Showing posts with label randall turner. Show all posts
Showing posts with label randall turner. Show all posts

Tuesday, October 10, 2017

Links to legal documents, filings, exhibits, opinions in Mary Cummins case 2015-002259-3 County Court 3 Texas

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Friday, June 9, 2017

Amicus letter filed on my behalf. Case submitted to Appeals Court. Mary Cummins, freedom of speech.

An amicus brief was filed on my behalf. They're not arguments I didn't raise but I'm still thankful. Time will tell if there will be justice in Texas. In the meantime Randy Turner and his client Amanda Lollar keep posting crazy, libelous material about me. I'm not even going to mention the crazy things. Turner is an attorney. He knows full well what he is doing is wrong and libelous.

A.B.

June 6, 2017

Fax 806 342 2650
Clerk, Court of Appeals
Seventh District of Texas
Potter County Courts Building
501 S. Fillmore, Suite 2-A
Amarillo, Texas 79101-2449

RE: Case Number: 07-16-00337-CV, Trial Court Case Number: 2015-002259-3, Cummins v. Lollar

To the Court of Appeals for the Seventh District of Texas:

     I write as a proponent of free speech an amicus curiae to express the following concerns about the motion to dismiss a cause for defamation that is under appeal. I have an interest in libel law and the application of fair procedures for resolving such libel suits.

     I file this amicus curiae using only initials. The last two lawyers who filed amicus curiae in the previous identical case, David Cassellman and Paul Alan Levy of Public Citizen, were harassed and defamed by Plaintiff Ms. Lollar and her lawyer. A woman claiming to be a lawyer from Mr. Turner's office contacted the lawyers to defame Defendant Cummins and demand that their amicus be retracted. The lawyers refused. Thereafter Plaintiff Ms. Lollar and her lawyer harassed these lawyers on the internet on multiple blogs and websites.

     The Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment. A frequently cited 1995 Supreme Court ruling in McIntyre v. Ohio Elections Commission reads, “Anonymity is a shield from the tyranny of the majority. . . It thus exemplifies the purpose behind the Bill of Rights and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.”

Facts and Statements of the Case

     A previous similar case was filed by Plaintiff Ms. Lollar and Bat World Sanctuary against Defendant Cummins in 2010, 352-248169-10. In that case Plaintiff never stated what items they believed were defamatory. Plaintiff never stated that Plaintiff Ms. Lollar suffered any damages or showed proof of any damages or causation. Plaintiff has not had a paying job in over 25 years. Plaintiff did not show the elements of defamation or breach of contract. Plaintiff waited until the last minute of their closing argument to ask the Judge for the first time for an award in the range of four to eight million dollars for Plaintiff Ms. Lollar. Judge Brigham awarded $6,000,000 in defamation damages to Plaintiff Ms. Lollar, $176,000 in legal fees and $10,000 in liquidated damages.

     Defendant Cummins appealed. Two amicus briefs were written on behalf of Defendant by the previously mentioned lawyers. The Appeals court reversed the breach of contract claims, lawyer’s fees and liquidated damages. Through an 18 months long act of legal gymnastics, misquoting the record, making false assumptions, misinterpreting common law that undermined the rule of law the defamation judgment of $6,000,000 remained.

     It should be noticed here that lawyer Mr. Turner has a special relationship with the Justices in the Second Court of Appeals. Mr. Turner has stated many times to the media that he wanted to be the first attorney to find for sentimental value of a dog. Mr. Turner stated it was his main goal for his legal career. In Medlens v Carla Strickland, 02-11-00105-CV, the three Justice panel voted unanimously for the Medlens. They ruled that dogs can have great sentimental and monetary value even though all case law states dogs are considered personal property.
     Strickland, an Animal Control Officer at a public animal shelter, appealed to the Supreme Court of Texas. Many amicus briefs were submitted on behalf of Strickland. Justice Willett who wrote the opinion upheld the 126-year-old precedent maintaining pets as personal property. The Supreme Court was unanimous in its decision overturning the lower Court’s unanimous decision. Justice Willett even stated on the record to lawyer John Cayce who represented Strickland that the case should have been dismissed in the trial court. Cayce who was previously the Chief Justice of the Second Court of Appeals of Texas agreed and stated “my old court got it wrong.” So too did the panel on the previous case here quite possibly because of the same close relationship between Mr. Turner, his wife, also a lawyer, and the Justices of the Second Court of Appeals. For these reasons the Supreme Court of Texas transferred the case from the Second Court of Appeals to the Seventh Court of Appeals of T
 exas.

