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Spec IV Green files Motion to reopen Petition for Post-Conviction Relief
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IN THE CRIMINAL COURT OF SHELBY COUNTY, TENNESSEE
30TH JUDICIAL DISTRICT AT MEMPHIS
STANLEY GREEN )
Petitioner, )
VS. ) Case No. 92-09915
STATE OF TENNESSEE )
Respondent: )
MOTION TO RE-OPEN POST-CONVICTION RELIEF AND AUTHORITIES IN SUPPORT THEREOF OR IN THE
ALTERNATIVE CONSTRUE THIS MOTION AS TO BE A PLEADING FOR A WRIT OF ERROR CORAM NOBIS
__________________________________________________________________
Comes now, the Petitioner Stanley Green who moves this
Honorable Court to allow Petitioner to amend his original filed
pro se petition in order to Re-Open his petition for Post-
Conviction Relief, pursuant to the Post Conviction Procedure Act,
T.C.A. §40-30-101 et. seq., or in the alternative construe this
motion as a pleading for a Writ of Error Coram Nobis pursuant to
T.C.A. §40-26-105. In support of this motion, the Petitioner would
like to respectfully submit the following statement:
1
1. The Petitioner has previously filed his original petition for
Post-Conviction Relief in Shelby County Criminal Court Div
IX.
2. This is the first motion filed with Shelby County Criminal
Court Clerk to re-open the Petitioner’s petition for Post-
Conviction Relief.
3. Petitioner seeks to reveal to Shelby County Criminal Court
the whole truth that District Attorney Edgar Peterson has
unconstitutionally enforced T. C. A. §39-15-302 under color
of office, whereas Tennessee Supreme Court has upheld
the right to privacy in Davis v. Davis 1992 for cases
involving sodomy.
4. Judge William Crawford has written his opinion “It is
consistent with this State’s Constitution and constitutional
jurisprudence to hold that an adult’s right to engage in
consensual and noncommercial sexual activities in the
privacy of that adult’s home is a matter of intimate personal
concern which is at the heart of Tennessee’s protection of
the right to privacy, and that this right should not be
2
diminished or afforded less constitutional protection when
the adults engaging in that private activity are of the same
gender”.
5. Petitioner contends that the State of Tennessee recognizes
the custodial parent as having legal authority to render
consent for a minor age child to marry or engage in
intercourse prior to attaining the legal age of adulthood (i.e.
18).
6. The Petitioner will prove Shelby County Criminal Court has
withheld to uphold T. C. A. §39-17-309 in order to sentence
Petitioner to serve three (3) probation sentences for
indictment 92-09915 whereby Post-Conviction Relief or Writ
of Error Coram Nobis may be the only alternative to correct
judgment.
7. The Petitioner in no shape or form is seeking a re-trial of
indictment 92-09915. Rather, Petitioner is seeking
correction from Shelby County Criminal Court for ordering
Petitioner to serve three probation sentences under color of
law. Whereby, Shelby County Criminal Court has failed its
3
judiciary obligation to exercise oversight over Tennessee
lawmakers for passing the Tennessee Sex Offender Registry
(TSOR) in flagrant breach of T. C. A. §39-17-309.
8. The Petitioner respectfully requests that all claims and
information set forth in the original Petition be incorporated
with the claims and information brought by this motion to
re-open this petition for Post-Conviction Relief.
9. Your Honorable Court has found grounds to dismiss said
original petition on the legal basis that said petition is
outside the limitation period and no allegations have been
raised to suggest that the limitation is not applicable.
10. Further, Your Honorable Court is under the false and
misleading impression that the probation sentence for 92-
09915 has expired. The latter is untrue.
11. Probation sentence in respect to docket 92-09915 has
not expired as the Court may wish to contend. Rather,
Petitioner is serving added probation sentences that have
been ordered by the Tennessee Legislative Branch.
4
12. The City of Memphis Police Department (MPD)
Tennessee Sex Offender Registry (TSOR) serves as his
supervisory site. Petitioner has reported annually 10 days
prior to or after Petitioner’s birthday.
