Hospitals &Asylums
IN THE OHIO SUPREME COURT
FROM THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY, OHIO
ANTHONY J. SANDERS, : CLAIMED APPPEAL OF RIGHT
BY LEAVE t.p.HA-1-5-07
ProsePlaintiff :
APPEAL NO. C-070527
vs. : TOSEAL RECORDS RC 2953-52
STATE OF OHIO, : AFFIDAVIT OF INDIDGENCY
Defendant : Tuesday July 17, 2007
Criminal Appeal by Leave of Magistrate Amy Searcy May 1, 2007
Appeal of Right on Grounds that Misdemeanors May be Expunged After One Year
Petition for $10,000 for Taking the Use of Sham Legal Process to the Hogwash
TABLE OF CONTENTS AND ASSIGNMENT OF ERROR
A. Statement of Fact…………………………………………………………………….9
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.
Authorities
Jerome Cambell v. Chief Justice Moyer HA-18-6-03…………………………………...12
Crim. R. 48 Dismissal……………………………………………………………………12
Order Sealing Records…………………………………………………………………….9
Sealing of Records 2953.52 ORCN……………………………………………………...12
Secretary Blackwell v. Clerk Hartmann HA-17-1-05……………………………………12
B. ProceduralPosture…………………………………………………………………..13
Criminal/traffic record should entirely expunged and sealed as the result of 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. It would be better as a plaintiff entitled to dispute my rights as a defendant. Misdemeanor and traffic offenses should be expunged automatically after one to five years, to avoid costly litigation.
Authorities
Affidavit of Indigency Form
ACLU v. NSA HA-6-7-07…………………………………………………………..14, 15
Art. 1 Sec. 10 of the Ohio Constitution……………………………………………...13, 14
Crim. R48 Dismissal…………………………………………………………………….14
Expungement 2953.32 ORCN…………………………………………………………...13
Motion for a Delayed Appeal Rule 5 of the General Rules of Appellate Procedure…….13
Sealing of Records 2953.52 ORCN…………..………………………………………….14
Unauthorized Commercial Use of Individual’s Persona 2741.07 ORCN (A)(1)(b)…….15
C. Statement ofIssuesPresentedfor Review…………………………………………15
The Hamilton County Clerk’s records are frequently tampered with and used in sham legal processes that cause damage for which hogwash 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 voluntary establishment a Judicial Corrections Board. $10,000 will get this case to the Supreme Court but a Hamilton County Judgment would save the state 50%.
Authorities
Commissioner Todd Portune v. Medical Director Michael Leavitt No. 5058689257….17
Tampering with Evidence 2921-12 ORCN…………………………………………15, 16
Unauthorized commercial use of Individual’s persona 2741.07 ORCN $2,500-10,000..17 Using Sham Legal Process 2921-52 ORCN………………………………………..15, 16
D. First Assignmentof Error………………………………………………………….18
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.
Authorities
Doyle v. Ohio Bur. of Motor Vehicles (1990), 51 Ohio St.3d 46………………………..19
Ohio Traffic Rules……………………………………………………………………….18
Use of Sham Legal Process 2921-52 (B-1) ORCN……………………………………...18
E. Second Assignment of Error………………………………………………………..19
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.
Authorities
Cleveland v. Martinez, 126 Ohio Misc.2d 36, 2003-Ohio-7046. March 25, 2003……...20
Crim. R 19 Defendant’s right to file objections…………………………………………20
Franklin Cir. Court, Indiana. No. 99-07IF914 (Excluded)……………………………....21
Use of Sham Legal Process 2921-52 (B-1, 2, 3) ORCN………………………………...20
F. Third Assignment ofError………………………………………………………….21
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 one to three years.
Authorities
Expungement 2953.32 ORCN …………………………………………………………..22
Crim. R 36 Clerical Mistakes in Judgment……………………………………………...22
Crim R. 55 A & D Criminal Appearance Docket……………………………………….22
Mayor’s Court Summary of 2004. Supreme Court of Ohio……………………………..22
Sealing of records 2953.53 ORCN……………………………………………………....22
G. Fourth AssignmentofError………………………………………………………..22
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.
Authorities
Central Committee of the Hamilton County Republican Party v. Dalton Ohio 1st App.C-060269 May 30, 2007…………………………………………………………………...24
Hartman v. Good Board of Elections November 2, 2004……………………………….24
Joe Deter v. Fanon Rucker HA-2-11-04………………………………………………...23
Erpenbeck v. S. Ohio District Court HA-1-4-04………………………………………...23
Ohio Elections: Status Report of the House Judiciary Committee Staff HA-5-1-05……23
Perjury 2921.11 ORCN…………………………………………………………………..22
Prosecutor v. Mike Allen HA-25-8-04…………………………………………………..23
Prosecutor v. Joe DetersHA-30-12-05…………………………………………………23
Use of Sham Legal Process 2921-52 (B-1, 2, 4) ORCN………………………………...24
H. FifthAssignment ofError………………………………………………………….24
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.
