Tag Archives: Monday February 9 2015

Henry D. “Butch” Binford, Circuit Judge, 20th Judicial Circuit Court of Houston County, (Civil Division, Dothan) Alabama, invited to ALTER or AMEND his NOVEL LEGAL THEORY Judgment, Monday, March 27, 2017 (3/27/2017) 9:50:07 AM (38-CV-2015-900261.00)


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Unified Judicial System

State of Alabama

AlaFile E-Notice

38-CV-2015-900261.00

To: Jerry Michael Blevins
ATTYJMBlev@LawOfficeOfJerryMBlevins.com

Judge: Henry D. “Butch” Binford

NOTICE OF ELECTRONIC FILING

In the Circuit Court of Houston County, Alabama

Plaintiff

v.

Brian Ralph Beasley

38-CV-2015-900261.00

The following matter was Filed on 3/27/2017 9:50:07 AM

C001

Motion to Vacate or Modify

[Filer: Blevins Jerry Michael]

Notice Date: 3/27/2017 9:50:07 AM

Carla H. Woodall
Circuit Court Clerk
Houston County, Alabama
P.O. Drawer 6406
Dothan, AL 36302
334-677-4859
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DOCUMENT 51

In the Circuit Court of Houston County, Alabama

Plaintiff

v.

Beasley Brian Ralph
Defendant

Civil Action No.: CV-2015-900261

MOTION TO ALTER OR AMEND JUDGMENT

COMES NOW the Plaintiff, by and through his undersigned counsel, and respectfully moves the Court to alter or amend the judgment previously rendered in this cause, and in support thereof says as follows:

Relevant Procedural History

1. On May 12, 2015, Plaintiff filed his Complaint in this cause seeking damages stemming from an assault and battery committed on his person by Defendant on or about February 9, 2015

2. On July 2, 2015, Defendant filed his answer

3. On February 21, 2017, a bench trial occurred at which Defendant failed to attend in-person or through counsel

The only testimony presented at trial was Plaintiff’s, which was uncontroverted by other admissible evidence

4. On February 23, 2017, the Court rendered a final judgment in favor of Defendant

Discussion

5. Plaintiff contends that pursuant to Rule 55, Ala.R.Civ.P., because Defendant failed to appear at trial in-person or through counsel, he was entitled to a default judgment against Defendant on the assault and battery claim

See Seventh Wonder v. Southbound Records, Inc.,

364 So.2d 1173 (Ala. 1978)

(A party who fails to appear on the day the case is set for trial is in default);

and

Cassioppi v. Damico,

536 So.2d 938 (Ala. 1988)

(A judgment entered after one party fails to appear at trial is treated as a default judgment)

6. Plaintiff further contends that because his trial testimony was uncontroverted by other

1
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admissible evidence, he was entitled to an award of damages stemming from the assault and battery

7. Plaintiff contends the Court erred in not granting him a judgment, and in not awarding appropriate damages, on the assault and battery claim

WHEREFORE Plaintiff requests that the Court alter or amend the judgment previously entered in this cause, and grant him a default judgment against Defendant, and award him damages in the sum of $30,000.00, on the assault and battery claim, for the reasons set forth herein

Jerry M. Blevins
(BLE003)
Attorney for Plaintiff

OF COUNSEL:
Law Office of Jerry M. Blevins
Carr, Riggs and Ingram Building
7550 Halcyon Summit Drive, Suite 100
Montgomery, Alabama 36117
(334) 262-7600 (Voice)
(334) 262-7644 (Fax)
E-Mail: ATTYJMBlev@LawOfficeOfJerryMBlevins.com

2

Filing
_________________________________________________
DOCUMENT 51

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing upon:

Mr. Brian Ralph Beasley
368 Hanchey Field Road
Daleville, Alabama 36322

via electronic transmission and / or by depositing a copy of the same in the U.S. Mail, postage prepaid this 27th day of March, 2017

