Fitzpatrick – Judge refuses to dismiss case – Pidgeon makes his appearance…

A judge refused Tuesday to dismiss the case against a Sweetwater man accused of trying to arrest a grand jury foreman.

Walter Fitzpatrick was arraigned in June on charges related to an incident in April when he allegedly tried to arrest the foreman during a Monroe County grand jury hearing.

Fitzpatrick’s charges include civil rights intimidation and inciting a riot.

Another man, Darren Wesley Huff, of Dallas, Georgia, is accused of being an accomplice.

Fitzpatrick’s attorney, Stephen Pidgeon, asked for a dismissal for the men based on a motion contending that a “tainted” grand jury indicted them.

Well so much for the flawed argument that the Grand Jury had been tainted. Ignorance of Tennessee law about the nature of the position of the foreperson of the Grand Jury has caused Huff and Puff much concern. I am not sure why Pidgeon failed to familiarize himself here.

Pidgeon said the grand jury forewoman wasn’t qualified because she served on another jury in 2009.

Judge Jon Kerry Blackwood disagreed.

Of course, the argument lacked merits.

Judge Blackwood also told Fitzpatrick, a retired Navy veteran, that he can’t wear his uniform in court any more, but gave no reason.

Finally…  Perhaps the Judge was worried it may get soiled

Fitzpatrick and Huff are scheduled to go on trial December 1.

Source: Wate

So unexpected…

We learn more from Knox News

Assistant District Attorney James Stutts said in a filed state response that rulings in previous court challenges of grand juror qualifications show there is “no limit on the number of two-year terms for which a foreman may be reappointed.”

Indeed, that’s what the TN law states.

The state filing also said Davis was serving as foreman for the case in June because Pettway was “both a victim and a witness to the criminal conduct” in April. The response also said the requirement that two years lapse for a juror to be recalled did not apply because Davis was appointed as foreman, not recalled to jury service.

Yep…

Pidgeon, of Everett, Wash., said there would be no appeal of the ruling before the trial.

Smart move Stephen…

Source: Knownews

Another one

Monroe County District Attorney Jim Stutts countered that five Tennessee court rulings have found there is no limit on the number of two-year terms for which a foreperson may be reappointed.

Source: Times Free Press

Steve Pidgeon going to represent Walt?

Politijab reports

Carl Swensson appeared on the Rule of Law Radio Network , Live and Let Live Program with Gary Johnson, on July 25, 2010.

…

The big news is that STEVE PIDGEON is going to represent Walt. (Around 01:53:44)

Wow… I remain speechless.

Donofrio/Pidgeon case…

Donofrio and Pidgeon hit a snag?

06/23/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT – DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Stephen W Pidgeon to RE-FILE Document 21 FIRST MOTION to Withdraw John Hine Pontiac as party/counsel for John Hine Pontiac and Island Jeep. ERROR(S): Supporting Documents (Affidavit in Support of Motion) are filed separately, each getting there own Document #. ***REMINDER*** – First Re-File Motion then file and link any supporting documents. (db) (Entered: 06/24/2010)

06/23/2010 21 FILING ERROR – DEFICIENT DOCKET ENTRY – FIRST MOTION to Withdraw John Hine Pontiac as party/counsel for John Hine Pontiac and Island Jeep. Document filed by John Hine Pontiac Mazda Dodge. Return Date set for 6/30/2010 at 04:00 PM. (Attachments: # 1 Affidavit Affidavit of S Pidgeon in Support of Motion)(Pidgeon, Stephen) Modified on 6/24/2010 (db). (Entered: 06/23/2010)

Donofrio Quo Warranto – 6341 – Opinion signed on 2/5/2010 denying Motion for Reconsideration

Hat Tip: Northland10

While the Movants argue that the Court overlooked certain facts and case law, they then cite to the Court’s reference to the same facts and cases in the Court’s Opinion. In other words, for the basis of what they allege the Court overlooked, the Movants cite to the Opinion itself.

