Mental competency to

stand trial By Stanley Green: Please copy and paste below in your browser to sign my petition.

https://www.change.org/petitions/eric-h-holder-us-attorney-general-writ-of-mandamus-to-end-licensed-bullies-administrating-due-process

2

Licensed Bullying When I was indicted October 6, 1992 on the charges of rape and incest, I became a

victim of licensed bullying. Each licensed officer (i.e. judge, lawyer or forensic doctor)

who had a lawful duty to uphold my due process has bullied me around communicating

my medical records without my consent. Due process is a legal term that means both

the Judiciary and Executive Branches must faithfully uphold without prejudice each of

my United States Constitution Bill of Rights and/or Civil Rights. TCA 39-17-309

Intimidation of Civil Rights is a felony offense. Yet, licensed officers in Shelby County

Justice Center (SCJC) have adult bullied me from exercising my legal rights as a criminal

defendant. I have letters and receipts to corroborate my accusations of licensed bullying

is true and accurate. My ambition is to testify before a Senate Judiciary Committee.

Mentally competent to stand trial My case has never gone to trial because my Public Defenders have bullied me to

pursue a mentally incompetent line of defense. Later I will present you the legal

definition of what it means to be declared mentally incompetent. Also, I will

apprise you to understand that Memphis Mental Health Institute (MMHI) is the

official psychiatric court in Shelby County, TN that’s been designated exclusive

powers to adjudicate mentally incompetent cases. Middle Tennessee Mental Health

Institute (MTMHI) is our state insane asylum (formerly Central State Hospital). I

have never needed a guardian to manage my affairs. Here I was imprisoned 200

miles away from my hometown in Nashville, TN on Murfreesboro Rd. in a mental

insane asylum to undergo two 30-day psychiatric evaluations one year apart.

3

Judge Dailey forfeited my bail bond Shelby County Criminal Court Judge Joseph Dailey Div. V forfeited my

bail bond with Brisco Bonding Company after Larry Southard, Director

of Forensic Services Middle Tennessee Mental Health Institute

(MTMHI) had written him a letter dated May 13, 1993 stating that I was

mentally competent to stand trial. Judge Dailey neglected to sign an

order to refund my bail deposit of $500. Judge Dailey issued me a

second bail bond for $20,000. I refused to pay for a second bail bond

because Brisco Bonding Company didn’t refund my $500 deposit for

my first bail bond that Judge Dailey forfeited with no fault of my own.

Shelby County Justice Center Mayor A C Wharton was the Chief Public Defender at the time Shelby

County Justice Center (SCJC) kept me confined for one full year with Brisco

Bonding Company holding my $500 bail deposit. TCA 40-11-120 and 40-11-

205 specify instructions to the court for judges that forfeit bail deposits of

criminal defendants to refund our money back. My public defenders

Attorney Sherrye Brown and Mark S. McDaniel allowed Judge Dailey to

forfeit my bail in violation of Tennessee law. I became so frustrated with

licensed attornies bullying my legal rights and judges robbing me of my

money that I inevitabley gave up my defense and pled guilty to incest.

4

Mayor A C Wharton, Jr.’s Letter Mayor A C Wharton, Jr., (former Chief Public Defender) has written me a letter dated October, 28, 1992. I had

asked Chief Wharton to assign me a public defender who would warrant my legal rights to due process. He

replied that his office would carry out responsibilities as required by law. Instead, I ended up with Attorney

Sherrye Brown advising me that I no choice except to plead guilty.

5

TCA 39-13-506 Statutory Rape

6

TCA 39-15-302 Incest

7

Minerva A. Johnican Criminal Court Clerk Stanley Green’s Indictment October 14, 1992

8

Brisco Bonding Company Below is a copy of two (2) receipts from Brisco Bonding Company for payments made on my $5000 criminal

bond that Judge Dailey Div. V revoked and later forfeited after he ordered me involuntarily committed into

Middle Tennessee Mental Health Institute (MTMHI) in Davidson County, TN. Judge Dailey has neglected to

issue an order for Brisco Bonding Company to refund our payments. Michael Brisco and I have played football

at Northside High School of Memphis. Michael is now deceased. Samuel Brisco (Skip) is his brother. Our

families have years of acquaintances and we’re highly respected in our Klondike neighborhood.

