ALL THE WAY TO THE WHITE HOUSE….
Pardon the errors, I’ve been buried in legal crap. Nonetheless, this claim is important for the civil rights movement, with implications of white supremacists in a presidential election all the way to the White House, and the Trump administration.
Since the Federal Courts have not granted my request for witness protection, if something happens to me, here it is. I’m genuinely scared for my life. Read through my draft brief and you will understand why.
On July 13, 2017 I submitted to the 11th Circuit Court of Appeals a Writ of Mandamus. On July 25, 2017 I received a decision from Justice Frank Hull of the 11th Circuit Court of Appeals. In it, she stated that my claim for forma pauperis, which is simply a request to proceed without paying the $505 filing fee and waives the obligation of having to file several copies of the brief, was denied and qualified as “frivolous”. The judge in Cobb County that has been overseeing my case for the last year recused himself. Since I’m suing Cobb County, that court cannot proceed. Yet the Federal Court didn’t refer it, or address at the very least my request for an attorney for my son. It was dismissed before it was even heard. Yet I haven’t spoken to my child in one year! I have committed no crime, just for the record. This is really that crazy. I wake up every day in disbelief. But I can’t make these things up. I promise.
I have decided, since the 11th Circuit Court of Appeals has appointed an attorney for the Justice, despite the fact that my case pleads that my 8 year old boy be assigned a Guardian At Litem, I will proceed with my claim on my site, until I finally have my child and a hearing.
Below is the initial text for my complaint. Any advice, since I don’t have an attorney, is welcome. I will not hold you liable!
Table of Authorities ..………………………….3-6
Petition for Change of Venue ………………………7
Petition for En Banc Review ……………………8-19
Challenge to Judicial Officer …………………….10
Motion to Compel Discovery, Depose Officers
and Subpoena Records…………………………... 21
Petition for Writ of Mandamus……………… 22-33
Interlocutory Relief Sought…………………. 35-39
Preliminary Amicus Brief …………………... 62-67
Motion to Appoint Counsel ………………… 68-69
TABLE OF AUTHORITIES | ENUMERATION
FEDERAL RULES OF CIVIL PROCEDURE
Entering action without notice Rule 4 (c)(1)
Serving a Minor Rule 4(g)
Failure to state a claim Rule 8 (a)
Cause unnecessary delays Rule 11 (b) (1)
Entered pleading in order to harass Rule 11 (b) (1)
Unreasonable inquiry Rule 11 (b) (1)
Needlessly increasing the cost of litigation Rule 11 (b) (1)
Sanctions sought by Petitioner Rule 11 (c)
Duty to disclose all documents 26 A (1) (a) (ii)
Right to defend oneself and be deposed Rule 30
Request for email and other electronic documents Rule 34
Relief from judgement or order Rule 60 (b) (1-6)
Time limitation no more than one year Rule 60 (c) (1)
Hearing which substantially affected the rights of a minor …. O.C.G.A. 15-11-262, 15-11-103
Devoid of paternity
Devoid of legitimation
FEDERAL RULES OF EVIDENCE
Right to cross examine
Inadmissible oppressed and suppressed
Hearsay libel and slander of public figure
State and Juvenile – should have run concurrent O.C.G.A 15-11-10
Failure to read Miranda Rights
Restraining and abduction by government officials
Article Three of the U.S. Constitution
Abuse by government officials
Terrorism by government officials
Conspiring to harm by government officials
Gross abuse of powers of elected officials
Threatening to incarcerate
Gender/ racial discrimination, intimidation, abuse of power, allowing victim to be further terrorized and harassed.
Right to limited government
Right to free speech
Right to be heard
Freedom of the Press
Right to Religious observations
Right to defense/counsel
Gender/ racial discrimination, intimidation, abuse of power, allowing victim to be further terrorized and harassed.
Right to bear arms
Right to life, liberty and the pursuit of happiness
Right to a jury
Cruel and unusual punishment
Abuse of disabled by government and elected officials
Abuse of disabled by government and elected officials
PETITION FOR CHANGE OF VENUE
Comes Now, ‘Petitioner’, Vanessa Marie Smith, entering pro se to request that the 11th Circuit of Appeals change venue and/or run concurrent to a more convenient forum in the 9th Circuit Court of Appeals. In the interest of justice, a more appropriate forum would also be found in the Ninth Circuit Court of Appeals given the nature of the allegations; 11th Circuit Court of Appeals is a forum non conveniens.
Vanessa Marie Smith
PETITION FOR QUORUM REVIEW
The Subject Judges had a duty of care to the Petitioner and Petitioner’s child; and
There was a breach of duty of care by Subject Judges; and
Petitioner, who is the Mother, has her child currently in abduction and alienated while living in fear and intimidation for an entire year. The damage is still being rendered;
The trauma and grief, the complete seizure of normal life and activities due to the course of the actions of the Court has not only destabilized but hindered my progress, the unnecessary damages, the purposeful intent to harm and the pain, agony and suffering that has caused is equivalent to the loss of a child by public officials, yet it is not, and I have exhausted every possible recourse with no results; the assumption that the injury rendered to my son without testifying is apparent to the ordinary citizen since no child should be deprived of his mother for political motivation. Not only have my son and I lost a year together, but the nature of our separation has felt equivalent to that of an oppressive government, with complete interference and none of our basic civil liberties afforded, with no recourse of law, as the law was used against us in such a way that our human rights were violated. The time to address the injury will be long and difficult. This is an act of terrorism from government officials, a human rights violation. At periods of time, I have said I would have preferred to take water boarding torture than sustain this and know that my child is and has been terrorized as well, with no prescription nor remedy for cure. The proceedings in Cobb County have had nothing to do with “legitimation” and more to do with personal and political motivation.
Peremptory Challenge to Judicial Officer: Petitioner, entering pro se, states that Justice Frank Hull of the 11th Circuit Court of Appeals of the United States of America has been prejudiced in the matter and cannot, therefore, have a fair and impartial hearing before Justice Frank Hull. Petitioner requests that Justice Hull be deposed and compel answer in the matter regarding her personal relationship with Judge Michael Stoddard and all other officers in appeal, pursuant to Rules of the FRCP.
Summary Petitioner requested a Writ of Mandamus in Forma Pauperis in this court on July 13, 2017. Justice Hull erred in dismissing this case as “frivolous”.
