UPDATE:
November 11, 2019
For Suzanne Safarov
I answered your request for Help. CLICK HERE for my Amicus Curiae Brief in PDF format. Save it to Flash Drive and get it printed. The brief is for the class action case against Judge Mark Derrick. If you know other people who were falsely convicted by Judge Derrick or any judge and can prove their innocence, give them the same advice I gave you in my Amicus Curiae Brief. You and they need to get an attorney, at least for a day trip to accompany you and them to the FBI PUBLIC CORRUPTION DIVISION in Little Rock to submit a prepared criminal complaint by an attorney against Judge Derrick and Prosecutor Don Raney citing 18 U.S. Code § 241 Conspiracy Against Rights; and 18 U.S. Code § 242 Deprivation of Rights Under Color of Law.
November 9, 2019
UPDATE:
For Suzanne Safarov
MY RECOMMENDATION HERE AND BELOW:
FIND AN ATTORNEY FIRST AND FAST!
WITH YOUR ATTORNEY, GO TO THE FBI IN LITTLE ROCK. TELL THEM EVERYTHING THAT HAPPENED TO YOU AND WHY YOU ARE THINKING ABOUT “FAILURE TO APPEAR”. THE INFORMATION YOU GIVE WILL HELP INITIATE AN FBI PUBLIC CORRUPTION INVESTIGATION INTO JUDGE MARK DERRICK AND PROSECUTOR DON RANEY.
My Email For Your Defense
Judge Mark Derrick has earned a reputation as “Judge Dred”
I will give Judge Mark Derrick another reputation, “Fudge Mark Derrick” because he fudges the reputation of defendants with false convictions as he did with me.
With Suzanne Safarov’s comment to my blog post titled, New Developments: White County, Arkansas Corruption Is Worse Than I Thought, dated January 21, 2019, I now have the evidence to compel Governor Asa Hutchinson to initiate a criminal investigation by the FBI Public Corruption Division into Judge Mark Derrick and Prosecutor Don Raney for running a Kangaroo Court in violation of Arkansas Code § 5-53-116 Simulating Legal Process.
It appears that Judge Dred violated a number of her rights including her First Amendment right to religious freedom. She is doing the only thing her primal instincts are telling her to do in her situation facing a criminally corrupt judge—RUN! Regardless of her imminent FTA runnining from a Kangaroo Court is not a crime. Especially if her allegations against the Jacksonville police officer and the public defender are true. She will have standing to sue for damages. Suzanne Safarov, you need to find an attorney first and fast!
COMMENT FROM: Suzanne Safarov
November 8, 2019 at 8:40 am
MY FURTHER RECOMMENDATIONS
FOR YOU & YOUR ATTORNEY
READ MY REPLIES TO YOUR COMMENT. THEN GO TO MY BLOG, AMERICAN COMMON DEFENCE REVIEW. THAT IS YOUR EDUCATIONAL REPOSITORY ON THE CLASS ACTION LAWSUIT AGAINST JUDGE DERRICK.
DEMANDING MY RIGHT TO A REMEDY
This POST is directed specifically at:
President Donald Trump for the National Importance of this Subject Matter is applicable to federal court corruption, especially at the 9th Circuit and the at U.S. Supreme Court. (I submitted this Blog Post Link to the White House web-based email form. The automatic response is shown here.) I request President Trump to issue a directive to the FBI to initiate a criminal Public Corruption investigation and prosecution into Prosecutor Don Raney, Judge Mark Derrick of the Kensett District Court and post-recusal Special Judge Milas Hale from Sherwood, Arkansas (Pulaski County) and Judge Robert Edwards of the White County Circuit Court for violations of my constitutional rights:
18 U.S. Code § 241 Conspiracy Against Rights
18 U.S. Code § 242 Deprivation of Rights Under Color of Law
18 U.S. Code § 245 Federally Protected Activities..
AND, specifically directed at:
Arkansas Governor Asa Hutchinson (submitted via web-based email form);
Arkansas Attorney General Leslie Rutledge;
Arkansas Judicial Discipline & Disability Commission’s Director David Sachar;
Arkansas Office of the Committee on Professional Conduct;
Arkansas U.S. Attorney Cody Hiland; and
FBI Little Rock, Special Agent in Charge, Diane Upchurch
MY DEMAND & REQUEST TO GOVERNOR ASA HUTCHINSON
(Through his web-form email service.)