9

TCA 40-11-120 Forfeiture of defendant’s bail deposit

10

TCA 40-11-205 Refund of forfeiture payments on reversal

11

Judicial Diversion Judge Doran Div. IV has denied my legal right to diversion as a first-time felony offender which means that my

record can never be expunged for the rest of my life despite having only one conviction.

12

Probation Order June 2, 1994 Shelby County Criminal Court Judge Doran (Div. IV) has issued my probation order and spelled out terms of

my supervision through Tennessee Department of Corrections Parole and Probation Office. I was legally

entitled to diversion as a first time felony offender, but Judge Doran bullied me out of it.

13

Joyce A. Woodley’s Letter Joyce A. Woodley was my original probation officer upon my felony conviction of incest June 2, 1994. Her

primary concern was to supervise my attendance for mental health treatment.

14

Tennessee Department of Correction Division of Adult Probation Plan of Supervision

Shelby County Criminal Court Judge Doran (Div IV) ordered Tennessee Department of Adult Probation and

Parole to supervise me to receive mental health which I was actively pursuing through VA Hospital Mental

Hygiene Clinic before I was indicted by Shelby County District Attorney Genera

15

Status History Inquiry My Status History Inquiry is a report of my criminal court business activities beginning October 6, 1992

16

Larry A. Godwin & William Gibbons’ Letters Larry A. Godwin, Director of Police Services City of Memphis Police Department tried to bully me around

lying to Mayor Dr. W. W. Herenton that I have been convicted of rape. I had to beg William Gibbons, Shelby

County District Attorney to write me a letter to stop Larry from bullying me around.

17

Green vs. Godwin I have filed a Citizen’s Dispute Complaint in Shelby County Circuit Court hoping to stop Director Godwin and

Memphis Police Department from bullying me around. Judge Jerry Moore threw a monkey wrench in my case

to stop the wheels of justice from churning and I decided to forfeit my lawsuit.

18

Green vs. Godwin Con’t

19

Green vs. Godwin Con’t

20

James Johnson’s Letter

21

Green vs. Wharton I filed a Class Action Civil Rights lawsuit in US District Court against Shelby County Mayor AC Wharton, Jr.

and Shelby County law enforcement authorities for bullying me of my voting rights.

22

TCA 40-20-112 & 40-29-203 Revocation & Restoration of Voting Rights

Tennessee Department of Probation and Parole has never submitted restoration of my voting rights and no

matter how many times I have complained nothing has been done to correct the situation.

23

TCA 39-17-309 Civil Rights Intimidation

24

Rule 501 Privileges Recognized only as Provided Tennessee Law

25

Rule 501 Privileges Recognized only as Provided Tennessee Law Con’t

26

Fifth Amendment

27

Fourteenth Amendment

28

Fourteenth Amendment Con’t

29

Mistrial

30

Due Process

31

Due Process Con’t

32

Discovery Evidence

33

Discovery Evidence Con’t

34

Motion in Limine

35

The Law and Self-representation During my Motion for Limine Hearing I formerly requested Judge H. T. Lockard under oath to recuse

Attorney McDaniel for bulling me and permit me to represent myself. Judge Lockard denied my legal right.

36

TCA 33-5-404 Finding of need for involuntary commitment by designated psychologists

37

Charter Lakeside Hospital Patient Account Statement My medical bill at Charter Lakeside was $14,379 for two weeks inpatient hospitalization and treatments.

