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Judge hallucinated date on exhibit and every judge overlooks it ,why?

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0p3ns0urc3s

Active Member
Then you say the judge made a mistake, not that she "hallucinated."
To see something that is not present is a hallucination. It wasn't extremely tactful but then I should've been sanctioned. Right?
I wonder how appeals panels can talk about something at oral argument and then completely sidestep it in the decision.

I could probably say they all are idiots or worse opinions and nothing happens because it appears they don't wish to draw any attention to it at all.
 


0p3ns0urc3s

Active Member
I wrote in my response to her findings for her to correct it at the trial level... She didn't. No one did or has. She was leaving the bench for good the next month so probably didn't care. I didn't say "hallucinate" then either.

ORRRRRRR, when writing her findings, she had a mistaken recollection.

But hey, whatever floats your boat, I suppose. Best of luck.
 

adjusterjack

Senior Member

0p3ns0urc3s

Active Member
motion-for-sanctions-strike.docx

There seems to be a page missing from the trial judge's decision. I would like to see that if I may.

I would also like to see the decision of the Cuyahoga Cy Ct of Appeals.



You don't have that decision yet?

Trials decision:
https://acrobat.adobe.com/id/urn:aaid:sc:US:3cc19a80-fefb-4921-b68a-c4b83af2fce3
I drew the kid on the police self report. But mom, dad, and kid just ganged up and lied.

Sorry the photos are out of order but the pages are numbered. How does any judge approve "dated photos" that don't have a date? Anyone can see that who compares the judgment entry with the exhibits. It's a plain error. I asked this. But the magistrate and her judge who put her there are off the bench due to not winning her election and being too old, respectively. I don't think they cared at all. Probably didn't think I could even wrote a coherent appeal either.

Appellate court decision:
https://acrobat.adobe.com/id/urn:aaid:sc:US:80980cc8-a5e4-44a2-80c1-31e5f620c007
This appeals panel talked about my assignments of error that they state they cannot rule on in this decision while in the oral argument. They asked both myself and opposing counsel about the exhibit. The exhibit D is the exact exhibit submitted by opposing counsel at trial. He cut off the date because he didn't believe the evidence/ his clients himself. During trial, opposing counsel did not ask his clients nearly any questions. He just let them talk. The judge was running for judge and defendants were her constituents. I am not one.

This isn't my first rodeo. I've won cases against esteemed attorneys when the trial is fair. The judge was biased. Two parents let their unlicensed minor son drive and he hit me and ran off. I knew his face, the make, model, and plate of the car too.

I'm trying to figure out how to best insult the Ohio Supreme Court judges just so I can see how far they're willing to go to sweep this under the rug. That's what it feels like. I asked nicely at trial level.
 

quincy

Senior Member
Essentially, the Courts found that the testimony and evidence presented by the defendant was more credible than what you presented. You did not provide evidence enough - with or without dated photos - to show that the young man with the broken, booted ankle was driving the car that damaged your vehicle on the date and time of the incident.

Why didn’t you let your insurance company handle this for you? I noticed that Progressive handled the accident for the defense.
 

0p3ns0urc3s

Active Member
Essentially, the Courts found that the testimony and evidence presented by the defendant was more credible than what you presented. You did not provide evidence enough - with or without dated photos - to show that the young man with the broken, booted ankle was driving the car that damaged your vehicle on the date and time of the incident.

Why didn’t you let your insurance company handle this for you? I noticed that Progressive handled the accident for the defense.
His family only testified that he had a broken, booted ankle. It was a lie. They have no documentary evidence about it.

Not providing evidence was the judge's opinion of her constituents during her running for election haha.
I had photos of everything. Drew and identified the kid in the report along with the car. Their whole evidence was testimony which their attorney didn't ask them anything about but just let them narrate.
 

0p3ns0urc3s

Active Member
That's like saying there is no reason to review because the appellate court's decision was proper.



Yeah, don't do that.
How is the appellate court's decision proper when there is still the issue that there's no date on an exhibit which is referred to as dated by the judge?