YOU MUST READ MY BLOG POST LINKED HERE:
https://donhamrickformayorofkensett.wordpress.com/2019/01/21/new-developments-white-county-arkansas-corruption-is-worse-than-i-thought/
DEMANDING MY CONSTITUTIONAL RIGHT TO A REMEDY
You have a serious corruption problem with prosecutors and judges in White County. I am appealing my two false convictions to the Arkansas Supreme Court because Judge Robert Edwards of the White County Circuit Court had to commit purjury and obstruction of justice to have the FALSE authority to deny my appeal from the Kensett District Court to the White County Circuit Court.
THINGS I NEED YOU TO DO (REQUESTING):
(1) STOP THE CORRUPTION IN THE ARKANSAS JUDICIAL SYSTEM (Honestly? It is human nature to be corrupt. I doubt you can stop judicial bias, prejudice, and corruption, even if you were dedicated to that goal. That’s my acknowledgement on the reality of human behavior in life.)
(2). No more paper tiger authority for the various ethics commissions. The Arkansas Legislature must dramatically strengthen enforcement and prosecutorial powers of the various ethics commissions, especially campaign, prosecutor, and judicial ethics commissions.
(3). I do expect you to instruct Arkansas Attorney General Leslie Rutlege, and nudge U.S. Attorney Cody Hiland and FBI Little Rock Special Agent in Charge Diane Upchurch NOT TO TREAT MY COMPLAINT WITH DISCONFIRMATION BIAS and NOT IGNORE my complaint of public corruption in White County as they did in the past. This request (or demand) is within my constitutional Right to a Remedy.
I ran for Mayor of Kensett with the intent to make Kensett a “Corruption Free Zone.” What did I get fort it? Political retaliation by Kensett Police, Prosecutor Don Raney, and Judge Mark Derrick resulted in my second false conviction.
MY BACKGROUND (NOT BRAGGING)
I was a merchant seaman for 19 years. Before that? I was a Coast Guard radioman for 7 years. I traveled all over the world. In my travels across the United States it was my educationally leisure hobby to visit university libraries to study behavioral psychology, constitutional law, civil rights law, federal rules of court, and a thousand law review articles (https://papers.ssrn.com/) on every legal subject under the sun. By nature, I am a logical, analytical pragmatist. I use critical thinking and Occam’s Razor to solve problems. You will see that to be true if you read my blog post linked above.
You will find my augmented Seven University Stages of Arguments that I characterize as the Seven Shades of Corruption. All the psychology studies only had Six Stages. I added the 7th Stage because I learned more than enough behavioral psychology to make that addition. You will read the Seven Stages on my blog.
The Seven Universal Patterns of Arguments
OR, The Seven Shades of Corruption
In my layman’s study of behavioral psychology I learned about 6 universal patterns of human behavior on social, political, legal and judicial arguments. The 7th Pattern is my addition.[1]
(1). Prior Attitude Effect/Prior Belief Effect (people consider arguments consistent with their own judgments superior to countervailing ones),
(2). Disconfirmation Bias (people unduly counter-argue and discount incongruent arguments, while uncritically accepting congruent arguments),
(3). Confirmation Bias (people seek out information that confirms beliefs),
(4). Attitude Polarization (attitudes become more extreme despite exposure to balanced pro and con arguments),
(5). Attitude Strength Effect (motivated skepticism increases with stronger policy attitudes). “Copping an attitude.”
(6). Sophistication Effect/PETTIFOGGERY[2] (politically more knowledgeable people display greater motivated skepticism because their knowledge base allows greater counterarguing of incongruent information). [My Opinion: Including federal court and U.S. Supreme Court opinions denying more constitutional rights, freedoms, and liberties, as in judicial tyranny and government oppression).