Barbara was admitted in Lakeside Hospital the following month after I had been discharged

38

UT Medical Group, Inc. Consent Forms

39

UT Medical Group, Inc. Patient Statement

40

Memphis Mental Health Institute

41

Middle Tennessee Mental Health Institute The Middle Tennessee Mental Health Institute (MTMHI), originally known as the Tennessee Hospital for the

Insane and later as the Central State Hospital for

the Insane, is a psychiatric hospital located

in Nashville, Tennessee. After visiting Tennessee's

first mental health facility, the Tennessee

Lunatic Asylum, in November 1847, Dorothea

Dix urged the state legislature to replace the

unfit facility. The new facility, named Central State

Hospital for the Insane, opened in 1852 in southeast

Nashville, Tennessee on the southwest corner of

Murfreesboro Road and Donelson Pike. In 1963, the

Tennessee Neuropsychiatric Institute

was formed by Vanderbilt University and its

research facility was located at Central State. In

1995, the hospital moved to new facilities on

Stewarts Ferry Pike. The original hospital buildings were demolished in 1999 to make way for Dell to build a

large computer assembly plant (Wikipedia).

42

Mental Incompetency (Wikipedia) A person who is diagnosed as being mentally ill, senile, or suffering from some other debility that prevents

them from managing his own affairs may be declared mentally incompetent by a court of law. When a person is

judged to be incompetent, a guardian is appointed to handle the

person's property and personal affairs. The legal procedure for declaring a

person incompetent consists of three steps: (1) a motion for a competency

hearing, (2) a psychiatric or psychological evaluation, and (3) a

competency hearing. Probate courts usually handle competency

proceedings, which guarantee the allegedly incompetent person Due

Process of Law. In Criminal Law a defendant's mental competency may

be questioned out of concern for the defendant's welfare or for strategic

legal reasons. The defense may request a competency hearing so that it can

gather information to use in Plea Bargaining, to mitigate a sentence, or

to prepare for a potential Insanity Defense. The prosecution may raise the issue as a preventive measure or to

detain the defendant so that a weak case can be built into a stronger one. A motion for a competency hearing

must be made before sentencing takes place. In federal court a motion for a hearing will be granted "if there is

a reasonable cause to believe that the defendant may be suffering from a mental disease or defect rendering

him mentally incompetent" (18 U.S.C.A. § 4241 (a)). A psychiatric or psychological evaluation is then

conducted, and a hearing is held on the matter. If the court finds that the defendant is incompetent, the

defendant will be hospitalized for a reasonable period of time, usually no more than four months. The goal is

to determine whether the defendant's competence can be restored. This type of mental commitment is

authorized by the U.S. Supreme Court only for defendants who "probably soon will be able to stand trial"

(Jackson v. Indiana, 406 U.S. 715, 92 S. Ct. 1845, 32 L. Ed. 2d 435 [1972]). The possibility that a defendant

committed a serious crime does not warrant an extended commitment period, because that would violate the

defendant's due process rights.

43

Chief Lance Bracy’s Letters Judge Joseph Dailey Div. V had appoint Attorney Sherrye Brown to represent me as my Public Defender.

Upon my first interview she advised me to plead guilty to incest in exchange for 3-year probation plea bargain

agreement. I refused her offer and requested to exercise my legal right to file counterclaim against the state. She

denied my request and scheduled me for a mental competency hearing. I filed an ethical complaint with Lance

Bracy, Chief Disciplinary Counsel Board of Professional Responsibility. Lance dismissed my complaint.

44

Attorney Mark S. McDaniel Judge Joseph Dailey Div. V had appointed Attorney Mark S. McDaniel to

represent me as Public Defender. Attorney Sherrye Brown had recused

herself from defending my case. I had filed my ethical complaint with Lance

Bracy Chief Disciplinary Counsel Board of Professional Responsibility (BPR).