Jerry M. Blevins
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Alabama Rules of Civil Procedure (ARCP) VII. JUDGMENT Rule 55.
………………………………………………..
(a) Entry
(b) Judgment
(1) By the Clerk

Committee Comments on 1973 Adoption

The rule eliminates the requirement of notice prior to entry of judgment by default when the default arises from failure to appear on the day the case is set for trial

Rule 55(a) authorizes the clerk to enter defaults upon the civil docket when the party fails to plead or otherwise defend
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Seventh Wonder v. Southbound Records, Inc.
364 So. 2d 1173
(Ala. 1978)
77-602
………………………………………………..
Alabama Supreme Court

December 1, 1978
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http://www.ecases.us/case/ala/c1102643/wonder-v-southbound-records-inc
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(A party who fails to appear on the day the case is set for trial is in default)
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https://www.courtlistener.com/opinion/1102643/wonder-v-southbound-records-inc/
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http://law.justia.com/cases/alabama/supreme-court/1978/364-so-2d-1173-1.html
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Cassioppi v. Damico
536 So. 2d 938
(Ala. 1988)
87-965
………………………………………………..
Alabama Supreme Court

November 18, 1988
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https://www.courtlistener.com/opinion/1932665/cassioppi-v-damico/
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(A judgment entered after one party fails to appear at trial is treated as a default judgment)
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https://casetext.com/case/cassioppi-v-damico
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Henry D. “Butch” Binford, Houston County Circuit Court, 20th Judicial Circuit Judge, Dothan, Alabama (since February 12 2008) Huntingdon College (@HuntingdonColl) University of Alabama School of Law (@UALawSchool) former Veteran Prosecutor, in the Assault and Battery Civil case: Plaintiff v. Brian Ralph Beasley, Defendant (of Daleville, Dale County, Alabama) WHO FAILED TO APPEAR on the DAY the CASE (38-CV-2015-900261.00) WAS SET FOR TRIAL (February 21 2017) on February 23, 2017, espoused a NEW LEGAL THEORY when he ENTERED JUDGMENT for the DEFENDANT CONTRARY to Alabama Rules of Civil Procedure (ARCP) VII. JUDGMENT Rule 55: The rule eliminates the requirement of notice prior to entry of JUDGMENT BY DEFAULT when the DEFAULT arises from FAILURE TO APPEAR on the day the case is set for trial
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http://wp.me/p5tuFO-1rB
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Every Man an Attorney: Dothan, Alabama, Stalking Wannabe Jailhouse Lawyers

Houston County AlabamaEvery Man an Attorney: Dothan, Alabama, Stalking Wannabe Jailhouse Lawyers
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There seems to be an unending plethora of wannabe jailhouse lawyers in Dothan, Alabama, who think they know what “stalking” is

It doesn’t matter if they’re a law enforcement officer, city employee, private investigator, or high school graduate, but there’s one thing for certain – none of them are attorneys, lawyers, judges, state legislators, law professors, or people with a Masters Degree in English

Some of them seem to think that “stalking” is when a person is proceeding in a certain direction, and another person is behind them moving in a direction which might eventually intersect with the first person’s direction of travel, no matter if they’re one centimeter away, or exactly half the circumference away, of planet Earth

They probably would read the Alabama stalking law as:

“A person who intentionally and repeatedly follows another person”

or

“A person who intentionally and repeatedly harasses another person”

But that is NOT the Alabama stalking law

The Alabama stalking law is:

“A person who intentionally and repeatedly follows or harasses another person AND … ”

“AND” what❓

“AND who makes a threat

(either expressed or implied)

with the intent to place that person in

reasonable fear of

DEATH

or

SERIOUS BODILY HARM”

DEATH or SERIOUS BODILY HARM⁉️

Now THAT’s pretty serious‼️

So, “stalking” is NOT:

1. Intentionally following another person

2. Repeatedly following another person

3. Intentionally harassing another person

4. Repeatedly harassing another person

5. Intentionally and repeatedly following another person

6. Intentionally and repeatedly harassing another person

Now, if an Alabama law enforcement officer wants to LIE to you in the performance of their duties as part of an investigation, and try to convince you that “stalking” is one of 1 through 6, above, they can claim that the Supreme Court of the United States has authorized them to LIE to you

