Under the Dome

Post-election reshuffling of cases at N.C. Court of Appeals

There’s an unexpected reshuffling of the calendar at the state Court of Appeals. All of the hearings that were scheduled for next week (the week beginning Nov. 26) have been postponed, to be re-scheduled later.

Word is it’s because Judge Cressie Thigpen lost his bid for re-election this month. He was the only judge among the three incumbents running who lost. Thigpen will be replaced by Chris Dillon in January.

Some attorneys are upset because the cancelations force them to reshuffle cases that are already on track.


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Court of Appeals Charade Update; Witch Hunt Update

There are fifteen (15) ELECTED and sitting judges, and four (4) emergency judges, on the NC Court of Appeals, all sitting and ready for the dispatch of business; and the loss of just one of them was such a traumatic upheaval, such a catastrophic event and a calamity on that august body of brahmins and aristocrats, that loss of one judge has thrown the entire organization into chaos.

Meanwhile, an order to show cause is now on the Buncombe County District Court no.4 calendar for December 13 on the witchhunt NCGS 50C order, now lingering in limbo in the Court of Appeals. See Grist vs. Smith, No. COA12-488.

Hell hath no fury like this angry plaintiff, and the mob of dark forces who are her sponsors, lawyers, manipulators. The affidavit filed by plaintiff, Martha Elizabeth Grist, is the third in a series of false and malicious affidavits, two orders to show cause already having been dismissed.

The matter was first set for hearing in early November, magically just two days before the 50C order expired by law. The defendant -- that would be me -- appeared and requested that the matter be continued until the Court of Appeals ruled on the 50C order, which the Court of Appeals clerk promised would be the week of November 26, and on ONE brief, not an oral argument.

So you can understand why I would be curious whether the postponement of all the cases from the calendar of the Court of Appeals from November 26 to January, and skeptical of such an absurd excuse, since it appears the postponement is just more of the same skulduggery I have been defending myself against, and all alone without a lawyer, now for more than a year. You can find the entire record in the court of appeals and my brief at buncyblawg.  Dot com.

Post-election reshuffling of cases at N.C. Court of Appeals Rea

Ms. Lisa Grafstein, you appear to be quite wrong. Here is the message sent by the Court of Appeals: Mr. Smith, This is to notify you that this matter and all other cases on the 11-26-2012 calendar will be rescheduled to a later date as soon as possible.[end]
Having received that message I called the CofA the following morning and spoke with the clerk, John Connell, who gave as the ridiculous excuse that one of the judges had been defeated in the election. I then asked him to what date would the appeals be postponed, and he said "January" which in my case spells impending DISASTER. I am sure you have heard the expression, "Justice delayed is justice denied."

Dont try to confuse them

Don't confuse the N&O reporters with pesky little things like the truth or facts, it may interfear with their version of the story.  Since they have no real investigative reporters they have to rely on fiction writers to fill up the empty space.  This time next month they will not have to worry about that as no one will be reading it.


If Judge Thigpen heard these cases, his replacement would not decide them next year; instead, the cases would need to be decided prior to the end of Judge Thigpen's term - a much tighter turnaround than usual.  That is presumably why the hearings are being rescheduled. 

Also, you might want to check on exactly what arguments are postponed -- this should only affect Judge Thigpen's panel and not any others that may be scheduled. 

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