Possible conspiracy to take away Appellant’s rights to appeal in Virginia had succeeded, Brian D. Hill’s appeals dismissed for untimely filing but files Motion for Delayed Appeals at fault of Attorney Fred Smith

URGENT (THIS AFFECTS ALL OF VIRGINIA): Email this and share this article to everyone you know. Start calling the Court of Appeals of Virginia and call for Brian’s right to appeal to be protected. Otherwise, if Brian loses his constitutional right to appeal a corrupt circuit court judge’s ruling, then this can happen to you too, if you live in Virginia. This affects every single citizen of the Commonwealth, of Virginia. What Judge Greer did to Brian, taking away his right to appeal by using ther contempt of court statute criminalizing “vile, contemptuous, or insulting language”, your appeal rights can be taken away by a single judge who feels offended by your truthful words. Disclaimer: Opinions have been made in this article but there is also evidence documents and audio recordings to make such truthful honest opinions, and reasonable inferences based on all of the cumulative evidence.

Author: Stanley Bolten

The possible conspiracy or possible plot to try to permanently take away former USWGO Alt. News Brian D. Hill’s constitutional right to appeals in the State/Commonwealth of Virginia over motions being denied had succeeded, at possibly the direction of a single circuit court judge, Judge Greer who allegedly appeared to have gone after another critic of him with a contempt charge (I was warned about this before Brian faced a contempt charge). On January 17, 2024, The Court of Appeals of Virginia had dismissed three of Brian’s appeals as untimely filed (and said Brian didn’t comply with the rules of filing before the deadlines.) despite Brian providing evidence to the judicial panel that Justin Hill, the Assistant Attorney General had lied that Brian was allowed to file in the Appeals Court during a six-month no filing in “state court” time period. The possible plot or possible conspiracy to take away Brian’s constitutional right to appeal a bad decision in the lower court in Martinsville, VA, can and will affect everybody in Virginia as what happened to Brian can and will happen to you, if they succeed in what they have done to Brian Hill. Even the Virginia Supreme Court said you have a due process right to have your issue heard in a court of law. A single circuit court judge in the city of Martinsville had Brian’s appeal rights taken away with the drop of a hat, with just one contempt charge. The top state Supreme Court had said: “Husske v. Commonwealth, 252 Va. 203, 204 (Va. 1996) (“6. The Due Process clause merely requires that the defendant may not be denied an adequate opportunity to present his claims within the adversary system.”)”.

Brian did file an appeal brief in the three appeals, but they were not considered timely filed, so the Court treated it as though no brief was filed at all. The attorney Fred Smith is proven to have been involved in this possible plot somehow, but as to how involved he is, we don’t know and can’t prove how deep he is in all of this. What we can prove is that lawyer Fred Smith had instructed Brian not to file in the “state court” including the Court of Appeals for six months during the pending contempt of court case against Brian Hill. What we can prove was that Fred defended Judge Greer in a recorded conversation Brian had with his attorney. What we can prove was that judge Greer appointed Fred Smith as counsel in Brian’s contempt of court case.

Brian asked the Court of Appeals of Virginia (CAV) to reopen his appeals with a motion for delayed appeals. Was filed with the CAV just yesterday before midnight on January 18, 2024. Brian said under affidavit that he “had trust issues” with “Attorney Fred Smith”, which was why he brought a recording device into the attorney’s office. Brian admitted to recording his visits with the court appointed attorney three separate times. Brian said his family was also aware of Brian recording the meetings and did not object to them, but in fact consented to the recordings and for good reason.

Files:
1. 011724 order – deny motion for leave and dismiss BW 0313-23-3 & 0314-23-3 & 0317-23-3.pdf – Order from CAV denying motion for leave of court and dismissed three appeals.
2. Motion1-18-2024.pdf – Motion for Delayed Appeals, filed with the CAV a day after the appeals were dismissed, despite the fact that Virginia law allows up to six months to file such a motion. Looks like Brian was working quickly on this. He is fast at fighting back against his enemies.
3. ALL-EXHIBITS-1-18-2024.pdf – All Exhibits in support of filed motion.
4. proof-of-service-1-18-2023.pdf – Proof of service on both Justin Hill and Glen Andrew Hall.
5. CAV-acceptance-filings-motion-delayed-appeal-1-19-2024.pdf – Notifications by VACES electronic system that the filings were reviewed and approved for filing in the CAV. Proof that they were accepted by the court.
6. EXHIBIT 8-Declaration for Motion for Delayed Appeal.pdf – EXHIBIT 8 filed declaration which was incorporated into ALL-EXHIBITS-1-18-2024.pdf.

Brian was angry at Fred for lying to Brian Hill and betraying him (Fred cannot credibly deny this since the audio recordings are uploaded online, and transcripts were produced of the entire recorded conversations) after his appeals were dismissed. He filed several letters regarding this betrayal demanding answers and even threatened legal action against his own lawyer.