13. MPD has charged $100 to $150 annually to monitor
supervision. The police have searched Petitioner’s home
once a year without a warrant to make sure Petitioner is
living at Petitioner’s registered home address. Docket 92-
09915 is the basis of said unwarranted searches.
14. Petitioner hopes to furnish evidentiary proof that the
statute of limitation does not apply to the Petitioner. The
Petitioner is seeking Post-Conviction Relief on the premise
that his conviction has breached The Spirit of Laws
whereby, Edgar Peterson has acted under color of office to
prosecute the Petitioner, who was in lawful pursuit to
promulgate his 1990 Nationwide Alert.
15. The Petitioner has prepared My Paper Trail journal as
evidentiary proof to corroborate persistent efforts to voice
grievances to Disciplinary authorities in a timely fashion for
5
the 13th Judicial District for the Western Division of
Tennessee. Each Disciplinary authority has dismissed
investigation.
16. See My Paper Trail attachment http://mypapertrail2.underwriterweb.com
A. Court of the Judiciary (See p. 2089-2094)
B. Board of Responsibility (See p. 2075-2088)
C. U.S. District Court (See p. 2111)
17. Petitioner registered January 1995 with the Tennessee
Bureau of Investigation. (TBI) Petitioner has remained on
the TSOR for ten years without violation.
18. Attached is a letter dated July 31, 2006 from Pam Beck
sent to the Petitioner stating that TBI has not credited
Petitioner for time-served on the TSOR since January 1995.
Rather, 10-years time-served shall commence from June 2,
2000 and expire June 2, 2010. Petitioner must appear
before a Judge in Shelby County Criminal Court to
terminate his probation sentence from the TSOR.
6
19. District Attorney Tom Hoover has enforced TSOR ex
post facto law to indict the Petitioner May 2005 docket 05
03092 on the charge of Failure to Register.
20. Judge Fred Axley Div VI has heard Tom Hoover’s ex
post facto case. Petitioner acted pro se to submit 6 motions
which DA Tom Hoover didn’t answer. Petitioners motions
have sought to bring attention to Shelby County Criminal
Court that the DA has suppressed enforcement of T.C.A.
§39-17-309.
21. Ozment Law Firm has sent threatening letters August
4, 2005 and June 13, 2005 (See p. 65-66)
http://myupdates.underwiterweb.com to Petitioner’s
home to blackmail Petitioner to hire its attorney to
represent his defense. In lieu of its blackmail Petitioner
refused to hire an attorney from said law firm.
22. Judge Axley has appointed Attorney Larry Copeland of
Ozment Law Firm to represent Petitioner. Attached is a
letter dated May 20, 2006 that Attorney Copeland has sent
to the Petitioner to explain the additional statutory
7
probationary requirements that Tennessee lawmakers have
passed.
23. Petitioner has filed an affidavit of complaint against
Esquire Larry Copeland with James Vick Deputy Chief
Board of Professional Responsibility (BPR). Petitioner has
alleged that Larry has collected $500 from Petitioner under-
the-table for D.A. Tom Hoover to dismiss his case docket #
05 03092.
24. Petition is alleging that Attorney Copeland has
breached T. C. A. §39-16-703 to falsify his report to Judge
Riley in respect to an official proceeding. Attached are 2
letters (i.e. date omitted) Larry has written to Judge Jo G.
Riley. He has misled Judge Riley to believe that he would
furnish him with a copy of a Guilty Plea transcript. Instead,
he has submitted a Dismissal transcript of 05 03092.
25. Attached is a letter dated Jan 10, 2008 that Esquire
Copeland has written to James Vick. Larry admits to James
Vick that D.A. Tom Hoover has offered to drop charges in
lieu of a $500 donation to a nonprofit organization.
8
26. William L. Keys hasn’t furnished the Petitioner with a
Court receipt to document the business transaction that
Martha Jackson Shelby County Court Reporter has recorded
in her official transcript for February 7 and 9 2007.
