Hospitals & Asylums

IN THE OHIO SUPREME COURT

FROM THE COURT OF APPEALS

HAMILTON COUNTY, OHIO

Anthony J. Sanders

State of Ohio

CLAIMED APPEAL OF RIGHT

66 pg. BRIEF: APPEAL NO. C-070527

AFFIDAVIT OF INDIDGENCY

In re: SEALING OF RECORDS 2953-52 ORCN

BY LEAVE OF MAGISTRATE AMY SEARCY ON MAY 1, 2007 t.p. HA-1-5-07

Tuesday July 17, 2007

TABLE OF CONTENTS AND ASSIGNMENT OF ERROR

A. Statement of Fact

My record must be sealed by order of the Court as a preliminary injunction to ensure the immunity of witnesses.

Issues Presented for Review and Argument: My several misdemeanors of the last decade are outweighed by the felony (ies) of the Clerk. Action must be taken immediately to secure the November elections against the infringement of the Clerk and to protect the community from further racketeering by arranging for the name of the Judge to be on all entries and for misdemeanor/traffic offenses to be automatically expunged after 3 years with no re-offending or after five years with re-offending.

B. Procedural Posture

Oath supporting the affidavit of Indigency to afford the cost of having my criminal/traffic record entirely expunged and sealed in this Motion for a Delayed Appeal by Leave of the Court.

Issues Presented for Review and Argument: A misdemeanor may be expunged after one year, and seven have passed. The expungement trial is fundamentally flawed by relegating the petitioner to the role of defendant who must bear witness against himself or herself in double jeopardy. I would be better understood as a plaintiff entitled to dispute my rights as a defendant. Civil liability would encourage the State to not publish the records of Courts that are not of Record, misdemeanor and traffic, or at least expunge them automatically after one to five years, to avoid costly litigation.

C. Statement of Issues Presented for Review

The Hamilton County Clerk’s records are tampered with and used in sham legal processes that cause damage for which compensation is due for the unauthorized commercial use of an individual’s persona.

Issues Presented for Review and Argument:  I have standing for $5,000 settlement and merit a Judgment of the Court, requiring judges to put their name on all entries, formally allowing a plaintiff to expunge their record as a defendant, certifying CMS v. CMS a conflict, and calling for the establishment a Judicial Corrections Board.  $10,000 will get this case to the Supreme Court but Hamilton County could save the state 50%.

D. First Assignment of Error

The police officer who cited me in 2000 for not having a rear bumper should have taken into consideration the cost of a new rear bumper and directed me to a junkyard instead of going through the trouble of filing a ticket with the suburban Mayor’s Court.

Issue Presented for Review and Argument:. The police should not unnecessarily jeopardize citizens by burdening the court with cases that public safety requires be referred elsewhere, e.g. auto parts store or junkyard, to enforce the law.

E. Second Assignment of Error

The suburban Mayor’s court judge’s $200 fine in 2000 was excessive, the entire cost of the new bumper, a second time. He was so discriminatory that he is very likely to have ordered someone to put sugar in the gas tank of three used cars in 2000, costing me more than my entire earnings from the 2000 Census.

Issue Presented for Review and Argument: The trial judge failed to inform me that the defendant’s payment of a fine does not constitute a waiver of the defendant’s right to file objections to the magistrate’s decision.

F. Third Assignment of Error

Mayor’s Courts are not Courts of Record.

Issue Presented for Review and Argument: Records of Courts not of Record, e.g. Misdemeanor and Traffic Mayor’s Courts, should either not be published by the Hamilton County Clerk or published for a short while and then automatically expunged after three years.

G. Fourth Assignment of Error

Perjury has always been commonplace but it was not until the elections of 2004 that I can claim to have gotten my first taste of sham legal process. It is expected that the Court, after years of tolerating chairmanship of the Republican party by the prosecutor, neglected to defend their honor against political and economic meltdown because of the wealth and power they anticipated, not really knowing or caring that those virtues are anathema to the functioning of the judiciary.

Issues Presented for Review and Argument: Should the Appeals Court wish to address the issue of separating the judicial officers from the leadership of the Republican Party or impeaching them for their infringement upon the independence of the judiciary, they are referred to the General Assembly.

H. Fifth Assignment of Error

Food stamps were seized on the basis of a hearing that my social worker didn’t attend because she is reported to have quit and she was not summoned to the hearing on appeal with the Commissioners, as I demanded to assure the security of her person.

Issues Presented for Review and Argument: Unconstitutional, arbitrary and capricious behavior on the part of the County gives me standing for compensation for actual damages that can be calculated to amount to $4,800 by August 2007.

I. Sixth Assignment of Error

The Health Alliance made a major error abducting me, the author of Hospitals & Asylums, in August – September 2006, after I had complained of being poisoned to 9-11. They later proved that they were responsible for poisoning the bill on their letterhead and the burglary of evidence they thought incriminated them although my professional testimony to these thefts was far more damaging.

Issues Presented for Review and Argument: The conflict between CMS and CMS is a very dangerous phenomenon that the Court may not ignore. The Court is encouraged to prohibit the Probate Court from adjudicating the mentally ill in favor of the trials by the Mental Health Board who would reinvest the Alliance in community mental health so that their psychiatric program would not be illegal.

J. Seventh Assignment of Error

My records were tampered with to facilitate sham legal process administrating bio-terrorism.