(7). Belligerence (i.e., You can’t Belligerence from a federal judge in opposition to constitutional rights defended by an unrepresented civil plaintiff and a factually innocent defendant with a False Conviction case becomes Judicial Tyranny.[3] See Judge John D. Bates of the U.S. District Court for the District of Columbia Memorandum Opinion in Hamrick v. United States, U.S. District Court for the District of Columbia, No. 1:10-cv-00857-JDB (Docket No. 9, Filed May 7, 2011), Section D.(i). (page 16 in this petition) [FOOTNOTE 1] stating: “Hamrick is no stranger to the courts. Over the past nine years, he has filed at least ten separate lawsuits before various judges of this Court, all of which have been dismissed.”[4]
[1] SOURCES: See generally, Kari Edwards & Edward E. Smith, A Disconfirmation Bias in the Evaluation of Arguments, 71 Journal of Personality and Social Psychology, Volume 71, No. 1, p. 5–24 (1996). http://www.unc.edu/~fbaum/teaching/articles/JSPS-1996-Edwards.pdf; Mason Richey, Motivated Reasoning in Political Information Processing: The Death Knell of Deliberative Democracy? Page 6, (May 5, 2011) (Mason Richey, Department of European Studies, GSIAS, Hankuk University of Foreign Studies, 270 Imun-dong, Dongdaemun-gu, 130-791 Seoul, South Korea.) Available online at https://philpapers.org/archive/RICMRI.pdf; Charles S. Taber and Milton Lodge, Motivated Skepticism in the Evaluation of Political Beliefs, American Journal of Political Science, Vol. 50, No. 3 (Jul., 2006), pp. 755-769, Published by Midwest Political Science Association. Available online at https://www.unc.edu/~fbaum/teaching/articles/AJPS-2006-Taber.pdf; Taber, C. and M. Lodge. 2000. Three Steps Toward a Theory of Motivated Reasoning, in Elements of Reason: Cognition, Choice, and the Bounds of Rationality (Part of Cambridge Studies in Public Opinion and Political Psychology), London: Cambridge University Press. (December 2000), Paperback; ISBN: 9780521653329, Editors: Arthur Lupia, Mathew D. McCubbins, Samuel L. Popkin, Arthur T. Denzau, Douglass C. North, Paul M. Sniderman, Norman Frohlich, Joe Oppenheimer, Shanto Iyengar, Nicholas A. Valentino, Wendy M. Rahn, James H. Kuklinski, Paul J. Quirk, Milton Lodge, Charles Taber, Michael A. Dimock, Philip E. Tetlock, Mark Turner; Taber, C. and M. Lodge, Motivated Skepticism in the Evaluation of Political Beliefs, American Journal of Political Science 50/3: (2006) pp. 755-769. See also, Russell J. Dalton and Hans‐Dieter Klingemann (Editors), The Oxford Handbook of Political Behavior, Oxford University Press, (Published date August 2007) (Published online September 2009).
[2] Pettifoggery. My addition for the argumentative nature of party politics, federal courts, and arguing in-laws.
[3] Ib. Footnote 13.
[4] My emphasis.
GOVERNOR ASA HUTCHINSON, I hope you are persuaded to treat my request for help as genuine. If you are still skepticl then contact David Sachar of the Judicial Discipline Commission and Stark Ligon of the Office of the Committee on Professional Conduct. They will verify I have a prosecutable case of prosecutorial and judicial corruption & obstructions of justice in state and federal court.
DON HAMRICK
MY BLOG POST
A lot has developed on the Arkansas Corruption Front since my last post here on November 11, 2018.
(1). I have my new blog, The Kensett Blogger Forums, online. I still have to add WordPress login, registration, forgot user name & password plugins to make it accessable. I am pulled away from finishing the constructioin on my new blog because I have been busy defending my innocence from two misdemeanor false convictions by first preparing my appeal to the White County Circuit Court (unlawfully and unconstitutionally rejected by White County Circuit Court Judge Robert Edwards for reasons I will explain latter in this post); and now I am preparing my appeal to the Arkansas Supreme Court.
The purpose of my blog (The Kensett Blogger Forums) is to expose corruption of every kind anywhere to the light of day even if it is everywhere and even if it is considered the new normal. Tolerance and acceptance of corruption must never be the new normal.
I have my blog and five forums on this website. The first forum is restricted to FCC licensed amateur radio operators in the State of Arkansas for their convenience and benefit to discuss amateur radio topics for the advancement of amateur radio communications.
The other forums are open to all Arkansas citizens to discuss corruption at the federal level nationally, at any state level, at any county level of any state and at city levels in any state.
The Mammatus Clouds in the header of my blog and in my self-made blogger ID card above represent the turbulent nature of the human race in every country in the world. Weather is global. So is corruption. Corruption has been a part of the human race throughout the history of mankind. The human race through the ages tried to live by high and proper moral codes. The most prominent are religious codes as shown in the poster below. The Culture of Corruption or the Corruption Culture if you want to describe it that way, is the countermeasure against the Golden Rule. The Golden Rule, also known as the Reciprocity of Ethics, is part of almost every religion in the world.