Justice Hull failed to enter into the record the matter, dismissing it as “frivolous”. Pauper status request was denied, and Justice Hull has used intimidation in the matter.
Motion for Counsel, which asserts that Petitioner and Petitioner’s child have a right to public attorney, in accordance with the American Disabilities Act and Juvenile Laws, was dismissed without relief. Petitioner humbly pleads the court for an en banc review on the matter, as the life and welfare of a minor child is currently at-risk and substantially being affected due to the Judges decisions. Urgent intervention is needed in order to safeguard the wellbeing of a child who is grossly and negatively affected due to and throughout the course of the proceedings in the Superior Court of Cobb County.
The constitutional rights of a minor child should not ever be deemed ‘frivolous’.
The wellbeing of a minor child should always be considered top-priority in our Courts.
Petitioner states that she is:
1. Currently in bankruptcy proceedings due to the course of these proceedings;
2. An indigent “being persons who have no property or source of income sufficient for their support aside from their own labor, though self-supporting when able to work and in employment” Black’s Law Dictionary;
3. Asserts that a person can have more debt to income and be of indigent status; and
4. An indigent should be considered to proceed in forma pauperis, since they are not mutually-exclusive;
5. Her ability to provide for herself has been restricted due to the court proceedings in appeal; and
6. Relief is sought in order to maintain the status quo.
Petitioner humbly moves this court to find that her right to proceed in forma pauperis was unfairly negated by Justice Hull and only issued to maliciously prevent Petitioner from filing her claim
Extraordinary intervention is necessary to safeguard the wellbeing of a minor child that is currently deprived, causing prolonged and irreparable damage to an 8-year old minor child.
A statement is necessary from this court in the interest of justice, in order to maintain the integrity of the Judicial branch of the United States of America and uphold the Constitution and Supreme Law of the Land.
Petitioner also requests this court to investigate allegation of collusion with the Judges as interested parties from the Superior Court of Cobb County. Justice Hull and Judge Stoddard have run close careers in neighbouring jurisdictions at the same time in their careers and graduated from the same law school, Emory around the same time nearly 40 years ago. The likelihood that they are close friends is greater than not, and given the nature and severity of the allegations, attempts by Justice Hull to hinder Petitioner’s claim are probable.
Petitioner humbly moves this Court and your Honorary Justices to please consider en banc the proceedings in Civil Case No. 16-01-5754-52 in the Superior Court of Cobb County, and humbly request this Court to allow Petitioner to proceed in forma pauperis.
Petitioner requests that the level of emergency in this situation be raised
Are Petitioner and minor child currently deprived of liberty and property without due process of law during, because and throughout these proceedings? Thompson v City of Louisville 362 U.S. 1999 (1960)
Was there abuse of power and abuse of authority with harm inflicted to a minor and disabled person by officers of the State?
Is the issue of constitutionality being raised with the most vulnerable of our society, a disabled mother and her minor child?
Comes now, ‘Petitioner’, Vanessa Marie Smith, entering pro se and requesting permission to proceed in forma pauperis, and requesting your Honorable Justices to weigh in on Petitioner’s Judicial Complaint, Writ of Mandamus, with joined motion to compel evidence, compel discovery and interlocutory relief. A Preliminary Amicus Brief is included to attribute some of my findings.
Petitioner humbly moves this court and your honorary Justices to reconsider Justice Hull’s initial unofficial opinion.
“Constitutional claims are substantial and not frivolous.” Thompson v City of Louisville 362 U.S. 1999 (1960).
The issue of constitutionality and due process of law are being raised in the issue pertaining to a mother with a disability protected under the American Disabilities Act and her minor child. Abuse of power and indiscretion in the matter are being presented. The proceedings in the court of Superior Court of Cobb County warrant urgent intervention of a higher court.
Judicial misconduct is being raised, and Justice Hull’s opinion in the matter is requested to be reconsidered.
Date Vanessa M. Smith
MOTION TO COMPEL DISCOVERY, DEPOSE OFFICERS
and SUBPOENA RECORDS
Comes Now, Petitioner Vanessa Marie Smith, to compel discovery pursuant to Rule 26 of the Federal Rules of Civil Procedure, and depose officers in official capacity pursuant to Rule 27 and Rule 30 of Federal Rules of Civil Procedure.
Petitioner requests subpoena of all records including but not limited to email correspondence, phone records and public officers’ meetings in official and unofficial capacity related to this case; request to subpoena communications between officers and any interested parties related to this case in connection to an “act or omission occurring in connection with duties performed on the United States behalf.”
MOTION FOR SANCTIONS
Comes Now, Petitioner Vanessa Smith, entering pro se, to plead with the Court in the Matters pertaining 11th Circuit Court of Appeals Civil Docket No. 17-13148 and Superior Court of Cobb County Civil Action No. 16-01-5754-52 to propose sanctions.
Vanessa Marie Smith
In RE Smith
Petition for Writ of Mandamus
Nature of the case: This Mandamus request challenges a pre-emptive order of legitimation in case number 16-1-5754-52, which was entered in without due process of law and without jurisdiction in Cobb County Superior Court of the State of Georgia, violating Federal Law and Georgia Law. The minor child was placed into custody without any vital records, statements, affidavits nor petition, and against the mother’s willful consent. There was no notice of parental termination proceedings. There is a history of prenatal abuse, domestic violence, and sexual abuse of the minor child by the man they placed child into, and the same man Petitioner was fearing for her and her son’s safety. Court removed child and placed into custody of person acting as a parent without due process of law. Petitioner finds clear attempts by the Courts to harass and intimidate her in the matter, depriving and causing purposeful harm based on gender, nationality, and line of work, and causing permanent injury and displacing Petitioner’s and Petitioner’s minor child.
The facts demonstrate that the minor child was living in a thriving and loving environment alone with his mother prior to this action. Social services, nor any other relevant agency such as CASA, was ever contacted before, during or after parental termination. There was never a home, home life nor any inspection of the children’s home requested. The child was taken from home without any notice nor prior actions. The course of these proceedings has been falsely presented as a legitimation proceeding. Mother objects to parental termination and Judge refuses to hear her prayers. Upon requesting a Guardian At Litem at her whole expense, the Judge also ignored her prayers. There is currently no GAL or attorney for either mother or child. The child’s best interest has been grossly neglected throughout these proceedings, and minor child’s rights are substantially being affected. The Superior Court of Cobb County, State of Georgia has abducted and cause irreparable harm to my minor child.