Judge Dailey had made a comment from the bench telling me not to file a

complaint against Attorney McDaniel for this was the final time he would

appoint a replacement Public Defender. Instead of filing a complaint against

Attorney Mark S. McDaniel I filed my ethical complaint with Sheila Jordan

Cunningham, Presiding Judge Court of the Judiciary (COJ) against Judge

Joseph Dailey for unethical misconduct. Attorney McDaniel had portrayed

me as mentally incompetent to stand trial in lieu of me filing my complaints.

Adult Bullying I kept a journal of letters from Attorney Mark S. McDaniel where he has resorted

to adult bullying. Mark has written me two letters dated April 13 & 14, 1993 to

bully me against filing my counterclaim stating he alone shall decide my defense

strategy. After I have been convicted June 2, 1994 Mark wrote me a letter dated

June 6, 1994 to congratulate me how I conducted myself at my trial. Five months

later Mark wrote his final letter dated November 7, 1994 where he stopped bulling

me. He sent my discovery evidence and offered me his cooperation. I was legally

entitled to my discovery evidence during the preliminary proceedings of my

mental competency hearing. Instead, Mark bullied me to where I was intimidated

against exercising my constitutional and/or civil rights. Mark should have been

disbarred and prosecuted for intimidation of my civil rights for his adult bulling.

45

Bullying Statistics

46

Attorney Mark S. McDaniel’s Letters

47

Attorney Mark S. McDaniel’s Letters Con’t

48

Attorney Mark S. McDaniel’s Letters Con’t

49

Dr. Andrea L. Nichols & Dr. Lynne D. Zager Letters

50

Dr. Larry Southard’s Letters

51

Larry Southard’s Letters Con’t

52

Larry Southard’s Letters Con’t

53

Dr. John Hutson’s Letters Dr. John Hutson has characterized me as a “writ writer” which is a professional term for “jailhouse lawyer”.

My licensed therapist and licensed attorney are discussing my medical history and my complaints against

licensed officers of the court which both confidentialities are protected under privileged communication.

54

Sheila Jordan Cunningham’s Letter I have filed complaints with the Court of Judiciary against Judge Joseph Daily, Judge H. T. Lockard and

Chancellor Floyd Pete protesting blatant ethical and legal violations of my rights to due process. Judge Sheila

Jordan Cunningham has wrongfully dismissed my complaints concerning ethical misconduct.

55

Ton of incriminating letters I have a ton of incriminating letters that prove I have been bullied during my

mental competency hearing. Each licensed officer had a legal obligation to me as a

criminal defendant to protect my privileged communication. Instead, each one was

unethically writing letters behind my back discussing my medical history swearing

up and down that I was mentally incompetent to stand trial. Not a single one has

asked me to sign consent to release my medical records. My Public Defenders were

the head Honcho leading the pack. Dr. Andrea Nichols’ had referred Judge Dailey

to send me to MMHI for further evaluation, but Judge Dailey ordered Shelby

County Sheriff Deputies to involuntarily commit me to MTMHI in Nashville, TN.

Licensed Bullying Mr. Green you little wimp so what if I have shared your medical records with

forensic doctors without your knowledge or consent! How dare you file ethical

complaints? Just for that we’re going to gang up on you to have you shipped to a

nuthouse for running your big mouth! The problem with you licensed bullies is you

don’t know how to accept constructive criticism. I don’t need to be in a nuthouse.

Instead, you need to stop pushing me around like a little kid! I bet if you were to

lose your attorney license, then I would pulverize you down to my size. Don’t you

worry I won’t ever lose my attorney license because nobody believes you. Your

doctors are working for me and I tell them what to say about your mental state.

56

Dr. John Hutson Dr. John Hutson you were my therapist at Charter Lakeside. I feel terrible

that I have entrusted my faith in you as my therapist and you’re going

around slandering me to my Judge Lockard as being mentally incompetent

to stand trial. This has caused me to lose self-confidence in myself. Is it

something that I have said in my therapy sessions that has given you the

impression that my mind is so warped I need a guardian to help me manage

my affairs? I thought I was pretty nice guy. I have become mixed up. Well

Stanley it’s like this: I figured that as your therapist I had an ethical duty to

lie about your mental competency to save your neck from going to trial!

