Public Corruption of District Court Judge Samuel A. Cathey; Forged Judgment; Abuse of Cyberstalking Statute to Wage a Witch Hunt; Abuse of NCGS Chapter 50C to Hunt a Witch

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JLS

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Nov 17, 2012, 8:52:40 AM11/17/12
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FROM:

Larry Smith

TO:

First Amendment Law Review
UNCCH College of Law
Chapel Hill, NC

Law Journals
Duke University College of Law
Durham, NC

Campbell University Law Observer
Raleigh, NC




Saturday, November 17, 2012 7:43 AM

Wednesday, November 14, 2012 3:24 PM
Dear Sirs and Madams:

In the Buncombe County District Court, criminal division on 21
February 2012, Hon. Samuel Cathey, after a bench trial, issued a
"continued prayer for judgment" (commonly called a "PJC") on condition
defendant comply with a NCGS 50C order now in the NC Court of Appeals
(scheduled for hearing on the brief 26 November 2012), and payment of
over $500 in costs in file no. 11 CR 062224, State of North Carolina
vs. James Lawrence Smith, charged with cyberstalking, an aggravated
misdemeanor.

Under NC law this was a final district court judgment, and immediately
upon the rendering of this judgment, the defendant gave notice of
appeal to Superior Court for a trial de novo and a petit jury, which
was his right under NC law.

The notice of appeal in open court not only completely vacated and
annulled Judge Cathey's judgment and punishment, but also removed from
the judge any further jurisdiction in the matter except as to the
appearance bond which he left unchanged. Jurisdiction was now in the
Superior Court.

The proceedings were recorded by electronic recording which may be
duplicated and transcribed for your hearing and inspection.
See:

http://www.buncyblawg.com/2012/11/15/crooked-judge-samuel-a-cathey-of-statesville-nc/

to hear the open court judgment of Judge Cathey by scrolling to a
centimeter from the end of the mp3.


The judge clearly issued a judgment continued on conditions, which
under NC law is immediately appealable to Superior Court and a jury.

At some time after the judge issued the judgment and notice of appeal
was immediately made in open court, the judge forged a new judgment by
striking the PJC. You can see evidence of this corrupt alteration
here:

http://www.buncyblawg.com/2012/11/13/samuel-cathey-scam-sheet/

2/3rds down the page.

The clerk of superior court would not allow us to have a certified
copy of this judgment, but two BCSD deputies and I saw the altered
original judgment in the clerk's office and saw where the alterations
were made, the clerk's minutes also had been altered, and the "X"
which had been made in the block for continued judgment had been
almost completely whited out with liquid plastic whiteout.

The judge, therefore, without authority and without notice to the
defendant, secretly altered his original judgment and sentenced the
defendant to 30 days in the Buncombe County jail.

The 67-year-old defendant made four onerous appearances in Superior
Court, week after week. Defendant's attorney repeatedly advised
defendant to request the Superior Court judge to allow him to comply
with the prayer for judgment of the district court, although it did
not speak the truth. If the defendant had agreed to comply with the
forged judgment, he would have immediately been surprised, shocked!,
by being jailed for 30 days, pursuant to the unlawfully forged
judgment.

To reiterate and make clear just exactly what occurred which was
corrupt, the judge had NO AUTHORITY to do anything further other than
the ministerial act of signing a judgment reflecting his verdict and
punishment in open court, once the defendant gave notice of appeal.
This is settled law in North Carolina. See citations below.

So what Judge Cathey did was to punish the defendant for appealing the
judgment. Defendant had a right by NC law to appeal for trial de novo
in the Superior Court trial division of the General Court of Justice.
The judge's corrupt acts are also unconstitutional, as prohibited by
the Due Process guarantees under the 14th Amendment, and in violation
of the North Carolina Constitution [Law of the Land]. See references
to the relevant law below. In addition the judge violated the
Judicial Canons of Ethics, and further violated Chapter 15A of the
General Statutes of North Carolina which clearly divest the District
Court judge of any further authority regarding the judgment and
sentence after announcement of notice of appeal.