Abduct: “to seize and take away (a person) by force”
Course of Proceedings and Respondents Challenged Actions: The Superior Court of Cobb County entered into legitimation and custody of a 7-year-old minor child in an emergency hearing requested by Petitioner’s ex-boyfriend. This emergency hearing was devoid of petition and due process. Minor child is currently in eminent danger in living with an alleged pedophile, and is deprived. Mother has entered in prayers to the court to return custody of minor child but the Court has failed to respond and has only issued extensions on court proceedings without relief. There is a preponderance of evidence that demonstrates that the Mother and child have been denied rights in the matter, and Mother is currently attempting to take possession of her child, but the Judge overseeing her case refuses to take testimony, assign GAL or attorney, has waived mediation, evidence, prayers or otherwise into consideration before final hearing, despite minor child’s rights being substantially affected, deprived and endangered pending final judgment. This is causing irreparable damage. Mother has requested that the status quo be maintained during the proceedings. This has also been ignored. Judge Poole is purposefully harassing and intimidating me through this action.Had the Petitioner had the opportunity to be heard by the judge rather than dismissed, her ability to present these claims would have been more accessible. Not only has the judge denied to hear my motion in a timely manner, he has rejected the relief, rejected requests to speak in chambers, and has not allowed defenses to be heard needed to close this case. The corruption has me in fear and without remedy.
That Judge has recused himself since then.
IN RE SMITH
PETITION FOR A WRIT OF CERTIOARI, in Forma Pauperis
Comes now, Petitioner Vanessa Marie Smith, entering pro se, to request a writ of CERTIOARI.
Preliminary Brief and Interlocutory Relief Requested
Pursuant to 28 U.S.C. § 1651 and Fed. R. App. P. 21, Petitioner Vanessa Smith (Self), entering pro se, individually and as legal primary sole guardian and custodian of Devan Carlos Brown (my one child, conceived in Los Angeles, California as a single mother), respectfully apply for a Writ of Mandamus or Prohibition directing the Honorable Judge Gregory Poole of the Superior Court of Cobb County, to dismiss all orders under civil action 16-1-5754-52 in the Superior Court of Cobb, State of Georgia, and petition this court to deny Brown's Motion, and respectfully requesting this Court to dismiss Civil Case No. 16-01-5754-52 in the Superior Court of Cobb County, State of Georgia citing lack of jurisdiction, lack of procedural due process, insufficiency of service, and failure to state a claim, and causing prolonged and irreparable damage.
On August 4, 2016, the Superior Court of Cobb County entered into a Legitimation in an oral hearing devoid of established Paternity, Paternal Rights or Paternal Acknowledgment, devoid of any notice to me, the Mother and sole guardian/custodian of my son, and devoid of any petitions and devoid of registration of vital records of the Mother, Father and Child. O.C.G.A. §19-7-21.1, O.C.G.A. §19-7-46.1, O.C.G.A. §19-7-22, §O.C.G.A. 9-11-12 (b)(h). The Superior Court of Cobb County has violated Federal and State Laws, including but not limited procedural due process, as safeguarded under the Due Process Clause of the United States Constitution, that was not afforded to myself, the now Petitioner (then Defendant), and my child.
In the same initial emergency, oral hearing that they legitimized my son to my ex-boyfriend without my willful consent, the Court also granted temporary physical custody to my ex-boyfriend, Dennis Brown, despite my several requests to reconvene so that I could seek counsel, and my protesting the proceedings. O.C.G.A. § 19-7-22. I did not want to enter into any agreements giving custody because of the abuse and the fact that I fear him, safeguarded under the Parental Kidnapping Prevention Act and OCCJEA. I was never presented any evidence, forms, or petitions at any point in any of the proceedings in Cobb County or in the State of Georgia regarding the issue of paternity, legitimation, custody, vital records. This action is devoid of notarized signatures regarding my child, sworn statements of affidavits of mine regarding paternity, legitimation, and/or custody. The Court has acquired jurisdiction without the authority to do so, and the Judges have been grossly negligent and biased in this matter. The facts and arguments are introduced in my pleadings, entered herein as Evidence to Your Honorary Justices. O.C.G.A. § 19-9-85(d) (1-3).
Had due process been followed, we would have found that both myself, Vanessa Smith and Dennis Brown, have out-of-state licenses from New Jersey therefore could not, even if the then Plaintiff had tried, registered my son in the Georgia putative father registry without a valid Georgia driver's license and/or proof of residency. Due process would have found that there was never any action in Civil Case No. 16-01-5754-52 yet Petitioner and Petitioner’s minor child’s rights were substantially affected, several pleadings by the Petitioner addressing the matter have been ignored. The Superior Court of Cobb County, State of Georgia, entered jurisdiction into a matter in which they clearly had no authority nor jurisdiction, presented in pleadings, entered herein as Exhibits.
The facts clearly present attempts to alienate and consequent abduction by the Courts actions is identifiable
Despite the time restrictions set forth in child custody laws of 6 months prior for a Home State to be declared, I find that this State (Georgia) does not have jurisdiction in the matter and waive custody jurisdiction in the State of Georgia. The Superior Court of Cobb County has me confined to the area without work nor significant ties, which is impeding my professional work and progress and destabilizing my life, living under temporary housing situations throughout and due to the course of this action.
The order from August 4, 2016 was followed with a contempt order, under the same action, five (5) days later. This violates Petitioners’ constitutional and civil rights pursuant to FRCP and GRCP, Georgia statutes and Federal Laws.
I was held in contempt for picking up my son from school, something I have done his entire life. I was falsely arrested without notice of contempt, brought into court without a fair trial or proper notice for the contempt hearing held under the same action, which had established unenforceable legitimation and custody five days prior to my arrest.
