Archive for the ‘Danny Tate’ Category

How to File a Complaint Against a Judge and An Attorney

October 19, 2011

Educate yourself to the rules governing lawyers and judges and you become a force to be reckoned with. We must take the power back in a corrupt legal system where “we the people” have become a lost interest.

The judiciary has established itself as the most powerful branch of government and are the most unaccounted for (Marbury v Madison). We are confident Senator Mae Beavers (sen.mae.beavers@capitol.tn.gov) will provide us with the much needed reform within Tennessee’s Court of the Judiciary. Email her with words of encouragement demanding such reform. Variations of these same bodies exist in every jurisdiction, but the only people that know this are attorneys and judges and they DON’T want us to know-truly. We should be teaching fundamental law to students starting in junior high school. Senator Beavers, our forefathers did not possess the same patience with the British that is required of the citizens of Tennessee. ”By any means necessary”. Use the words of our forefathers (or was it the Black Panthers?) and you could be put in prison these days. I meant to say, “Give me liberty or give me death”. This is the spirit with which I fight. Judge Kennedy’s attack on individual liberties and unlawful seizure of property may require the same actions our forefathers took in order to regain our Constitutionally protected rights. Make no mistake about it, the probate bottom feeders ARE stealing your property illegally under color of law and guise of protection (referring to conservatorships).

On an important side note, our Constitution trumps any law. And judges are immediately instructed to rule consistent with the Constitution in the Judicial Code; but the Constitution and Bill of Rights are abhorred by judges. It gets in the way of abuse of power, ruling “willy-nilly” and the delusion that judges create the law. Kennedy is guilty on all points. And he’s not the brightest bulb on the tree.

Full Article and Source:
How to File a Complaint Against a Judge and An Attorney (Preface – part 3)

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How to File a Complaint Against a Judge and An Attorney (Preface, Part 2)

October 5, 2011

This series is an attempt to educate laypersons on how to file a complaint against naughty lawyers and unethical judges who have kept us in the dark to this recourse (the filing of a complaint).

Possessing knowledge from the Judicial Code, you can sit as an observer in Kennedy’s court and watch ethics violated faster than you can takes notes and this is no exaggeration. Judges should sit in awe of the awesome responsibility bestowed upon them by we the people. Instead, you watch lawyers grovel pathetically and citizens brow beat by a public servant. Retention referendum has trickled down to our lower courts as most of them are appointed and run for “re-election” uncontested. ”We the people” of TN have been left out of the judicial appointment process.

Colleague protection is the norm within our legal system. But this is breaking the rules that govern attorneys, also. When an attorney protects a colleague who has been naughty, he breaks the rules, too; but because their is an utter lack of awareness to our rights to complain, breaking the rules is business as usual because colleague protection is a given especially in a city like Nashville. Attorneys are legally bound to levy complaints against any judge or attorney who violates their respective codes. Unfortunately, it’s honor among thieves. So, if your attorney DOES NOT file a complaint or levy charges with any and all the various and appropriate bodies, then THEY have violated their rules and you can file a complaint against them. Pay close attention to that last sentence. Colleague protection is the norm among attorneys in Nashville, but attorneys are bound to file a complaint (or charges) against a any judge or attorney they observe breaking the rules. If they do not, then they open themselves up for a complaint. Do you see the beauty in this?

Full Article and Source:
How to File a Complaint Against a Judge and An Attorney (Preface, Part 2)

How to File a Complaint Against Judges and Attorneys (preface)

September 29, 2011

This series (How to File a Complaint….) is meant for every jurisdiction in the USA. As far as getting something done to effect change, I believe this series is of utmost importance. I’m asking that you repost and let’s make this viral. I’m sure similar avenues of legal accountability exist in other countries (for those around the world who follow this blog).

This series is an attempt to educate laypersons on how to file a complaint against naughty lawyers and unethical judges who have kept us in the dark to this recourse. I consider myself someone who keeps himself relatively informed and educated by reading the newspaper and watching the news(and a college graduate), but I had no idea there was a governing body that should be protecting me from the illegal actions of Kennedy. I had never heard of the Court of the Judiciary (governing body over judges) or the Judicial Code of Ethics (rules judges MUST conduct themselves by). I had never heard of The Board of Professional Responsibility (governing body over attorneys) and the rules they are governed by, until I ran into a childhood friend who is a judicial investigator from my home state. I returned to him a week later with a working knowledge from the Judicial Code. I went to the website I will provide in this series and downloaded the various complaint forms, then went to work. My complaints stuck. Considering that, today, in the Tennessean newspaper, an article appeared that represented over 90% of judicial complaints are dismissed, I bat .1000 in my efforts. I don’t claim credit for being masterful in my first complaint, but it was with ease that I caught their attention by clear and convincing evidence (actually, “strongly represented allegations”). I assisted Ginger Franklin in authoring her complaint against the same judge (Kennedy) and it stuck. Two pitches, two hits. Kennedy is generously errant, so he’s an easy target. Unfortunately, the TN Court of the Judiciary is comprised of former TN judges, so we have found ourselves dealing with a impotent body of judges judging judges. (in truth, they have proven to be an organization that protects judges). They have yet to discipline Kennedy in either complaint. We are confident Senator Mae Beavers, chairperson for the TN Senate Judiciary Committee, and the hearings she held this week addressing drastic reform in the TN Court of the Judiciary, will finally bring our much needed REAL protection from errant judges.

