Author: Stanley Bolten
The FULL Court of Appeals of Virginia has thrown out Brian D. Hill’s petition for rehearing and rehearing en banc. So the full court including all judges there have signed onto a new HORROR, a NEW TYRANNY coming to everybody in Virginia. A single judge is allowed to possibly conspire to have an appellant’s appeals thrown out of court. Everybody in Virginia will be affected by this action. This is NOT about Brian Hill, this is ABOUT EVERYBODY living in Virginia, every American citizen. The full court had thrown out the argument which would have prevented a single court judge from becoming a Dictator, like Hon. Giles Carter Greer, the Circuit Court for the City of Martinsville. Now, Judge Greer and other judges across the state of Virginia can and will become a dictator and here is why. Yes, this new decision does cause the judicial warranting of a single court judge who can become a DICTATOR by preventing a disgruntled party in a criminal or civil case from appealing to the Court of Appeals of Virginia. Procedural due process of law has now ended and a single court judge can end a criminal defendant’s right to appeal, AT WILL. The judge appointed the lawyer who works against the client. All the judge has to do is charge an appellant with criminal contempt of court for anything protected as freedom of speech, then appoint an attorney to sabotage the appeals of the judge’s target by demanding that the client (the target of the judge) not file for six months during the pending appeals, and then they are thrown out as untimely filed, appeals gone forever. Perfect way for a judge to avoid accountability and use the abuse of the contempt powers given by the Virginia General Assembly, abusing the contempt powers to end freedom of speech and end problematic appeals to the corrupt. If the corrupt judiciary finds an appeal winnable by a criminal defendant or civil litigant, then the judge can sabotage the appeals by charging the appellant with criminal contempt of court. Not even Legal Aid will defend you once charged with criminal contempt of court. Conspiracy to wreck appeals of a problematic litigant in the corrupt judicial system, the conspiracy works successfully in Virginia and has now been protected by all judges of the Appeals Court of Virginia. THIS IS VERY DANGEROUS, EXTREMELY DANGEROUS to our Constitutional republic. Virginia is now in crisis, it is NOW IN LIMBO. Virginians can now face a dictator judge in any circuit court in Virginia.
1. 020624 order – PFR denied, 0313-23-3, 0314-23-3, 0317-23-3, B&W_84350926561200.pdf – Petition for rehearing denied, even though it conflicts with Supreme Court of Virginia laws of: Lacava v. Commonwealth, 283 Va. 465, 469 (Va. 2012) and Husske v. Commonwealth, 252 Va. 203, 204 (Va. 1996).
2. 020624 order – PFR en banc denied, 0313-23-3, 0314-23-3, 0317-23-3, B&W.pdf – FULL COURT denied Rehearing. Even though the Supreme Court of Virginia said under it’s precedent LAW, CASE LAW, that a court can allow a motion to extend the time even after the deadline passes for good reason. Being prohibited by your own lawyer to file in your own appeals or face jail time with ineffective counsel is a good reason for delaying the appeals.
3. EMR-letter-2-6-2024.pdf – The judges were so swift and didn’t even provide an electronic copy of the order to the appellant like usual. So Brian quickly had his mother file an emergency letter demanding a pdf copy of the court order. Then those orders were emailed to me. Published so that everyone knows the dirty tricks being pulled right now by both lawyers and judges.
4. Appe-Rehearing1-30-2024.pdf – Petition for rehearing and/or rehearing en banc, timely filed.
5. 011724 record request 0313-23-3_Redacted.pdf – Court of Appeals of Virginia case record, CAV record no. 0313-23-3. Social Security number was redacted.
6. 011724 record request 0314-23-3_Redacted.pdf – Court of Appeals of Virginia case record, CAV record no. 0314-23-3. Social Security number was redacted.
7. 011724 record request 0317-23-3_Redacted.pdf – Court of Appeals of Virginia case record, CAV record no. 0317-23-3. Social Security number was redacted.
Here is an explanation based on the FACTS which can be proven in the court of public opinion.
