|
Handwritten Order |
|

The work that comes out of Missouri Courts
This is the unsigned order that cost me about $40,000. This is the order that I'm trying to have declared void. Is this unreal or what?
Is this all the citizens of Missouri can expect out of our courts? I am presently calling for the impeachment of the entire Missouri Supreme Court. The people of Missouri deserve better than this. |
|
|
|
What's wrong with this picture?
On the last page of the "order" the author originally wrote, "Commissioner makes the following findings from Hearing concluded 6 feb 95.", but scribbled this out and wrote "Therefore the court orders" above it. The author clearly knew that a commissioner did not have the authority to act as a judge, but decided to do so anyhow. This indicates that the author was not a judge, and knowingly and deliberately attempted to usurp the power of a judge. So in addition to being void, it is also an act of fraud.
If Commissioner Davis wrote this order, he did so knowing it was illegal. |
In 1996 the legislature passed 487.030, a statute that the decision of a commissioner becomes the decision of the court if not challenged in 15 days. The Missouri Supreme Court ruled that statute unconstitutional stating that a commissioner is not a judge and that the orders of commissioners are void. Before 1996 all the findings of the commissioners were not orders unless a judge signed them.
In this case however, the maintenance order was made in 1995, more than a year before this unconstitutional statute was passed. This was done at a time when commissioners were supposed to get the signature of a judge on all orders. In this case, if Commissioner Davis did make the hand written order, he clearly violated the rules by not having Judge McGuire sign it. And he further broke the rules by not signing it himself. This is assuming that Winston Davis wrote the order in the first place.
This order gives my ex-wife more money than she was asking for. |
The "maintenance" hearing determined that my company and software were marital property. |
Based on Commissioner Davis' record of letting the litigant's attorneys write decisions for him, and the decision being so favorable to my ex-wife's position, and the inclusion of findings that were not the subject of the hearing, I believe that either William Wear and/or James Sharp wrote the "order" of the court.
Will the real author please step forward?
If Commissioner Davis wrote this order he should step forward and admit it. If he didn't write the order then who did? Did the Reverend Billy Wear write it? Did James Sharp write it? If they did then the forged and order of the court. I would think that if a lawyer forges an order of the court they would be disbarred. But this is Missouri and the courts here are comportable with a high level of attorney fraud. In fact, the Sourthen District Court of Appeals ignored the fraud claiming that if there was fraud, I couldn't prove the fraud affected my case. So they ruled the burden of proof is on me to show it affected the case rather than to make the lawyers who committed the fraud prove it didn't affect the case.
We may never know who wrote this order. |
|
Case Law $7/Month 50 States + Fed
I use this service.