Counter-transference Dr. Hutson that’s very clever of you to make up a lie to save my neck from

going to trial. I see you and my public defenders have the exact same ethical

standards. Here I am thinking myself clever as you are by being truthful about

my mental competency. Maybe I should have played right along and feign like I

was crazy to keep from standing trial. Stanley you’re starting to get the picture.

The criminal justice system is corrupt and defendants who confess the truth end

up in the slammer. Your public defenders and I helped you to win probation by

confining you to an insane asylum for a whole year. Gee thanks and forgive me

for developing the wrong impression! I thought maybe you resented me as your

client. Of course not Stanley. I have a great deal admiration for sexual deviants.

57

Countertransference an overview

58

Judge Daily has treated me worse than a dog Judges Dailey has treated me worse than a dog in the courtroom. I had

asked Judge Dailey to allow me to testify at my own mental competency

hearing and he told me no! Maybe I didn’t bark loud enough for him to

hear me. I clearly heard the bailiff say, ‘Hear ye hear ye the court is now in

session. Honorable Judge Dailey is presiding and all doing business with

the court shall be heard’. I presume that since it was my competency

hearing that I had the legal right to testify under oath or speak to the

judge. Maybe if he had allowed me to speak, then it may have prevented

him wasting time sending me for a 30-day psychiatric evaluation I didn’t

need. Judge Dailey had a lawful duty to declare a mistrial for his error.

Two 30-day psychiatric evaluations Mr. Green Judge Dailey has sent you MTMHI just last year around the same

time for a 30-day psychiatric evaluation. We have sent Judge Dailey a letter

stating you are mentally competent to stand trial. Why has Judge Lockard sent

you back here at MTMHI for a second time? Well Doctor I must look crazy like

I have an arrow stuck in my head. Mr. Green you’re not crazy. I have scheduled

surgery to have the arrow removed. Maybe you won’t look so crazy to judges in

Shelby County. Thanks doctor because I am really tired of being transported

back and forth in the back of a van handcuffed and shackled like a prisoner.

59

Shelby County Sheriff Jail Transport

Handcuffed and shackled I was handcuffed and shackled when Sheriff

Deputies transported me to Middle Tennessee

Mental Health Institute (MTMHI) in Nashville,

TN. I hadn’t been convicted of any felony, nor

was I a fugitive from justice. Rather, I had

lawfully purchased a $5000 bail bond certificate

from Brisco Bonding Company and complied to

appear in court for my mental competency

hearing as scheduled on the licensed docket. So,

I couldn’t understand why I was being bullied as if I were a convicted prisoner. According to American

jurisprudence I was supposed to be presumed innocent until proven guilty. Yet, that isn’t how our legal system

operates here in Tennessee. I was guilty from day one and was mistreated by licensed bullies with indignity and

disrespect of my legal rights. Never at any time did any licensed bully ask me if I wished to exercise my legal

right of due process to file counterclaim against the state’s criminal complaint. They all pretended as if I didn’t

have any legal rights just so they can bully me around like I am a defenseless kid. Here I am a veteran soldier

and they didn’t have the decency to send me to VA Hospital for evaluation. I have an outstanding military

record and I deserve to have been treated better than I was by licensed bullies abusing his or her canon oath.

60

Sex Offenders Sex Offenders are no longer considered American citizens covered under our

US Constitution. Tennessee General Assembly has hereby ordered each

criminal defendant convicted of any sex crime to register his or her name with

the Tennessee Sex Offender Registry (TSOR). TSOR shall be enforced by

licensed bullies in violation of United States Constitution Section 9 paragraph 3.

