
Americans, congressional courtesy dictates that members of Congress be
given the opportunity to assist their own constituents. I know your
member of Congress would welcome the opportunity to serve you.
If you do not know who your member is, please click on the following link:
http://www.house.gov/writerep/
Sincerely,
Tom Davis
Member of Congress
-----Original Message-----
From: "info"
Sent: 2/11/2005 10:35:49 AM
To: imava11@mail.house.gov
Cc:
Subject: IMA MAIL ON Inquiry re plane ID policy.
None
Robbin
Stewart
227 N Temple
Indpls
IN
gtbear@gmail.com
esq.
46201
317.383.1510
Subject: Inquiry re plane ID policy.
Declan McCullough cites you as saying
"When I get on an airplane and someone shows ID, I'd like to be sure they
are who they say they are," said Rep. Tom Davis, a Virginia Republican,
during a floor debate that started Wednesday.
I am writing seeking clarification of what existing policy is about ID
requirements for being a passenger on a plane.
A friend of my brother's was asked to show ID, and asked whether that was
a government policy or an airline policy, and couldn't get a straight
answer.
If there is a government policy that airline passengers must show ID, can
you provide me with a copy of the policy?
Thanks in advance,
Sincerely,
Robbin Stewart
Stewart & Associates.
gtbear@gmail.com
Wednesday, January 19, 2005
what i did today:
called lawyer made appointment about the important thing i didn't do monday
mailed rent check, 19 days late.
mailed phone bill.
met a cute guy in france to chat with
updated 3 of my blogs
drafted a motion
drank tons of coffee
got the laundry ready, but didn't actually go do it
opened letters about tax sale.
tried to look up tax sale info online.
hid from a cop.
oh and i took out the trash, which involved shoes and leaving the house.
this is actually more than i usually get done.
i am a mess.
tomorrow: mail motion to court 13.
(revise motion, print, stamp, envelope, etc.)
car to shop to fix brakes
laundry?
someday:
call guy who sent letter about lot.
or the other guy. and the ones on hawthorne.
make list of properties.
mizzou credit union.
called lawyer made appointment about the important thing i didn't do monday
mailed rent check, 19 days late.
mailed phone bill.
met a cute guy in france to chat with
updated 3 of my blogs
drafted a motion
drank tons of coffee
got the laundry ready, but didn't actually go do it
opened letters about tax sale.
tried to look up tax sale info online.
hid from a cop.
oh and i took out the trash, which involved shoes and leaving the house.
this is actually more than i usually get done.
i am a mess.
tomorrow: mail motion to court 13.
(revise motion, print, stamp, envelope, etc.)
car to shop to fix brakes
laundry?
someday:
call guy who sent letter about lot.
or the other guy. and the ones on hawthorne.
make list of properties.
mizzou credit union.
to do:
make better list.
warrant
depos
motion to dismiss
property tax situation
re motion for rehearing of denial of motion to set aside default judgment.
rent check
did - took out trash
motion for rehearing of denial of motion to set aside default judgment.
Comes now defendant and for his motion to set aside default judgment states as follows.
The purpose of this motion is both to contest, as an abuse of discretion, the court's denial of a motion to set aside default judgment, and to inform of the court of a pattern of misconduct by the clerk's staff, ratified by the prosecutor's office.
Defendant ("I, me") was charged with failure to show a driver's license during a traffic stop in August.
I lost the ticket, and did not file an answer or response.
After hearing nothing further, I suspected the case had been dismissed.
In December, I received notice my drivers license had been suspended for failure to pay a judgment on the ticket.
That day, I paid the judgment, filed a motion to set aside the default judgment,
and had my drivers license reinstated.
The next day, I drove to the east coast for a family vacation.
Some time later, the court denied my motion without opinion.
This motion is filed within a reasonable time and postmarked within 30 days of notice of that denial, received 12/29/04.
When I went to pay the judgment, after filing my motion to set aside the judgement, I was at first presented with a card to sign, on which the clerk had checked a box indicating that I was pleading guilty.
This as wrong for two reasons.
First, it not appropriate for a clerk advise defendants how to plead, or to decide for them how they will plead. Doing so is unauthorized practice fo law, and even if authorized would not be competent or ethical practice of law.
Second, it was not what I was there to do and was expressly contrary to my wishes.