1. Last year, Judge Greer by and through the Clerk Jeanie Nunn (Clerk of the Circuit Court) charged Appellant Brian David Hill with CRIMINAL CONTEMPT OF COURT for his three NOTICES OF APPEAL. You don’t have to take my word for it, it says in the first page of the charging criminal complaint that Brian Hill said things in his notices of appeal against the judge which would be none other than Judge Greer. That is putting it simple. See the notices of appeal for yourself: 1-Notice-of-Appeal-2-21-2023.pdf; 2-Notice-of-Appeal-2-21-2023.pdf; and 3-Notice-of-Appeal-2-21-2023.pdf. There is a clearly unconstitutional statute under Virginia law. See Va. Code § 18.2-456 (“3. Vile, contemptuous, or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding”). Virginia’s Constitution clearly states that the legislature cannot constitutionally pass any statute into law which abridges the freedom of speech of a citizen of Virginia, an AMERICAN CITIZEN living in Virginia. VA Constitution Says: “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.” The contempt of court charge clearly is retaliation against Brian’s first amendment right to freedom of speech as well as his constitutional right to petition the Court of Appeals for a redress of grievances, and abridges Brian’s freedom of speech. This is unconstitutional retaliation and never should have made it go as far as even a trial on the merits as it chills freedom of speech.
2. At the first hearing, Brian was appointed attorney Fred Dempsey Smith, by Judge Greer nonetheless, and who was appointed as Brian’s defense attorney for his criminal contempt of court charge.
3. Brian had seven pending appeals before the Court of Appeals of Virginia including the three notices of appeal which landed a contempt charge against Brian Hill.
4. Brian had multiple conversations recorded between Brian Hill and Attorney Fred Smith. Some were recorded at his law office and others were recorded by phone conversation. All completely legal under one party consent. See [CORRUPTION] USWGO Brian D. Hill’s New Amended Motion for Delayed Appeal reveals more evidence of Attorney Fred D. Smith manipulating both Asst. Attorney General Justin Hill and Brian; manipulated both sides to END Brian’s appeals – Justice for Brian D. Hill of USWGO Alternative News. Attorney Fred Smith phone conversation with Brian Hill on March 6, 2023: https://justiceforuswgo.nl/PUBLICATION/20230306154652-O-12766382555.wav or https://archive.org/details/20230306154652-o-12766382555. Attorney Fred Smith phone conversation with Roberta Hill on June 22, 2023: https://justiceforuswgo.nl/PUBLICATION/20230622090230-I-2766382555.wav or https://archive.org/details/20230306154652-o-12766382555/20230622090230-I-2766382555.wav. See Attorney Fred Smith Meeting with Brian Hill on October 20, 2023: https://justiceforuswgo.nl/PUBLICATION/Oct20-077885.wav or https://archive.org/details/oct-20-077885. Attorney Fred Smith Meeting with Brian Hill on April 13, 2023: https://justiceforuswgo.nl/PUBLICATION/Apr13-045432.wav. Attorney Fred Smith Meeting with Brian Hill on March 09, 2023: https://justiceforuswgo.nl/PUBLICATION/Mar09-726407.wav or https://archive.org/details/mar-09-726407.
5. Attorney Fred Smith had directed Brian Hill not to file anything in the “state court” including the Court of Appeals of Virginia. All conversation recordings prove that this attorney appointed by Judge Greer had directed his client Brian Hill to not file anything, until the continued contempt hearing on October 23, 2023. Ironically the deadlines for Brian the Appellant to file had passed.
6. Assistant Attorney General Justin Hill had informed the court in the brief of the commonwealth that Brian’s appeal brief was filed untimely because of not filing during the six-month no-filing prohibition of Appellant. Even claimed that Brian believed that he was not allowed to file for six months but there was no evidence or anything in writing (the “agreement”) prohibiting Brian from filing in the Court of Appeals of Virginia. The conversation recordings disprove what Justin Hill had argued to the Court of Appeals of Virginia in their brief of Appellees.
7. Brian immediately started asking for sanctions against Justin Hill for false statements to the Court of Appeals of Virginia (CAV). The Appeals Court ignored that motion and never acted upon it. See this for example: 011724 record request 0313-23-3_Redacted.pdf. The record proves that the CAV never acted upon the motion for sanctions filed by Brian Hill. They love to ignore evidence and they love to ignore their duty. The CAV is in serious trouble here for ignoring motions. Dereliction of duty at best, maybe something more sinister at worst like maybe blackmail or threats or behind the scenes pressure.