     In this current case Plaintiff Ms. Lollar filed another complaint for defamation against Defendant Cummins mere days after the Appeals Court released its opinion. It’s just about an exact duplicate of the initial 2010 complaint. The complaint again had no exhibits and did not state what Plaintiff believed was defamatory. It also referenced an alleged contract which the Appeals Court had reversed to try to claim jurisdiction in Tarrant County, Texas.

     Since the previous case was filed Texas has worked to reduce the massive amount of frivolous defamation lawsuits meant to stifle freedom of speech such as this case. The Texas Citizens Participation Act was signed into law on June 17, 2011 to help protect Freedom of Speech. June 14, 2013 Governor Perry also signed into law HB 1759 adopting the Defamation Mitigation Act demonstrating continued support of free speech for all. The bill was passed by more than a two-thirds majority of each chamber and, as a result, it became law on June 14, 2013.

     July 2015 Defendant filed a Motion to Dismiss per the Citizen Participation Act, Defamation Mitigation Act, Statute of Limitations and Lack of Jurisdiction. September 2015 Plaintiff filed a reply to the Motion to Dismiss. Defendant then filed an amended Motion to Dismiss also adding the causes of forgery and perjury as Plaintiff forged their exhibits. Because Defendant has never defamed Plaintiff, Plaintiff had to forge exhibits all conveniently just barely within the statute of limitations. Almost every blog and Twitter account they include as evidence do not exist on the Internet. Plaintiff signed a sworn declaration stating the exhibits were exact copies of the originals which are still located online in their original form. Plaintiff even included three different copies of a forged email from the head of the Federal USDA which amounts to impersonating a Government Official. That emails cleared Plaintiff Ms. Lollar of all violations of the Animal Welfare Act even thou
 gh Ms. L
 ollar lost her USDA permit years earlier because she caused bats “pain, suffering,” “death,” and “violated the Animal Welfare Act.” That forged email and a 2011 real email from the main veterinarian of the USDA are the basis of Ms. Lollar’s current defamation case. Defendant didn’t write either of the years old emails. Ms. Lollar is merely embarrassed by her cruel actions and wants the items removed from the Internet. Plaintiff’s exhibits are not exact copies of the original documents or even any document. This is perjury.

     Plaintiff’s lawyer Mr. Turner knows his client committed forgery and perjury yet Mr. Turner did not notify the Court as he must per Tex. Disciplinary R. Prof. Conduct, 2011 Rule 1.05(g)(h), Rule 1.02(c), “A lawyer shall not assist or counsel a client to engage in conduct that the lawyer knows is criminal or fraudulent.”

     This behavior is also a violation of Rule 3.03(a)(1)(2)(5), “Candor Toward the Tribunal; (a) A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal; (2) fail to disclose a fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act; (5) offer or use evidence that the lawyer knows to be false;(b) If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall make a good faith effort to persuade the client to authorize the lawyer to correct or withdraw the false evidence. If such efforts are unsuccessful, the lawyer shall take reasonable remedial measures, including disclosure of the true facts.”

     For these reasons Plaintiff Ms. Lollar should be prosecuted. Plaintiff’s lawyer Mr. Turner should be prosecuted and disciplined by the State Bar of Texas.

The Court Order Should Be Reversed Under the Doctrine of Unclean Hands.

     Because Plaintiff forged the exhibits and committed perjury in a sworn statement, Plaintiff has unclean hands. The defense of “unclean hands,” which bars equitable relief when the Plaintiff “has engaged in unlawful or inequitable conduct with regard to the issue in dispute” and such conduct has injured the Defendant, See In re Francis, 186 S.W.3d 534, 551 (Tex 2006) (Wainwright, dissenting) (citing Right to Life Advocates, Inc. v. Aaron Women's Clinic, 737 S.W.2d 564, 571–72 (Tex. App.-Houston [14th Dist.] 1987, writ denied) and Grohn v. Marquardt, 657 S.W.2d 851, 855 (Tex. App. San Antonio 1983, writ ref'd)); see also Truly v. Austin, 744 S.W.2d 934, 938 (Tex. 1988) (“It is well-settled that a party seeking an equitable remedy must do equity and come to court with clean hands.”).

     Plaintiff Ms. Lollar does not come with clean hands. The fact that Ms. Lollar had to forge defamatory exhibits against herself shows that there is no real evidence of defamation to be found. There is no need to even argue defamation at this point even though Defendant Ms. Cummins does argue defamation in appeal.