27. Petitioner filed affidavit of complaint against Judge
Axley (File No. 07-3074) with Presiding Judge Joe G. Riley
Court of the Judiciary. Attached is a letter dated March 26,
2007 that Judge Axley has written to Judge Joe G. Riley to
deny charges of Judge Axley accepting payment under-the-
table.
28. Attached is a letter dated June 29, 2007 from J. Steven
Stafford Disciplinary Counsel Investigation Panel. His letter
has dismissed file no. 07-3074 on the basis Judge W. Fred
Axley has resigned from Shelby County Criminal Court.
29. Attached is a letter dated May 18, 2007 from Mayor
W.W. Herenton. He has returned a packet of information to
the Petitioner pertaining to said complaint that Petitioner
had filed against Judge Axley and Esquire Larry Copeland.
9
30. Petitioner has written a letter to Mayor Herenton to
voice grievances against the City of Memphis Police
Department (MPD) for constant harassment. Petitioner has
alleged that Larry A. Godwin Police Director has ordered his
staff under color of office to refrain from enforcing T. C. A.
§39-17-309.
31. Attached is a letter dated May 5, 2008 from Larry A.
Godwin Police Director sent to Petitioner. Larry has
submitted a false police report to mislead Mayor Herenton
to believe that Petitioner has been convicted of rape for
indictment 92-09915. Godwin’s staff has direct access to
Petitioner’s police records.
32. Attached is a letter dated May 25, 2008 from William
L. Gibbons District Attorney General. He confirms that
Director Godwin has filed a false police report concerning
indictment 92-09915. D.A. Gibbons has not brought criminal
charges against Larry in Petitioner’s behalf as the
victimized party.
10
33. Mayor Herenton is the Chief Law Enforcement Officer
for the City of Memphis. Pursuant to T. C. A. §39-16-502 a
violation of subdivision (a) (2) is a Class E felony. Director
Godwin has knowingly placed Petitioner in serious imminent
danger by filing a false police report of a rape conviction.
34. The City of Memphis Police Department (MPD) over
the past 14 years has processed criminal background
checks (CBC) to inform personnel managers, and/or HUD
etc. that the Petitioner has been lawfully convicted of rape.
35. Petitioner has been registered with the Vocational
Rehabilitation Services (VRS) of the Tennessee Department
of Human Services (TDHS) since 1994.
36. In year 2000 the Petitioner has graduated from
Tennessee Technology to earn his CDL license. MPD has
issued false police reports of rape to each personnel
manager. It has been impossible for Petitioner to secure
employment.
37. HUD has been responsible for furnishing Petitioner
public housing. Petition has applied for Section 8 housing,
11
high-rise or other available housing for Disabled Veterans.
Petitioner’s application has been rejected. Petitioner has
lived with elderly parents for a number of years in lieu of
said rejection.
38. Shelby County Tax Assessor has charged Mr. and Mrs.
Willie V. Green, Sr. to pay County property taxes. The TSOR
has required Petitioner to post the home address of his
elderly parents on the internet.
39. New Nations News Reporters Newsroom has reported
a news article entitled, Tennessee 34-year-old son of nigger
mayor arrested for raping 13-year old girl. This article is
about the son of Shelby County Mayor A C Wharton, Jr.
40. Any crack pot lunatic could utilize the TSOR website to
obtain the address to mail biological agents to Petitioner’s
home address in attempt to harm his parents for
accommodating Petitioner with housing in our local
community.
41. Mayor Herenton has awarded Mr. and Mrs. Willie V.
Green, Sr. for their 65th Wedding Anniversary (See p. 382).
12
Petitioner’s parents have demonstrated outstanding
citizenship throughout their 65 plus years city residency.
42. The MPD has constantly harassed the Petitioner’s ex-
wife Sandra K. Green # 2 at 970 Galloway Ave. 38105. The
MPD has made it virtually impossible for the Petitioner to
live in our community without fear of police harassment
and/or intimidation. The latter has exacerbated the
Petitioner’s divorce. The MPD justify the new ex post facto
law as its legal authority for harassment.