Sex Offenders who refuse to being unlawfully bullied by licensed bullies shall be

arrested and prosecuted. Sex Offenders shall be stalked, harassed and publicly

humiliated. Any public official that seeks to defend Sex Offenders’ legal rights

to due process shall immediately be immediately booted out of public office.

Bill of Attainder? The Judiciary Branch is the only branch with constitutional power to sentence

criminal defendants to serve time. A bill of attainder is when Congress has

passed a law to impose a sentence without due process. Ex-post facto is when

Congress has enacted a law and the effective date is made retroactively. TSOR is

a concealed form of state probation designed to circumvent due process. United

States Department of Justice (USDOJ) has a lawful duty to uphold Section 9

paragraph 3 to protect Sex Offenders’ legal rights to due process. Otherwise,

Congress will continue abusing its congressional powers to bully Sex Offenders.

United States Constitution doesn’t discriminate. All American citizens regardless

of personal profile or minority classification are covered against being bullied.

61

Defending Constitutional Rights US Constitution is the greatest weapon I have to defend me from licensed bullies in

office. My Public Defenders have done all in his or her power to bully me while I

was defending my constitutional rights. I didn’t need for my licensed attorneys to lie

about my mental competency to stand trial. Instead, I needed him or her to advocate

in my behalf to the court that I Mr. Green am entitled the right to a speedy and fair

trial. My legal rights have entitled me to file counterclaim against the state’s criminal

charges, if I so choose to exercise my legal rights as a criminal defendant. I have

made every legal effort to vociferate to the court that I suffer from criminal offenses

being imposed upon me by the state and I demand to be heard in a court of law. I

had every legal right to lodge my ethical complaints with the Board of Professional

Responsibility (BPR) and Court of the Judiciary (COJ) seeking disciplinary actions

against my Public Defenders trying to bully me defend my constitutional rights.

Conflict of Interest Shelby County District Attorney General’s Office (DA) had a legal obligation

to warrant my due process. Yet, the DA has a conflict of interest role serving

as the prosecution. I have lawfully testified under oath to the court during my

Limine Hearing that I have suffered from criminal offenses being imposed

upon me. I have demanded to exercise my legal right to file my counterclaim.

Nobody from the DA’s Office has approached me knowing I have testified

under oath to serve as witness of criminal infractions of law against me. In

essence the DA has omitted to carry out its lawful duty to protect me as a

criminal defendant pursuant my Fifth and Fourteenth Amendments legal

rights. The latter is an egregious violation of my legal rights to due process.

62

Jury Trial A jury trial is a mandatory component of any criminal trial. Only the defendant

has the legal right to waive a jury trial. Mistrial is an errant due process issue

making a trial null and void. Thirteenth Amendment has stipulated the legal

criteria for punishment of crime is the party must have been duly convicted.

The legal definition of duly simply means the conviction must be gained

through due process of law. If due process has been corrupted the Judiciary is

obligated to overturn the verdict through Court of Appeals, State Supreme

Court or US Supreme Court as the highest appellate court to overturn rulings.

Stenographer The stenographer is the most important person in the courtroom. The role of the

stenographer is to prepare a typed transcript of any criminal trial. The latter serves

as an official record of statements made in the courtroom by judges, prosecutors,

attorneys and/or witnesses. Any appeals court, public official or individual citizen

may subpoena or buy a copy of the official transcript. The transcript makes it

possible for verdicts to be overturned by appeals court. Statute of limitation for due

process issues is unlimited or never runs out. The stenographer is one of the few

court officers that haven’t practiced bullying criminal defendants. Instead, they do

their jobs in a professional and respectful manner in accordance to due process.

63

Counterclaim against criminal complaint Whenever a plaintiff files a criminal complaint, then the defendant has

the right to file a counterclaim. The criminal complaint and counterclaim

must be sent to the Grand Jury to determine probable cause. The Grand

Jury decides whether to issue an indictment empowering the District

Attorney General to investigate either complaint respectively. If the

defendant has walked pass the counter to file a counterclaim, then he or

she has waived his or her legal right to be represented by the DA’s

Office. So, it is always safer to file a counterclaim for equal protection.