LIVING UNDER STIGMATIC HARM
FROM UNCONSTITUTIONAL CONDITIONS
BROUGHT ABOUT BY CORRUPTION IN GOVERNMENT
My philosophy of life is a variant of Newton’s Third Law of Motion: To every disadvantage, there is an equal and opposite advantage. This philosophy applies to the adversities of life that the Corruption Culture wages against society at large living by The Golden Rule, also known as The Reciprocity of Ethics. Not everyone lives by The Golden Rule. In face of that fact, The Golden Rules gets reduced to a Unilateral Code of Ethics before resorting to base human instincts to overcome adversities through self-defense against aggression or physical assault. That reality begs the self-defense question in the immediate sense versus the police as the people’s First Responder. The traditional definition of First Responders is itself a Stigmatic Harm from Unconstitutional Conditions brought about my corruption in government.
First Responders are currently thought to be the professional emergency services. Sherrif & Deputies, Police, Firefighters, and Emergency Medical Technicians. That’s the myth of First Responders. They are the Second Responders!
The actual First Responders are the victims of crime and fires. First Responders are the good Samaritans acting for the benefit of those in need and those coming to the immediate defense of crime victims during the instance of a crime or immediately after a crime before police and emergency services arrive.
The actual First Responders are, We, the People, under the Common Defence clause and the Privileges and Immunities Clause and the Second and Ninth Amendments of the U.S. Constitution as originally intended.[1] That’s the Common Defence.
FOOTNOTE [1]See Eugene Volokh, Second Amendment Applies to Carrying Guns in Cars, The Washington Post, February 7, 2014. Available online at https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/07/second-amendment-applies-to-carrying-guns-in-cars/?noredirect=on&utm_term=.0a234db0a8e0
Lawfully armed citizens under State laws with excessive State and Federal gun control laws is not what the Common Defence was originally intended.
The Red Cross train the public in First Aid and CPR. That’s the Common Defence. Amateur Radio Operators providing emergency and disaster communications services to local, State, and Federal Government agencies (FEMA). That’s the Common Defence. The National Sheriff’s Association’s National Neighborhood Watch program empowers citizens to become active in community policing efforts through participation in Neighborhood Watch groups. That’s the Common Defence.
The Common Defence was originally intended to be the shared jurisdiction of We, the People and the local, State, and Federal Government. Not anymore! Not for a long time!
I posit the probability that the United States policy of getting tough on crime we are now living under the Stigmatic Harm from Unconstitutional Condition through the Law of Unintended Consequences. The getting tough on crime through stronger enforcement of unconstitutional gun control laws violating the human right and constitutional right of self-defense by compelling the surrender of the right to keep and bear arms that the United States has now become a country with the most people in prison than any other country in the world.
That begs the question of how much will crime drop if We, the People were left alone with our right self-defense to keep and bear arms in society. The prime example is National Open Carry in society everywhere in all 50 states as the Gold Standard for the Second Amendment right to keep and bear arms.
I pride myself believing I am a logical, analytical pragmatist. I use critical thinking and Occam’s Razor to examine any problem or issue to arrive at the best solution. And what better problem to resolve is the quagmire of the Gold Standard for the Second Amendment’s National Open Carry under the Common Defence Clause and the Privileges and Immunities Clause and the Ninth Amendment. The Second & Ninth Amendments, by definition, are now our “Lamentments” under the Stigmatic Harm under Unconstitutional Conditions from a corrupt federal government. It is now a national delusion and has been since the National Firearms Act of 1934.
QUESTIONS I WILL NEVER GET
TO PRESENT TO THE U.S. SUPREME COURT
(1). Does Young v. State of Hawaii, 9th Circuit, No. 12-17808, D.C. No.1:12-cv-00336-HG-BMK (Opinion filed July 24, 2018) confirm National Open Carry is the Gold Standard of the Second Amendment right to keep and bear arms under the Common Defence clause and the Privileges and Immunities Clause of the U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause. The Comity Clause prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a Right of Interstate Travel with Open Carry may now be constitutionally inferred from the clause.