Conclusion

     For these reasons, the Court should reverse the court order and dismiss the underlying trial case. Furthermore the Court should refer Plaintiff Ms. Lollar for prosecution and Plaintiff’s lawyer Mr. Turner for prosecution and discipline by the State Bar of Texas.

Respectfully yours,


______XX__________________
A.B.

cc: Randall Turner, Esquire, Fax 817 887 5717
    Mary Cummins, Pro Se, Fax 310 494 9395

https://drive.google.com/file/d/0BxE8KfVPjYF4RFV6YmRkc0lEWHM/view?usp=sharing

Mary Cummins vs Amanda Lollar, Mary Cummins, Amanda Lollar, Bat World, Bat World Sanctuary, Randy Turner, Randall Turner, Randall E Turner, Randall Eugene Turner, attorney, lawyer, fort worth, texas, tarrant county, second court of appeals, 352-248169-10, 352nd District Court, Judge Bonnie Sudderth, Justice Bonnie Sudderth, Judge William Brigham, Justice William Brigham, 2015-002259-2, 2015-002259-3, 02-12-00285-CV, 02-16-00165-CV, county court 3, Judge Mike Hrabal, Mike Hrabal, Judge Jennifer Rymell, Jennifer Rymell, defamation, libel, slander, breach of contract, forgery, fraud, perjury, disbar, unethical, unprofessional, inappropriate
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Friday, October 14, 2016

Randy Turner Fort Worth, Texas attorney lawyer continues on his downward spiral


Below is the result of an independent robot which monitors Randy Turner's business website randyturner.com specifically this page if you remove the spaces http://www.randy turner.co m/index.php/ra ndys-cyber-stal ker Almost every single night Randy Turner edits this 38 page long rambling defamatory rant about me. Almost every word is linked to some photo or document. Most of what he's written is false.

This is evidence that Randy Turner has some sort of mental degeneration. Randy Turner has been doing this for a few years straight almost every single night. Randy Turner needs some help. His wife Patti needs to get him to a doctor. His judgment gets worse and worse every day. Randy Turner updated this page immediately after I got one of the other nasty blogs removed. 
I think maybe Randy Turner is having some marital issues. For some reason Patti's relatives are saying that Patti and Randy are good friends. WTH does that mean? Of course a married couple will be good friends. Did they divorce? Did they finally become friends again after a fight or something? Patti needs to get this man to a doctor even if she has to force him into a 72 hr hold. I showed the police this page and they said the writer has major mental issues. What 61 year old man talks about the size of a woman's breasts when she was 11? Randy Turner.

View changes:  2016-10-13 20:18    49 new words, 27 deleted words, <1% change   
... on the internet. Witness after witness testified about AmandaMary Cummins’s lovecynical belief that she could ... supreme court justice with compliments, devotion flirtatious obsequiousness, and compassion toward animals a photograph of herself when ... writing a book about corruption and totally disproved each and every ... Mary Cummins had spread across cronyism in the internet. Texas courts.” ...    more...


View changes:  2016-10-12 20:19    28 new words, 32 deleted words, <1% change   
... on the internet. Witness after witness testified about Amanda’s love, devotion and compassion toward animals and totally disproved each and every hideous lie that Mary Cummins has even been known to spend weeks at had spread across the courthouse, stalking a trial in which one of her victims was a witness and then reporting” on his use of the bathroominternet. © Randy Turner   

View changes:  2016-10-11 08:07    29 new words, 47 deleted words, <1% change   
... on the internet. This is indeed ironic coming from Mary Cummins has even been known to spend weeks at the courthouse, stalking a woman who stalks trial in which one of her victims’ emails (see Stalking” paragraph below ... blogs attacking them, sues them, and was ordered by acourt to pay $6 million for egregious witness and maliciousthen reporting” defamation.) on his use of the bathroom. © Randy Turner ...   more...

View changes:  2016-10-08 09:00    50 new words, 20 deleted words, <1% change   
... on the internet. Mary Cummins uses technology to secretly track This is indeed ironic coming from a woman who stalks her victims’ locationsemails (see Stalking” paragraph below), files police ... , creates countless blogs attacking them, sues them, and identify the computers they are using when they read their emails. was ordered by a court to pay $6 million for egregious and malicious” defamation.) ...    more...

View changes:  2016-10-06 08:35    18 new words, 56 deleted words, <1% change   
... on the internet. However, her fake page does ... business or company, owes millions Mary Cummins uses technology to one of secretly trackher victims for egregious, intentional, ’ locations and malicious” defamation, and secretly stalks other people’s identify the computers they are using when they read their emails. © Randy    more...