But that’s why you can ignore the police, refuse to speak to them without an attorney present, and practice your Constitutional right to “FREEDOM FROM SPEECH”

Unless a person can provide some proof that they had a:

“reasonable fear of

DEATH

or

SERIOUS BODILY HARM”

which is somewhat hard to do if that person:

A) On Thursday, January 15, 2015, voluntarily gets into the vehicle of the person they claim is “stalking” them

B) On Thursday, January 15, 2015, voluntarily goes to Kentucky Fried Chicken with the person they claim is “stalking” them

C) On Thursday, January 15, 2015, voluntarily goes to the residence of the person they claim is “stalking” them

D) On Thursday, January 15, 2015, voluntarily writes on an envelope in the possession of the person they claim is “stalking” them

E) On Friday, January 16, 2015, voluntarily goes to Best Buy with the person they claim is “stalking” them

F) On Friday, January 16, 2015, voluntarily goes to Target with the person they claim is “stalking” them

G) On Friday, January 16, 2015, voluntarily asks for a phone from the person they claim is “stalking” them

H) On Friday, January 16, 2015, voluntarily takes a pre-programmed phone from the person they claim is “stalking” them

I) On Friday, January 16, 2015, voluntarily asks the person they claim is “stalking” them to drop them off some distance from where they supposedly reside, in the general area of where they voluntarily got in the vehicle on Thursday, January 15, 2015, of the person they claim is “stalking” them

J) On Friday, January 16, 2015, voluntarily texts the person they claim is “stalking” them

K) On Monday, February 9, 2015, voluntarily calls and leaves a voicemail to the person they claim is “stalking” them, which is played back for law enforcement

L) On Monday, February 9, 2015, voluntarily meets the person they claim is “stalking” them in a Wal*Mart parking lot where they are caught on security cameras, which is reported to law enforcement

ad nauseam

but then again, I’ve heard that a sucker’s born every minute
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(a) A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree
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ALA CODE § 13A-6-90 : Alabama Code
2012 Code of Alabama
Title 13A – CRIMINAL CODE
Chapter 6 – OFFENSES INVOLVING DANGER TO THE PERSON
Article 5
………………………………………………..
AL Code § 13A-6-90 (2012)

Section 13A-6-90

Stalking in the first degree

(Acts 1992, 2nd Ex. Sess., No. 92-675, p. 54, §1; Act 2012-380, §2.)
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http://law.justia.com/codes/alabama/2012/title-13a/chapter-6/section-13a-6-90
………………………………………………..
2012 Code of Alabama
Title 13A – CRIMINAL CODE
Chapter 6 – OFFENSES INVOLVING DANGER TO THE PERSON
AL Code § 13A-6-90.1 (2012)

Section 13A-6-90.1

Stalking in the second degree

(a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person’s immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree

(Act 2012-380, §3.)
………………………………………………..
AND the PERPETRATOR WAS PREVIOUSLY INFORMED TO CEASE THAT CONDUCT
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http://law.justia.com/codes/alabama/2012/title-13a/chapter-6/section-13a-6-90.1
………………………………………………..
Constitutionally protected conduct is not included
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http://statelaws.findlaw.com/alabama-law/alabama-stalking-laws.html
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http://www.aardvarc.org/stalking/states/alst.shtml
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http://www.esia.net/State_Stalking_Laws.htm
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http://myalabamadefenselawyer.com/criminal-charges/harassment-and-stalking/
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http://www.the-upper-hand.com/2011/05/tracys-law-alabama-state-bill-proposed.html?m=1
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http://whnt.com/2012/06/06/tracys-law-on-the-books-expands-definition-of-stalking-in-alabama/
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If You Have Ever Done This To A COP – SHAME
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https://backassardalabama.wordpress.com/2015/01/08/if-you-have-ever-done-this-to-a-cop-shame/
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