SUPREME COURT OF OHIO. Case No. i COMPLAINT. Pataskala a municipal city, self government conferred under the. of the State of Ohio.

Transcription

1 1p. Thomas Branham Sr., Plaintiff, SUPREME COURT OF OHIO Case No. i vs. Steve Butcher, Mayor, City of Pataskala 621 West Broad St. Pataskala, OH Defendants Teresa Liston 40 West Main Newark, OH. ^ COMPLAINT LED MAY 01?013 CLERK OF COURT SUPREME COURT OF OHIO Pataskala a municipal city, self government conferred under the Constitution and statures of the State of Ohio. Operates mayor's Court under Chapter 1905 hearing traffic violations and violations of ordnance of Municipal Corporation 4510:14 and 4510:16 of the revised code of law. Dianne Harris, Director of Planning under the authority by Steve Butcher, falsely issued a minor misdemeanor citation with false information, ordering me into Mayor's Court. or's Court before magistrate Charles Kelsey (hereditary) not elected by the In May people. Awarded a jury trial to be transferred to Newark Municipal Court for a hearing before a jury. As leaving the parking lot Plaintiff was approached by the court bailiff said he was sent to arrest plaintiff, I asked what for?, he said he did not know, only bring plaintiff

2 back into court, he installed handcuffs and marched plaintiff back into court. Reentering the court the magistrate had plaintiff set in the back of the court, until three police officers came and changed the handcuffs and marched plaintiff to the front door, searched my pockets, emptied, and put in the cruiser with the windows rolled up and no air conditioning on. The outside temperature was ninety-six degrees. One officer was stationed at the rear of the cruiser and two went back into court. Having a breathing problem I began to choke, the officer opened the door and asked what was the problem, he said he had seen me squirming. I explained that I had a breathing problem and asked for the window to be rolled down. He replied, he could not. The other two officers came out and they talked, and went back into court. The officer rolled the windows down and got into the front and filled out the paperwork, the other two officers came out again and he told them he was ready to go, the other two officers went back into the court and came out again, said the magistrate wanted me brought back into court, where he said he was not going to do what he could do and I would be brought back on contempt charges and said I release him. Case No 12CRB01411 in Newark Municipal Court was assigned to Judge Teresa Liston, not elected by the people or amenable to the people, knew the case had been transferred from Pataskala for a jury trial and knew that plaintiff being a natural born citizen of the United States and had certain rights protected by the Constitution. Judge Liston indicated the Ohio State Constitution supersedes and I was not eligible for a jury trial for there was no jail time required, just $ dollars fine and violated plaintiff's rights for a jury trial.

3 Pataskala hired an assistant zoning inspector Casey Kesman, mailed eight citations to property plaintiff owns at 127 Cypress Street, claiming the property was in violation of City of Pataskala Codified Ordinance junkyard collection center prohibited. All letters were mailed November 26, Four via regular mail and four via certified mail. Thomas E. Branham Sr. 605 Keltonhurst Drive Pataskala, Ohio 43062

4 ^r. THE SUPREME COURT OF OHIO Supporting Complaint I am 78 years old and started working in the sign industry in 1954 and opened Branham Sign Company in 1967 as legislators were working to establish zoning, which were without guidelines and Setup area commissions and other special interest groups. The revised code of laws of protected these groups in Rule 55D no judgment by default shall be entered against this state, a political subdivision or officer in his representative capacity or agency of either unless the claimant established satisfactory to the court. (This is impossible to accomplish) and gave employees of development department an attitude, if you don't like it sue me. In 1999 I relocated the business to the City of Pataskala and have been harassed by the City from day one. I was arrested inside my building in 1999 in violation of my constitutional rights, I was fined $ dollars 10 days in jail plus court cost by Mayor Bruce Baird with jail time suspended and $ dollars of the fine. I had the case appealed to Licking County Common Pleas Court and the Judge issued an order for the money to be returned.. I was ordered into Mayors Court October 8, 2006 on a Sunday. A bench warrant was issued for my arrest. Four days before Christmas at night Police Chief Forshey went to my daughter's house looking for me or my whereabouts, later that night Amber Runyon (a ward that lived with us) was stopped on Mink Road and Forshey demanded she tell where I was, he explained the trouble she could be in for withholding information. Forshey left a FTD Florist could not deliver card on my door with a phone number to arrange for another delivery. In a telephone conversation I told Forshey I said I would come in after the holidays and ask him to check the citation and warrant for they did not have court on Sunday's and call me that ended the matter.

