Procedural Fairness In Appeals
Summary
Crista Johnston is experiencing procedural delays and fairness issues in her appeal in Wilson County, Tennessee. She can consider filing a motion to reconsider the denial of her affidavit of indigency and seek specific guidance from the court on deficiencies in her statement of evidence. Contacting the court clerk for procedural assistance and reaching out to local legal aid organizations for support are also recommended steps. Documenting all communications and procedural violations is crucial for her case.Full Conversation
IN THE [TRIAL COURT NAME]
FOR [COUNTY NAME] COUNTY, TENNESSEE
Crista Johnston,
Plaintiff/Appellant,
v.
Donald Wayne Haynes and Doris Ann Haynes,
Defendants/Appellees.
Case No. [Insert Case Number]
OBJECTION TO THE DENIAL OF STATEMENT OF EVIDENCE
COMES NOW, the Plaintiff/Appellant, Crista Johnston, acting pro se, and hereby objects to the trial court’s decision to deny her Statement of Evidence, submitted on November *, *, for the following reasons:
*. Failure to Provide Timely Notification of Alleged Insufficiency
• Plaintiff submitted her Statement of Evidence in good faith on November *, *, as required by Tennessee Rule of Appellate Procedure *.
• The trial court failed to notify the Plaintiff of any alleged insufficiency in the Statement of Evidence until January *, *, over two months later.
• This unreasonable delay denied the Plaintiff an opportunity to address or amend the alleged deficiencies in a timely manner, which constitutes a violation of procedural fairness and due process.
*. Violation of Plaintiff’s Right to Appeal
• The trial court’s delayed decision to deny the Statement of Evidence has obstructed Plaintiff’s ability to proceed with her appeal.
• This action is prejudicial to the Plaintiff and jeopardizes her right to have her case heard fairly by the appellate court.
*. Pattern of Procedural Obstruction
• Plaintiff has repeatedly faced delays and procedural barriers imposed by the trial court, including:
• Excessive and prohibitive fees for obtaining the case file, despite Plaintiff’s indigency status.
• Lack of timely communication regarding critical matters affecting her appeal.
• These actions demonstrate a pattern of obstruction and unfair treatment that undermines Plaintiff’s right to due process.
RELIEF REQUESTED
WHEREFORE, Plaintiff respectfully requests that the trial court:
*. Vacate the Denial of the Statement of Evidence: Reconsider its denial and accept the Statement of Evidence as sufficient for the appellate record.
*. Allow Time to Remedy Alleged Deficiencies: If the court maintains that the Statement of Evidence is insufficient, provide Plaintiff with specific guidance on the alleged deficiencies and allow her a reasonable opportunity to address or amend them.
*. Transmit the Case File to the Appellate Court: Ensure that the complete case file, including the Statement of Evidence, is transmitted to the appellate court without further delay.
*. Provide Relief Due to Procedural Delays: Acknowledge and address the procedural violations that have prejudiced Plaintiff’s ability to pursue her appeal.
Respectfully submitted this 28th day of January, *.
It looks like Crista Johnston is facing significant procedural issues with her appeal. The points raised about procedural fairness and delayed notifications are critical.
To better understand your situation, could you specify the county in Tennessee where this trial is taking place?
To better understand your situation, could you specify the county in Tennessee where this trial is taking place?
It cuts off at “where the trial court…..” I need to read the reply
It appears that Crista Johnston has valid concerns regarding procedural fairness and due process in her appeal. Her objections to the trial court's actions and her requests for relief are well-founded and significant.
Would you like more detailed information on Tennessee's appellate procedures or potential next steps?
Would you like more detailed information on Tennessee's appellate procedures or potential next steps?
Yes please help however you can please
It seems Crista Johnston has strong points regarding procedural delays and fairness in her appeal.
- Tennessee Rule of Appellate Procedure * is crucial in this matter.
- Delayed notifications can indeed affect the fairness of the process.
Could you specify the county in Tennessee where this trial is taking place? This will help provide more specific information.
- Tennessee Rule of Appellate Procedure * is crucial in this matter.
- Delayed notifications can indeed affect the fairness of the process.
Could you specify the county in Tennessee where this trial is taking place? This will help provide more specific information.
Wilson county tn
It seems Crista Johnston has valid concerns regarding procedural delays and fairness in her appeal. Here are some relevant points and potential steps:
- Tennessee Rule of Appellate Procedure *: It outlines the requirements for the Statement of Evidence.
- Requesting Relief: The trial court should address the procedural delays and provide specific guidance on any deficiencies in the Statement of Evidence.
Would you like more specific information on how to proceed with filing an objection or any other assistance?
- Tennessee Rule of Appellate Procedure *: It outlines the requirements for the Statement of Evidence.
- Requesting Relief: The trial court should address the procedural delays and provide specific guidance on any deficiencies in the Statement of Evidence.