Criminal Trial A criminal trial must be free of any deprivation of the defendants’ United States

Constitutional Rights or Civil Rights. The Fifth and Fourteenth Amendments

have placed a legal burden on licensed officers to exercise oversight to warrant

due process of criminal trials. Each licensed officer has a lawful duty to carry out

the law in a respectful manner to treat criminal defendants as an innocent person

rather than a convicted prisoner. Due process in a criminal trial is free of any

bullying by the prosecutor to coerce a guilty verdict. Rather, the goal is to gather

evidences and/or present testimonies for jurors to render unbiased verdicts.

American jurisprudence is purposed to prevent miscarriage of justice being

imposed upon an innocent person even at risk of acquitting a guilty person.

64

Run for your lives!!! Run for your lives!!! Excuse me press reporters: Vice President Biden didn’t

actually mean run for your lives he means jogging is good for you. Mr. Vice

President, can you clarify your statement for the press? What I meant to say

is that we as public officials have become licensed bullies. The No Fear Act

applies only to government personnel. Any public official may exercise his

or her public seat of office to bully citizens around whether he or she likes it

or not. If President Obama says you need to buy Affordable Health Care,

then by golly our administration stands behind him 100%. You must realize

that America is no longer a free nation with freedom of choice. Rather, we

have been converted to the doctrine that bullying is the American way!

Keep your coins I want change Mr. Vice President public officials have been bullying me around before

President Obama came into office and they are still bullying me around.

What has happened to freedom of choice? When our little children see adult

men and women in public office acting as bullies, then they pattern after their

behaviors. A bunch of thugs have been bullying me, because I panhandle to

make a living. Thugs are no worse than the public officials who have abused

their public office passing laws to bully me from finding gainful employment

due to my felony. Do me a favor and ask President Obama to change this

before he leaves office. Otherwise, my life won’t be worth a plugged nickel.

65

Change We Can Believe In President Barack Obama has run his first political campaign on the

theme ‘Change we can believe in’. He serves as our Commander in

Chief of our US Armed Forces and President of our US White House.

He has formerly served as a professor at Chicago Law School teaching

constitutional law. The change I have envision is for our judiciary to

carry out it lawful duty to uphold our US Constitution due process.

The latter would steer our nation in the right direction. As it stands

today criminal defendants have been denied filing counterclaims.

Eric H. Holder, Jr. President Obama has appointed Eric H. Holder, Jr. to serve as our United

States Attorney General. US Department of Justice (USDOJ) is the eminent

authority in charge to administrate our Fifth and Fourteenth Amendments

guarantee of due process in behalf of criminal defendants. USDOJ may not

discriminate against any person regardless of personal profile. Discrimination is

a form of bullying by depriving minority classes equal access to government

agencies or public accommodations. Criminal defendants have been bullied

from gaining equal access to the Attorney General’s Office to file counterclaims

against criminal charges. As a result, due process has not been legally enforced.

66

Writ of Mandamus Writ of Mandamus is a powerful legal instrument to command a lawful duty to be

carried out. It is an order handed down from a higher court to a lower court. In

rare cases have writ of mandamus been upheld. It serves as final alternative when

no other recourse of action has remedied the situation. Often time officials in high

ranking position have omitted to carry out his or her lawful duties. Plaintiffs who

are lawfully seeking writ of mandamus may compel action by proving three (3) legal

components. 1) A lawful duty exist. 2) A lawful duty isn’t being carried out. 3) All

recourse of remedy has been exhausted. A final decision is thereafter rendered.