8. Brian’s three of seven appeals were dismissed for untimely filing, and the CAV acted as though Brian never filed any brief at all since his filed brief was considered untimely. See article: 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 – Justice for Brian D. Hill of USWGO Alternative News. See 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.
9. Brian filed motions for delayed appeal, and Brian has no confirmation as to whether the CAV denied Brian’s motions as of yet. Brian has no confirmation as to whether the Appellees aka the GOVERNMENT had filed any response in opposition to Brian’s motions for delayed appeal. See 3-AMDMotion1-20-2024.pdf. See Brian’s emergency letter to the Clerk: EMR-letter-2-6-2024.pdf.
10. Brian the Appellant had filed timely petitions for rehearing and/or rehearing en banc based on multiple issues concerning the wrongful dismissal of his three appeals. See Appe-Rehearing1-30-2024.pdf. One of them that he did file a timely motion to extend the time for his appeals on the basis that he may be placed on state probation prohibiting Brian from filing in his appeals and in any state court without the assistance of a lawyer while Brian cannot afford a lawyer. Brian warned the court ahead of time that he would be prohibited from filing in the state court including his appeals. Even the Asst. Attorney General did admit that they would not oppose an extension of time. From the very email filed in Exhibit, the email from Justin Hill would prove that they did not object to an extension of time if presented by Appellant. All of that was cited properly in Brian’s petition for rehearing. Brian did file a timely request to extend the time but was denied by the judges or judge of the CAV. Brian then filed a second request to extend the time as a motion for leave of court. That motion was also denied and the appeals were dismissed. SUCH CORRUPTION!!!!!!
11. Brian had warned the CAV that he had proven the fact that he was prohibited from filing in his appeals due to the contempt of court charge from Judge Greer. He had warned that if his appeals are not revived, then Brian and every appellant would be subject to a judicial dictatorship at every circuit court meaning that any judge can file a contempt of court charge to use as leverage to unconstitutionally prohibit Appellants from participating in their appeals, thus making an appeal useless. Brian had asserted that he has the freedom of speech (PDF FILE: EMERGENCY-Motion-to-Dismiss-Vacate-Bench-Summons.pdf) to accuse Judge Greer of anything as long as he is telling the truth about it. He never threatened the judge, he never yelled fire in a crowded theater. Brian never incited anything criminal in his notices of appeal, and Brian never incited violence. Brian’s speech was clearly protected under the First Amendment of the U.S. Constitution. Recordings do show that attorney Fred Smith threatened that Brian must go Fred’s route or Brian would have to get some other attorney to help him according to what it sounded like in the recorded conversation dated March 9, 2023. So, Brian was ordered or directed by Brian’s attorney Fred to follow what Fred wanted or Brian would have to have another lawyer help him. Brian wasn’t in control of his own lawyer, even though Brian IS THE CLIENT. Brian is supposed to be the ultimate decision maker for his own lawyer. The recorded conversations had shown that Brian’s lawyer was the ultimate decision maker, that Brian’s lawyer was IN CONTROL HERE. Brian’s lawyer Fred Smith was the one who was the boss, the boss of Brian Hill. This clearly violates the standards of practice and ethics.
12. The decision made on February 6, 2024, by the FULL COURT of the Court of Appeals of Virginia had demonstrated that Judge Greer can act as a dictator at his own discretion. This decision can apply to every circuit court judge in the entire STATE of Virginia. If a judge doesn’t like an appeal being filed for a decision he/she had made as a judge in the circuit court of Virginia, then the judge or even his/her assistant or clerk can start digging through all filings and maybe even internet posts to see if anybody criticized that judge for anything. See the example raised by blogger Brian Clark at Patrick County VA Blog – Real News in Patrick County Virginia. Free speech and setting the record straight!. Judge Greer went after this person too with a contempt charge as well for simply filing a motion or request for recusal to the judge because legally he was unable to act impartial and unbiased. Brian Clark had alleged that Judge Greer should have recused himself due to Greer’s financial banking ties to the other party of the civil case. Instead, the judge got angry and charged his critic with contempt of court. However, Judge Greer at that time didn’t go after an appellant for what he said in his notices of appeal. Judge Greer has gone a step further and has targeted a criminal defendant over his notices of appeal. See the criminal contempt of court charge: uswgo_20230227_172612_redacted.pdf. Now the next step of tyranny has happened. Judge Greer has gone after an appellant for his lawfully protected appeals. This claim cannot be disproved with what is on the record here.