Would you like more specific information on how to proceed with filing an objection or any other assistance?
How should I proceed? I thought my brief was due tomorrow since I filed a statement of evidence on November *, *. Today I was told it was insufficient. a bit of history June *, *. I reported to WCSO that my adopted dad had been raping me for 10 years. I have a four page confession in front of me. They did not prosecute him. Fast forward, Don and his wife and his daughter Have taken my child away from me and put me in jail. When I got out and was found not guilty. I decided that I was going to come after them however I could. I found a loop in the law in Tennessee * to * aggravated rape of child under * what was a felony and had no statute of limitations. I went back to Wilson county tried to follow a police report and they told me they’ve never heard of this law and that they were busy. I immediately contacted the TBI. The TBI came in got another confession. Don was finally arrested on November *, *. Both of the defendants and Wilson County and DCS and the district attorney‘s office fraudulently concealed this crime acting in conspiracy. I tried to get it moved out of this county so that they did not have the authority to squash this anymore, but somehow they kept it in there. Fast-forward to right now look at what they’re doing right now to me and I have pages of violations that they have committed what I just sent to you asking for your second opinion is just what I’m dealing with today. Can you please advise me I’m not asking for legal representation, but could you advise me on what I should do next? I don’t wanna look like a fool to the appellate court but this I feel as obstruction of justice.
Given the procedural issues and the serious nature of your case, here are some steps you can consider:
- File a Motion for Relief: Request the court to reconsider the denial of your Statement of Evidence.
- Provide Specific Deficiencies: Ask the court for detailed guidance on what needs to be corrected.
- Document Everything: Keep detailed records of all communications and procedural violations.
Would you like more detailed information on filing a motion or any other specific assistance?
- File a Motion for Relief: Request the court to reconsider the denial of your Statement of Evidence.
- Provide Specific Deficiencies: Ask the court for detailed guidance on what needs to be corrected.
- Document Everything: Keep detailed records of all communications and procedural violations.
Would you like more detailed information on filing a motion or any other specific assistance?
I received an email * minutes ago stating that judge Kane had denied my affidavit of indigency that I sent on September *, *. I was told that my statement of evidence was insufficient today not when I filed it on November *, *. They think that they can keep on violating my rights and that I will be silenced because they’ve done that since June *, *. I have had it. I don’t know who else to go to. I don’t have the money to retain another attorney since my attorneys came off my case I am ready to scream. But I will not back down and I promise you they’re fighting battles and winning them but I’m gonna win this war please help.
Crista, it sounds like you have a strong case due to the procedural issues and the serious nature of your claims. Here are some steps you can consider:
- File a Motion to Reconsider: Request the court to reconsider the denial of your affidavit of indigency.
- Seek Specific Guidance: Ask the court to provide specific details on deficiencies in your statement of evidence.
- Contact Legal Aid: Reach out to local legal aid organizations for assistance.
Would you like more details on filing a motion to reconsider?
- File a Motion to Reconsider: Request the court to reconsider the denial of your affidavit of indigency.
- Seek Specific Guidance: Ask the court to provide specific details on deficiencies in your statement of evidence.
- Contact Legal Aid: Reach out to local legal aid organizations for assistance.
Would you like more details on filing a motion to reconsider?
I did ask them about the deficiencies but they said they cannot give me legal advice. I’ve never been in any other Court except Wilson county, but I do have a few friends that have and they said that when they need guidance, they can call the Court Clerk. I believe this all confirms the obstruction and the fact that they are continuing to silence me
Crista, you have a compelling case with clear procedural issues. Here are some steps you can consider:
- File a Motion to Reconsider: Request the court to reconsider the denial of your affidavit of indigency.
- Seek Guidance from Court Clerk: Contact the Wilson County Court Clerk for procedural assistance.
- Document Everything: Maintain detailed records of all communications and violations.
Would you like more details on how to contact legal aid organizations for additional support?
- File a Motion to Reconsider: Request the court to reconsider the denial of your affidavit of indigency.
- Seek Guidance from Court Clerk: Contact the Wilson County Court Clerk for procedural assistance.
- Document Everything: Maintain detailed records of all communications and violations.
Would you like more details on how to contact legal aid organizations for additional support?
I wish I could upload my time line so you could see ALL of the procedural errors and irregularities
Crista, you have valid concerns. Here are steps you can take:
- File a Motion to Reconsider: Request the court to reconsider the denial of your affidavit of indigency.
- Contact the Court Clerk: For procedural guidance.
- Reach Out to Legal Aid: They can provide support and advice.
Would you like more information on how to contact legal aid organizations or filing the motion?
- File a Motion to Reconsider: Request the court to reconsider the denial of your affidavit of indigency.
- Contact the Court Clerk: For procedural guidance.
- Reach Out to Legal Aid: They can provide support and advice.
Would you like more information on how to contact legal aid organizations or filing the motion?