When you search for Randy Turner you see his crazy, defamatory ihatemary page he added to his business website. This means that everyone who searches for him sees his ihatemary page. Who would want to do business with someone who makes a page like that. No one.

Notice he now offers mediation. Randy Turner is the last person who should mediate. He blew up in his own mediation in this case. Judge told us to sit down and come to terms. I agreed. Then Randy Turner said he would only agree to remove his ihatemary pages if I removed every negative website, blog, page written about him made by other people. I told him it's physically impossible for me to remove other people's websites. Then he quickly stood up, his face red, vein popping out on his forehead and he yelled "then no deal!" and almost ran out of the 352nd District courtroom. Randy Turner should never be a mediator.


RandyTurner.com Randy Turner Fort Worth Texas attorney lawyer website mediation about personal injury contact us experience cyberstalker

Mary Cummins vs Amanda Lollar, Mary Cummins, Amanda Lollar, Bat World, Bat World Sanctuary, Randy Turner, Randall Turner, Randall E Turner, Randall Eugene Turner, attorney, lawyer, fort worth, texas, tarrant county, second court of appeals, 352-248169-10, 352nd District Court, Judge Bonnie Sudderth, Justice Bonnie Sudderth, Judge William Brigham, Justice William Brigham, 2015-002259-2, 2015-002259-3, 02-12-00285-CV, 02-16-00165-CV, county court 3, Judge Mike Hrabal, Mike Hrabal, Judge Jennifer Rymell, Jennifer Rymell, defamation, libel, slander, breach of contract, forgery, fraud, perjury, disbar, unethical, unprofessional, inappropriate
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Wednesday, July 20, 2016

Won the appeal of the contests to indigence

UPDATE: I just noticed they changed the docket format in county court 3. There were only one line entries previously. The now opened them into two line entries so you can see what was filed. I now see the court reporter filed something. Why didn't I ever get a copy? They have to file and serve via eFileTexas.gov It doesn't cost anything and saves paper and postage. The court reporter did not send me her contest. I have to get a copy. Thank god I replied to "contests." I thought there were two. I didn't realize there were three. Just like in 10/2012.

Below is a representation of the change in docket.


________________________________

Finally had the time to read the order more thoroughly. It seems the Court Reporter also filed a contest June 20, 2016. She never requested for it to be heard. It was never heard. It was also never served on me. I was not given notice. I never even got a copy. How can these people be so openly corrupt? I will continue to post all the documents and information on this case so people can see this corruption first hand. I now have to pray for a just panel of Justices. I already requested that Justice Sudderth, Justice Lee Ann Dauphinot not serve on the panel. Justice Meier, Justice Gabriel also cannot be on the panel. There will be three Justices on the panel. I assume they must be Justices Walker, Gardner and Livingston. I see they teach at the same schools, are on the same panels, commissions, bars ... as Randy Turner and his wife. I have to hope they will value the law and justice over personal friendships.
_____________________________

The Appeals Court agreed with my argument that the contests were not heard timely and are therefore overruled. That's the law.

Amazing Judge Mike Hrabal knew that I was in the right yet still ruled against me. He knowingly ruled against the law and evidence. It was his own court reporter who made the blunder about the hearing date. I should be thankful. That's probably why court reporters should not try to fill in for court coordinators. They don't know when hearings have to be set. I was shocked when she emailed and said she wanted to change the date. Then she instantly emailed back desperately begging to change it again. Too late.

It's just so shocking that a Judge who swore an oath to uphold the law would work so hard to deprive me of a fair hearing and justice. The corruption in Texas is beyond mind boggling. If these people don't want to uphold the law, they should get another job.

Texas attorney Randy Turner again using his connections to get Judges, court reporters, court coordinators and the DA to do his bidding. Who in their right mind would blindly do what Turner tells them to do? It's only gotten Judges, court reporters in trouble.

Mary Cummins vs Amanda Lollar, Mary Cummins, Amanda Lollar, Bat World, Bat World Sanctuary, Randy Turner, Randall Turner, Randall E Turner, Randall Eugene Turner, attorney, lawyer, fort worth, texas, tarrant county, second court of appeals, 352-248169-10, 352nd District Court, Judge Bonnie Sudderth, Justice Bonnie Sudderth, Judge William Brigham, Justice William Brigham, 2015-002259-2, 2015-002259-3, 02-12-00285-CV, 02-16-00165-CV, county court 3, Judge Mike Hrabal, Mike Hrabal, Judge Jennifer Rymell, Jennifer Rymell, defamation, libel, slander, breach of contract, forgery, fraud, perjury, disbar, unethical, unprofessional, inappropriate
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Tuesday, July 12, 2016

Yesterday was hearing for contests to indigence. Judge Mike Hrabal ruled ... I have no idea how he ruled

UPDATE: July 15, 2016:  I just got the court reporter's record. THANK GOD I AUDIO RECORDED THE HEARING! The court reporter cut out what I said. She said in the transcript she couldn't hear me. No one there said that in the audio. How do these people sleep at night doing such unethical, criminal things?

