Well, thanks to an order that come through the Supreme Court today....after months of what was certainly a very awkward silence (not unlike a child with it's hand caught knee-deep in a cookie jar; mainly because they see that there's no way to win here; and knowing that I won't, by any stretch of the imagination, keep the case quiet i.e., confidential), they've found a way to weasel out of addressing the issues brought against them in our appeal, in just about the only way that remains to them. Tricky little devils they are, they are.
So, a little history here, there was an appeal, of course, filed back in March 27th of 2015...and because the crimes brought against Polk County in our child removal case were so numerous and heinous, and involved so many of the elected officials in our state and county, they've been stuck in neutral, and haven't wanted to proceed, trying to invent some way to get out without looking illegal and unjust. The petition, filed by the appellants, can be found here, if you need a refresher:
http://themightyswordamericasdeadlysins.blogspot.com/2015/04/the-petition-of-appeal.html
After 6 months of waiting (most appeals are dealt with in around 4-6 months), and telling me, for 5 months straight that it was "under consideration", they then told me that it wasn't moving forward, and that it wasn't even a case as yet, because I have failed to do 3 things. Now, not only are these things that the average citizen would even consider to be something they would have to do, but they were, because of these things, about to dismiss the whole thing...because I hadn't done them.
1. They were waiting on the filing fee to be paid. Wouldn't this be in need of mentioning almost immediately, if this were an issue? Of course it would. 2. I hadn't asked the lower court to shuffle the records of the proceedings to the Supreme Court...are you serious?? Wouldn't your average logical person think they would have to do that? They didn't...and they don't. This was made quite clear. 3. I was required to not only pay for the transcripts of the proceedings and make pay arrangements (at $3.50 a page, somewhere around $1000 for all of the proceedings) to get them, I was required to ask the lower courts to produce them and get them to the Supreme Court as well.
This appeal, of course, did not only cover the Termination of our Parental rights, it covered the entire case, start to fini. We of course, were indigent, and couldn't afford to pay $150 for the appeal, we certainly couldn't afford $1000 for transcripts...so we filed AGAIN for indigency, had the filing fee waived, and an order was issued by the criminal Judge Price, 6 months after being asked to issue another order claiming we weren't able to pay for things, ordering the transcripts be produced. I saw the order, but evidently didn't read it too well. How did I discover this? I got this in our case, just the other day:
Now, in case you can't see what they've done here, see, we didn't show up for the termination hearing. Why? Because they made me miss it, by putting out a warrant for my arrest for something they claimed I had done almost 2 months prior to the hearing date...because they wanted me to miss the termination hearing. Why did they want me to miss the termination hearing? Because then, as far as appealing this case went, I would, according to Iowa Law, have NO STANDING to appeal it. Fortunately for us, we covered this in our appeal, and provided proof of it for days, in our petition....with only one problem, now, in case you really missed how they intend to get away with it.
See, because of this order, stating that the transcripts of the court hearing we missed, the termination hearing' were to be produced at state expense, issued by Judge Price around 6 months ago (we smiled with satisfaction upon seeing it, but little did I notice that it only ordered that the transcripts FOR THE TERMINATION were to be produced at state expense), this order states that we have 14 days...to pay for the other hearings. I knew they'd find a way, didn't you? They know damn well we can't afford this.
So here's the deal America. I've been exposing this state and its criminals for nigh on almost 2 years now...and they're about to win this war....because I can't cough up the necessary $800 or so needed to produce the transcripts for this entire case...the only transcripts that the state will pay for are the ones for the hearing that we didn't show for...'magine that.
I have never in my life ever asked you for anything, my friends. I have battled hard for all of you, nearly every day of this entire 1 year and 8 months, and never have I expected anything from you in return. NOW, I'm begging for your help. I need $800 to get these transcripts produced, a.s.a.p...before the 14 days is up...or I may very well lose this case.
See that little DONATE button up there to your top right, at the top of the blog, in orange? I need $800, and I have about a 1000X more likely chance of beating this case in court and getting my daughter back...please, help, with that, if naught else...and I swear, I will never ask for another thing as long as I live. I am about to add 3 more "levels" of giving...all geared towards getting these transcripts made before the end of April...$5, $2, and $1. I have over 2000 friends....surely a couple of bucks wouldn't kill you?? Thank you, in advance...may the Lord bless your fight, either way, regardless. :D
Rule 6.204 Filing fee and transmission of record. Within seven days after filing the notice of
ReplyDeleteappeal, the appellant shall pay the filing fee as provided in rule 6.702(1) or request waiver or deferral
of the fee pursuant to rule 6.702(2). Within 30 days after the filing of the notice of appeal, the appellant
shall request the clerk of the district court to transmit the record to the clerk of the supreme court.
The clerk of the district court shall certify the record and its confidential nature.
6.204(1) Record on appeal in child-in-need-of-assistance appeals. In appeals from
child-in-need-of-assistance proceedings, the record on appeal shall include the following:
a. The child-in-need-of-assistance court file, including all exhibits.
b. Any transcript of a hearing or hearings resulting in the order from which an appeal has been
taken.
6.204(2) Record on appeal in termination-of-parental-rights appeals. In appeals from
termination-of-parental-rights proceedings, the record on appeal shall include the following:
a. The termination court file, including all exhibits.
b. Those portions of the child-in-need-of-assistance court file either received as exhibits or
judicially noticed in the termination proceedings.
c. The transcript of the termination hearing.
6.204(3) Record on appeal of post-termination rulingsin termination-of-parental-rights cases. In
appeals from post-termination proceedings, the record on appeal shall include all of the following:
a. The order or judgment terminating parental rights.
b. Any ruling on a motion for new trial under Iowa R. Civ. P. 1.1007 or a motion under Iowa R.
Civ. P. 1.904(2).
c. The post-termination order from which the appeal is taken.
d. Any motion, resistance, or transcript relevant to the post-termination order from which the
appeal is taken.
[Court Order October 31, 2008, effective January 1, 2009]