I carefully explained that I was only satisfying the judgment, and was not entering a plea of guilty. They persisted in attempting to coerce me to plead guilty, or suggested in the alternative a no contest plea. I persisted in my insistance that I had a right to satisfy the judgment without entering a plea. After discussing it with a manager, the guilty box was crossed off, and I proceeded to pay.
Upon receiving a reciept, I brought to the cashier's attention that the wrong information had been stated on the form - it indicated that I had plead guilty.
The same manager as before refused to correct the form.
This was not an isolated incident. I have been aware of this problem for about 5 years, in cases which, since they only involved a $25 seat belt ticket, I chose not to contest further. I reasonably suspect that thousands of people have had their rights violated in this manner, and that the problem will continue if not addressed.
In dissussing the merits of the case with two employees at the procutor's office, I was first told that I couldn't pay a judgment without first entering a guilty plea, and then told that if I had paid the judgment, my motion to set aside the default judgment would be denied. And indeed it was.
If, as alleged by the prosecutor's office, this court has a practice of denying motions to set aside default judgments in cases where the judgment has been satisfied pending disposition of the case, this is abuse of disgression, error of law,
denial of due process, and denial of due course of law.
On the other hand, it is conceivable the court relied on other grounds. The motion was handwritten, brief, and did not allege in detail the factual basis, or use the magic words "excusable neglect." The motion did include as an exhibit a copy of my valid Indiana driver's license.
In this case there was excusable neglect. The ticket had been lost. There does not seem to be any way to look these things up online. There was no notice by the court, either that it intended to enter a default judgment, or that it had done so.
Defendant is indigent and disabled. While I discused it with my attorney, I did not hire him to resolve it, because it would have been prohibitively expensive. While I had planned to deal with it myself, I am organizationally challenged and prone to procrastination as a result of my mental disability. The factors constitute excusable neglect. I reasonably believe that I have a meritorious defense that may prevail at trial. I have prevailed at trial in 4 previous cases in this court about 5 years ago.
Default judgments are strongly disfavored in Indiana. The right to due course of law, the right to a trial, the right, in most cases, to a trial by jury, are fundamental. While these rights can be, and usually are, waived, waiver must be knowing and voluntary. Here there has been no waiver.
In this case, where there has been misconduct by court clerk employees, first in attempting to coerce a plea, then in attempting to fraudulently misrepresent that a plea had been entered, it would create an appearance of impropriety to appear to ratify and endorse the misconduct.
Relief sought:
I respectfully ask that the court set aside its denial of the motion to set aside the default judgment, and set aside the default motion, and set the matter for trial, or for a pre-trial hearing or conference.
Alternatively, I ask the court not to deny this motion without scheduling a hearing on the motion.
Alternatively, if the court is unmoved, and refuses to set aside its default judgment, I request that it issue findings of fact and conclusions of law, so that a reviewing court would have a record on which to base a decision.
Most importantly, I ask the court to investigate the allegations of misconduct by the court clerk's staff and, as it finds appropriate, issue an order prohibiting the staff from entering pleas for defendants, directing them to allow judgments to be satisfied without entry of a plea,and that I receive a copy of the order.
I respectfully suggest that training in basic concepts of due process might be in order, especially for management level employees.
I have not included a draft of such an order, because it might be presumptuous of me to do so; the wording of such order would be a matter for the court's discretion.
Respectfully submitted,
Robbin Stewart
-------------
[insert line break]
Proposed Order
For cause shown, the default judgment in case 04157597 is set aside and the matter is set for hearing [ ] or trial [ ] on ______________________________________.
So Ordered,
Judge
Marion Superior Court 13, Marion County Indiana.
note to self: friday 9:00 am Caudill.
make better list.
warrant
depos
motion to dismiss
property tax situation
re motion for rehearing of denial of motion to set aside default judgment.
rent check
did - took out trash
motion for rehearing of denial of motion to set aside default judgment.
Comes now defendant and for his motion to set aside default judgment states as follows.
The purpose of this motion is both to contest, as an abuse of discretion, the court's denial of a motion to set aside default judgment, and to inform of the court of a pattern of misconduct by the clerk's staff, ratified by the prosecutor's office.
Defendant ("I, me") was charged with failure to show a driver's license during a traffic stop in August.
I lost the ticket, and did not file an answer or response.
After hearing nothing further, I suspected the case had been dismissed.
In December, I received notice my drivers license had been suspended for failure to pay a judgment on the ticket.