Authorities
Commissioner Todd Portune v. Medical Director Michael Leavitt No. 5058689257…..25
Hearings from Administrative Appeals2506.03 ORCN (A-2, 4)……………………….26
Smith v. Hamilton County Ohio, Ohio 1st App. No. C-060315 April 13, 2007………….25
Unauthorized commercial use of Individuals persona 2741.07 ORCN………………….26
Use of Sham Legal Process 2921-52 (B-1, 2)ORCN…………………………………...25
I. Sixth Assignment ofError…………………………………………………………...26
The Health Alliance made a major error abducting me, the author of Hospitals & Asylums, in August – September 2007, 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 so illegal.
Authorities
Gilreath v. Maxim HealthcareC-060647 June 20, 2007……………………………….28
Hospitals & Asylums v. Health AllianceHA-9-9-06…………………………………...26
Martin v. Christ HospitalC-060639 June 8, 2007……………………………………...28
Medical malpractice actions 2305.113(A) ORCN……………………………………...28
App R. 25 Certification of Conflict……………………………………………………..29
Owens v. Respite Center Ohio 1st App. No. C-060621 June 6, 2007…………………...28
Sanders v. Newton USDC C-98-411……………………………………………………26
Steele v. Hamilton Cty. Community Mental Health Bd. (2000), 90 Ohio St.3d 176……27
Use of Sham Legal Process 2921-52 (B-1, 4) ORCN…………………………………..28
J. Seventh Assignment of Error………………………………………………………29
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.
Authorities
Cincinnati Community Corrections v. Leis and Streicher HA-8-8-04…………………31
Improper headlights/ needs a back bumper under 4513-4 ORCN C/00/TRD/14329B 05/05/2000……………………………………………………………………………....30
Improper Lights 503-1 CMCN C/01/TRD/8451 filed 3/12/2001…………………….....29
Operating a Motor Vehicle Without a License 4507-02 ORCN C/00/TRD/14329A 05/05/2000……………………………………………………………………………....30
Park Signs 755-07-28 CMCN C/96/CRB/40518 filed 11/11/1996………………….…..29
Prosecutor v. Joe DetersHA-30-12-05…………………………………………………31
Tampering of evidence 2921-12 ORCN………………………………………………....31
Use of Sham Legal Process 2921-52 (B-1, 2, 3) ORCN………………………………...32
Vending Without a License 839-5 CMCN C/99/CRB/31438 7/27/1999………………..29
Vending Without a License 0505 ORCN C/98/CRB.40385 10/04/1998……………29, 30
K. Eighth Assignmentof Error………………………………………………………...32
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.
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 stone palace for the public administration.
Authorities
Agreement regarding the Application for state financial assistance to community-based corrections5120.112…………………………………………………………………....33
ABA Model Code of Judicial Conduct…………………………………………………35
Butler County HA-19-4-06……………………………………………………………..32
Community-based correctional proposal ORC
2301.51………………………………..34
Minimal Standard for Corrections Programs 9.06 ORCN……………………………...34
Ohio Department of Corrections Annual Report on Commitments 2004 pp21………...34
Ohio Department of Corrections July 1, 2003 Institutional Census pp. 3………………34
Relator v. Hamilton County CourthouseHA-11-1-04………………………………….32
Use of Sham Legal Process 2921-52 (B-1, 2, 3) ORCN………………………………..33
L. Ninth Assignment of Error…………………………………………………………36
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.
Authorities
Art. 1 Section 10 of the Ohio Constitution……………………………………………...36
Attorney General Ethics HA-7-4-07……………………………………………………37
Criminal Usury2905.21 HA and .22 ORCN……………………………………………38
International Convention against the Taking of Hostages of 1979……………………...38
International Convention for the Suppression of Terrorist Finance. December 9, 1999..38
Use of Sham legal process 2921-52 (B-1) ORCN………………………………………37
Virginia Tech Shootings HA-20-4-07…………………………………………………..37
M. Tenth Assignment of Error………………………………………………………..39
The Court was not substantially justified to deny me complete expungement of my record although there was 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.
Authorities
Guideline 14 on the Role of Prosecutors 27 August-7 September 1990………………..39
Use of Sham Legal Process 2921-52 (B-1) ORCN……………………………………..40
Young v. United States 481 U.S. 787 (1987)……………………………………………40
N. Grounds for Relief………………………………………………………………….41
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 Appeals Court should find that 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 that sham legal proceedings 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.
