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

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

Wednesday, July 6, 2016

Corruption in case 2015-002259-3 continues. Even Court Reporter trying to deny me a fair hearing

Filed in County Court 3 and Second Court of Appeals of Texas. In Texas some lawyers and Judges are so corrupt that they brag about how corrupt they and the Judges are while standing in the courtroom. Plaintiff's attorney Randy Turner told me "I've known this Judge for years. He'll sign anything I put in front of him." The retired, visiting Judge signed every order Randy Turner wrote including the Facts & Findings without even reading or editing.

Mary Cummins
645 W 9th St #110-140
Los Angeles, CA 90015
Direct: (310) **7-4770
m****@aol.com






July 6, 2016


Per eFileTexas.gov
Plaintiff’s Attorney Randy Turner
Shari Steen Court Reporter
Tarrant County Clerk
Judge Mike Hrabal
County Court 3
100 E. Weatherford St, Room 290A
Fort Worth, TX, 76196-0240

RE: Request for Court Record, Transcripts Amanda Lollar vs Mary Cummins, 2015-002259-3, Mary Cummins v Amanda Lollar appeal 02-00185-CV.

I am officially requesting the entire court record for case 2015-002259-2, 2015-002259-3 for my appeal. I am also requesting that the court record for case 352-248169-10 and appeal 02-12-00285-CV[1] be included in the court record. The reason is that case 2015-002259-2, 2015-002259-3 is an identical copy/paste of case 352-248169-10. These records were referred to and incorporated in my motion to dismiss. The court does not need to recreate the 352-248169-10, 02-12-00285-CV court records. I still have my copy and so does Plaintiff as they posted it on the Internet after the 2012 trial.

I filed an affidavit of indigence in case 2015-002259-2, 2015-002259-3[2] January 6, 2016. Plaintiff filed a contest. It was set and reset for hearing February 16, 2016. At the time of hearing Plaintiff did not wish for it to be heard. Judge Jennifer Rymell heard the motion to dismiss then recused herself as she did not want to rule on it.

Case was transferred to County Court 3 to Judge Mike Hrabal. It was set for hearing April 4, 2016. Judge Hrabal cancelled the hearing and reset it for May 17, 2016. Plaintiff did not request for the contest to be heard at the May 17, 2016 hearing. It was not heard. The time to contest the 2015-002259-3 affidavit of indigence passed. The contest is therefore denied and Defendant Cummins is legally declared indigent.

The court refused to allow Defendant to file documents or receive minutes without paying. Court reporter Shari Steen refused to give the motion to dismiss hearing transcript to Defendant without a signed and filed court order by Judge Mike Hrabal. Defendant filed a motion requesting a signed and filed court order on indigence. Judge Mike Hrabal refused.

Defendant filed notice of appeal May 17, 2016. June 10, 2016 Defendant filed a new affidavit of indigence for appeal of the motion to dismiss case appeal # 02-16-00165-CV[3]. Plaintiff and County Clerk filed contests of indigence June 13, 2016. Hearing was scheduled for July 1, 2016. Hearing was cancelled by the Clerk due to conflicting schedule. It was rescheduled by the court reporter for July 11, 2016. After the reporter realized her mistake she frantically tried to schedule the hearing for July 2, 2016 but Defendant was in the hospital the entire day with pre-surgery appointments for a severe back injury. Court reporter nonetheless stated it would be heard July 11, 2016 knowing that would be too late hoping that Defendant didn’t realize this.

The contests were not heard per Tex. R. App. P. 20.1(h)(4). Notice shall be given and the hearing shall be held within the deadlines set out in the rules of appellate procedure. See id. R. 20.1(i)(1) (trial court must set hearing and notify parties), (2) (hearing must be held within ten days of date trial court receives referral of contest), (3) (trial court may extend time for hearing for up to twenty days), (4) (contest is deemed overruled unless trial court signs order sustaining contest within period set for hearing).

