Injustice and corruption in Memphis Courts
Injustice and corruption in Memphis Courts
- On November 5th 2019 I was not given a fair hearing which violates my 14th Amendment my due process rights a right to a fair trial I, filed the appeal on October 18,2019 in General Session Court and received notification of a new hearing in Circuit Court on October 22, which was pretty fast ,and I wasn't giving enough time to prepare or to hire council as if Attorney Brian Yoakum asked Judge Smith to choose this case before any other Judge had a chance to ,due to there relationship and that there related through marriage through Carolyn Yoakum Smith and Dr.Mark Stephen Smith which shows Commissioners Personal Interest judge Valerie Smith also knowingly knew that the attorney Brian Yoakum was violating Rules of Civil Procedure and Rules of Professional Conduct before the hearing started because the attorney told me that he had filed a pre trial brief on November 4th the day before the hearing and said that he sent it in the mail and that I needed to answer some of the things that where brought about so, I went to the clerk's office and asked for copies, they said that I would have to pay for copies and that the brief was supposed to be filed 5 days before the hearing, I told commissioner Smith what the Clerk said and she asked me which clerk told me that so she can discipline them for acting as an attorney ,Mr. Yoakum lied because according to the certificate of service he stated that on the 6th day of November the foregoing was served via Us Mail and FedEx overnight , the 51 page Pre Hearing Brief even shows the proof of the evidence that attorney Brian Yoakum presented during the De novo hearing violating the rules of the proceedings and also Rules Of Civil Procedure, Ethics Rules and Rules Of Professional Conduct .This shows the bias and prejudice of Commissioner Smith because she was more interested in punishing the clerk instead of sanctioning Mr Yoakum. Also my Due Process rights was violated before the hearing started ,because the judge Valerie Smith asked me do I understand that she cant treat me no different than the attorney since I wanted to defend my self, that's when I asked her can I get an postponement so I can obtain counsel, she said no and that she don’t think that Mr. Yoakum would agree to a postponement,which violated my rights to a fair trial, and one of my witnesses had a recorder in court ,and I also requested the voice and written transcripts from Attorney Yoakum of the hearing, to make sure that they don't tamper with it ,because it's my constitutional right to be able to obtain a copy and he denied me
During the hearing after cross examination of the petitioners witnesses the judge allowed each one of them to leave before I was given a chance to present my evidence to defend there statements she only had four witnesses and each one only testified that they saw me on Beale Street not one time did they say that I came in contact with the petitioner nor did the petitioner say that I came in contact with her or that she came in contact with me, because I was on Beale Street minding my own business and the Protection Order didn't contain a Stay Away Provision neither nor did the Extended order of protection from David Reed: ( Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet).
(7). Commissioner Smith failed to recognize the fact from the testimony that my witnesses gave when I crossed examined them when each one said that I was protesting against the company ,and that proved that my actions were never directed towards the plaintiff. She also failed to recognize the fact that, I caught the plaintiff in a lie after cross examination, of her and one of my witnesses .She also failed to recognize the fact that the plaintiff said that she manages 5 other restaurants downtown, if I was stalking her then why was I never seen outside of any of those places of business where she works, a stalker, follows a person, a stalker pops up at a person's house, a stalker pops up on a person getting into they're vehicles, a stalker doesn't stand in front of a working surveillance camera, in one place with a sign protesting against a company, surrounded with a heavy police presence, my arrest affidavit even stated that I was protesting outside of the place I was fired from ,not at the restaurant she was at working when she called the police on me ,the plaintiff never presented to the court a text message where I physically threatened her as she says in the order of protection, couldn't prove that she was even on Beale street during the times when I was protesting and they have working cameras the spot I was standing in protesting I chose to stand in that spot and protest because of the camera in case I they tried to make up any lies against me but they failed to present any video footage because it would work in my favor and prove that there lying
(8). Judge Smith also allowed them to use hearsay and Facebook post that they created on a fake profile pretending to be me, as evidence which should have been inadmissible, because I never mentioned the plaintiffs name or tagged her in any of my posts nor was her name mentioned in any of the post that Attorney Yoakum used as evidence and she's not my friend on Facebook my account is private
(9). Commissioner Smith also amended my order of protection from 1 year to 3 yrs. when all I did was file an appeal I feel as if I wasn’t granted a fair hearing due to the fact that commissioner Smith and Brian Yoakum are related and her husband is friends with the attorney and his wife as well, I also feel as if commissioner Smith wasn't chosen to hear this case and that she purposely took the case with intentions to favor the plaintiff because of her and her husband's relationship with the attorney and his wife ,I'm asking that the courts looks into this matter because ,this is a miscarriage of justice and an error of impunity because she wasn't interested in any of the evidence that I was trying to present, especially after the attorney Brain Yoakum told her a lie like I threatened to get Black Lives Matter to protest against them and the courts for being racially biased The judge Valerie Smith also allowed the attorney Brian Yoakum to mention things that truly didn't have anything to do with the hearing such as I got a pending lawsuit with the EEOC against the company and that I filed a defamation of character against the plaintiff for filing a false police report and that I sued a company in Pittsburgh and that this is my intention to sue and a lie like I threatened him and the lie like I said I was going to get the black lives matter to protest against them and the courts, and commissioner Smith not one time during my hearing made an objection against Attorney Yoakum She also awarded that I pay the Plaintiff attorney Brian Yoakum fees of 12,000 dollars which I find very unconstitutional ,because Mr. Yoakum is the company's attorney which has quit a few political ties and I can't think of one attorney that charges 12,500 dollars for a few hours