The trial and the judge's original sentence are preserved verbatim on
compact disc, which I will be happy to provide for you on request.

Defendant has good reasons to believe that various clerks, and even
the Clerk of Superior Court of Buncombe County, actively participated
in this judicial fraud and its coverup after discovery.

Thank you for your consideration in this very serious matter. I am
the defendant, James Lawrence Smith. You are welcome to question and
interview me. I have nothing to hide.

James Lawrence (Larry) Smith
199 Aurora Drive
Asheville, NC 28805
[cell number redacted]

weblog: http://www.buncyblawg.com
________________________________
citations and references

1. See _In re Renfer,_ wherein District Court Judge Susan Renfer was
reprimanded by the NC Judicial Standards Commission for similar
corrupt behavior
http://www.aoc.state.nc.us/www/public/sc/opinions/1997/498-96-1.htm
(illegally raised defendant's bond to $3,000 cash in State vs. Roger
H. Lake, Jr.)

2. See NCGS Section 15A-534(e)(1)

3. "[T]he language of G.S. 15A-534(e)(1) unequivocally deprives the
district court of authority to act following notice of appeal. Rules
of statutory construction require that G.S. 15A-1431 be read in
conformity with the clearly enunciated rule of G.S. 15A-534(e)(1);
statutes in pari materia must be interpreted in light of each other
with the more specific statute informing the more general one."

quoted from: http://nccriminallaw.sog.unc.edu/?p=1086

4. Grist vs. Smith, a NCGS 50C order, is now scheduled for hearing on
the brief, in the NC Court of Appeals, on 26 November 2012. The
record and brief may be seen here:

http://www.ncappellatecourts.org/search-results.php?sDocketSearch=12-488&exact=1

joevan

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Nov 20, 2012, 8:02:10 AM11/20/12
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On Sat, 17 Nov 2012 05:52:40 -0800 (PST), JLS <jls...@bellsouth.net>
wrote:

>FROM:
>
> Larry Smith
>
Check you teecraft email.

JLS

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Nov 22, 2012, 3:13:37 PM11/22/12
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On Nov 20, 8:01 am, joevan <joevanud...@vanudity.com> wrote:
> On Sat, 17 Nov 2012 05:52:40 -0800 (PST), JLS <jls1...@bellsouth.net>
> wrote:
>
> >FROM:
>
> >        Larry Smith
>
> Check you teecraft email.

I did, I did! Thank you and a Happy Thanksgiving to you and yours, my
dear friend!

Guv Bob

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Nov 23, 2012, 3:22:02 AM11/23/12
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"JLS" <jls...@bellsouth.net> wrote in message news:fd7730f7-cf62-4568...@p17g2000vbn.googlegroups.com...
On Nov 20, 8:01 am, joevan <joevanud...@vanudity.com> wrote:
> On Sat, 17 Nov 2012 05:52:40 -0800 (PST), JLS <jls1...@bellsouth.net>
> wrote:
>
> >FROM:
>
> > Larry Smith
>
> Check you teecraft email.

- I did, I did! Thank you and a Happy Thanksgiving to you and yours, my
dear friend!

Good grief. When's the wedding?

Guv Bob

unread,
Nov 23, 2012, 8:17:59 PM11/23/12
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"JLS" <jls...@bellsouth.net> wrote in message news:b935f792-6f05-46be...@o30g2000vbu.googlegroups.com...

> .... The proceedings were recorded by electronic recording which may be
> duplicated and transcribed for your hearing and inspection.
> See:
>
> http://www.buncyblawg.com/2012/11/15/crooked-judge-samuel-a-cathey-of-statesville-nc/
>
> to hear the open court judgment of Judge Cathey by scrolling to a
> centimeter from the end of the mp3....

Is this it?
alt.binaries.appalachian -- Subject: Courtroom Audio - #1 (1/1) - court01.mp3 - 149K

NC Judge SAM J Ervin iv GRAND SCUMBAG OF DEPRAVITY

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Apr 9, 2015, 8:57:57 PM4/9/15
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I want to make this very clear. Judge Sam Cathey issued first a PJC. After we gave notice of appeal he then entered judgment: 30 days suspended for 1 year, unsupervised probation, and several more conditions including the payment of over $500 in court costs.