Files:
1. Emergency request letter.pdf – Roberta Hill email to Jeanie Nunn, Clerk of the Circuit Court for Martinsville, VA. With an attachment of Brian’s letter requesting documents from the Clerk, stating that his attorney “Fred Smith” did not provide him with copies of those pleadings. Ranting about how that attorney lied to his face and said in all caps that he was innocent of his state charge at the end rantings.
2. LETTER TO JEANIE NUNN CLERK January 17, 2024(4).pdf – Attached to email: Emergency request letter.pdf. Brian’s letter to the clerk demanding answers.
3. RE Emergency request letter.pdf – Clerk’s response to Brian which will be very telling here of proving the possible conspiracy. Here it is. The clerk said, “I don’t have the documents that you are referring to.” So that means the agreement where Brian was not to file for six months was not even filed with the judge or the clerk in his contempt of court case. The agreement appears to be secret and may be open to misinterpretation which Justin Hill took advantage of that. The joint motion was nothing more than a one-page letter from the special prosecutor. So, attorney Fred Smith had spoken of Brian agreeing not to file for six months, but it appears that any proof/evidence of such was not filed in the Circuit Court at all, it appeared to have been kept secret.
4. CR19000009-01 Brian Hill.pdf – The clerk was nice enough to provide what documents she did have available for Brian. These are all very telling. They were treating his FREEDOM OF SPEECH as a criminal activity or criminal behavior despite the first amendment of the U.S. Constitution.
5. EMERGENCY LETTER.pdf - Email to attorney Fred Smith with the emergency letter from his client Brian Hill who seem to be furious at what had happened over the last week. He nicely threatened to take legal action against him if he doesn’t provide the case files. Looks like Brian is very angry about his appeals being dismissed after he was told in the audio recording that he was given an extension (of time) to file his regular appeal pleadings.
6. LETTER TO ATTORNEY FRED SMITH January 18, 2024(3).pdf – The emailed letter to his attorney. His family will not release any further information at this time regarding the situation with Attorney Fred but is being cautious at this time too. We will update as further information is provided.
7. Virginia Judiciary Online Case Information System.pdf – The entire case information about the contempt of court case. It shows filings on January 17, 2024 and that clerk filed a response to Brian Hill with what could be found. See RE Emergency request letter.pdf and CR19000009-01 Brian Hill.pdf.

So there appears to be enough evidence to hint that there is a possible conspiracy, enough evidence and proofs together. There is enough evidence there to give such an inference. That Brian Hill had been told by his court appointed attorney (appointed by judge Greer nonetheless) not to file anything in the state court for six months. Brian complied and then his appeals were dismissed for untimely filing in three of his appeal cases because no extension of time was ever filed by the Attorney General. On October 20, 2023, Fred Smith told Brian verbally that he spoke with that “assistant attorney general” (was referring to Justin Hill after Brian, his client, said the name of Justin, then Hill, Justin Hill). Then Fred said that “and I talked to him, and they get, I understood that you got an extension“, “to, to file“. So, Fred told Brian a complete false statement. The conspiracy is that Judge Greer wanted to quash Brian’s freedom of speech by using legal force or threat of using legal force and pushing for jailing Brian for his speech. Although it was the clerk of the Circuit Court Jeanie Nunn who signed on the “show cause” order and Judge Greer’s signature was not found on the document. They wanted Brian to be a speech prisoner, just like Owen Shroyer of Infowars. Then they used Brian’s speech as considered “criminal activities” in order to coerce Brian Hill to not file anything timely in his appeal cases before the Court of Appeals of Virginia, while Justin Hill could file anything against Brian (see the linked PDF filing from Justin Hill). Brian was being held hostage unconstitutionally by this operation.

Brian said under oath that he felt he had been set up to lose his appeals by the contempt of court case. It does appear to be a set up when Brian faces possible federal imprisonment and local jailtime, or he doesn’t file for six months then loses his appeals over that. This was a set up. A set up operation of something clearly unconstitutional and illegal retaliation. This is a hostage situation, not an active hostage situation where actual guns were pointed at Brian (Disclaimer: no guns were pointed at Brian in this instance), but a legal hostage situation where they threatened Brian’s imprisonment if he doesn’t shut his mouth up and losing his appeals. Threatened to make Brian a SPEECH PRISONER.

Now that his three appeals have been dismissed, his last three appeals in the Court of Appeals of Virginia, by order of the CAV, Brian is fighting back against both his court appointed attorney and is asking the CAV to reopen his last three appeals for his constitutional right to due process of law being taken away from him by his own court appointed lawyer.

Even the Virginia Constitution does not allow restraining Brian’s freedom of speech in Virginia, even under a legislature passed law of contempt of court. Judge Greer charging Brian with criminal contempt of court has violated Article I, Sec. 12 of the Virginia’s bill of rights.

Section 12. Freedom of speech and of the press; right peaceably to assemble, and to petition.
That the freedoms of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments; that any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble, and to petition the government for the redress of grievances.

Constitution of Virginia // Article I. Bill of Rights

However, the special prosecutor appeared to have labeled Brian’s SPEECH, as criminal activities, despite the fact that the United States Constitution and Virginia Constitution have provisions against abridging a Virginia citizen’s freedom of speech.

So, they pretty much labeled Brian’s freedom of speech as “criminal issues”. How is Brian a criminal??? Doesn’t Brian have the right as an American citizen to accuse a judge of anything when there is sufficient evidence or sufficient reasonable cause or anything? The letter from the special prosecutor says: “…we have not had any further criminal issues with Mr. Hill arise.” So now Brian’s peaceful and orderly freedom of speech is a crime in Virginia. There will probably need to be a separate article on that issue alone. Freedom of speech is being unconstitutionally restrained and criminalized in the judicial system of Virginia.

Be careful every citizen of Virginia, if you criticize a circuit court judge in the Court of Appeals of Virginia, the judge may try to charge you with contempt of court and then the court appointed attorney will have you give up on your appeals or lose your appeals. This violates the constitutionally guaranteed rights of due process of law, freedom of speech, and the right to a fair trial under an unbiased impartial trier of fact.