(2). Does Young v. State of Hawaii support the right of U.S. merchant seamen to travel intrastate and interstate while openly armed in and through all 50 states, i.e., National Open Carry, characterized as the Gold Standard of the Second Amendment right to keep and bear arms
ABOUT THE ARTICLE V CONVENTION
ARTICLE V: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
The Living Constitution is a farcical myth without constitutional amendments. The U.S. Constitution can only be constitutionally interpreted by the literal reading of the words and phrases and the combination of phrases or rights of the People aided by the original intent and circumstances as they existed when the U.S. Constitution was written, proposed, passed, and ratified. The Article V amendment process was included in the U.S. Constitution because the founders knew change is a constant factor in life and government.
However, the subsequent culture of corruption to preserve the hold on power prevented any amendments by the application of the legislatures of two thirds of the several states.
September 12, 2017
Lack of Rules Stops AVC Movement Cold
By Friends of Article V Convention
https://foavc.org
Recent discussion with House of Representatives Parliamentarian Tom Wickham, Congressman Jared Polis (D-CO) and FOAVC supporters provided the actual reason Congress, despite hundreds of applications from all 50 state legislatures, has never called an Article V Convention. The reason: Congress has no rule sin place to count the applications and issue the necessary convention call. Without procedural rules in place no convention call will ever be issued by Congress irrespective of whether state applications contain identical language, address the same subject or are counted numerically regardless of subject and language because no process exists for Congress to count the applications and issue the convention call. You can see a video discussing the problem at this link. (Note: if this link does work on your computer, please use this link.) Further information can be read here.
CORRUPTION IS EVERYWHERE.
(2) I appealled my two false convictions to the White County Circuit Court with my In Forma Pauperis application. My only income is my monthly VA Non-Service Connected Disability Pension, $1,127/Month X 12 Months = $13,524 annually. The 2015 Federal Poverty Guideline for me is at $15,930. My income is 15% below the the Federal Poverty Guideline. That is my Federal evidence that I qualify to file my appeal with the White County Circuit Court. Comparing Judge Robert Edwards letter to the 2015 Federal Poverty Guidelines is proof positive evidence that Judge Edwards committed purjury and obstruction of justice for political reasons when all the facts are known. The state of judicial corrupt in White County and Little Rock, Arkansas will knock your socks off!
The section below is the preliminary draft of my Appeal to the Arkansas Supreme Court. It is a work in progress until I get it finished to my liking:
(1). PETITION FOR WRIT OF CERTIORARI
TO THE ARKANSAS SUPREME COURT
In Accordance with Rule 3-5 of the Rules of the Supreme Court and Court of Appeals.
(2). FACIAL & AS-APPLIED CONSTITUTIONAL CHALLENGES
FOR VAGUENESS & OVERBREADTH OF STATE LAWS LISTED HEREIN
(3). DEMANDING MY ENFORCEABLE RIGHT TO A REMEDY
FOR TWO CONSECUTIVE MISDEMEANOR FALSE CONVICTIONS
BECAUSE I AM INNOCENT
This case is about my two false convictions and about the apparent corruption in the Kensett Police Department, the Kensett District Court, and the White County Circuit Court giving me due cause to believe that corruption in White County is systemic throughout the Arkansas judicial system. What else am I to believe in light of the fact that my previous complaints to the Arkansas Judicial Discipline and Disability Commission against Judge Mark Derrick and to the Arkansas Office of the Committee on Professional Conduct against Prosecutor Don Raney were denied which emboldened them to impose my two false convictions, the second conviction in retaliation for my campaign for Mayor of Kensett with my intent to make Kensett a “Corruption Free Zone.” (My allegation). Corruption is apparently rampant not only in White County but also at the Arkansas Supreme Court’s two ethics commissions in my experience as a pro se victim of state corruption. From 2002 to the present day I have been denied my Right to a Remedy for violations of my First, Second, Fifth, Sixth, Ninth, Tenth, Thirteenth, Fourteenth Amendment rights or my rights under the Common Defence Clause and the Privileges and Immunities Clause of the U.S. Constitution or the Constitution of the State of Arkansas in state or federal venues. To my knowledge, a U.S. citizen being denied his Right to a Remedy for the last 16 years becomes a free-slave (an oxymoron or a moron to believe I have enforceable statutory and constitutional rights in state and federal courts) giving rise to my constitutional challenges of certain Arkansas laws that appear to impose stigmatic harm from unconstitutional conditions resembling despotism.