Here is the transcript which is clearly missing my testimony. Shari Steen, Shari Jan Steen (CSR # 4954) NEVER said she couldn't hear me. She never asked me to repeat anything. She knew I audio recorded the hearing yet was still willing to make this false transcription.

http://marycummins.com/transcript%2007112016.pdf

And here's what actually was said.

http://marycummins.com/hearing%20texas%2007112016.mp3

Here is from my email where I tell them I must audio record the hearing. I gave legal notice.

"From: Mary Cummins [mailto:@gmail.com]
Sent: Friday, July 08, 2016 11:03 AM
To: Carla Phelps; Shari J. Steen
Subject: Is there still hearing 7/11 1:00 pm for case 2015-002259-3?

Will there still be a hearing 7/11/16 1:00 pm for indigence, motion telephonic appearance? My indigence was affirmed as no order on contests was made within the allotted time period, see attached. If there is still a hearing, I will be appearing by phone. I am again requesting a court reporter. I will have to audio record the hearing as the court reporter has refused to give me the transcripts. The reporter also audio records the hearings. All parties have already agreed to that. My indigence has now been affirmed in the trial and appeals court for this case. Thanks."

The corruption is unbelievable. And all for what? Just because they want to remove government documents and a video which prove Amanda Lollar committed animal cruelty, violated the Animal Welfare Act and lost her permit.

http://www.marycummins.com/amanda_lollar_bat_world_sactuary_usda_cancelled.pdf

________________________________

The corruption continues. I gave notice that I'd audio record the hearing. I will post it later today and send it to the courts and parties.

I filed a notice to include this in the file. I gave notice the hearing would be recorded. Here is the 5:31 audio mp3. The court reporter also made an audio recording.

http://marycummins.com/hearing%20texas%2007112016.mp3

I have no idea what Judge Mike Hrabal ruled. In court he said "I have no jurisdiction as this affidavit is not notarized. I can't rule." Then Randy Turner handed him an order to sign. I was not allowed to see the order before it was signed. I was not given a chance to object. I have no idea what it says. The docket states as follows,

07/11/2016 Pauper's Contest  (1:00 PM) (Judicial Officer Hrabal, Mike)
Result: Held
07/11/2016 Order       Doc ID# 67
07/11/2016 Appeal - Electronic Confirmation of Notice of Appeal       Doc ID# 68
07/11/2016 Record - Other
07/11/2016 Notice of Appeal       Doc ID# 69

The person representing the clerk sounded embarrassed to even make her non argument. She said "I would need information in order to reply." She has the affidavit. She has the information. I don't yet know if she's complicit in this unethical treatment so I'll refrain from commenting.

Judge Hrabal seemed confused as to how to respond. I know they had ex-parte communications again without me present before the hearing. They did that at the previous ridiculous hearing as well. They confer to try to figure out a way for me to lose even though the evidence and law proves I'm in the right.

Why in the world are these lawyers, Judges doing whatever Randy Turner says? Based on his court history, behavior, filing motion to strike his own witness, inappropriate behavior with me, motion abuse, forgery, fraud and perjury they should not be doing what he says.

Who in their right mind can read Randy Turner's business website where he has his ihatemary page and think he is sane? A licensed Texas attorney should not be posting bizarre false things about a case where he is representing a party. He definitely should not be talking about the size of my breasts when I was 11. There is something very wrong with Randy Turner.

http://web.archive.org/web/20141222203948/http://www.randyturner.com/index.php/randys-cyber-stalker

This was basically the same thing that happened in the last case. I appealed the denial of the oral ruling.

I just received notice from Second Court of Appeals that I appealed the denial of indigence. The trial court must give the appeals court and me a copy of the transcript for review. I'm pretty sure the appeals court must rule for me. This was even more corrupt that the first time I was denied in 2012.

http://www.search.txcourts.gov/Case.aspx?cn=02-16-00165-CV&coa=coa02

The order was just posted online at the link. Here is a jpg of it. Randy Turner wrote it and the Judge signed it. In court Judge Hrabal said he had no jurisdiction to rule. After the hearing is over he signed this.