The contests had to be heard at the latest 20 days from date of contests June 13, 2016 which was July 3, 2016. The time to hear both the trial court and appeal contests to indigence is long over. Therefore the contests have been over ruled.

I am requesting the court record and transcript of hearing on motion to dismiss free of charge. The court record is already in pdf format. It will be quick and easy to zip the pdfs, burn to disc or email to parties.

In the alternative the trial court can just file an order dismissing this case. Not only did Plaintiff and their attorney Randy Turner forge the evidence including a forged email allegedly by the head of the USDA but they perjured themselves in their sworn affidavits stating the email and exhibits were authentic. New evidence also proves that Plaintiff and their attorney committed perjury and fraud in the original 352-248169-10 case. Plaintiff was found by the USDA to have committed animal cruelty, abuse, neglect and violated the Animal Welfare Act in 2011[4]. Plaintiff lost their permit before the 2012 trial yet stated in trial they had their permit and were cleared of all wrong doing by all agencies. That is completely false. This allegation was the basis of the entire 352nd case.

Because of the forgery, fraud and perjury involved in the case filings the case should be dismissed outright. Plaintiff's attorney Randy Turner and Plaintiff Amanda Lollar need to be charged and prosecuted for their crimes. Randy Turner needs to be disbarred. The order on the 352-248169-10 case should be reversed. This case must be dismissed because the sworn evidence was forged.

Here is but one of the forged exhibits. They were all exactly like this. Amanda Lollar's forged Exhibit 5[5]. The actual Exhibit 5 in my brief[6]. The actual Exhibit 5 as it resides publicly online[7]. 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. That article and comments were not made by Defendant.

Here are three different versions of the forged email allegedly by the head of the USDA[8]. USDA stated in writing the email does not exist. Randy Turner used this forged email to argue in Plaintiff’s reply to motion to dismiss that the 2011 email written by veterinarian Dr Laurie Gage in Colorado is MY defamation in the current case filed in 2015 in Texas years out of the statute of limitation! This “argument” proves that Randy Turner is not fit to practice law. Turner’s ihatemary page proves his extreme personal obsession with me. In this page Turner not only defames me with wild allegations of me allegedly suing my grandmother but he talks about the size of my breasts when I was 11[9].

On top of all of this the case must be dismissed at the minimum as it's copy/paste the 352nd case including reversed claims. Per res judicata it "cannot be pursued further by the same parties." Plaintiff filed this case for malicious intent and harassment purposes only immediately after the opinion on the 352nd case was released. Plaintiff and her attorney merely want get government reports and video of Plaintiff committing animal cruelty removed from the Internet permanently. Plaintiff is merely embarrassed by Plaintiff’s own illegal and cruel behavior. Defendant has never defamed Plaintiff. Plaintiff Lollar and her attorney Randy Turner have defamed and harassed Defendant. If the case proceeds, Defendant will counter sue for defamation and harassment.

Sincerely,


Mary Cummins

cc: Second Court of Appeals
ACLU-NC
Public Citizen





[1] Mary Cummins v Amanda Lollar, Bat World Sanctuary Appeal 2012 http://www.search.txcourts.gov/Case.aspx?cn=02-12-00285-CV&coa=coa02
[2] Amanda Lollar v Mary Cummins 2015-002259-3 https://odyssey.tarrantcounty.com/PublicAccess/default.aspx
[4] USDA states Amanda Lollar violated Animal Welfare Act, caused “pain, suffering and death.” http://www.marycummins.com/amanda_lollar_bat_world_sactuary_usda_cancelled.pdf
[5] Plaintiff Lollar Exhibit 5 http://animaladvocates.us/exhibit%205.pdf
[6] Defendant’s actual copy of Exhibit 5 http://animaladvocates.us/def_exhibit_5.pdf
[7] Actual, public, live Exhibit 5 online https://www.indybay.org/newsitems/2013/02/21/18732538.php
[8] Forged USDA emails made by Plaintiff Lollar, sworn by Randy Turner http://animaladvocates.us/usda_email_forgery_proof.pdf

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