Citing the conclusion in Zachary Price, The Rule of Lenity as a Rule of Structure, 72 Fordham L. Rev 885 (2004):[1]
“The overbreadth of American criminal law is one of its most widely recognized problems. In this Article, I have tried to show that a toughened rule of lenity could be one of the problem’s most congenial solutions. Whereas the substantive due process review of crimes, the favored approach of many commentators, would raise the specter of counter‑majoritarian judicial activism, the rule of lenity could be understood as a device for strengthening criminal law’s responsiveness to democratic preferences. To be sure, limiting constructions may thwart legislative preferences in particular cases in the short run. Yet correcting objectionable judicial rulings does not appear to involve much effort or distraction on the part of legislatures, and in the long run the elaboration of a more detailed criminal code could enhance the accountability of both legislators and prosecutors.
Rules of construction are inevitably about more than the meaning of words in a text.[2] They set the parameters of inter-branch relations, effectuating background expectations about governmental structure and determining how much power legislatures may delegate. By requiring specificity in criminal statutes, the rule of lenity enhances the accountability of both lawmaking and enforcement in criminal law—an area where the value of majoritarian moral legitimacy is paramount. Courts should therefore embrace and strengthen the strict construction of criminal statutes.”
Citing, Marvin Zalman, Wrongful Convictions: A Comparative Perspective, Wayne State University, May 4, 2016.
ABSTRACT: “Miscarriages of justice—failing to accurately separate the guilty from THE INNOCENT—are deemed moral and technical failures wherever courts are established. WRONGFUL CONVICTION becomes a social problem when INNOCENCE CONSCIOUSNESS arises, meaning that a significant number of people view MISCARRIAGES OF JUSTICE as caused by correctible systemic factors, and not as inevitable failures of courts. The term “WRONGFUL CONVICTION” encompasses procedurally flawed court convictions and the convictions of FACTUALLY INNOCENT DEFENDANTS (i.e., FALSE CONVICTIONS). There is no definitive way to measure the incidence of false convictions, but American experts estimate plausible rates of from 1 to 3 percent, which translates to tens of thousands falsely convicted each year. . . . WRONGFUL CONVICTIONS ARE NOW VIEWED AS A SOCIAL PROBLEM GLOBALLY.”
[1] Available at: http://repository.uchastings.edu/faculty_scholarship/1446.
[2] William N. Eskridge, Public Values in Statutory Interpretation, 137 U. Pa. L. Rev. 1007, 1009 (1989)
White County Circuit Court Judge Robert Edwards
Unlawfully & Unconstitutionally Refused My Appeal from
Kensett District Court By Perjuring Himself and Obstructing Justice Claiming
I Did Not Qualify for In Forma Pauperis Filing.
That’s False.
I Am $2,406 (%15) Under the Federal Poverty Guidelines of 2015.
Prosecutor Don Raney, Judges Mark Derrick,
Milas Hale and Robert Edwards
Criminally Obstructed Justice Regarding
My Right to a Remedy for Two Consecutive
False Convictions My Constitutional Rights and
Violating the Following Laws:
18 U.S. Code § 241 Conspiracy Against Rights
18 U.S. Code § 242 Deprivation of Rights Under Color of Law
18 U.S. Code § 245 Federally Protected Activities.
Arkansas Code § 5-54-102 Obstructing Governmental Operations.
Arkansas Code § 5-53-102 Perjury Generally.
Arkansas Code § 5-52-107 Abuse of Office.
Arkansas Code § 5-3-201 Conduct Constituting Attempt.
Arkansas Code § 5-3-202 Complicity.
Arkansas Code § 5-53-131 Frivolous, Groundless, or Malicious Prosecutions
Arkansas Code § 5-54-108 Hindering Prosecution (Regarding My Right to a Remedy). Demanding My Right to Institute Disbarment Proceedings Against Prosecutor Don Raney, and Judges Mark Derrick, Milas Hale, and Robert Edwards In Accordance with Their Respective Ethics Commission, or With Any Other Proper State Agency.