Judge Mike Hrabal, order, Randy Turner, Randall Turner


Mary Cummins vs Amanda Lollar, Mary Cummins, Amanda Lollar, Bat World, Bat World Sanctuary, Randy Turner, Randall Turner, Randall E Turner, Randall Eugene Turner, attorney, lawyer, fort worth, texas, tarrant county, second court of appeals, 352-248169-10, 352nd District Court, Judge Bonnie Sudderth, Justice Bonnie Sudderth, Judge William Brigham, Justice William Brigham, 2015-002259-2, 2015-002259-3, 02-12-00285-CV, 02-16-00165-CV, county court 3, Judge Mike Hrabal, Mike Hrabal, Judge Jennifer Rymell, Jennifer Rymell, defamation, libel, slander, breach of contract, forgery, fraud, perjury, disbar, unethical, unprofessional, inappropriate
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Friday, June 17, 2016

Amended notice of appeal Mary Cummins v Amanda Lollar 2015-002259-3, 02-16-00165-CV

Appeal No. 02-16-00165-CV
County Court Case No. 2015-002259-3


AMANDA LOLLAR,
                         Plaintiff,
            vs.
MARY CUMMINS,
                         Defendant Pro se

COUNTY COURT 3



TARRANT COUNTY, TEXAS
DEFENDANT’S AMENDED NOTICE OF APPEAL

    Defendant, Mary Cummins, files this amended notice of appeal per the Second Court of Appeal’s June 7, 2016 letter. Defendant, Mary Cummins desires to appeal from the oral order by the Court on May 17, 2016 to the Second District Court of Appeals of Texas. The oral order was a denial of the motion to dismiss. As of today Judge Mike Hrabal who presides over Tarrant County Court 3 refuses to write, sign, file an order on Motion to Dismiss[1] per Defamation Mitigation Act, Citizen Participation Act, Forgery, Fraud, Perjury, Lack of Jurisdiction and Statute of Limitations (Exhibit 1, Docket).
     The current case is 2015-002259-3. It was originally filed as 2015-002259-2 until Judge Jennifer Rymell voluntarily recused herself after hearing the Motion to Dismiss[2] and refusing to rule. Judge Mike Hrabal was then assigned the case by Judge Evans.
     The current case is copy/paste the 352-248169-10 case including claims which were reversed on appeal. This case was instantly filed after this court released their opinion in case 12-02-00185-CV April 2015. Randy Turner even included all of the reversed claims including the breach of contract claim. This was intentional to try to make the forum be Tarrant County, Texas per the void contract instead of California court which is the proper jurisdiction and venue. Plaintiff has repeatedly stated that Defendant allegedly defamed Plaintiff only while in California. Defendant has never defamed Plaintiff.
     In the original case Plaintiffs did not show elements of defamation or even state which items they felt were defamatory. Second Court of Appeals ruled that “defamation is assumed.” They also ruled that Defendant should have filed a rare motion to force Plaintiffs to identify the defamatory items. The alleged defamatory items were never identified in the trial or appeals court. The word “defamation” is not in that trial court order. A list of the allegedly defamatory comments was never made.
     The Defamation Mitigation Act and Citizen Participation Act both passed after Defendant was originally sued because of cases identical to Defendant’s. Plaintiff now had to specifically identify the alleged defamation, send a cease and desist letter then send proof that the items are indeed defamatory. Plaintiff failed to do these things before filing the current case.
     Because Defendant never defamed Plaintiff there was no evidence of defamation. Plaintiff Amanda Lollar and Randy Turner then forged the evidence in this case. Lollar added defamatory comments within the statute of limitations period and signed Defendant’s name to the anonymous public posts. The actual public articles with comments do not have a comment made by anyone on that date and time. There are no comments by Defendant. All of the exhibits were forged in the same manner. Here is but one of the forged exhibits. They were all exactly like this. Amanda Lollar's forged Exhibit 5[3]. The actual Exhibit 5 in my brief[4]. The actual Exhibit 5 online[5]. This is an Internet defamation case. The exhibits must be viewed online to compensate for viewer’s individual browser differences. There is no comment by “Mary Cummins” or anyone on that date, time. All entries in that website are anonymous.
     Plaintiff Amanda Lollar also forged an email from the head of the USDA clearing her of all wrong doing. In actuality the USDA sent an email stating Lollar was investigated and found guilty of causing “bats pain, suffering and death” and Lollar “violated the Animal Welfare Act” (Exhibit 3). The definition of “animal cruelty” is “pain, suffering and death.” Lollar’s USDA permit was then cancelled. The forged emails are dated two years after Lollar lost her USDA permit. There are actually three different versions of the forgery made and posted by Lollar which Defendant included in the Motion to Dismiss[6]. One forgery was included in the complaint in this case. Freedom of Information Act responses prove that no such email exists. The USDA would not clear someone of wrong doing two years after finding them guilty of wrong doing and cancelling their permit. In this current case Plaintiff argues that the 2011 email in Exhibit 3 written by Dr Laurie Gage of the USDA in Colorado is Defendant’s defamation. The claim and argument is beyond bizarre. Defendant believes Plaintiff’s attorney Randy Turner is not fit to practice law. Previously Turner filed a motion to strike his own expert. In the motion Turner viciously trashes his own expert not realizing it’s his own expert[7]. Defendant told Turner that it was his own expert. Turner still set the motion for a hearing.
     As Plaintiff Lollar and attorney Turner both wrote and signed sworn affidavits and motions stating the exhibits, USDA email were authentic, they committed perjury. Randy Turner needs to be disbarred. Both Turner and Lollar should be charged with forgery, fraud and perjury. Defendant requests that this court forward this document to authorities and the State Bar so action may be taken.
     In this case not only has Defendant never defamed Plaintiff but Plaintiff Lollar and her attorney Randy Turner have defamed Defendant. Plaintiff’s attorney Randy Turner has a 35 pg singled spaced ihatemary page in his business website[8] independently confirmed by the Internet Archive Wayback Machine. Turner talks about the size of Defendant’s breasts when she was 11 years old in this site. Turner also falsely states that Defendant sued her grandmother, the bishop, is wanted by the law, has committed crimes… all completely false.