I was then restricted from having any contact with my child, granting sole custody of my child to my ex-boyfriend, Dennis Brown, in the same Contempt hearing, without prior notice, evidence, rights to speak with counsel (which I requested), and in handcuffs. I have had no communication, contact, conversations, presents, exchanges of any kind with my baby since August 9th, despite my desperate attempts to persuade the Courts, and despite the fact that the court has no jurisdiction nor authority to do so. The next hearing date is scheduled for August 2, 2017, after the commencement of the new school year in a school that I do not plan on having my son attend and is against my will as his mother and sole legal guardian. This date has been pushed back since February despite my objections to continuance. I missed my son's entire 3rd grade, and now they want to proceed into his 4th grade without remedy. The gross abuse and neglect of the Court in this matter are inconceivable
I need urgent intervention because the current court proceedings in Cobb County lack remedy and/or relief, have no authority nor jurisdiction, and I have exhausted every possible measure. I have had no contact with my child since August 9, 2016, without merit, nor basis to do so, and has only served as an instrument or harassment. The Superior of Cobb County has no authority nor jurisdiction over my child and myself, yet has issued a restraining order restraining me from my own child, and negating my right to bear arms by issuing a second, criminally enforceable and redundant restraining order because I tried to call my son on the phone. I was threatened with jail if I did not follow orders eight months into the abduction. I have two concurrent cases addressing the same exact allegations from my ex-boyfriend in the same court of law.
My son currently is in danger under the custody of Dennis Brown as there is a likelihood that he is being sexually abused by Dennis, and the fear of Dennis Brown kidnapping my child permanently are well founded. My son has been abducted by Dennis Brown, and the Superior Court of Cobb County is aiding and abetting in the abduction and purposeful endangerment of my child.
The action (Civil Case No. 16-01-5754-52) in the Superior Court of Cobb County, State of Georgia is void at initio. I have entered into record pleadings presenting defenses of defective action(s) devoid of paternity and/or legitimation, service of process, and procedural due process, failure to state a claim and lack of jurisdiction, but they have not responded to any of my pleadings while damage is being rendered. These motions and/or pleadings are herein entered in as Exhibits for Your Honor.
IMMEDIATE (INTERLOCUTORY) RELIEF SOUGHT
The lower court usurped its authority by entering jurisdiction in this matter, because it is clearly without jurisdiction, and Smith's claims are firmly protected by U.S. Constitution and basic human rights:
"Recalling that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin."
An extraordinary and immediate intervention by this Court is necessary because Petitioner has exhausted all alternatives and has no other viable means to confine the lower court to the lawful exercise of its proscribed jurisdiction, and to safeguard my son's and my Constitutional rights.
Plaintiff hereby asserts her right to due process under the Constitution and precedence decisions. Plaintiff also asserts her right to a fair and impartial judge to make a ruling based on these facts and precedence.
1. It is on these principles, in part, and finding that this court has jurisdiction that the Petitioner, Vanessa Smith, seeks remedy from this court in the form of action vacating the void judgment(s) set forth by Judges Stoddard, Kreeger, Brantley and Poole in Case number 16-1-5754-52 in the Superior Court of Cobb County State of Georgia and any and all subsequent resulting actions of that judgements, including, but not limited to the CONTEMPT ORDER and RESTRAINING ORDER.
2. Vanessa Smiths' (Petitioner) minor child, Devan Carlos Brown, be returned to primary sole custody of Mother (Self), as has been his entire life.
3. Dennis Brown, Defendant be found guilty of contempt.
4. Dennis Brown, Defendant, return all personal items, furnishings, and articles in his possession belonging to either or both Mother and child.
5. Dennis Brown be charged with Felony charges for illegal process of obtaining passport of minor child in the State of Georgia, Exhibit A. Petitioner states that Dennis Brown never lived at 176 Parkstone Way Marietta, GA, 30066, as this was solely and exclusively her son's and her primary residence. This passport was requested while Plaintiff was critically wounded from injury resulting from surgery on April 1, 2015, with a life-threatening infection on the base of her spine, and under medications prescribed for the surgery and pain, and without her consent. Dennis Brown did not have legally recognized Paternal Rights in the State of Georgia. Such illegally obtained passport document has been turned into the Federal Marshalls, Department of Homeland Security and FBI.
6. Move the court to find officers that have knowledge of this information and failed to act in obstruction of justice.
7. Move the court in Civil Case Number 16-01-5754-52 to vacate void judgment.
8. Issuance of a Protective Order, protecting Vanessa Smith and her minor child, Devan Carlos, from Dennis Edward Brown.
9. Complaint and demand for arrest of Dennis Brown for abuse towards myself and my son.
10. Petitioner requests a monetary compensation from Dennis Brown in the amount of $2,500,000 for prenatal abuse, domestic abuse, sexual abuse of a minor, psychological, mental and emotional abuse, terrorism, pain and suffering, collateral damages and expenses.
11. Immediate interlocutory monetary relief from Cobb County, State of Georgia in order to maintain the status quo pending final verdict of the assessment of collateral damages, fees, expenses, medical injury, trauma, suffering and irreparable damage caused by officers of the state in official and unofficial capacity to Petitioner and Petitioner’s minor child. Temporary relief in the amount of $12,500,000.00 is hereby requested immediately to cover costs associated with attorney fees, expenses associated with court proceedings and medical expenses resulting from injury of actions of the officers of Cobb County, State of Georgia
12. Immediate interlocutory monetary relief from the United States of America for damages resulting from federal judge Justice Frank Hull’s obstruction of justice and acting in bad faith in her official capacity as Federal Judge of the United States of America in the amount of $10,000,000.00, pending final verdict and in order to maintain the status quo.
13. Final claims against Superior Court of Cobb County, Judge Stoddard, Judge Kreeger, Judge Brantley, Judge Poole and 11th Circuit Court of Appeals Justice Hull in the amount of $240,000,000.00 for Petitioner and $360,000,000.00 for Petitioner’s minor child and move toward finding impeachable offenses.
14. Move this Court to find malicious intent to harm by officers of the state in official capacity, abuse of power and authority, terrorism, neglect, abuse of a minor, endangerment of a minor, purposeful and willful neglect of a minor, intent to harm under official capacity, intent to harm and purposeful harm in official capacity of a disabled person, false arrest, police brutality, physical infringement of religious beliefs by vaccination, violation of Constitutional rights as presented in pleadings including right to due process of law, freedom of speech, right to exercise religious belief, right to bear arms, right to free press, gender discrimination, racial discrimination, willful and purposeful harm of a disabled person and abduction of a minor child.
1) Did the superior court usurp its authority by removing my child from my custody and giving sole custody to Dennis Brown? Yes.
