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Brief For Judgment as a Matter of Law

Brief For Judgment as a Matter of Law

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Published by Janet and James
This is Brief for Motion for Judgment as a Matter of Law. We went to the hearing today, Mark Anthony Scott, Superior Court Judge (ha,ha,ha) had an Appeal set for Jury Trial Calendar that they had held for three years. Last week we filed the Motion for Judgment.

James was thrown out of the Courtroom at Judge Scott's demand to the baliffs.

James name was called, he responded (keep in mind James is in a wheelchair due to his disabilities); when asked if he was ready, he stated that he was. Judge asked "Are you represented by counsel?" James, "No, your Honor, I am Pro Se"; Judge: "Are you an attorney?" James: "No"; Judge: "So you are proceeding Pro Se?" James: "Yes, Pro Se".
Shortly afterwards, Judge was addressed quietly by one of his clerks. Judge told James that there is are technical difficulties in the file. James: "What kind of difficulties?" Judge: "Baliff, take him into the back!" James: "All I did was ask what kind of difficulties" Judge: "I didn't like your tone"; James: "I am in constanct pain, I did respond rudely"; Judge: "Well why didn't you say so, I was going to have you locked up for contempt"; Judge: "BailiffS, remove him from my courtroom"
This is Brief for Motion for Judgment as a Matter of Law. We went to the hearing today, Mark Anthony Scott, Superior Court Judge (ha,ha,ha) had an Appeal set for Jury Trial Calendar that they had held for three years. Last week we filed the Motion for Judgment.

James was thrown out of the Courtroom at Judge Scott's demand to the baliffs.

James name was called, he responded (keep in mind James is in a wheelchair due to his disabilities); when asked if he was ready, he stated that he was. Judge asked "Are you represented by counsel?" James, "No, your Honor, I am Pro Se"; Judge: "Are you an attorney?" James: "No"; Judge: "So you are proceeding Pro Se?" James: "Yes, Pro Se".
Shortly afterwards, Judge was addressed quietly by one of his clerks. Judge told James that there is are technical difficulties in the file. James: "What kind of difficulties?" Judge: "Baliff, take him into the back!" James: "All I did was ask what kind of difficulties" Judge: "I didn't like your tone"; James: "I am in constanct pain, I did respond rudely"; Judge: "Well why didn't you say so, I was going to have you locked up for contempt"; Judge: "BailiffS, remove him from my courtroom"

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Published by: Janet and James on Jan 27, 2009
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07/20/2013

 
IN THE SUPERIOR COURT OF DEKALB COUNTYSTATE OF GEORGIAJAMES B. STEGEMAN,APPELLANT/PETITIONER vs.FRANK J. LILLIG, III, asEXECUTOR\ADMINISTRATOR/PERSONAL REPRESENTATIVE of ESTATE OF GENEVA S. CAFFREY,ESTATE No. 2002-1161CIVIL ACTIONFILE NO.: 05-CV-13909-09APPEAL FROM PROBATECOURT OF DEKALB COUNTYSTATE OF GEORGIAandVOID JUDGMENT AT LAWBRIEF IN SUPPORT APPELLANT/PETITIONER’SMOTION FOR RULING IN FAVOR OF APPELLANT/PETITIONE
COMES NOW, James B. Stegeman Appellant/Petitioner and files his
 Motion For Ruling In Favor Of Appellant/Petitioner.
Mr. Stegeman filed an Appeal and a Void Judgment over three years ago. Todate, he has received neither a responsive pleading, nor a Ruling. February 22,2006, Mr. Stegeman filed Notice of Intent to Appeal to Supreme Court and Noticeof Intent to Appeal to the Georgia Court of Appeals. March 24, 2006, Mr.Stegeman filed Motion For Order on the pending Appeal and Motion for Order onthe pending Void Judgment. To date Mr. Stegeman has received
nothing 
from thisCourt, neither a Notice of hearing, nor a Ruling.Mr. Stegeman has recently learned, as
ludicrous
as the fact is, that theAppeal and Void Judgment is set for Civil Jury Trial this month on January 26,2009, see the calendar and docket report attached as
“Exhibit 1” 
.Apparently this Court has planned to allow an Appeal and a Void Judgmentto sit for over three years, then Dismiss for failing to appear at a peremptory
 