Authorities
Advisory Opinion regarding the Legal Consequences of Constructing a Wall in the 9. Occupied Palestinian TerritoryNo. 131. 9 July 2004…………………………………41
App. R 2 Appeals on questions of law and fact abolished July 1, 1971……………….41
App. R. 3 Appeals of right……………………………………………………………..41
App. R. 5 Motion for Delayed Appeal………………………………………………....41
App. R. 12 Decision and Judgment of the Appeal.…………………………………….41
App. R. 16 Briefs………………………………………………………………………41
Case Concerning the Factory of ChorzowA. No. 9 (1927)…………………………...42
Loc. R. 11 Briefs………………………………………………………………………41
Universal Petition Form XV…………………………………………………………...42
Appendix A: Friendship with theAppeals Court…………………………………..44
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.
Authorities
American Bar Association. Continuing Legal Education(CLE)HA-28-11-05………48
Central Committee of the Hamilton County Republican Party v. Dalton Ohio 1st App.C-060269…………………………………………………………………………………47
Article 3 US Constitution Judicial Power extends to all Cases………………………..44
Disciplinary Counsel v. Lawson2007-0800 May 15, 2007 6 mo. suspension………...48
No reimbursement for continuing education fees 105.97 ORCN……………………...48
State of Ohio v. Anthony Ohio 1st App. C-030510 (2004)……………………………..46
State of Ohio v. Alonzo Johnson Ohio 1st App. No. C-03-0643……………………….45
State of Ohio v. Michael Luebbe (Hamilton) No. B0307635…………………………..46
Steele v. Hamilton Cty. Community Mental Health Bd. (2000), 90 Ohio St.3d 176…...45
Appendix B: Motion for Leave to File Amicus Curiae Health Alliance…………...48
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.
Authorities
AMA Code of Medical Ethics
Allied Health Professionals E 3.03 Contracts with Hospitals E-4.06 Ethics Commission E-9.11 Ethics Consultation E-9.115 Ethical Responsibility to Study and Prevent Error and Harm E.8.121 Guidelines to Prevent Malevolent Use of Biomedical Research E-2.078 Health Care Fraud and Abuse E-9.132 Limitation on Court Ordered Treatment E-2.065 Organized Medical Staff E-4.05 Torture E-2.067
Hospitals & Asylums v. Health AllianceHA-9-9-06………………………………..48, 53
Prohibition of Federal Interference 42USC(XVIII)1395………………………………..49
Rule 25 of the Ohio Rules of Appellate Procedure……………………………………...52
Appendix C State Response…………………………………………………………..54
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. Misconduct evident.
Issues Presented for Review and Argument: Would a job titled Hamilton County Attorney to Prosecutor?
Adams, Kristen. Entry Overruling Motion for Leave to Appeal. August 23, 2007……..55
Hartmann, Gregory. $57.000 Bill. Clerk of Courts. August 24, 2007…………………..57
Heenan, Scott. Response to Motion for Delayed Appeal. Assistant Prosecuting Attorney. August 16, 2007…………………………………………………………………………54
Presiding Judge Painter. Entry Overruling Motion for Leave to Appeal.…………………………………………………………………………………...62
Prosecutor v. Joe DetersHA-30-12-04………………………………………………...55
Sanders, Tony J. Claimed Appeal of Right. September 4, 2007………………………...62
Certificate of Service…………………………………………………………………...66
A. Statement of Fact
My name is Anthony J. Sanders, I am a resident of Hamilton County, Ohio, I am 33 years old, my birthday is on August 11, 1974. This brief has been painstakingly prepared as a motion for delayed appeal whereas my petition to seal C/00/TRD/14329 was denied by the Trial Court on May day, although other charges were expunged. The Appeals Court and Prosecutor did not read by brief. The Clerk, tampered with the evidence and now this charge is dismissed, ostensibly at the behest of the Clerk of the Supreme Court who was asked to intervene to dismiss the charges on the grounds of the immunity of witnesses, another charge that was formerly dismissed and sealed was however tampered with to indicate I was on probation in 1994. My computer has been hacked to make it difficult to access my web hosting. I have now amended the brief for the Supreme Court to order that all my records now be sealed under 2953.53 ORCN as a preliminary injunction for the immunity of witnesses before tackling the ten issues 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 years and after five years for people who do.
Fourth, bar judicial officers from holding office with political parties. Transfer authority of the Hamilton County Republican Party to either Sen. Kearney or Rep. Chabot.