Issues Presented for Review and Argument: Tampered evidence in my record that was expunged at the trial implicates the Prosecutor and Police Chief in facilitating the administration of bio-terrorism there is however debate as to whether they did so knowingly or were merely referenced to by the offending clerk or CMS executive.

K. Eighth Assignment of Error

Hamilton County is extraordinarily erroneous in passing harsh new laws and using them to justify the construction of a new jail. The County is not entitled to assistance from the state department of corrections unless they make the Agreement regarding the Application for state financial assistance to community-based corrections. Once cell per tyrant rule.

Issues Presented for Review and Argument: Judges are to take a de minimis interest in financial matters affecting them. They may however defend their independence by opposing the levy. To take responsibility for the de minimis administration of justice the Court must establish a Judicial Corrections Board to administrate the community based corrections facilities at one quarter the cost of incarceration. The Court may also rule on the removal of the judiciary from the beautiful engraved stone palace for the public administration.

L. Ninth Assignment of Error

The form(s) for expungment at the Assignment Commissioners office in the Justice Center are unconstitutional. The fact that a person is forced to bear witness against themselves as a defendant in double jeopardy creates a sham legal process that tends to dissemenate confidential information to parties with no legitimate interest. The division between criminal and civil is fundamental to justice. So is the prohibition of political activity and financial interests.

Issues Presented for Review and Argument: Expungements are a criminal process. Justice would be served better if the petitioner would be afforded the privacy protections of a plaintiff. Justice requires that expungement proceedings be kept confidential by the criminal justice system until approved for publication by a judge. Criminal investigation of expungement must be limited to the criminal records.

M. Tenth Assignment of Error

The Court was not substantially justified to deny me complete expungement of my record although there is sufficient reason to believe the charges were false and the great length of time that had passed inclines one to expunge the record regardless of the facts.

Issues Presented for Review and Argument: Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded.

N. Grounds for Relief

The Court is asked to pay me for my work, publish theirs and commission further research on these topics in their Judgment.

Issues Presented for Review and Argument: The assignment of the first, second, third and tenth errors provide the Court with grounds to order the record sealed because the state is not substantially justified in denying this relief. The assignment of the fourth, fifth, sixth, seventh and eighth errors prove sham legal process occurred for which relief is due. The assignment of the third, fourth, sixth, eighth and ninth errors give the Court excellent guidance for the reform of the judiciary.

Appendix A: Friendship with the Appeals Court

Relations must be based on mutual respect of everyone as a person before the law.

Issues Presented for Review and Argument: Four cases have been lost to perjury as the result of my being ignored by the Appeals Court. Damnatio memoria at the Clerk’s website following the elections of November 2004. Loss of judicial independence in both politics and economy. The bar has been raised on CLE credit this year and can no longer be offered by HA, in Ohio.

There are ten issues arising in this expungement proceeding that the Court is encouraged to review and argue in their written Judgment of merit to the administration of justice.

First, require judges to put their names on all entries published in the Hamilton County Clerk database.

Second, create a new form for the expungement proceeding whereby citizens would plaintiff their criminal proceeding.

Third, automatically expunge misdemeanor and traffic convictions from the records of people who do not re-offend after three to five years.

Fourth, bar judicial officers from holding office with political parties.

Fifth, certify a conflict between the Centers for Medicare, Medicaid and SCHIP (CMS) and the Court Computer Management System (CMS) to consider changing the name of the local computer system manager, within 60 days of publishing this judgment, to no longer infringe upon the medical establishment.

Sixth, enforce a de minimis administration of justice by establishing a Judicial Corrections Board to administrate community based corrections programs that would be eligible for assistance from the department of corrections and cost one quarter the cost of incarceration and reduce prison population.

Seventh, consider transferring responsibility for the adjudication of mental illness from the Probate Court to the Board of Mental Health.

Eighth, consider removing the judiciary from the beautiful engraved stone palace and moving in the public administration.

Nine, consider changing the name of the Hamilton County Prosecutor's Office to the Attorney's Office.

Ten, Whereas all of these issues demand a considerable amount of work but promise to greatly benefit the community it is best if the Court pay me for my work, publish theirs and commission further research on these topics

Appendix B: Motion for Leave to File Amicus Curiae Health Alliance

The Health Alliance is not behaving properly by asking the Court to force Christ Hospital and St. Luke Hospitals to stay with the Alliance wherefore their Appeal should be dismissed with costs for the defendants. Referral to Greater Cincinnati Health Council.

Issues Presented for Review and Argument: The Court should certify a controversy regarding the existence of a trademark dispute between the Centers for Medicare, Medicaid and SCHIP (CMS) and Hamilton County Court Computer Management System (CMS) CMS v. CMS and consider issuing an injunction requiring the local CMS to change their name so as not to infringe upon the privacy of the medical establishment.

Appendix C State Response

Hamilton County Assistant Prosecuting Attorney Scott M. Heenan, 00775734P wrote a Response to Motion for Delayed Appeal in behalf of Joseph T. Deters, 0012084P, on August 16, 2007. Leave amend the appeal.

Issues Presented for Review and Argument: The appeal is perfected for the Supreme Court with the new question.

Would you prefer the job title Hamilton County Attorney to Prosecutor?

Certificate of Service

This document was served by email to the Appeals Court on Tuesday July 17, 2007 pursuant to Loc. R. 16 B and later perfected for the Supreme Court on September 13, 2007.