The Ol' Double-Cross (Appeal)

OMG kids...I realize these people have to do their jobs, in order to collect a much needed paycheck (in addition to what other bonuses they make in the adoption and foster market trade), but really?  What DRIVEL!!!  Talk about grasping at straws!  These idiots couldn't find a law if it passed right in front of 'em...(you like that?  I thought it was good!!!).

Now, on the front, there was, as I expected, a demand to keep this confidential.  Hmmmmm...well, the Supreme Court, as well as the Attorney General's office, DID start the war before I even got to the battleground...so no.  I don't theeenk so.  Deny MY motion to stay Termination will ya?

Naturally, there WILL be comment.  Can't have a farce like this go without that kind o' fun, now can we??  Let's get it on.

Now, the first thing I suppose I should mention, here, is the use of the phrase "Material Facts"...something these people wouldn't recognize if it hit 'em smack across the side of the head...please, continue on...

Issue 1, they state, is that CB...that's me, of course; does not have standing to raise any issues from the CINA proceedings, because I was dismissed as a necessary party and all of the CINA orders are "Res Judicata."  For those of you ignorant of Latin (the dead language we still use...so how is this a dead language then, and why the hell is it still used in our law??), Res Judicata means these issues are moot issues; they've been discussed and ruled on in previous hearings, with no dispute, nor appeal taken by the defendant.  They are, therefore, according to the law, not able to be brought up again; and set in stone.

BULLSH**

One more sentence that's important here, is that error was NOT perserved at all.  Hate to tell you folks out there in dream land; I don't know about the error you're showing or preserved in YOUR files, after you altered or destroyed them, BUT ERROR IS MOST CERTAINLY PRESERVED RIGHT HERE, ON AMERICA'S DEADLY SINS, IN THE ENTIRE "AND AWAY WE GO" SERIES, in the blog you were so fond of using over and over again against me, as well as in the four binders containing every single document received from the Juvenile records department, as well as downloaded to my computer via efile; complete with date and time stamps showing when YOUR FOLKS FILED THEM!!!!  Also "preserved", are the 5 full recordings of each and every court hearing I'm in possession of (and their copies in at least 5 different locations in this state), and the recordings of each and every interaction I've ever had with the *ahem* WOMEN of DHS and CFI.  Ain't that special?  And remember, that last one...#9 on that sheet I signed?  Remember?  Was very clearly never agreed to, where NOT recording you and your illegal actions were concerned.  So sorry.  Screw around with the transcripts and burn and alter documents all ya like; and I wish you all the luck in the world getting away with THAT lie.

Sorry, lost my mind for a minute...back to the rest of it.

For one, you all know that this father's rights were terminated in one case; which didn't occur for a month and a half after he had been thrown out of the CINA case, and deemed not a party to THAT case...yet I was left in the termination hearing, so that my rights...COULD BE TERMINATED.  And, since I WAS left in the termination hearing, and, obviously STILL in possession of my rights, (else, why would they need to terminate them?) AND A PARTY TO THAT CASE so that they could do so...then how did they manage to terminate my rights, IF I WAS NO LONGER A PARTY TO THE CASE?  I know, I know...confusing, eh?  So much for that nonsense.  On to part 2 of that, since everything that happens in the CINA case provides need for termination, and helps a Judge decide that termination is necessary, then how is it that everything in the CINA case is RES JUDICATA, and not relevant to the appeal of termination?  Are you starting to get that RAILROAAAAD feeling again???

On to the "discussion" portion of this crap, they bring up...ONCE AGAIN (almost as bad as the permenancy hearing with this one, right?) that the father has been dismissed as a necessary party to the case (after 6 months of fighting in it), because they have established RONALD SHAVER to be the actual father; utilizing an Iowa Supreme Court decision, In the matter of J.C., which states that this father was found to be an unnecessary party...BECAUSE his rights had been, by this time, terminated, and that the child in question was having troubles identifying her true father.  The baby in THIS case hower was not even, as yet COGNIZANT even, and didn't even know how to distinguish light from dark yet, let alone a fake or true father.  She was already having trouble with this anyway, I'm sure, considering the FOSTER father, surely, if at all.  Regardless, THIS LEGAL father's rights had yet to be terminated, yet the Judge JUMPED on his chance to rid the court of the headache of having to address the 500+ motions we had filed NUNC PRO TUNC, as well as all of the evidence that this father had piled up against Emily Nieman and the crooked Judge, William A. Price, in order to bring out the truth of the TOTAL illegality of this entire case.

Later, AGAIN, it's stated that I didn't challenge any of the orders in appeal...and they're right.  I didn't.  I didn't do this because I agreed with the findings found (I most CERTAINLY did NOT), and duly expressed the reasons why not in the petition of appeal.

NOTE THE "NOTE", later, where it covers the Attorney General's butt (he thinks), where she states that just because the Supreme Court denies my stay of termination, that this by no means defines me as a parent or a possible appellant in this appeal...EXCEPT THIS APPEAL IS ABOUT THE TERMINATION, AND I WAS A PARTY TO THE CASE!...my RIGHTS WERE TERMINATED IN IT.  I WAS A @#$%! father/appellant!!!  Why was I later mentioned to NOT attend the termination?  Why would it matter, if I was NOT identified as a PARTY TO THE COCK-A-DOODY CASE??????????

*takes a deep breath*......RAAAAAAAAAAAAAAAAAAAAAAAAILROAAAAAAAD!!!

Add now, that the Attorney General now adds that niether myself (because I wasn't a party now in EITHER case, by definition) NOR the mother (who is, and is listed as pro se in these cases now) has a right to refer to issues in the CINA proceedings, even though it's BECAUSE OF THE CINA PROCEEDINGS THAT WE ARE NOW IN TERMINATION, AND THE APPEAL THEREOF....RIGHT???  You people REALLY need to go back to law school for a much needed refresher course in LAW!!