Superior Court of California Superior Court of California for the County of San Diego has written a

decision of an administrative mandamus. Professor Timothy Cliffe, Petitioner

has filed a mandamus against the Office of Administrative Hearings and the

Governing Board of the GROSSMOUNT-CUYAMA Community College

District to command licensed bullies carry out their lawful duties to him.

There are three components that Professor Cliffe had to prove.

1. Lawful duty exist

2. Lawful duty not being performed

3. All other recourse have been exhausted

Professor Cliffe wasn’t going to allow himself to be bullied around when he

knew the Respondents were omitting to perform their lawful duties to him.

67

What is a Writ of Mandamus?

68

USDOJ Subpoena Court Transcripts I demand the United States Department of Justice (USDOJ) subpoena my court transcripts to see whether my

legal rights have been violated by licensed bullies in Shelby County Justice Center (SCJC). Judge Joseph Dailey

Div. V. denied my right to testify at my own competency hearing qualified

me for a mistrial. I have lawfully purchased a $5000 dollar criminal

bond for my release pending my trial date being set. Judge Joseph Dailey

forfeited my $5000 bond in blatant violation of TCA 40-11-120 Forfeiture

of bail deposit and ordered me incarcerated in Shelby County Justice

Center (SCJC). I haven’t been cited for any violations that justify forfeiture

of my $5000 bail bond. I remained incarcerated well over a year in SCJC

with Brisco Bonding Company holding my bail deposit. Judge Dailey

has neglected to sign an order for Brisco Bonding Company to refund

my bail deposit pursuant TCA 40-11- 205 Refund of forfeiture payments

reversal. William Keys, Shelby County Criminal Court Clerk has

invoiced me to pay fines for each day of my incarceration. However, my incarceration was unconstitutional in

that I had lawfully purchased a $5000 bail bond certificate. USDOJ has legal jurisdiction to prosecute criminal

infractions of public officials breaking the law. After Larry Southard, Director Forensic Services had written a

letter to Judge Dailey to dispel issues involving my mental competency to stand trial, then Judge Dailey should

have reinstated my bond and ordered me released from incarceration. The bottom line is I actually was extorted

out of $500 for a bail bond that was worthless to me as the defendant. I am legally entitled to remuneration by

the Judiciary with punitive damages for my pain and suffering, because I have been denied my right to mistrial.

69

� Request for testifying at competency hearing

� Request for reinstatement of $5000 bail bond

� Request for refund after forfeiture of bail bond

� Request for discovery evidence during pre-trial

� Request for filing counterclaim against charges

� Request for fair and speedy trial without delays

� Request for mistrial due to deprivation of rights

� Request for attorney recusal and self-representation

� Request for diversion as my fist-time felony offense

� Request for restoration of voting rights after probation

Request to plead guilty to incest

70

Denied due process

I have been denied due process. My case should have been declared a mistrial. Each

request I have made concerning my mental competency hearing and/or criminal trial

has been stamped denied except for one. When I requested to plead guilty to incest it

has been stamped approved. Justice has been served the American way (with licensed

officers bullying weaker citizens)! I don’t have a license to practice law. Even if I did I

wouldn’t abuse my license to bully my legal clients. I have sufficient education to read

the law for myself to know what my legal rights are. I knew each time when licensed

attorneys were pulling my leg to jack me around and deprive me of my entitlements.

My licensed attorney talking trash Mr. Green let me give you some sound legal advice. Plead guilty to incest and accept a six-year plea

bargain offer for probation. Of course now the judge can’t give you diversion because you will be

a convicted sex offender. Yet, that’s no big deal! Trust me I am a licensed attorney and I know the

law. Now Mr. Green if you decide to take your case to trial I can guarantee you’ll lose and will be

sentenced to life imprisonment. Attorney can I exercise my legal right to file a counterclaim against

the state? I have a good case I think I could win. No sir Mr. Green the law doesn’t work like that.

If the state has committed any crimes against you, then suck it up and don’t let it get you down.

The only legal right you have under the law is to defend criminal charges of the state against you!