2) Did the court exceed its jurisdiction and powers? Yes, and they are precluded by law.
3) Did the court cause purposeful harm to Petitioner’s disability, injuring, harassing and terrorizing Petitioner and minor child, caused undue pain and suffering and irreparable damage to Petitioner and Petitioners minor child? Yes.
Prior to entering proceedings, I have had sole custody as a single mother of my boy since his birth in Los Angeles, California. The issues of Paternity, Legitimation and Custody have never been addressed.
On August 1st, 2016 Petitioner (I) was serviced with Summons from then Plaintiff Dennis Edward Brown. Such Summons package included an Emergency Hearing Rule Nisi and Motion for Continuance in the summons, with Emergency Hearing set for August 4, without any petition nor complaint included in Summons. O.C.G.A 9-11-3(a)(b) O.C.G.A. 9-11-4 (b) Such Insufficiency of Process was entered into record in the Motion to Dismiss (Exhibit) by then Defendant, myself, once I found out about it, through the online portal for Cobb County Records in January, 2016.
“It is the Court's responsibilities to notify Plaintiff of any deficiency in service before entering into action. Without service, there is no action.”
Petitioner asserts the following facts: she has PTSD, a disability protected under the American Disabilities Act, and that the time of the hearing, her PTSD had been aggravated by the loss of job and the clear attempt of then Plaintiff to use this moment of weakness to incite and intimidate. Such disability was later brought to the Judges attention in writing. The current proceedings are causing permanent and prolonged stress, aggravation and injury to my disability.
Petitioner, I, had been drugged and suspect that I also had been sexually assaulted in my own home prior to these proceedings. On the morning of March 13, 2016, I woke up and tore the sheets off of my bed confused. I put them into a trash bag and the wrote “Something happened to me on these sheets.” Any investigation in the matter had to be set aside because of the fact I was now dealing with my ex bullying me and asking me why I was acting differently. I kept telling him I think that perhaps I was a possible target of white supremacists or Trump supporters, since my family newspaper, a Spanish language community newspaper covering the Latino community and based in New York City, had just run a story of David Duke and the KKK endorsing Trump – ridiculing the then Presidential candidate Donald Trump and the KKK. I was also working on my new project, Chica Magazine, in tandem. It was around primary election time when I was working on a story about how women of color are the largest vote eligible population (VEP) and that women of color could change the entire vote and decide the elections. It was during this time that my Wi-Fi started to become compromised, my computer crashed and my website had been compromised. My house alarm would set off for no apparent reason. Things were out of place, and since I ran a clean and organized home, my things were immaculate, so anything out of order was noticeable. I can assert I had been drugged on one occasion I remember looking in the mirror and my pupils were completely dilated and I started having waking nightmare symptoms similar to those of a “bad acid trip” lasting for hours. I woke up feeling drugged and my groins were swollen and painful. I felt fear for my life. I was living a very routine and ordinary life – any inconsistencies were pretty obvious, as these things had never before happened. Any investigation I would have sought at the time was difficult, my phone was locking up or broken in one event when I stepped out of the shower. I went through several phones and replacements, something that rarely, if ever, happened to me. I asked Dennis for help but all that did in turn was lead him to bath mouth me to my employer and family and search vengeful actions through the court, which the court has perpetuated.
Upon the hearing on August 4nd, 2016, the nature of the hearing seemed amicable and no signs of concern except from the Petitioner, myself, who on four different attempts requested to exercise my right to reconvene so that I could seek counsel. I was denied my request.
The Judge commenced the hearing by discussing the transient moment in my life, and how my son was going to be staying with Dennis Brown. I was scared; there is a history of domestic violence and sexual abuse of my minor child by Dennis Brown. I didn't understand how the process of paternity, or custody worked. The only thing I understood at that moment was I might not see my son forever if I didn't sign that moment, as the Judge simply put it.
The order entered in after about 10 minutes of superfluous exchange, then gave Dennis temporary physical custody. At the same hearing and in the same order, the Judge entered in an oral hearing a legitimation, and custody, without notice and even though such oral petition was not even made by the then Plaintiff, Dennis Brown, and there is none in writing. There is no Petition for Legitimation on record. There is no Paternity established.
Without counsel, with less than three days’ notice of a hearing, without knowledge of the nature of the hearing, without any procedural due process (as prescribed under the Due Process Clause), without the facts presented before me, with evidence taken into consideration I was unaware of, with no actual request for Paternity even stated in oral hearing, and a custody determination, entered into by fear and intimidation. I lost my child that day. Little did I know it would be a year to the present, and I would have no contact, no letters, notes, calls, presents between him and I. Nothing. I went from being his sole main caregiver, his mommy, his one and only, living alone together.... to losing him completely, without a moment’s notice, literally.
The Judge said that in order for Petitioner, myself, not to lose my child to "the system", I would have to enter in to the order of Legitimation right then and there. Petitioner (I) protested stating that I didn't understand why I had to enter into an agreement in order for my child to stay with then Plaintiff Dennis Brown. The judge offered no explanation, except that since I was about to lose my home, my son was staying with Plaintiff, and I had to sign that into an order at that moment (again, I asked to reconvene so that I could seek counsel and understand what I was doing, so I didn't make any mistakes). The judge denied my request to reserve matters until I sought counsel. The Judge coerced and intimidated me into the order, using excessive influence in order for me to sign.
My (well founded) fears were based on Dennis' attempts to alienate my child from me, putting ideas in my child's head that I was not well and that my son was better off with him. He has placed exploitive ideas in my son's head, such as that the only way they can be happy is together, and that Dennis would not be able to live my child, he has threatened to kill himself if he didn't have my son. He has been aggravating my life by terrorizing, abusing, stalking, entering my house without permission, usurping control of my child and life in such a manner that I literally felt backed into a corner with no way out, terrorized, and the desperation of trying to save my son while this was happening. Dennis knew that I was I knew of inappropriate behavior by him with my son, but have no way to prove it since these have been admissions in secret by son to me. I refuse to put my son on the stand nor go through any unnecessary pain to prove the matter. The actions in the past year speak for themselves.
Petitioner (I) again, disputed the fact that I needed to enter into an agreement without consulting an attorney, to make sure that I "did what was in the best interest of my child". Judge denied my request, with threats of losing my child to the system.