That day, I paid the judgment, filed a motion to set aside the default judgment,
and had my drivers license reinstated.
The next day, I drove to the east coast for a family vacation.
Some time later, the court denied my motion without opinion.
This motion is filed within a reasonable time and postmarked within 30 days of notice of that denial, received 12/29/04.
When I went to pay the judgment, after filing my motion to set aside the judgement, I was at first presented with a card to sign, on which the clerk had checked a box indicating that I was pleading guilty.
This as wrong for two reasons.
First, it not appropriate for a clerk advise defendants how to plead, or to decide for them how they will plead. Doing so is unauthorized practice fo law, and even if authorized would not be competent or ethical practice of law.
Second, it was not what I was there to do and was expressly contrary to my wishes.
I carefully explained that I was only satisfying the judgment, and was not entering a plea of guilty. They persisted in attempting to coerce me to plead guilty, or suggested in the alternative a no contest plea. I persisted in my insistance that I had a right to satisfy the judgment without entering a plea. After discussing it with a manager, the guilty box was crossed off, and I proceeded to pay.
Upon receiving a reciept, I brought to the cashier's attention that the wrong information had been stated on the form - it indicated that I had plead guilty.
The same manager as before refused to correct the form.
This was not an isolated incident. I have been aware of this problem for about 5 years, in cases which, since they only involved a $25 seat belt ticket, I chose not to contest further. I reasonably suspect that thousands of people have had their rights violated in this manner, and that the problem will continue if not addressed.
In dissussing the merits of the case with two employees at the procutor's office, I was first told that I couldn't pay a judgment without first entering a guilty plea, and then told that if I had paid the judgment, my motion to set aside the default judgment would be denied. And indeed it was.
If, as alleged by the prosecutor's office, this court has a practice of denying motions to set aside default judgments in cases where the judgment has been satisfied pending disposition of the case, this is abuse of disgression, error of law,
denial of due process, and denial of due course of law.
On the other hand, it is conceivable the court relied on other grounds. The motion was handwritten, brief, and did not allege in detail the factual basis, or use the magic words "excusable neglect." The motion did include as an exhibit a copy of my valid Indiana driver's license.
In this case there was excusable neglect. The ticket had been lost. There does not seem to be any way to look these things up online. There was no notice by the court, either that it intended to enter a default judgment, or that it had done so.
Defendant is indigent and disabled. While I discused it with my attorney, I did not hire him to resolve it, because it would have been prohibitively expensive. While I had planned to deal with it myself, I am organizationally challenged and prone to procrastination as a result of my mental disability. The factors constitute excusable neglect. I reasonably believe that I have a meritorious defense that may prevail at trial. I have prevailed at trial in 4 previous cases in this court about 5 years ago.
Default judgments are strongly disfavored in Indiana. The right to due course of law, the right to a trial, the right, in most cases, to a trial by jury, are fundamental. While these rights can be, and usually are, waived, waiver must be knowing and voluntary. Here there has been no waiver.
In this case, where there has been misconduct by court clerk employees, first in attempting to coerce a plea, then in attempting to fraudulently misrepresent that a plea had been entered, it would create an appearance of impropriety to appear to ratify and endorse the misconduct.
Relief sought:
I respectfully ask that the court set aside its denial of the motion to set aside the default judgment, and set aside the default motion, and set the matter for trial, or for a pre-trial hearing or conference.
Alternatively, I ask the court not to deny this motion without scheduling a hearing on the motion.
Alternatively, if the court is unmoved, and refuses to set aside its default judgment, I request that it issue findings of fact and conclusions of law, so that a reviewing court would have a record on which to base a decision.
Most importantly, I ask the court to investigate the allegations of misconduct by the court clerk's staff and, as it finds appropriate, issue an order prohibiting the staff from entering pleas for defendants, directing them to allow judgments to be satisfied without entry of a plea,and that I receive a copy of the order.
I respectfully suggest that training in basic concepts of due process might be in order, especially for management level employees.
I have not included a draft of such an order, because it might be presumptuous of me to do so; the wording of such order would be a matter for the court's discretion.
Respectfully submitted,
Robbin Stewart
-------------
[insert line break]
Proposed Order
For cause shown, the default judgment in case 04157597 is set aside and the matter is set for hearing [ ] or trial [ ] on ______________________________________.
So Ordered,
Judge
Marion Superior Court 13, Marion County Indiana.
note to self: friday 9:00 am Caudill.
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