Educate yourself to the rules governing lawyers and judges and you become a force to be reckoned with. We must take the power back in a corrupt legal system where “we the people” have become a lost interest.

Full Article and Source:
ImpeachRandyKennedy: How to File a Complaint Against Judges and Attorneys (preface)

Danny Tate Battles for His Estate Taken Under the Guise of "Protection"

September 22, 2011

Nashville songwriter Danny Tate won back control of his life and finances last year — or what was left of them.

Now Tate is petitioning a Tennessee appeals court for the return of hundreds of thousands of dollars in attorney fees that were paid out of his bank account during the drawn-out court battle over whether Tate was legally competent to control his own finances.

Stripped of his legal rights by a court that ruled that his use of crack cocaine had left him incapable of managing the $600,000 in his account, Tate battled the ruling for almost three years.

In May 2010, he was found competent and the conservatorship of his estate was lifted. But by then, there wasn’t much of an estate left. The money he once had in the bank was all but gone, his credit rating was in tatters and the 2010 Nashville flood had swamped his home.

“If every musician who’s ever struggled with drugs needed a conservatorship, you’d have to lock up 70 percent of Music Row,” Tate said.

“Once they clean you out, you have no ability to seek legal recourse.”

A quirk in Tennessee conservatorship laws meant attorneys on both sides of the case drew on Tate’s estate to pay their legal fees. Attorney Michael Hoskins, who represents Tate, said he is asking the appellate court for at least $176,000 in reimbursement for legal fees, although that figure could rise.

Tate estimates his estate could be billed another $250,000 to $300,000 in outstanding legal fees. The appeals court ruling could come any time in the next six to 18 months, Hoskins said.

Full Article and Source:
Nashville Musician Danny Tate Pursues Funds Lost in Court

>Danny Tate, One Year Later – Looking Back and Moving Forward

June 8, 2011

>Almost exactly one year ago Danny Tate stood on the courthouse steps surrounded by “Friends for Danny Tate’s Defense” Facebook group members and celebrated the “end” of the temporary conservatorship placed on him by Judge Randy Kennedy’s 7th Circuit Court in Nashville, TN. I saw firsthand that when people come together for a cause….they can make a difference. In that case, it was scrutiny on the court, the brilliance of Michael Hoskins (Danny’s attorney), and the tenacity of Danny in fighting in his own defense. The court seemingly caved.

The Facebook group slowly built over 4 or 5 months of ordinary folks from all walks of life……and from all over the world to a formidable 3,500 members who were upset and activated by what they saw as the injustices wrought upon Danny by the court.
Danny’s plight ignited something in folks. They related to him, and I think it made them feel vulnerable when they saw how easily the courts can take your life and livelihood from you.

Four months of constant blogging by a few bloggers, and putting that info out on Facebook culminated in the benefit concert at 12th and Porter for Nashville flood victim Stephanie Farmer, where folks like Pat DiNizio of The Smithereens, Peter Holsapple of the dB’s among many others came into Nashville and rocked through the night. Danny seriously needed that money to help with his legal fees, but he chose to give it away to another flood victim.

The next day we converged on the courtroom for the “final hearing”…….the days before saw his story hit the AP. I read his story in The Guardian in London before I got on the plane to fly to Nashville. Channel 4′s Nancy Amons became aware of the story, and crews were sent to the benefit concert, and then they were rolling during his hearing. He emerged victorious.

Or, so we thought.

I would really like Danny to have a way to call for our help if he needs it again. So, I’ve set up an email list that you can sign up to, AND i’ve set up a new Facebook group that will be in the “new” format on Facebook.

So, two things:
1) Please sign up for Danny’s email list. This will be used sparingly with info on his blog, the case, but also info on his music. I would like to see a new cd, and could envision Danny doing some house concerts across the US in the coming months.
2) Please become a member of the new “Friends for Danny Tate’s Defense” Facebook group.

Full Article,Source and “Sign-Up Links”:
Danny Tate – One Year Later – Looking Back and Moving Forward

>’The Moral Imperative’

May 10, 2011

>Daily, I deal with a life left in ruins by Judge Randy Kennedy and his Seventh Circuit Court. Daily, Kennedy continues his ruin of lives systematically and methodically (well, as much of a method as he can muster; his corrupt way of dealing is quite easy to see through).

It’s a dark world you enter when thrust into his court. Kennedy has used the term “unconscionable” in every session I’ve ever attended (it’s probably a new word he just learned and can’t use it enough). Kennedy has no conscience. Even more so, he’s a danger to society and must be impeached immediately.