How do they need a transcript or statement of evidence for something that wasn't known about until the judgment decision by me or opposing counsel?

How could anyone but the judge have known that she made this mistake at trial? She put in the judgment decision all key factors: the exhibit was submitted to evidence. So just look at the exhibit which was submitted to evidence.

Does this photo have a date?
https://postimg.cc/N2sghZc4
 

quincy

Senior Member
… Their whole evidence was testimony which their attorney didn't ask them anything about but just let them narrate.
It is not the defense attorney’s job to question his client’s testimony. It is the plaintiff’s job to question the defendant’s testimony and poke holes in it.

The fact of the matter is that the judge didn’t think you met your burden of proof. He found the defendant more credible.

How much did repairs to your vehicle cost?
 

0p3ns0urc3s

Active Member
It is not the defense attorney’s job to question his client’s testimony. It is the plaintiff’s job to question the defendant’s testimony and poke holes in it.

The fact of the matter is that the judge didn’t think you met your burden of proof. He found the defendant more credible.

How much did repairs to your vehicle cost?
Bias. She (not he) was running for election and those were her constituents.
I mentioned above how local attorneys I talked with said they're glad she's off the bench. They used the term "hometowned" and actually told me I "held my own." They get hometowned.

Progressive denied it even happened. So I took them to court. The cost doesn't matter. I don't care. I like getting this experience. Any cost is cheaper than law school (and having to suck up and deal with judges like her) and I like having trial skills. I don't mind losing. It's just the actual injustice.

What is the likelihood of me being able to identify an unlicensed driver and a car somewhere I don't even live?

I will do it again with more experience. The opposing counsel Progressive was trying to get me declared vexatious. It didn't work.
They don't want me going to court. But I will every time.

They spent more money and time than just not ignoring me at the claims stage. You have to teach people how to treat you.
HOW MUCH MONEY DID THIS COST PROGRESSIVE?

I'm sure that attorney's hourly rate was well over what it would've cost to treat me like a human being at the start.
Not vexatious. I did hold my own.
So, no one truly won because the actual case became nothing.
It was a minor accident due to my defensive driving against a kid (age 15) with a lead foot; still property loss, however.
I will likely see them in court again in my lifetime (Woot! Not vexatious!) and I'll be encouraging and even funding everyone I know who gets ignored to do the same.


But that's the thing. There's this one factor, that date on the exhibit, which could unravel it all. You can see it via the judgment and exhibits that are always part of the record.


The exhibit was addressed at oral argument, probably because that isn't recorded. The panel asked the Progressive attorney if his Exhibit D (https://postimg.cc/N2sghZc4) was the one submitted at trial. He confirmed it. They chastised him.
They know there was an issue. But they didn't ultimately do anything about it.


The only good thing is that this record is forever. The Supreme Court hyperlink preserves the whole thing in a way. It's readily shareable. Click a link and download documents.
 
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0p3ns0urc3s

Active Member
It is not the defense attorney’s job to question his client’s testimony. It is the plaintiff’s job to question the defendant’s testimony and poke holes in it.

The fact of the matter is that the judge didn’t think you met your burden of proof. He found the defendant more credible.

How much did repairs to your vehicle cost?
Does this photo have a date?
https://postimg.cc/N2sghZc4
 

0p3ns0urc3s

Active Member
It is not the defense attorney’s job to question his client’s testimony. It is the plaintiff’s job to question the defendant’s testimony and poke holes in it.

The fact of the matter is that the judge didn’t think you met your burden of proof. He found the defendant more credible.

How much did repairs to your vehicle cost?
Also, I poked deep holes. Again, not my first time here.

The judge was just biased and more worried about her ongoing campaign for the constituents (the defendants.)
If actual attorneys told me I was "hometowned," a word that was not in my lexicon before speaking with them, then that's what happened.

Just a reason why bench trials are different than jury trials and closed courtroom cases are different than open courtroom cases.

No one sees that exhibit as "...dated the day after the alleged incident occurred..." There's no date at all.
 
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