43. T. C. A. §39-17-309 is an ipso facto law that makes the
TSOR null and void in the State of Tennessee. Whereby,
Tennessee General Assembly has determined that
Tennessee State Constitution may not support any
legislation that may seek to incite fear, harassment and/or
intimidation against citizens of our community to exercise
his or her Civil Rights.
13
OBSTRUCTION OF JUSTICE
1. Petitioner has testified under oath before Judge H.T.
Lockard Div IV to announce his lawful pursuit to
promulgate his 1990 Nationwide Alert. His preliminary
court transcripts may serve as proof of his sworn
testimony.
2. January 9, 1989 (See p. 1896) Gentry Crowell former
Tennessee Secretary of State has officially date stamped
Petitioner’s charter of incorporation to organize the
National Bureau of Criminal Justice Research, Inc.
(NBCJR).
3. January 1990 (See p. 1897) Minister Bill Paul has
designated NBCJR as an official chapter of the Ministry
for Economic Development (MED). As a member of MED
Petitioner’s nonprofit organization has become exempted
from paying Federal and/or State income taxes.
4. June 27, 1990 (See p. 1899) Charles W. Brown Director
State Clearinghouse has duly approved Petitioner’s Plan
14
Proposal (CHTN62790-043) entitled, Nationwide Alert
pursuant to Presidential Executive Orders 12372 and
12416 and Gubernatorial Executive Order 58.
5. July 19, 1990 (See p. 1900) Maynard Pate Executive
Director Greater Nashville Regional Counsel (GRNC) has
reviewed and seconded his approval of Petitioner’s Plan
Proposal to secure Federal Grant assistance.
15
6. July 24, 1990 (See p. 1991) Eugene H. Dzikiewicz
Director Discretionary Grant Program Division Bureau of
Justice Assistance (BJA) has rejected Petitioner’s
application for Federal grant money which had already
been cleared by Tennessee State Clearinghouse for
Federal Grant Assistance.
7. Judge H. T. Lockard has committed a flagrant error by
neglecting to investigate Petitioner’s sworn testimony.
Judge Lockard has committed an obstruction of justice to
impede Petitioner’s lawful pursuit that has been
authorized by Presidential Executive and Gubernatorial
Executive Orders.
8. Nationwide Alert (See p. 1829 – 1893) had sought to
erect a Humanitarian Observatory (HNO) in Shelby
County. HNO has been tailor-made to train police how to
apply Petitioner’s Binary Math Course to predict and
prevent the outburst of random violence in public
workplaces and/or schools.
16
9. Petitioner’s HNO has been purposed to serve as a major
tourist attraction to generate billions of dollars for the
State of Tennessee and Shelby County.
10. Petitioner’s HNO would have spared the lives of the
child victims that have been senseless murdered during
the decade of the 1990’s school massacres:
A. Michael Carneal December 1, 1997 Paducah, KY
B. Luke Woodham October 1, 1997 Peal, MS
C. Mitchell Johnson and Andrew Golden March 24, 1998
Jonesboro, AR
D. Eric Harris and Dylan Klebold April 20, 1999 Columbine,
CO
FACTS ABOUT PETITIONER’S CASE 92-09915
1. October 8, 1992 Edgar Peterson had indicted Petitioner on
the charge or rape and incest of his daughter Barbara
Green. Pretrial had set his bond at $5000 for his release.
17
Petitioner’s family paid Brisco Bonding Company $500 as
security.