I would love to walk away and dismiss him and this experience from my memory as much as possible, but I’m constantly being made aware of abusive conservatorships going on in his court. In fact, I have yet to encounter one case where there is NOT a financial angle all tied to Kennedy and the probate bottom feeders called lawyers that surround him. No one has come up to me and expressed how grateful they are for Judge Kennedy and the conservatorship he put them in. NOT ONE. The ONLY voices that support him are attorneys that profit from his courtroom (you can find them on his campaign contribution file; stay tuned, we are going to target each attorney and make sure their names are forever synonymous with Kennedy who is now the face of courtroom corruption in Davidson County). With the first hand knowledge I have of the despicable acts perpetrated by this court, a moral imperative is imposed. What is going on in this court is unconscionable. I cannot remain silent while this court continues to flaunt it’s false sense of protection while ruining lives. Not to mention the corruption, racketeering and other crimes committed on a daily basis.

Let it be known, Judge Kennedy. 10,000 views and growing; without any effort other than those who have been moved to follow the moral imperative. We aren’t going away. That sound you’re hearing behind you? It’s the sound of your evil ways catching up. You will reap what you’ve sown… seventy times seven.

Source:
ImpachRandyKennedy: The Moral Imperative

>Attorney Paul Housch and the Robert Thurman Conservatorship

March 11, 2011

>According to sources, our investigation and posting of the Robert Thurman case has created some activity. Guardian ad Litem, David J. Callahan, III, has a motion before the court to examine the fees billed to Robert Thurman by Paul T. Housch and John Clemmons. Duh! Considering they have billed Thurman in excess of a $$$Million dollars in attorneys fees. The outrageous activity in this case BY THE LAWYERS and JUDGE KENNEDY is stupifying. Please refer to previous posts on the Robert Thurman case.

The unfortunate thing is, Callahan’s request will be heard in Kennedy’s court.

Full Article and Source:
Paul Housch and the Robert Thurman Conservatorship

Read “Report of Guardian Ad Litem Regarding Fee Requests of Paul T. Housch and John E. Clemmons

>’Kennedy Lied, But What’s New?’

February 27, 2011

>We’ll get to the point.

When Kennedy announced from the bench in open court that the Danny Tate conservatorship was terminated nunc pro tunc (now for then), it was a calculated lie. He had no intention of terminating the conservatorship, he just wanted the bad press and supporters to go away.

The Temporary Letters of Conservator have yet to be dissolved. In other words, the Tate conservatorship was NEVER terminated.

Kennedy’s robes are almost laughable except for the horrific results forced upon the citizens he’s supposed to serve. Kennedy does not serve the people, he serves attorneys and politicians. He’s been given control of quite a deep purse of other people’s money and has no problem giving it away.

Source:
ImpeachRandyKennedy

>Danny Tate’s Issues on Appeal

January 6, 2011

>TELLING IT LIKE IT IS!

If you read what is required by the TN statutes on guardianship (conservatorship) and then compare what Judge Randy Kennedy did to Danny Tate, it reads like a CSI story of an evidence trail so long and so strong, that it is impossible to come to any conclusion other than that every order in the case must be reversed on appeal.

Danny Tate has been freed from his captivity in this unlawful case, but the Conservator still remains in control of his assets, and Danny is now being sued by his wife for nonpayment of child support, which the Conservator – his Dear Brother, by the way – stopped paying on his behalf.

Where do we go from here?

Here is the filed document stating the issues on appeal, in the clearest of terms.

Source:
Tate Issues on Appeal

>October 23, 2007 “Emergency” Ex Parte Hearing vs. Danny Tate

November 19, 2010

>Here’s the cast of characters:

Judge Randy Kennedy: sitting judge for the 7th Circuit Court, Davidson County, Nashville, TN., appointed to the bench by Governor Phil Bredesen to an elected bench.

David Tate: Petitioner and brother to Danny Tate (the alleged “disabled” Respondent) who was not present and who had no idea this secret proceeding was taking place.

Paul Housch: attorney for the Petitioner, David Tate. Also, close friend, business associate, fellow alumni and other questionable alliances with Judge Kennedy. Campaign contributor to Judge Randy Kennedy’s unopposed re-election to a bench he was never elected to in the first place. Had never met or laid eyes on Danny Tate.

Robert Stratton: proposed Guardian Ad Litem for Danny Tate. Also, campaign contributor to Judge Randy Kennedy’s unopposed re-election. He has never met Danny Tate. As GAL, his responsibility is to investigate the allegations made by the Petitioner, David Tate, and to represent the interests of the Respondent, Danny Tate.

[The video transcript of this proceeding has just come to light, over three years after it took place. Judge Kennedy’s office denied that this video transcript existed]

Read the transcript of the 10/23/2007 “Emergency” Ex-Parte Hearing

View the Ex-Parte Hearing

See Also:
Impeachment Is Not Good Enough