At that time, when a Judge told me that I would lose my child due to the fact that I was unable to provide for him in the future, I could on only believe that this is true. I know better now.
Currently, my son sleeps in the bed Dennis took from my house – otherwise, Dennis has no bed for my son. The only reason I have made the difficult decision to leave the furniture he took of my sons from me was so that my son had a bed. The two beds at Dennis' house are beds I bought, and he took. I could be removed the furniture legally, but then my son wouldn't have a bed and that idea alone makes me sick. It all makes me sick. This is a "worst nightmare" scenario. At this point, I regret not allowing my son into the system if that was the bleak choice, at least I know he would have been safe and out of harm’s way while I went through this action.
Five days later, after the Emergency Hearing, which unlawfully set Legitimation despite myself, the Mother, not wanting to enter into any type of legal agreement, I picked up my son from school, the same way I had done at that school for two full years alone (since Dennis lived in New Jersey until just a few months before this action), and as I had done my son's entire life as his primary and sole custodian.
But that day, then Plaintiff Dennis Brown, now having a court order of temporary physical custody, texted me demanding that I tell him where I was and where I was going. I told him I was going to my friends’ house, who lives about an hour and 45 minutes away. My phone died, and the next day, waiting for my friend at the airport pick up area with my son, I was abducted by two large men, in civilian clothing, without badges, without identification and without explanation of why I was being restrained, and without Miranda rights.
They turned my son towards me while they handcuffed me, assuring that my baby boy saw that I was being arrested. My little boy, sweet and innocent, I can't even explain the terror. I pled to please not do this. The civilian dressed men HELD my son by his elbows in doing so, physically restraining him to watch me being handcuffed and abducted by two large men, since they never identified themselves and were dressed in civilian clothes.
He didn't put a fight, but all the same THEY PHYSICALLY took him by the elbows and held him. My son was 7 years old and maybe 55 pounds at that time. The two men then proceeded to use excessive force on him and me, jerking me from under the shoulders, and consequently pulling my rotator cuff out of the socket, as was diagnosed at Kaiser Permanente. They physically jerked him when handling him as well, despite him being quiet and mute during the whole event.
I was thrown into an unmarked car, then whole entire trip I kept asking “Why am I in handcuffs? “
If you are arresting me than why are you not reading me my Miranda Rights?”
“Don’t do this in front of my son!” as they turned my son to watch.
I was completely freaking out. My son and I had been abducted.
Upon arriving at the Cobb Sheriff's entrance, I then understood I was in Cobb County jurisdiction. No warrant no notice nor actual allegation even upon processing were given to me, even after asking. When I asked for the intake officer to please itemize my key chain which had a significant number of important keys and USB drives pertaining to my work during initial intake inventory, I was told that I was giving them a hard time and consequently was placed in solitary confinement for several hours- 24-36 maybe, while I begged for a call with an attorney, asked why was I in jail, and why wasn't I even read my Miranda Rights. The right to itemize and properly inventory my items had also been negated, and I was punished for asserting this right. While in solitary confinement, the deputy's walked up to the window laughed at me and called me Reece Witherspoon, and placed a curtain in front of the cell so that they couldn't see me because I was demanding my rights (1) to know why I was detained (2) Miranda rights (3) right to call an attorney. Not only was I denied this right but I was punished for attempting to exercise my rights in jail.
Where was my son? Where was I? I am a media executive, I receive awards next to circuit court judges and other elected officials, I am active member of the community, I volunteer. I hold fundraisers, and meet presidential candidates, I campaign in politics.... how is THIS my life? My son has the highest scores in school, he was placed into Target while we lived alone, we grew organic vegetables and he did extracurricular activities like chess and science club. How did I end up here, in handcuffs, in solitary confinement, with no explanation and my child kidnapped? I believe I had a minor stroke in there. I was told in the emergency room to see a neurologist when I went to the Kaiser facility.
When I complained about the pain and injury with the nurse in intake, she said that if I wanted to have it looked at, I would have to leave go to hospital to have it looked at, without process, and then return to start all over again in jail. Once again, the choice of my physical well-being or my ability to get out as fast as possible to try to get to my son were the options presented before me.
Then she said I had to take a shot (vaccine) - I said no, it's against my religious beliefs (!) My son and I don't vaccinate, I even have this religious exemption form registered at school. She stated to me that if I was going to give her a hard time that I would go back in the cell alone for another 12 hours, without being processed, and try again.
I had no choice but to take the shot. It burned, but the human pain and sad humiliation burned me even more. I had no control of myself, my life, my child, my body, my rights, my religion, my speech. They took all of it in Cobb County.
Because of my meds, they sent me to the infirmary to be cleared. I was there for 48 hours, the mental health wing. A nurse drew some blood and lab work, and then a doctor visited. I was good to go, the mental health assessment IN JAIL said I was all clear to go to general population without any problems (the issue of a mental health assessment would then become redundant and only served as a measure of harassment and intimidation when they were requested hours later).
While in jail, I had a video judge conference. I saw this as my opportunity to tell the Judge that I believe that Dennis was sexually abusing of my child without fears of him hearing me. The video judge was nothing more than a way to keep people in there, it offered no continuance, the charges were not explained, I didn't see any evidence, my pleas of child abuse never heard.
I believe it was four days later that I entered into courtroom in a jail suit and handcuffs behind my back to the Contempt hearing, of which I received notice of about 12 hours before entering the courtroom, while in jail.
Once in the courtroom, I looked down at my jumpsuit, after being escorted out of a small holding cell waiting for my turn, my shoulder was hurting me, especially after being in handcuffs behind my back for hours that day, I was woken up at 4 am to start the process of waiting to go to court with the rest of the inmates that day, in an inmate vehicle and holding cells in jail.
I asked the judge for an attorney. After all, I was incarcerated without any due process, no Miranda Rights, my child abducted and I was in detention- I looked down to my contorted arms, tightly bound behind me by the cold clanking metal handcuffs.... of course, I get an attorney, I thought to myself.
"No, this is a civil matter", said the Judge.
The hearing was short, I was spinning not understanding what was going on.
"The facts of this case are disturbing", said the Judge.
Facts? What facts, I asked myself... Of course, I dare not say a word because I'm in jail and lost my son, in a very conservative and male dominant area of the country, and since I didn't do anything to get there, I knew that I was working with unethical procedures.