2. Petitioner’s case was assigned to Judge Joseph B. Dailey Div
V. Judge Dailey appointed Attorney Sherrye J. Brown to
serve as his Public Defender. Petitioner met with Attorney
Brown in her office. She has advised Petitioner to plead
guilty. Petitioner rejected her legal advice. In the
alternative she advised Petitioner to pursue an insanity or
mentally incompetent defense. Petitioner rejected her
alternate legal advice. Petitioner informed Attorney Brown
that he wished to exercise his legal right to bring charges
against Shelby County Sex Crime Squad Division (SCSCSD)
and Tennessee Department of Human Services (TDHS) for
criminal negligence to investigate his Mandatory Child
Abuse Report that Petitioner has filed in 1986 against his
next door neighbor Jeremiah Allen for sexual assault against
his daughter Barbara Green. Attorney Brown has advised
Petitioner that he could not bring counter charges against
SCSCSD or TDHS. She has stated that Judge Dailey would
18
not allow the jurors to hear Petitioner’s criminal charges as
counter criminal complaint.
3. Attorney Brown advised Petitioner that Judge Daily may
revoke his bond if he were to miss his appointment with Dr.
Andrea L. Nichols Midtown Mental Health (MTMH) for a
preliminary psychiatric evaluation. Petitioner met with Dr.
Nichols. She interviewed Petitioner. Dr. Nichols has written
a letter dated March 8, 1993 to Judge Dailey (See p. 1965).
She has recommended Shelby County Criminal Court
transfer Petitioner to Memphis Mental Health Institute.
4. Judge Joseph B. Dailey Div V. had convened a bond hearing
in March 1993. District Attorney Edgar Peterson served as
prosecutor in behalf of the People. Peterson had presumed
from the outset that the Petitioner was guilty.
5. D.A. Edgar Peterson introduced an anonymous letter that
Petitioner’s ex-wife Sandra Green # 1 had brought to Court.
Sandra has testified under oath to allege that Petitioner was
the author of her anonymous letter. Judge Dailey read her
anonymous letter in open Court. Judge Dailey has asserted
19
Sandra’s letter as his legal basis to justify revocation of the
Petitioner’s $5000 criminal bond.
6. Judge Dailey had ordered Shelby County Sheriff to
involuntarily commit Petitioner to Middle Tennessee Mental
Health Institute (MTMHI) in Davidson County, TN to
undergo a 30-day psychiatric evaluation at taxpayers’
expense. Yet, Dr. Nichols had recommended Judge Dailey to
transfer the Petitioner to Memphis Mental Health Institute
(MMHI) of Shelby County.
20
7. Petitioner’s psychiatrist Melvin Golden of Charter Lakeside
Hospital of Memphis in May 1992 had referred Petitioner to
VA Hospital and U.T. Medical Group for follow up therapy
and psychiatric examinations. Judge Dailey had committed a
gross legal error. He has waste Shelby County taxpayers’
money to involuntarily commit the Petitioner to MTMHI in
Davidson County.
8. Visit the following website as evidential proof of Petitioners
testimony:
http://www.globalsecurity.org/military/library/congress
/2004_hr/040225-rau.pdf. Dr. Terri J. Rau is a clinical
psychologist for the Armed Forces.
9. Veterans Affairs has contracted Dr. Terri J. Rau to
administer a comprehensive psychosexual examination to
experiment in Shelby County. September 1992 Dr. Rau has
enrolled the Petitioner to serve as a guinea pig at UT
Medical Group for her psychosexual experiment (See p.
1944). Her staff has attached electrodes to the penis of the
Petitioner to measure his erections. Petitioner was
21
instructed to view pornographic audio/visual stimuli. Dr.
Rau has reported her findings to the Subcommittee on
Personnel of the Senate Services Committee.
10. Dr. Rau has recorded the Petitioner’s interview on
page 5 (See p. 1957) of her psychosexual evaluation. He
told her about his former friend Jeremiah Allen raping his
daughter Barbara Green. Pursuant to Child Abuse
Prevention and Treatment Act (CAPTA) Dr. Rau should have
filed a Mandatory Child Abuse Report with Shelby County
District Attorney General to prosecute Mr. Allen.
11. Shelby County Criminal Court doesn’t have on file any
indictment to prosecute Jeremiah Allen for sexual assault of
Barbara Green. Yet, Shelby County Sex Crime Squad
Division (SCSCSD) does have a police report that Petitioner
has filed in 1986 against Mr. Allen for child sexual
molestation of Barbara Green.