Arkansas Code § 5-54-122 Filing False Report with Law Enforcement Agency (Levied Against Chief of Police John Pollard & Police Officer Laura Ballentine for Police Misconduct Causing My Two False Arrests Resulting in Two Counts of Malicious Prosecutions and Two False Convictions Implying Systemic Corruption in White County. This Implies I Have Reasonable Cause to Demand a Federal Investigation by the FBI Public Corruption Division through the Arkansas U.S. Attorney Cody Hiland for Corruption into the Kensett Police Department, Kensett District Court, and the White County Circuit Court for 18 U.S. Code § 241 Conspiracy Against Rights; 18 U.S. Code § 242 Deprivation of Rights Under Color of Law; and 18 U.S. Code § 245 Federally Protected Activities.)
Arkansas Code § 5-2-202 Culpable Mental States — Definitions (Purposely, Knowingly, Recklessly, & Negligently)
Arkansas Code § 5-2-205. Causation (False Convictions as Applied Against Prosecutor Don Raney, Judges Mark Derrick & Milas Hale) (Conspiracy to Obstruct Justice as Applied Against the Previous Three to Include Judge Robert Edwards)
Arkansas Code § 5-2-401 Criminal Liability Generally.
Arkansas Code § 5-2-402 Liability for Conduct of Another Generally.
Arkansas Code § 5-2-403 Accomplices.
Arkansas Code § 5-2-502 Liability of Organizations (City of Kensett, White County, & State of Arkansas are Construed as “Organizations” for the Purpose of Challenging the Constitutionality of Sovereign Immunity, Absolute & Qualified Immunities in Regard to Conspiracies Against and Deprivations of Rights)
Arkansas Code § 5-2-503 Liability of Agents.
Arkansas Code § 5-2-501 Definitions ((1) Agent, (2) High Managerial Agent, & (3)(C) Organization means any other group of persons organized for any purpose (construed to include local, county, and state governments))
Arkansas Code § 5-3-401 Conduct Constituting Conspiracy.
Arkansas Code § 5-3-402 Scope of Conspiratorial Relationship.
Arkansas Code § 5-3-407 Venue for Prosecution (For Criminal Conspiracy Against & Deprivation of Rights, to Include State & Federal Venues for Violations of state and federal constitutional rights separately.)
CONSPIRACY AGAINST MY RIGHTS
White County Circuit Court Judge Craig Hanna sent a letter. Re: Nikita Lee Mahoney, et al vs. Mark Derrick, White County Circuit Court No. 73CV-18-874 to Chief Justice John Dan Kemp, Arkansas Supreme Court, stating, “All three (3) Circuit Judges in the Seventeenth Judicial Circuit have recused from the above causes of action and I am writing to request your assignment of a special judge to hear this case.“
To read my hybrid-copy of Judge Mark Derrick’s ANSWER and Nikita Lee Mahoney et al’s COMPLANT (in text blocks) roled into one document (ANSWER precedes COMPLAINT TEXT BLOCK) click HERE. The first paragraph in the COMPLAINT reads: “1. This action seeks declaratory relief for thousands of people in White County, Arkansas, who have been and will be deprived of state and federal rights by the policies and practices of District Court Judge Mark Derrick. Those policies and practices have created an illegal, modern-day debtors’ prison in White County.”
It is my presumption that Judge Mark Derrick might have falsely convicted some of the thousands of people in White County, Arkansas. If my presumption is true then the Mahone case dovetail’s my Double Misdemeanor False Convictions Appeal reinforcing my criminal consipiracy allegations above, showing federal and state laws suitable of state and federal prosecution of Prosecutor Don Raney, Judges Mark Derrick, Milas Hale, and Robert Edwards. (MOTIVE FOR JUDGE ROBERT EDWARDS TO OBSTRUCT JUSTICE IN MY FALSE CONVICTIONS APPEAL.)
All three judges, including Judge Robert Edwards, of the White County Circuit recused themselves from the case against Judge Mark Derrick. But Judge Robert Derrick not only refused to recuse himself from my False Conviction case even though it was Judge Mark Derrick who falsely convicted me but Judge Robert Edwards refused my appeal of that false conviction and his purjured claim that I did not qualify for In Forma Pauperis. There lies the CONSPIRACY AGAINST MY RIGHTS and DEPRIVATION OF MY RIGHTS UNDER COLOR OF LAW.