I'm a hardworking, disabled single mother who has done NOTHING wrong, and with no established Paternal rights by legal definition on the record, has now lost my son to my ex with a no contact order issued against me and my son, and without any due process of law. That is not the way the United States works.
Next thing I hear is "Must come before this Court with clear and convincing evidence that you are well enough to see your child again." No cause, no proof, no evidence, nothing. Just the Judges opinions of "facts" I was curious about that he was using. Now I know it wasn't just curiosity, but an inherent right to those facts that was amiss.
I lost my child – sole custody with no contact five days after the initial emergency hearing which never even signaled a legitimation proceeding beforehand, only an “emergency” of what are parental termination proceedings by definition from the actions taken in court, and of which no notice of legitimation, paper, documents, background check, sworn statements, refusal of judge for me to seek counsel before signing in to agreement, before they tore my child from me and gave him to the same perpetrator and abuser I feared for my son.
Again, I didn't say much except I think something about "yes, I understand" - maybe. It is a complete blur.
Dennis Brown has a long history of taking illegal pictures of children as a teacher, and after examining his pattern of short lived jobs with minor children, in different cities, with no overlap in parents, communications or districts, the patterns reflect those of suspicious behavior. I managed his social media page, which I had to abandon because upon examination, the Facebook “followers” were minors from other countries where he has never lived and these “followers” are minors which do not fit the criteria of normal kids he works with in the United States. I turned this inappropriate activity over to the National Center for Exploited Children and the Boy Scouts of America Dennis has only been able to hold a stable job with children for the last 2 years, at the age of 47. He states that he only likes the little kids, because they are easier and they listen to him.
Dennis has a knack for manipulating and corrupting my baby boy, in such a way that he has convinced my son that I am not necessary in his life. I fear him, and I fear my son with him.
It has been one year since I even spoke to my child, the only action the Superior Court of Cobb County has taken is placed a restraining order on me.
I visited my son's therapist and she recommended we start reunification. Dennis denied her recommendations. I alerted the Judge, of which his assistant responded that he cannot have any communications with the parties. I was presenting the Judge my assessment, treatment and treatment plan, the request of the Order I had to comply with, and the "all clear" from my therapist, and the recommendation of my son's therapist (after I met with her in person for her to assess me as well) for reunification. I was completely ignored.
Plaintiff’s counsel entered in several motions for continuance the same way, and Judge ruled on and set continuance by electronic communications. This privilege was not afforded to the Defendant, despite the Defendant having to comply with order, and such relief, when and if properly requested by the court, must be admitted at any point of the proceedings in accordance with the new Georgia Rules of Evidence.
The Superior Court has aided and abetted in the abduction of my child, and endangering his life. The only reason to be in these proceedings is to harass and intimidate me, as there is clearly no legal prerogative in the matter, and the only person interested in the child’s wellbeing is myself.
I have tried on several attempts to show "clear and convincing" evidence about the ability for me to see my child, despite the absurdity of it, since I have had no choice, they have my child at their mercy and they have complete disregard for Law, and have been biased and abusive of their powers.
All my attempts have been so far, denied, and the only action enforced are actions pushing me further and further away from my baby. I am annexing the Motions and pleadings of which neither have been responded to, either by the Court or by the then Plaintiff, which also serve to illustrate more my attempts with the Superior Court of Cobb County.
As of today, I just received the third continuance requested by Dennis' lawyer that was approved Rule Nisi, so the hearing for what matter, I don't even know, since there is no matter at hand, is for August 2, 2017. I'm living here because I have to be nearby for these proceedings and my son, and I have been unable to work because of these proceedings.
The Court has issued put a restraining order on me against my son, rather than offering relief towards reunification, and has used this instrument to harass and terrorize me, and the same court has found me in violation of a restraining order against my own minor child, with no authority and no legality. Such restraining order is another measure to harass me and alienate and kidnap my child.
The last time I spoke to my son was August 9, 2016.
During the course of this year, I have an online media company business focused on Women of Color that was starting but had to abandon work undue to this case, the value of a company like this could have easily reached $100 million in one year. As a 12-year media executive, I understand that this job, once the project is turned ‘on���, requires long hours and deadlines, an impossibility to achieve given the nature of the case. My entire business is built and ready to operate, but the work, the problems, and the dedication I would have been able to focus on my company has been dedicated exclusively on this case, rather than my business. I have clocked over 100,000 words in pleadings, countless hours over the past year researching, calling, writing and working on this case. Rather than working on my company, I had to spend my time in the area and consumed entirely on working on this case. I’ve had medical litigation that had to be dropped due to the burden of this case. All Judges in the Superior Court of Cobb County are aware of the nature of my work which I had to abandon due to their action, which focuses on the feminist movement, women of color, and the LGBTQI+ community. Harassment through impossible orders by the Judges was retaliatory behavior based on race and gender.
I hereby respectfully petition this Court for a Writ of Mandamus or Prohibition directing the Honorable Judge Gregory Poole, Superior Court of Cobb County, State of Georgia to set aside and dismiss Civil Action Number 16-01-5754-52 and respectfully ask for assistance in protection from Dennis for my son and I, in Forma Pauperis.
Vanessa Marie Smith Date
5061 Willeo Ridge Court
Marietta, GA 30068
PRELIMINARY AMICUS BRIEF
Upon further investigation, the evidence standards in the capital punishment state of Georgia has been largely and widely been has been biasedly used. The implications of these facts should not be taken lightly, and as such, the challenge to the “clear and compelling” evidence standard used in Georgia presents the issue of equanimity and fair trials.
In Petitioner's arguments in this case, she cites that two of the presiding Judges, Judge Stoddard and Judge Kreeger, who ruled in this action, create a conflict of interest and therefore personal jurisdiction and improper venue in the Supreme Court of Georgia in the matter due to:
(1) Allegations made by Petitioner against Judge Stoddard and Judge Kreeger, who have both attributed precedent decisions which affect my case; and as such, the precedence decisions ruled and dissented by Judge Kreeger and Stoddard are challenged by myself, the Petitioner. Precedent decisions in which the issue of "sufficient evidence" and "clear and compelling" (Jackson v Virginia standard) are challenged in this case, and in which both Judges have ruled by precedence and dissented on, felony murder charges standards of evidence, in which I, the Petitioner, have found that the less stricter guide of "sufficient" was used to prosecute a felony murder, but that same guideline was not used in order to prove I could see my son, despite no criminal nor legal reason to have possession of myself and/or my child's inherent right to life, liberty and the pursuit of happiness. The stricter "clear and compelling or convincing" rule was used in my civil case by these same judges in order to persuade them to see my child, who I was banned from contacting based exclusively on hearsay, defective affidavits and slanderous, omitted allegations entered in by ex parte, and considered by these same Judges, which at best, if considered, are stricken down by Privacy Rights and Freedom of Expression, and citing dangerous precedence in admitting irrelevant hearsay, which that court should have found as normal complaints in domestic disputes, or suspicious by the Plaintiff.