I next attended Superior court in Buncombe County Courthouse 4 times awaiting this scarecrow of a case to be called for trial. On the last appearance I grew impatient and desperate with being treated like a common criminal when I knew I was guilty of NOTHING. Besides, I knew I was not a criminal and I had no criminal record of any kind. I WAS BEING PROSECUTED FOR SEDITION AND I KNEW IT. I penned a letter in longhand to the DA, Ron Moore (now justly unmasked as a scoundrel and defeated at the polls) and demanded he dismiss the case and told him I was going to seek to have him indicted for violation of my civil rights (deprivation of rights under color of law in violation of 18 US Code, Section 242).

A few days later he dismissed the case with prejudice.

Sometime later, July of 2012, I learned that Cathey's written judgment in our crooked clerk's office had been altered, or more precisely FORGED, to sentence me to 30 days active time. Now if I had decided to ask the Superior Court judge to let me remand to the District Court for compliance, I would have received the shock of my life: I WOULD HAVE BEEN JAILED FOR THIRTY DAYS!

I had been slightly tempted to seek remand because I didn't have any idea how long this outrage would drag out and at 67 my health was impaired because of painful and crippling lumbar disc disease, scoliosis, asthma, cataracts, ear infections, and hypertension.

But I knew from assiduous study of caselaw and Constitutional law that I had not committed cyberstalking, that our cyberstalking law was unconstitutional on its face, and that its application against me for innocuous content-based, non-threatening writings I had published to the whole world on the internet -- in an internet forum -- one to many rather than one to one and for a didactic purpose, was unconstitutional.

Nothing whatsoever has been done to the corrupt judge, Samuel Cathey. And when I went to our crooked clerk, Steven Cogburn, to complain, he exploded in my face and acted like he was going to punch me. It was a sight, the war dance he did, while screaming and salivating and blowing saliva on me, just outside the barred windows in the clerk's office. Two uniformed deputies came quickly and told me I was going to have to leave. Cogburn had breached the peace and acted like a crazy man, but I was to blame for it. I calmly asked them to go with me over to the criminal side of the clerk's office which they did. Cogburn followed. We pulled the file and I showed them the corrupt judgment which you could see was altered and parts of it covered with liquid white-out and typed over.

Cogburn then produced a woman whom I had never seen before and presented her as the courtroom clerk who had kept the minutes on the day of the bench trial before Judge Cathey. She produced a paperwriting which we all read. It was also corrupt because it stated in handwriting that I had been sentenced to 30 days active time in jail. I asked for a copy of these corrupt minutes but Cogburn quickly escorted this ugly little liar of a woman away and refused to let me have a copy of the "minutes." Sometime later I found -- in the clerk's office -- a typewritten copy of the official minutes for that day which accurately stated that the sentence was 30 days suspended for one year.

Now do you see why I call North Carolina a banana republic? And this is not the only experience I have had with public corruption. This was not even 10% of the chicanery, decadence, judicial depravity, incompetence, and corruption I have personally witnessed in the Buncombe County Courthouse. And it goes all the way to Raleigh too, and to both of the appellate courts.

[also published as a comment here: http://nccriminallaw.sog.unc.edu/i-want-a-new-trial-now-what-a-district-court-judge%E2%80%99s-authority-to-act-following-entry-of-notice-of-appeal-for-trial-de-novo-part-ii/comment-page-1/#comment-115213]

NC Judge SAM J Ervin iv REEKING SEWER OF DEPRAVITY

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Jan 16, 2019, 10:13:42 AM1/16/19
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Yes, North Carolina is still a banana republic and getting worse by electing scoundrels so that all the courthouses are infested with Democrats (and zero Republicans), and we got a new sheriff, Quentin Miller, who was elected because he's black, a first. It never occurred to anyone to find him revolting and avoid voting for him because he's a manifest crook and most likely a sociopath.
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