13. So now if a judge is angry at a party appealing the judge’s decision, then that judge can simply charge that appellant with criminal contempt of court then appoint a lawyer to have the appeal thrown out for the cause of untimely filing. Like for example, with Judge Greer appointing Fred Smith in Brian’s case. Brian accused Judge Greer of things, and that same judge will be over Brian’s contempt case. How do you think that would go??? See Brian’s complaint filed with the Virginia Indigent Defense Commission. The judge has control over who he/she appoints in the criminal contempt of court charge. The laws are broken, and the Virginia courts are broken.
See the arguments for yourself. This case now affects every Virginian citizen, every American citizen living in Virginia. Your now at risk of a judicial dictatorship since Brian’s three appeals petition failed. Freedom of speech is criminalized and appealing will become criminalized.
This is very dangerous for everybody in Virginia. Regardless of whether you think Brian Hill is guilty or innocent of his state charge on September 21, 2018, this clearly is setting a precedent for Judge Greer or any judge to be a dictator in Virginia, where a judge can knock out a problematic appeal where it could reverse a corrupt judge’s decision in Virginia.
Here are some screenshots below of what Brian said in his notices of appeal which had caused Brian’s contempt of court charge. It is already on record, so it is not a crime to show screenshots of what caused Brian to be charged with criminal contempt here.
SEE THE SCREENSHOTS FROM THE DOCUMENT FOR YOURSELF (This has already been tried in the contempt of court case. This is informational and is nothing new. So don’t charge us with contempt for simply pointing out what Brian argued in his notices of appeal last year, already at issue last year):
You have your proof and facts here. It is now a crime in Virginia to appeal a corrupt judge’s decision, period. Freedom of speech is now criminal contempt of court, and appealing is also a crime if the judge doesn’t like it. So be careful, because now judges in Virginia are dictators under the abuse of the contempt powers set by unconstitutional statute Va. Code § 18.2-456 (“3. Vile, contemptuous, or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding”)
See the articles below:
Brian D. Hill files Petition for Rehearing in Virginia Appeals Court arguing: “a CIRCUIT COURT aka the TRIAL COURT can engage in a DICTATORSHIP.” Constitutional Crisis in Virginia – Justice for Brian D. Hill of USWGO Alternative News
[CORRUPTION] USWGO Brian D. Hill’s New Amended Motion for Delayed Appeal reveals more evidence of Attorney Fred D. Smith manipulating both Asst. Attorney General Justin Hill and Brian; manipulated both sides to END Brian’s appeals – Justice for Brian D. Hill of USWGO Alternative News
(Virginia) Brian D. Hill needs a pro bono Attorney for Legal Malpractice lawsuit against Attorney Fred Smith for sabotaging appeals in criminal contempt of court case; only income is SSI disability – Justice for Brian D. Hill of USWGO Alternative News
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 – Justice for Brian D. Hill of USWGO Alternative News
USWGO Brian D. Hill files request for Sanctions and Inquiry into Justin Hill, Asst. Virginia Attorney General for LYING/DEFRAUDING to the Court of Appeals of Virginia. Appeal reply brief also filed. – Justice for Brian D. Hill of USWGO Alternative News
BREAKING: Court appointed lawyer Fred Smith and/or Corrupt Assistant Attorney General Justin Hill knew Brian couldn’t file for six months in Virginia Court, then lied about it to Virginia Appeals Court to make Brian look like a liar – Justice for Brian D. Hill of USWGO Alternative News
USWGO Alt. News Brian D. Hill files appeal brief in Fraud on the Court Motion in Virginia criminal case; argues Glen Andrew Hall (Andy Hall) the Commonwealth’s Attorney should face Contempt of Court for Unlawful Destruction of Evidence – Justice for Brian D. Hill of USWGO Alternative News