hearing. One such hearing was held November 20, 2008
1
which Mr. Stegemanlearned about in time to attend.At the hearing, when only one party appeared, the Court addressed them,and they were allowed to “be heard”. If the appearing party was Plaintiff the Courtgranted them whatever relief they requested in their pleading; if the party attendingwas defendant the case against them was dismissed.Mr. Stegeman’s case was called twice, both times he was told they would“get back” to him. After all parties present had been addressed, Mr. Stegeman wascalled again, told there is no file, advised to wait and they would “get back” to him,then the Judge, Clerks and Court Reporter left the Courtroom.After waiting in the Courtroom 30 minutes or so, the bailiff told Mr.Stegeman that he and Ms. McDonald needed to leave the Courtroom, they waitedoutside the Courtroom another 20-30 minutes until the Clerk appeared, he wasinformed that she would mail everything in the file to Mr. Stegeman. To date, Mr.Stegeman has received
nothing 
from this Court.As the only party to appear for the hearing, Mr. Stegeman had a right to havehis case addressed by the Court, the Right “to be heard”, the Right to be treated thesame as everyone else at the hearing (to be treated equally), and the Right for hisAppeal and his Void Judgment be Ruled on in his favor. Mr. Stegeman was deniedthese Rights. Now, Mr. Stegeman has found that this Court has set on the January 26,2009 Civil Jury Trial Calendar an Appeal and a Void Judgment, neither of whichare Jury issues. As procedure for this Court, Mr. Stegeman has received no Noticeof this Court’s proceedings. Obviously, this Court decided since it didn’t get toDismiss for failure to attend the peremptory hearing, that the Court would continueit’s policy of failing to Notice Mr. Stegeman of proceedings and this Court would
1
See Docket Report in
“Exhibit 1” 
under “Scheduled Events2
 
get to Dismiss for failure to attend a Civil Jury Trial Calendar. This Court’s actionsresult in
Civil and Constitutional Rights violations under Color of Law 
.
I.CIVIL AND CONSTITUTIONAL RIGHTS VIOLATIONS
Mr. Stegeman is 100% disabled, thereby a protected class of person, seeattached
“Exhibit 2” 
.
2
This Court has continually violated state and federalstatute, as well as Mr. Stegeman’s Civil and Constitutional Rights as guaranteed by both The State of Georgia and The United States Constitutions.
 Barrett et., al., v. Hamby
, (235 Ga. 262) (219 SE2d 399) (1975)Our 
Georgia Constitution
provides: "No person shall be deprived of life,liberty, or property, except by due process of law."
Code Ann. 2-103
. Theequivalent of this is also contained in the
Fifth
and
Fourteenth Amendments
to the
Federal Constitution
. Our 
Georgia Constitution
also provides: "Legislative acts in violation of this Constitution, or theConstitution of the United States, are void, and the Judiciary shall sodeclare them."
Code Ann. 2-402
.”“Every person in Georgia has a constitutional right of unfettered accessto the courts”
Ga. Constitution 1983, Art. I, Sec. I, Par. I
, (“No personshall be deprived of life, liberty, or property except by due process of law.);
Par. XII
(“No person shall be deprived of the right to prosecute or defend, either in person or by an attorney, that person’s own cause in anyof the courts of this state.”)”
 Rice v. Lightmas
, 259 Ga. App. 380, 577S.E.2d (Ga.App. 2003)
The Due Process Clause guarantees the Right of Notice and Right to beheard before an unbiased, impartial tribunal.
 In RE: Law Suits of Anthony J. Carte
(two cases).235 Ga. App. 551, 510 S.E.2d 91, 1998. GA.0042498“As stated in paragraph 12 of the Georgia Bill of Rights, a person has a
2
Order Granting Forma Pauperis recently signed by U. S. District Court Judge William S.Duffey, Jr. in which he addresses that Mr. Stegeman is disabled and “his monthly debts exceedhis Social Security Disability Income” NOTE: Mr. Stegeman, due to lack of assets could notobtain Certified copies of the documents used as Exhibits in this Brief.3

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