     Plaintiff Lollar has over 400 blogs devoted to defaming Defendant. Those blogs also talk about Defendant’s “breasts,” “ass,” “vagina,” “vomit,” “poop” and include child pornography using Defendant’s face. Here is but one post[9] certified by the Internet Archive Wayback Machine. Defendant was forced to file police reports with the Fort Worth Police Department. The FWPD actually identified the child pornography, not Defendant.
     Defendant requests that Justice Bonnie Sudderth not be on the panel for this appeal. Justice Sudderth was the sitting judge for the previous identical case and is biased. Justice Sudderth requested two vacations for one specific injunction hearing and the trial. Both times then Judge Bonnie Sudderth specifically requested Judge William Brigham to oversee the proceedings. Plaintiff’s attorney Randy Turner bragged to Defendant in court “I’ve known this judge for years. He’ll sign anything I put in front of him.” Defendant witnessed Judge William Brigham sign an order written by Plaintiff’s attorney Randy Turner without even reading it. Judge William Brigham did sign every order written by Randy Turner without edits. Randy Turner even sent the final court order to Judge Brigham’s personal residence. Judge Brigham never even signed an oath of office after the assignments or before the hearing and trial. The judgment in the original case is therefore void. Justice Bonnie Sudderth and 84 year old retired Judge William Brigham clearly “gamed the system”[10] using their positions to help their friend Randy Turner.
     Plaintiff’s attorney Randy Turner also mentions Justice Bonnie Sudderth personally in Plaintiff’s reply to motion to dismiss. Turner mentions a website SudderthCoverup[11] written years before Defendant ever went to Texas and tries to insinuate that Defendant is involved in the website. That is false. The website most likely written by one of the prosecuting attorneys also has nothing to do with this case. The website is about Justice Bonnie Sudderth using her position as Judge to speak as a character witness for her brother Sky Sudderth in his criminal case for alleged child rape in 2007.
     Defendant requests that the Justices on the panel for appeal of the identical previous case 12-02-00285-CV[12] i.e. Justice Lee Ann Dauphinot, Justice Bill Meier, Justice Lee Gabriel, not be on the panel for this appeal as they are biased.
     The Justices took 18 months to write an approximately 80 page opinion stating that Defendant defamed Plaintiff with malice when Defendant has NEVER defamed Plaintiff. Plaintiffs in that case NEVER stated what they felt was allegedly defamatory. Justice Dauphinot stated that indigent out of state pro se Defendant should have known to write a rare legal demand to request a list of the defamatory statements. Justice Dauphinot then stated “defamation is assumed” and “doesn’t have to be proven.” Justice Dauphinot repeatedly misquoted the record even adding items which were never in any legal filing. Justice Dauphinot even personally attacked Defendant in the opinion. Justice Dauphinot mentions the amicus briefs[13],[14] filed by Paul Alan Levy of Public Citizen who has been a freedom of speech lawyer for over 40 years and David Casselman of Cambodia Wildlife Sanctuary and ElephantsinCrisis.org then Justice Dauphinot dismissed them. The amicus briefs supported Defendant’s own arguments.
     Justice Lee Ann Dauphinot stated in the opinion in that case that Defendant did not argue damages in the case. Plaintiff Lollar in the trial admitted Lollar had no proof of any damages or causation by Defendant. There were no damages to argue! Pro se defendant was never advised of defendant’s right to object to the Facts & Findings, Conclusions of Law which were written by Plaintiff’s attorney Randy Turner and signed by Judge William Brigham unedited. Not objecting did not mean Defendant agreed with the Facts & Findings, Conclusion of law. Of course Defendant would never agree to a $6,176,000 judgement when there was not a penny of actual loss or damages, Defendant never defamed Plaintiff and Defendant is penniless.
     After the opinion was released Plaintiff’s attorney Randy Turner continued to brag about his close relationships with the Judges and Justices in the case. Randy Turner and his wife Patti Gearhart-Turner have been lawyers in Fort Worth, Texas for over 30 years. They are on many panels, boards, committees with these same Judges and Justices in this case and the previous one. Randy Turner in his business websites brags about his communications with the Justices.
     In the previous case UCLA freedom of speech lawyer professor Eugene Volokh even wrote an article about the opinion[15] stating the opinion was clearly in the wrong in regard to protection for media defendants. Defendant was and still is media. In the previous case Plaintiff Lollar bragged in court many times that Lollar was a public figure in regard to bats and non-profits. Justice Dauphinot merely stated Lollar was not a public figure, Defendant is not media so defamation would not have to be proven. Justice Dauphinot even stated Defendant never stated Defendant was indigent until after the trial. That is completely false. For Justice Dauphinot to affirm $3,000,000 in compensatory damages and $3,000,000 in exemplary damages when there were no damages whatsoever and Defendant had a negative net worth is beyond surreal. As the claim was allegedly with malice this is an unjust life long financial death sentence for Defendant.
     In Plaintiff’s reply to motion to dismiss Plaintiff’s attorney Randy Turner for no reason includes information about Justice Lee Ann Dauphinot’s son’s criminal record stating it’s not really his criminal record. Defendant believes Turner did this to further defame Defendant to the Judges and Justices in this case. Randy Turner has been having ex-parte communications with the Judges, Justices in this case. For this reason Justice Dauphinot should not be on the panel in this appeal.
     For all these reasons the new case must be dismissed. The older identical case must also be reversed as Plaintiff’s have unclean hands as they forged the evidence, committed fraud and perjury. Defendant must appeal the Motion to Dismiss which was denied by Judge Mike Hrabal in County Court 3. This  notice of appeal is filed in County Court 3 and the Second Court of Appeals of Texas. Defendant requests a stay in the case on appeal.