12. Petitioner has informed Attorney Sherrye Brown and
Mark McDaniel concerning Mr. Allen’s sexual assault of his
daughter Barbara Green. Each attorney has advised
22
Petitioner to pursue an insanity defense rather than to plead
his mitigating circumstance to jurors as his counter criminal
complaint.
13. Petitioner has equal right to bring counter criminal
charges against Jeremiah Allen for sexual molestation
and/or rape of Barbara Green. Each Public Defender has
breached his 14th Amendment Right to equal protection.
14. Dr. Larry Southhard of MTMHI reported to Judge
Dailey Petitioner’s clean bill of health. He has informed
Judge Dailey that Petitioner was not a danger to himself or
others. He wasn’t insane at the time his offense had
occurred. He was mentally competent to stand trial. In lieu
of said report, Judge Dailey refused to reinstate his $5000
bond. Instead, he raised Petitioner’s bond to $20,000. His
only justification was Sandra Green’s # 1 anonymous letter.
15. Petitioner has promptly filed affidavits with the Court
of Judiciary to discipline Judge Dailey for depriving him due
process. Presiding Judge Sheila Jordan Cunningham has
dismissed Petitioner’s affidavits (See p. 2090 & 2094).
23
16. Public Defender Sherrye J. Brown had recused herself
of representing Petitioner in lieu of his affidavit against her
with Lance Bracey (See p. 2077-2078). Petitioner had
alleged Attorney Brown of pursuing an insanity or mentally
incompetent defense strategy against his vehement protest.
17. Judge Dailey has appointed Attorney Mark S. McDaniel
to represent him in lieu of Attorney Brown’s recusal. Mark
cross-examined Petitioner’s ex-wife. Mark committed a
gross legal error by neglecting to ask Judge Dailey to allow
him to physically examine the handwriting and/or signature.
The letter had been type- written and didn’t have an
opening salutation or closing signature. It was his word vs.
Mrs. Green as to who the true author of her anonymous
letter. Judge Dailey denied his right to testify under oath.
Sandra’s word has prevailed.
18. Petitioner had hoped to testify under oath during his
bond hearing that he has 4 licensed psychiatrists who have
treated his psychosexual disorder. Attorney McDaniel failed
to summon either psychiatrist to testify for the Petitioner.
24
A. Dr. Melvin Golden Charter Lakeside Hospital
B. Dr. Anne Ayres VA Hospital of Memphis
C. Dr. Kent Cox VA Hospital of Memphis
D. Dr. Terri J. Rau U.T. Medical Group
25
19. Judge Dailey has stated in Petitioner’s March 8, 1993
transcript that he had heard enough. He denied Petitioner
the right to testify at his own bond hearing. He has elected
to revoke Petitioner’s $5000 bond and ordered Shelby
County Sheriff Deputies to transport Petitioner to
Murfreesboro of Davidson County in shackles and handcuffs
for involuntary commitment into MTMHI.
20. Pursuant to T. C. A. §36-6-105 & 106 Judge Dailey had
committed a gross legal error. He has neglected to obtain a
Certificate of Need prior to involuntary commitment into a
State owned and/or operated hospital.
21. Dr. Larry Southhard MTMHI has communicated 4
letters (See p. 1971-1978) dated March 12, 1993; May 13,
1993; April 22, 1994 and March 28, 1994 to Attorney
McDaniel to discuss Petitioners medical records without
consent.
22. Attorney McDaniel has written two letters (See p.
2070-2071) dated April 13 & 14, 1993 to Petitioner while
restrained at MTMHI. His April 13th letter was belligerent
26
telling Petitioner that he would decide the defense strategy
to defend his case. His April 14th letter refused to file a Writ
of Habeas Corpus in behalf of the Petitioner in lieu of his
complaints towards Sheriff Deputies in SCJC.
