Author: Stanley Bolten
Note: If you are a lawyer or legal organization, and you wish to file an amicus curiae with the Supreme Court of Virginia. If so, then please do so as soon as possible to support this appeal otherwise Virginia will allow judicial dictatorships where a single judge can stop an appeal by charging the appellant with criminal contempt of court which is abuse of the contempt power which violates both freedom of speech and a right to petition the government for a redress of grievances. See article: ALERT! FULL Virginia Appeals COURT ALLOWS a single judge to be a DICTATOR who can target appellants with unconstitutional CONTEMPT CHARGES to have Appeals THROWN OUT by USAGE OF LAWYERS APPOINTED by the same judge. This is a serious case. The abuse of the contempt powers to permanently criminalize freedom of speech and appeals will amount to a judicial dictatorship.
Brian D. Hill, formerly of USWGO Alternative News has filed an appeal with the Supreme Court of Virginia (SCV) begging them to undo the decision by the Court of Appeals of Virginia (CAV) enabling a JUDICIAL DICTATORSHIP in every circuit court of the Commonwealth/State of Virginia. The judicial dictatorship happens when a single judge of a circuit court in Virginia no longer has to worry about any constitutional or legal restraints on his/her power. According to Wikipedia’s definition: “A dictatorship is an autocratic form of government which is characterized by a leader, or a group of leaders, who hold governmental powers with few to no limitations.” The appeals court in Virginia is allowing a judge to retaliate against an appellant for what appellant preserved as additional issues for the appeal to have a better chance at succeeding on constitutional issues. If a judge can freely charge an appellant with criminal contempt of court, then appoint a lawyer with possibly the sole purpose of causing the appeals to fail in exchange to make the contempt charge go away, then the judge has the ultimate power to make any problematic appeal go away. It’s easy for a tyrant. Just charge your critic with criminal contempt of court under Va. Code § 18.2-456(A)(3) (“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”). Then appoint this criminal defendant (appellant) a lawyer who can and will ask the client to give up on the appeals or be prohibited from filing in the appeals. Then that makes the appeals be dismissed for untimely filing, then the judge gets exactly what he/she wants. No more accountability.
If this is allowed without protest, then theoretically a judge can order the death penalty for you, even for a charge of an infraction or misdemeanor, and even when it is not the law. This could happen now because then you appeal the death sentence as unlawful and over the top, then the judge can charge you with criminal contempt of court so your given the choice between being charged with contempt over and over again with a jail term for each alleged violation, or accept being put to death by the court, and any court in Virginia could start this. This is the kind of slippery slope we are heading for in the State of Virginia. Appealing equals criminal contempt of court. This wasn’t just done to Brian D. Hill, this was done to Brian Clark who had dealt with a weird banking problem where he had to file a lawsuit. That while the judge and somebody in the judge’s family happened to be associated with the very banking institution at issue in the lawsuit. Brian Clark had asked for the recusal of the judge and then he faced a contempt of court charge as retaliation by the judge for simply asking for recusal. Except what happened to Brian Clark wasn’t as bad as what has happened now. Now a judge can go after appellants appealing a criminal case. That violates the due process clause of law guaranteed to every American citizen. 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. ”). The decision to allow a judicial dictatorship contradicts the constitutional protections under the due process clause.
See the filings for yourself:
1. PetAppeal-2-27-2024.pdf – Petition for appeal of Brian Hill.
2. 2proof-service2-27-2024.pdf – Second proof of service to comply with rules of court.
3. proof-service2-27-2024.pdf – Proof of service to comply with rules of court. Appears to have been rushed. Brian wanted his family to file this quickly.
4. NoticeAppeal2-27-2024.pdf – Notice of Appeal
5. VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia, City of Martinsville has been reviewed and accepted.pdf – Filing was reviewed and accepted by the Clerk of the Virginia Supreme Court.
6. 022624 record request 0313-23-3_Redacted.pdf – CAV Case no. 0313-23-3. Record is needed to understand the Petition for appeal (PetAppeal-2-27-2024.pdf).
7. 022624 record request 0314-23-3_Redacted.pdf – CAV Case no. 0314-23-3. Record is needed to understand the Petition for appeal (PetAppeal-2-27-2024.pdf).
8. 022624 record request 0317-23-3_Redacted.pdf – CAV Case no. 0317-23-3. Record is needed to understand the Petition for appeal (PetAppeal-2-27-2024.pdf).
9. LETTER-2-29-2024.pdf – Letter to Clerk about the important issues of the Petition for Appeal needing to stay open to address the issue of a judicial dictatorship even if the motion for delayed appeal is granted. – ADDED ON FEBRUARY 29, 2024.
10. proof-of-service2-29-2024.pdf – Proof of Service on Attorney General of Virginia. – ADDED ON FEBRUARY 29, 2024.
11. Digital Records System – Print1.pdf – Filing with VACES confirmation. Confirms filing with the Supreme Court of Virginia. VACES is the virtual clerk’s official available between 7:00 AM and 12:00 AM midnight. – ADDED ON FEBRUARY 29, 2024.
The secret audio recordings were made public proving that Attorney Fred Dempsey Smith had ordered or demanded his client Brian David Hill not to file anything in the “state court” for six months which had automatically caused his appeals to be dismissed as the Court of Appeals had deemed the filed brief as filed untimely. Brian had filed a complaint against his lawyer but was dismissed as unfounded while the attorney who is the Standards of Practice Enforcement Attorney (SOPEA) had ignored the five secret audio recordings by only focusing on one recording as stating reasons for the dismissal. Brian argued that the SOPEA lawyer had engaged in psychological gaslighting when dismissing Brian’s complaint.
1. 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
2. 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
3. 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
4. Attorney Fred Smith Meeting with Brian Hill on April 13, 2023: https://justiceforuswgo.nl/PUBLICATION/Apr13-045432.wav
Split audio to exact statements of six month no filing period on meeting of April 13, 2023: https://justiceforuswgo.nl/PUBLICATION/Apr13-045432-no-filing.wav or https://archive.org/details/apr-13-045432-no-filing
5. 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
Split audio to exact statements of six month no filing period on meeting of March 09, 2023: https://justiceforuswgo.nl/PUBLICATION/Mar09-726407-no-filing.wav
See the arguments made in the petition for appeal.
Brian had produced a video which had claimed that he believe he is being targeted aka bumped by the Central Intelligence Agency (CIA) and any other U.S. Intelligence Agencies.