           
                                                                           ________________________________
Mary Cummins, Defendant Pro se
                                                                                  




[1] Mary Cummins’ Motion to Dismiss per Defamation Mitigation Act, Citizen Participation Act, Forgery, Perjury, Fraud, Lack of Jurisdiction, Statute of Limitations (minus filed exhibits) http://animaladvocates.us/DEFENDANT_motion_dismiss.pdf
[2] Mary Cummins Motion to Dismiss w/o Exhibits http://animaladvocates.us/DEFENDANT_motion_dismiss.pdf
[3] Plaintiff Lollar’s Exhibit 5 http://animaladvocates.us/exhibit%205.pdf
[6] Three USDA emails forged by Lollar http://animaladvocates.us/usda_email_forgery_proof.pdf
[7] Randy Turner files Motion to Strike his own Expert http://animaladvocates.us/batWorldLawsuit/motion_strike_expert.pdf
[12] Mary Cummins v Amanda Lollar, Bat World Sanctuary 12-02-00285-CV http://www.search.txcourts.gov/Case.aspx?cn=02-12-00285-CV&coa=coa02
[13] Paul Alan Levy, Public Citizen, amicus brief http://www.animaladvocates.us/cummins_amicus_brief.pdf
[14] David Casselman, ElephantsinCrisis.org, Cambodia Wildlife Sanctuary http://www.animaladvocates.us/mary_cummins_v_bat_world_sanctuary_amicus_letter.pdf
[15] Eugene Volokh, Washington Post, ‘Nonmedia’ speakers don’t get full First Amendment protection, rules a Texas Court of Appeals panel https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/04/20/nonmedia-speakers-dont-get-full-first-amendment-protection-rules-the-texas-court-of-appeals/

                                                                      
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