23. Petitioner has testified under oath to Judge H.T.
Lockard Div IV that Attorney McDaniel was misrepresenting
Petitioner’s defense. Mark has misled Judge Lockard to
believe Petitioner was mentally incompetent to stand trial.
Later, Mark has allowed the Petitioner to stand trial to
enter a guilty plea.
24. Judge Lockard has committed a gross legal error.
Petitioner had asked Judge Lockard to dismiss Attorney
McDaniel. He demanded Judge Lockard to allow him to
represent himself pro se. Judge Lockard laughed it off and
quoted Mark Twain, “A client who represents himself for a
lawyer has a fool as a client”.
25. Petitioner has spent 450 days incarcerated in SCJC to
undergo a 1st and 2nd 30-day psychiatric examinations at
27
MTMHI without a Certificate of Need being signed. Judge
Lockard had ordered a 3rd psychiatric evaluation at MTMHI.
26. Judge Lockard was inflicted by a stroke. Judge Doran
was appointed as substitute of Div IV. Attorney McDaniel
persuaded Judge Doran to allow the Petitioner to stand trial
to plead guilty. Yet, Mark had argued for 15 months before
Judge Lockard that the Petitioner was mentally incompetent
to stand trial. Mark has misrepresented the truth to Shelby
County Criminal Court.
27. Judge Doran has convicted Petitioner June 2, 1994 of
incest. He has issued a Court Order for Petitioner to serve
six-year State Probation with the Tennessee Department of
Probation and Parole (TDPP). He has denied Petitioner
diversion as a first-time felony offense. Also he has failed to
credit Petitioner for 15 months time –served in SCJC to
undergo 2 psychiatric evaluations. Instead, Judge Doran
fined the Petitioner for nearly $6000 Court cost. He
neglected to order Brisco Bonding Company to refund the
28
$500 that the Petitioner had paid for a criminal bond that
Judge Dailey had revoked.
28. Judge Doran has included in his Court Order for
Petitioner to attend psychiatric counseling. Tennessee
General Assembly has determined that each felon that has
been convicted of any sexual offense may suffer from
psychiatric illness. Tennessee Lawmakers have spelled out
precise medical procedures for the Tennessee Department
of Corrections (TDOC) and/or TDPP to administer medical
supervision of convicted felons for sexual offenses.
A. T. C. A. §38-6-802 Examination Upon Conviction
B. T. C. A. §38-6-803 Certificate for Treatment
C. T. C. A. §38-6-804 Examination Prior to Release
D. T. C. A. §38-6-805 Post-Plea Treatment
29. Judge Doran and/or Shelby Criminal Court have been
clearly in error not to exercise judiciary oversight over
TDPP in respect to Petitioner’s felony conviction. TDPP
probation officers have grossly neglected to administer
29
Court ordered supervision of the Petitioner for psychiatric
counseling.
30. TDPP is unable to furnish Shelby County Criminal
Court any record to show its staff has fulfilled the legal
requirements of §38-6-802 thru §38-6-805.
31. June 3, 1994 Petitioner visited the Social Security
Administration (SSA) to file for his disability benefits.
Petitioner claimed on his application that Shelby County
Criminal Court has violated his Civil Rights to involuntarily
commit Petitioner into MTMHI without proof of a Certificate
of Need.
32. Willie Henry, TDPP probation officer has neglected to
file a Restoration Form for Shelby County Election
Commission to restore Petitioner’s Voting Rights.
33. Attached are two letters dated June 12, 2008 and Nov
22, 2007 from James H. Johnson Shelby County Election
Commission sent to the Petitioner in respect to
reinstatement of Voting Rights.
30
34. Attached is a letter dated August 20, 2007 from Mayor
A C Wharton, Jr. sent to the Petitioner that proves the
Petitioner has contacted Mayor Wharton of to protest unjust
disenfranchisement of his Voting Rights as a U. S. Veteran.
35. Attached is a letter date March 17, 2008 from Brian L.
Kuhn Shelby County Attorney sent to the Petitioner in
respect to Restoration of Voting Right.