Now we move on to what is, perhaps the biggest lie of them all.  They state, that we abandoned all 18 of our motions, as well as the motions to address 5 pieces of evidence, which we had worked extremely hard on, for weeks, and had piled up to show this whole batch of proceedings as false, illegal, and in bad need of redress (re-addressing, for you law newbies).  Now, you wanna 'splain to me why I would have, within 10 minutes, ABANDONED THESE BY WALKING OUT OF THE HEARING???  The truth, as most of you already know, is that they had filed a motion to establish paternity like 5 times in both cases, so that the judge, practically before he hit the door, could address this motion first, which also had the added bonus of giving these people a lawful (yet irrelevant) way to throw both the father off of the case, right along with every single motion and piece of evidence he had filed.  ABANDONED HIS MOTIONS MY ASS...

RAAAAAAAAAAAAAAAAAAAIIIIIIIILLLLLLLLLLROOOOOOOOOAAAAAAAD!!

Here's one I love:  That we...or the mother, rather, did not pursue an application for the ICWA, but the county attorney...DID!!!!...at or around this particular time, WHEN THE CASE IS ALMOST OVER!!...WELL YA...after I filed a motion to INTERVENE HE DID!!

Please, if you will, remember that we didn't find out about ICWA, or the fact that the worker had deprived the mother of even knowing there WAS AN ICWA, until this whole thing was about over.  This was one of the motions these parents had filed just before the permanency hearing, and had the distinction of being the ONLY motion this crooked judge had the desire to hear out; after throwing away 17 other motions and all the evidence we had piled up against him, along with the father.  This is because, if this motion had NOT been addressed, it may have very well cost the man his job as a judge.  They make this look like THEIR effort to find out if maybe the Cherokees might want to be involved, when in fact this had been denied the mother FROM DAY ONE!  It was only because I had discovered that they had denied her this through fraud that it was even brought to light.  LYING LITTLE BASTARDS!!!  So, after the judge threw me, all of my evidence and all of my motions off of the case; and after the mother stood up and asked this biased judge to recuse the case and left also right behind me, he then called his goons, the Polk County Sheriff's office to bring the mother back so that he could find out what he needed to get out of this little mess.  Unfreekin'believable.  Then said we left and abandoned the rest.  Little @#$%!.

To polish off this pile of garbage (on this page, anyway), the broken record concerning the father continues on, stating ONCE AGAIN that I am not a party to this case, and that the father is attempting to represent the mother in this appeal...WHAT???  First of all, the mother is ALREADY PRO SE, and the father is representing HIMSELF, AND IS VERY MUCH A PART OF THIS APPEAL!!!!  Let me see if I can possibly make this more clear for this IDIOT!!  MY.....................RIGHTS...........WERE.........TERMINATED......SO ............OBVIOUSLY.........I.......AM..........A.........PARTY.........TO...........THE............CASE!!!!!!

And, to put the cherry on the top of this melted sundae, he then tries to accuse me of practicing law...ARE YOU SERIOUS?????  Give me a f***ing break. NEEEEEEXT!!!

As much as I'd love to dispute each and every legal site used in this cross-BS, there really isn't any sense in trying to dispute cites used to prove that this BS is correct, or lawful.  I've already wasted more than enough of your time in doing the former, so doing this would just be boring and redundant. But, if it will make you happy, I will take just a moment to point out that the VERY FIRST REFERENCE?  Shows you don't know your P's, Q's, R's OR your S's.  It states...and I quote, "[a]nd therefore he was not a party to the termination hearing."....endquote.  I believe I am, well after the Permanency hearing, mentioned in each and every document FOLLOWING that hearing, where it was determined I was no longer a party.  Sounds to me like I was still a party to the termination hearing folks.  And as that party, my rights were then duly TERMINATED.  You can't terminate the rights of a non-party to the case.  Nice try, too bad, so sad.  Either I wasn't a party to the case, and still have my rights, or I WAS a party to the case, and had them terminated.  I'm afraid you're going to have to make up your minds here.  Either way, this shows what IDIOTS you are, and on that merit alone, have zero defense to my being a party in THIS APPEAL. Phhhhhhhhhht.  I think I've said quite enough, concerning your so called legal cites in defense of your arguments.

FINALLY!!!!  Pompous windy bastards.  On to Issue II.

Now we have these idiots trying to prove to the Supreme Court, that because we didn't show up for the Termination Hearing, that we have NO RIGHT TO BRING AN APPEAL!!!!!

For those of you ignorant in this story, they scared us away from this hearing by FILING HARASSMENT CHARGES, ONE FIRST DEGREE AND 2-3RD DEGREES.  THEY DIDN'T WANT US TO SHOW UP, SO THEY COULD PULL THIS BS!!!  And, just to be certain we didn't show up, they called in the Secret Service!!!!  The unmitigated gall!!  Now, if you continue on to the next page, it states that we seek to justify our absense with information that is not a part of the record.

THIS RECORD?  well DUHHHH...it was a whole different case!!!!!  Of COURSE it isn't a part of the record.  WHAT IS WRONG WITH THESE PEOPLE???  ARE THEY MENTAL?

To conclude this little travesty of justice, kids, let's just say that I was GOING to post the answer that I intend to present to the Supreme Court, but I think I'm going to take some time on it, do it right, then dedicate a new post to it.  I think it deserves that.  Also, it would seem that we have yet ANOTHER name for the Bruce Bitch List.  Welcome, Katherine S. Miller Todd.  You are just another poor unlucky soul in a very long list of people who will ALSO be losing your job over this.  :D