02/05/2010 6342 Order signed on 2/5/2010 denying Rejected Dealers’ motion for reconsideration of the June 9, 2009 rejection order and the June 19, 2009 rejection opinion (Related Docs # 6132[RECAP] and 6341 ). (DePierola, Jacqueline) (Entered: 02/05/2010)

02/05/2010 6341 Opinion signed on 2/5/2010 denying Rejected Dealers’ motion for reconsideration of the June 9, 2009 rejection order and the June 19, 2009 rejection opinion (related document(s) 6132[RECAP] ). (DePierola, Jacqueline) (Entered: 02/05/2010)

02/04/2010 6340 Affidavit of Service of Steven Indelicato (related document(s) 6312 ) filed by Epiq Bankruptcy Solutions LLC.(Baer, Herbert) (Entered: 02/04/2010)

Stephen Pidgeon upset about Glenn Beck

Stephen Pidgeon writes

You are ill-informed on the “birther” issue. Barack Obama, by his own admission, was a British subject at birth. He has never denied having a Kenyan father, who himself was a British subject as a Kenyan native. This is easly established under the British Nationality Act of 1948. He is therefore disqualified to run for the office of the President, because the office is not available to subjects of other governments. The issue is very simple, and very obvious. Obama himself admitted that he wasn’t a natural born citizen when he debated Alan Keyes in 2004.

Note how Pidgeon is weak on arguments and strong on flawed or unsupported assertions. The claim that Obama admitted that he was not a natural born citizen has never been supported with any evidence. That Obama was as a child temporarily a ‘British Subject’, a status which he lost when Kenya became independent in 1963. Finally, Obama lost his Kenyan dual citizenship at age 23.

However, under Common Law practices at the time the Constitution was written, a natural born citizen was any child born on US soil, regardless of the status of the parents. Hence the claim that ‘the office is not available to subjects of other governments’ is misleading at best.

The dual citizenship status is a red herring, which ignores the natural born status of President Obama because of his birth on US soil, something a dual allegiance cannot change. Especially since President Obama clearly elected which citizenship to continue.

Of course, as Stephen explains in the rest of his response, his objections with Obama are more with his ‘socialist’ tendencies.

His legacy? A communist, collectivist fool, brainwashed by red diaper doper babies haunting the halls of ivy league academia whose agenda was to bring back the failed Bolshevik revolution worldwide, who brought his fully bloomed ignorance to power illegally in the US because of the needs of his narcissistic ego, whose illegitimacy caused the US to go bankrupt and to suffer its worst military setbacks in the history of the nation in just a few short months.

No wonder Stephen saw black cars tailing him…

I am writing this now as three black suburbans with HS personnel in camo are moving in to my neighborhood. I suspect arrest here shortly. In the event that you do not hear from me by tomorrow morning, please continue to contact by me email, as we will try to monitor. If not, contact Cesar Velasquez in Bellevue, WA (a Washington lawyer) for status.

He and Leo Donofrio will make a cute couple.

2008-12-19 Broe v Reed – SOS Response to amended petition and motion to dismiss

NO. 82473-8
SUPREME COURT OF THE STATE OF WASHINGTON
JAMES E. BROE, KENNETH R. SEAL, ROBERT BAKER, MARK SUSSMAN, STAN WALTER, BILL WISE, ANDY STEVENS, ED CRAWFORD, JASON LAGEN, LOUISE WORKMAN, JOCELYN MURCELLI, MIKE MURCELLI, and KEVIN MCDOWELL, American Citizens, Washington Residents and Registered Voters in the State of Washington,
Petitioners,
v.
SAMUAL S. REED, Secretary of State for the State of Washington,
Respondent.

SECRETARY OF STATE’S RESPONSE TO AMENDED PETITION FOR WRIT OF MANDAMUS AND MOTION TO DISMISS

01-08-2009 WA Supreme Ct. dismisses Broe v Reed

The Washington Supreme Court today dismissed a lawsuit alleging Secretary of State Sam Reed had failed to confirm that President-elect Barack Obama was eligible to run for president.

Source: TriCityHerald.com

Supreme Court No. 82473-8

This matter came before the Court on its January 8, 2009, En Bane Conference and the Court having unanimously determined that the following order should be entered:

Now, therefore, it is hereby ORDERED:

The Secretary of State’s Motion to Dismiss the Amended Petition for Writ of Mandamus as moot is granted. Petitioner’s Amended Motion for Expedited Discovery and for Authority to Issue Subpoena is denied.

Source: WA Supreme Court ruling

Broe v Reed – No Appeal to Supreme Court

Stephen Pidgeon Attorney at Law and (sole) contributor at DecaLogos wrote:

Here is an update concerning Broe v Reed.

The plaintiffs have elected not to make an appeal to the US Supreme Court, but are considering other strategies.

We have pursued our investigation, and have incurred over $30,000 in billing doing so. A complete dossier will be available as soon as we complete the remaining legs of our investigation.

Source: Stephen Pidgeon at Plains Radio forum