36. Attorney Mark S. McDaniel has written a letter dated
November 7, 1994 (See p. 2074) addressed to the
Petitioner. Mark’s letter has enclosed Petitioner’s discovery
information 5 months after Petitioner’s June 2, 1994 felony
conviction. Petitioner alleges that Mark has purposefully
withheld his discovery information to coerce the Petitioner
to enter a guilty plea.
37. Petitioner has filed multiple complaints with the BPR
and/or COJ to investigate his grievances against Judge
Dailey, Judge Lockard, Judge Axley, Attorney Sherry J.
Brown, Attorney McDaniel et al. for ethical misconduct.
Each ethical complaint has been dismissed without any
31
investigation. As a result, the Petitioner had no other choice
but to plead guilty to incest.
32
38. 38. Petitioner motions for Shelby County Criminal
Court to over turn Petitioner’s guilty plea entered for docket
92-09915 on the following:
A. Judge Dailey denied Petitioner to testify at his March 8,
1993 bond hearing
B. D.A. Edgar Peterson introduced an anonymous letter to
revoke bond
C. Judge Dailey revoked Petitioner’s bond without sufficient
evidence
D. Judge Dailey and Lockard failed to prove author of
anonymous letter
E. Judge Dailey and Lockard failed to obtain a Certificate of
Need
F. Judge Dailey and Lockard wrongfully committed
Petitioner to MTMHI
G. Attorney Brown and McDaniel pursued a fraudulent
defense strategy
33
H.Attorney McDaniel withheld discovery evidence from the
Petitioner
I. Judge Doran denied Petitioner right to diversion first-time
felony offense
J. Tennessee lawmakers added probation sentence to
indictment 92-09915
K. MPD has charged Petitioner annual fees to supervise
added probation
L. MPD has harassed Petitioner by enforcing unwarranted
searches
M. MPD has issued false police reports of rape for
indictment 92-09915
N.MPD has withheld legal enforcement of T. C. A. §39-17-
309
O.Tom Hoover has prosecuted docket # 05 03092 ex post
facto
P. Judge Axley has extorted $500 from Petitioner in docket
# 05 03092
X ______________________________ DATE _________________
34
Petitioner
ATTACHMENTSOFFICIAL OFFICE DOCUMENT
Phil Bredesen TN Governor Oct 19, 2007 LetterPam Beck TBI July 31, 2006 Letter
A C Wharton, Jr. Shelby County Mayor
Aug 20, 2007 Letter
Brian L. Kuhn Shelby County Attorney
March 17, 2008 Letter
James H. Johnson Shelby County Election
June 12, 2008 Letter
William L. Gibbons District Attorney General
May 27, 2008 Letter
Mark H. Luttrell, Jr. Shelby County Sheriff
May 1, 2008 Letter
W.W. Herenton Memphis Mayor May 18, 2007 LetterLarry A. Godwin Memphis Police
DirectorMay 5, 2008 Letter
Sgt. L. Pride MPD SOR May 30, 2006 LetterJoseph S. Ozment Ozment Law Firm June 13, 2005 LetterLarry E. Copeland,
Jr.Ozment Law Firm May 20, 2006
LetterLarry E. Copeland,
Jr.Ozment Law Firm Feb 7, 2007 Receipt
Larry E. Copeland, Jr.
Ozment Law Firm No Date Letter (2)
Larry E. Copeland, Jr.
Ozment Law Firm Jan 10, 2008 Letter
Martha A. Jackson Official Court Reporter
Feb 7, 2007 Transcript
Martha A. Jackson Official Court Reporter
Feb 9, 2007 Transcript
W. Fred Axley SCJC Div VI March 26, 2007 Letter
Joe G. Riley TN Court of June 19, 2007 Letter
35
JudiciaryJ. Steven Stafford TN Court of
JudiciaryJune 29, 2007 Letter
James A. Vick TN BPR June 24, 2008 Letter
36
Recommended