"Sufficient" was enough though, to prosecute Freeman on an oral pleadings challenge.
Freeman v State (Jackson v Virginia standard) set precedence in this case "The factual statements presented by the prosecutor were sufficient to support the acceptance of the guilty plea to these offenses as they demonstrated appellant was a party to these crimes." This was a death penalty felony murder charge.
On appeal of a decision involving a challenge to a guilty plea conviction, “we accept the trial court’s factual findings and credibility determinations unless they are clearly erroneous and independently apply the legal principles to the facts.” Wright v. State, 292 Ga. 825, 827 (2) (742 SE2d 468) (2013). The evidence is sufficient to support the trial court’s finding that appellant freely and voluntarily entered his guilty plea. "
The challenges presented before the United States Supreme Court are the following:
If in Freeman v State, factual statements were sufficient to support acceptance of an oral admittance of a guilty plea, then the same guideline should be used when presenting evidence to support acceptance of a non-guilty civil proceeding in a child custody suit (albeit this case is void on its face) when presenting evidence to which the court has requested in a civil matter, proving that I am "well enough to see my child again", as the orders (unlawfully) demanded of me. The court and same judges should use the same standard of weighing in evidence in all of their hearings. The judge’s rulings have clearly been biased, even with their own precedent of Supreme Court of Georgia Justices. And in Judge Kreeger's own words "It is not the function of an [appellate] court to weigh in evidence. Instead it must be viewed in the light most favorable to the verdict" or outcome Glass v State. Justice Kreeger himself presents conflicting dispositions when he entered into a Contempt order 5 days after a temporary custody hearing was set in a "legitimation" procedure under this action. He entered into an order which enforced a temporary order when weighing in, and this action was precluded by Judge Stoddard's very own precedence. OCGA 23-4-31 Cobb Co. V Buchanan "Rather than seeking enforcement of an order, seek to avoid enforcement", change makes it a modification. It is not under the Superior Courts powers to change an order, and Judge Stoddard and Judge Kreeger have ruled, set precedent and dissented on the very rulings which they contradicted in my case.
The evidence by therapists, oral statements, written pleadings and mental health records, assessments, treatments and treatment plans as demanded of me, have all been submitted to the Court and Judge Gregory Poole, who is the assigned Judge in this action. None of it has been even "sufficient" enough to persuade the Court in allowing me a single phone call with my son. Not sufficient enough for a birthday present or card; Christmas call, card or present. Not sufficient to even send a picture with an "I Love You", to let him know how much I love and miss him. Yet, unlike Freeman, I was not arrested, detained, have a criminal record, no reports of abuse or violence by anyone. There is absolutely no merit, no authority, no words for the actions of the Superior Court of Cobb County, Georgia. To the contrary, I am a hard-working single Latina journalist and mother and head of the household, who travels and affords my son the best of the best lifestyle, and a happy healthy home. They removed him from my custody and is currently deprived of food and adequate clothing, and in section 8 housing, with a suspected pedophile.
(2) I challenge this precedence and bias in its use.
(3) My argument is also based on fundamental Constitutional rights being violated, and upon further research into this Courts and Judges actions, I have found a preponderance of evidence in which gross abuse and negligence is rampant in the Superior Court of Cobb County, State of Georgia. I would need time to develop this section, find an attorney, perform research, secure access to resources which has been limited for me in Cobb County, Georgia. Due to the highly sensitive nature of this matter and the events that precluded this action, and as a Latina reporter working on minority rights, immigration rights and my work on the prison complex system, I fear for my son and my own safety in Georgia. I request The United States Supreme Court for help with immediate relocation at this time and change of venue to the Ninth Circuit Court of Appeals.
(4) Brook v State "the only remedy for Court's failure are mandamus or impeachment".
(5) Judge Stoddard has published opinions on law, in which a "fast track" to legitimation for fathers is viewed as the best action Scott v Scott – applying the Carr/Holder provision "is not to accommodate a child's rights and needs. Rather, the purpose is to provide a speedy and convenient short-cut for the non-custodial parent to obtain custody of a child by bypassing the objective judicial scrutiny into the child's best interests that a modification action pursuant to OCGA 19-9-3 requires. This "short-cut" operates at the expense of a child"
This Carr/Holder provision is Unconstitutional, and if this is the guide that these judges use, then I challenge these provisions.
Date Vanessa M. Smith
MOTION TO APPOINT COUNSEL
COMES NOW, Vanessa Marie Smith, to petition for appointment of counsel in the matter pertaining to Cobb County Superior Court Civil Cases Number 16-1-5754-52 Hon. Judge Gregory Poole and 11th Circuit Court of Appeals Docket No. 17-13148.
Then Defendant, Now Petitioner, Vanessa Marie Smith, asserts the following:
1. I have a disability directed under the ADA
2. I am indigent.
3. The rights of my minor child have been substantially affected by the actions in the above- styled case and I urgently need counsel to defend minor child and myself
Through this motion I respectfully request of this court and Your Honor to assign counsel to help me mitigate these proceedings, as none have been afforded to my child nor myself in this action.
Petition for Writ of Mandamus, brief and supporting documents are entered into this court for the above-styled case.
_______________________ ________________________ Vanessa Marie Smith Date
NOTICE OF INTENT TO SEEK REDRESS OF GRIEVANCES PENDING FINAL VERDICT
Comes Now, Petitioner Vanessa Marie Smith, entering pro se, to present notice of intent to seek remedy or redress once all proceedings pending final verdict in criminal investigation of public officer and agencies. Interlocutory or immediate relief in the matter has been requested in order to maintain the status quo throughout these proceedings.