EXCERPTS FROM LAW REVIEW ARTICLES
Citing, Marvin Zalman, Wrongful Convictions: A Comparative Perspective, Wayne State University, May 4, 2016. ABSTRACT: “Miscarriages of justice—failing to accurately separate the guilty from THE INNOCENT—are deemed moral and technical failures wherever courts are established. WRONGFUL CONVICTION becomes a social problem when INNOCENCE CONSCIOUSNESS arises, meaning that a significant number of people view MISCARRIAGES OF JUSTICE as caused by correctible systemic factors, and not as inevitable failures of courts. The term “WRONGFUL CONVICTION” encompasses procedurally flawed court convictions and the convictions of FACTUALLY INNOCENT DEFENDANTS (i.e., FALSE CONVICTIONS). There is no definitive way to measure the incidence of false convictions, but American experts estimate plausible rates of from 1 to 3 percent, which translates to tens of thousands falsely convicted each year. . . . WRONGFUL CONVICTIONS ARE NOW VIEWED AS A SOCIAL PROBLEM GLOBALLY.”
Samuel R. Gross, Convicting the Innocent, Annu. Rev. Law Soc. Sci. 2008. 4:173–92. (We have little direct information about false convictions for lesser crimes—misdemeanors . . . adjudications—but they may well consist overwhelmingly of commonplace investigative and bureaucratic errors. … Whatever we do, however, some false convictions will continue to occur. For those cases, the lesson of the past 30 years is clear. We must be more willing to reconsider the guilt of convicted defendants when substantial new evidence of innocence emerges.
Samuel R. Gross, Errors in Misdemeanor Adjudication, Boston University Law Review, Vol. 98, NO. 3 (2018): 999-1011. INTRODUCTION: There’s every reason to worry that many defendants who are convicted of misdemeanors, usually by guilty pleas, are innocent—but there are hardly any data that speak to that issue.
I work with the National Registry of Exonerations, which investigates and publishes information on every known exoneration in the United States since 1989—2145 cases, as of the end of 2017.[1] We sometimes say that we do two tasks at the Registry: tell stories and count things. On this topic, the accuracy of misdemeanor adjudications, meaningful counting is simply impossible. We don’t have a solid estimate of the number of misdemeanor convictions in the country—the usual guess is several times as many as felony convictions—let alone anything like decent data on what happens in those cases. Megan Stevenson and Sandra Mayson estimate that, at present, about 13.2 million misdemeanor cases are filed in the United States each year,[2] producing millions of convictions. Almost none ever produce exonerations that we have been able to find and list in the Registry.
Almost none, however, is not quite zero. Four percent of the exonerations we know about involve misdemeanors (85/2145), and these rare specimens provide hints at what goes on in the uncharted depths of lower criminal courts. Plus, they include dozens of interesting stories.
- Catching Cops Who Lie
Much, perhaps most, of the evidence in misdemeanor cases comes from police officers—who sometimes lie. We know of ten misdemeanor exonerations that turned on discrediting civilian witnesses, mostly in assault cases. A variety of items of evidence that were unavailable or had been excluded at trial did the trick: a statement by the alleged victim that was inconsistent with her testimony, other impeaching evidence, a recantation by a prosecution witness, a new eyewitness to the altercation. However, in the thirteen cases where the defendants successfully discredited the testimony of police officers, only two types of evidence were used: video recordings that showed that the officer lied and evidence that the officer himself had been (or might soon be) charged with serious crimes committed while on duty.
Samuel R. Gross, How Many False Convictions Are There? How Many Exonerations Are There? In Wrongful Convictions And Miscarriages Of Justice: Causes And Remedies In North American And European Criminal Justice Systems, C. R. Huff & M. Killias Eds. [3] (Routledge:March 2013) University of Michigan Public Law Research Paper No. 316. ( . . . Are 10,000 to perhaps 50,000 wrongfully imprisoned citizens too many? Can we do better? How? There are no obvious answers. The good news is that the great majority of convicted criminal defendants in America are guilty. The bad news is that a substantial number are not.)
[1] Summary View, Nat’l Registry Exonerations, [https://www.law.umich.edu/special/exoneration/Pages/ about.aspx] [https://perma.cc/5J6V-VJCW] (last visited Apr. 16, 2018). All references to cases in the National Registry of Exonerations are as of December 31, 2017.
[2] Megan Stevenson & Sandra Mayson, The Scale of Misdemeanor Justice, 98 B.U. L. REV. 731, 737 (2018).
[3] Available at SSRN: Available at SSRN: https://ssrn.com/abstract=2225420
Don Hamrick Reporting on Kensett, Arkansas Corruption 