5 ta June 12, 2012 Planning Director Dianne Harris issued a minor misdemeanor citation on my property 8982 Mink Street Etna Township, not Pataskala. She claimed to have personally served the citation, it was delivered by US Mail to 8982 Mink Street to appear in Mayors Court June 28, June 28, 2012 I appeared before Magistrate Charles Kelsey who gave instruction for a jury trial, the case would be transferred to Newark Municipal Court. The case was transferred June 29, was leaving the parking lot when the bailiff approached my car and said he had come to arrest me, I asked what for?, he said he did not know just to bring me back into court. I was set in the back of court in handcuffs until three police officers came and changed the cuffs and I was escorted to the front of the building, searched, pockets emptied and piaced in the rear of the cruiser. Two officers went back into the court with officer Wisniewski posted at rear of the cruiser. The outside temperature was 96 degrees and I began to choke, the windows were rolled up, no air conditioning on and the motor not running. Officer Wisniewski opened the door and said he saw me squirming and asked what was the problem. I said I have a breathing problem and need air, for I was beginning to choke. I asked to roll down the window, he stated he could not. He did go to the other side and rolled the window down about two inches. The other two officers came out and talked with Wisniewski and went back into court.. Officer Wisniewski rolled the windows down and got in the cruiser and did the paper work to transfer me to jail. The other officers came out and he told them he was ready to go. The other officers went back into court and came out again and said the magistrate wanted me brought back into court. He said he was not going to do to me what he could do, and I would be brought back on contempt charges and I was released. July 13, received a letter from Barrjone and Associates saying they had seen it in public records and they could represent me. The case became public records July 19, 2012 for arraignment July 30, Excessive material and debris in the yard. It did not disclose the accuser or location. I appeared in David N. Stansbury's court July 30, 2012 watched a video, and then the judge came in and said if we requested a jury trial ten days before the hearing it would be granted, and if a transcript was requested a stenographer would be brought in at an additional cost. I received a court

6 order Case No 12CRB01411 City of Pataskala vs. Branham Thomas E Junk yard & Collection Center prohibited General Requirements of the M-1 District, Hearing Date August 22, 2012 type bench Judge Higgins Court. I filed four days later for a jury trial with a request for stenographer transcript, certified the letter to Judge Stansbury why I was not having a jury trial. His reply was the State of and Ohio vs Thomas E Branham, charges not carrying a potential jail sentence do not provide a right to a jury trial there are numerous reasons why all fifty state have adopted this rule, not the least of which is that the United States Supreme Court has decided that the Constitution does not require it. Articles in Addition to, and in amendment of, the Constitution of the United States of America. Article VII in suites at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, in no face tried by a jury, shall be otherwise reexamined in any court of The United States, than according to the rules of the common law. Pataskala minor misdemeanor citation is one-hundred and fifty dollars plus court cost. Licking County Municipal Court transcript was by Carol Hall, employee of the court. I paid $ by check to Carol Hall as directed only to find she did it from a disk and altered the on the arraignment hearing. The transcript did revel substitute Judges for arraignment transcript Judge Fias for Stansbury and Teresa Liston for Higgins. Judge Fias and Judge Liston are not elected, they are appointed part time by the General Assembly to travel and hear cases to protect elected Judge where they have no magistrate. The Municipal Court system is not of the United States Constitution. Teresa Liston knowing and for a fee violated my right of the United States Constitution. Liston does extensive teaching for judicial and legal training programs throughout the U.S. and has designed and taught courses in twenty-four states for judges, lawyers, and court personnel on topics related to ethics trial procedure, evidence, and court administration corrupting our justice system. The Cit of Pataskala has no respect for the people's constitutional right in the United States Y Constitution. Charter of Pataskala- in order that we may have the benefits of municipal home rule and exercise

7 . I Y all of the powers of local self-government conferred under the Constitution and statutes of the State of Ohio, we, the citizens of the City of Pataskala, Ohio, do hereby adopt this charter for our municipality. On February 4,2013 I appeared before Council and ask for an investigation as to why I was arrested and detained in the back of a cruiser. Councilman Fox asked Law Director Rufus Hurst to investigate, he refused saying he conspired with the magistrate to arrest me. On March 4, 2013 I asked Council President Hayes if Council had the power to have the investigation done and he would not open his mouth to answer. homas E. Branham Sr. 605 Keltonhurst Drive Pataskala, Ohio T- Sworn to, or affirmed, and subscribed in my presence this - day of Y-Yl, 20_1^; iant 7!o ^ Publ c ^p+^ ^4e^Qhip MyCommission Expires: