Difference between revisions of "Fulton Sheriff wrongfully evicts Mother and children"

Fulton Sheriff wrongfully evicts Mother and children (view source)

Revision as of 17:15, 5 February 2023

1,942 bytes added , 17:15, 5 February 2023

→‎Deputies put daughter in patrol vehicle until Mother vacated the home

(username removed)

@@ Line 7: / Line 7: @@
 =Deputies put daughter in patrol vehicle until Mother vacated the home=
-The Honorable Robert E. Flournoy, III,  was appointed to the Cobb County Superior Court bench by Georgia Governor [https://en.wikipedia.org/wiki/Roy_Barnes Roy E. Barnes] on July 14, 2000 and was elected without opposition in 2002, 2006, 2010, 2014 and 2018. He was named "Cobb County Judge of the Year" in 2005 and was the recipient of the "Jimmy Berry Champion of Justice Award" in 2015. Judge Flournoy retired on '''December 31, 2022''' and has since been appointed as a “Senior Judge” of the Superior Courts of Georgia by Governor Brian Kemp. This appointment is of course not without controversy. Under Georgia law, "Senior judge status . . . shall be acquired by a qualified former judge's applying to the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge." ''See'' [https://law.justia.com/codes/georgia/2021/title-15/chapter-1/section-15-1-9-2/ O.C.G.A. 15-1-9.2]. According to Open Records, Judge Flournoy sent his application for Senior Judge status to Governor Brian Kemp's office on '''October 24, 2022'''.<ref>[https://thewikilaw.org/wiki/images/3/3d/Flournoy%2C_Robert_-_Request_-_Cobb_Judicial_Circuit_-_10.24.22.pdf Judge Robert E. Flournoy, III Request For Appointment as Senior Judge]</ref> However, the statute requires an application by a qualified "former" judge and not a judge still presiding during his or her final elected term. That being said, there exists a potential procedural blemish in the initiation of Flournoy's application. Despite this timing issue, Governor Kemp granted Flournoy’s request appointing him as a senior judge on January 4, 2023. Procedural snafu aside, why else might Judge Flournoy lack qualification for senior judge status? To answer that question, perhaps we should understand more about Flournoy’s suspect decisions during his tenure on the bench.
+On January 12, 2023, Fulton County Sheriff Deputies evicted a woman and children without a court order. The home was located in the Country Club of the South at 955 Tiverton Ln., Johns Creek, Fulton County, GA. The Sheriff's Deputies arrived at the home to evict former resident Derrick Jackson pursuant to a Writ of Possession (i.e., court order for eviction) entered by Fulton County Superior Court Judge, Melynee Leftridge on December 21, 2022. The court order did not have anyone else's name on it, not even the common catchall party such as "All Other Occupants." The order named Derrick Jackson and Derrick Jackson ''only'' as the defendant subject to the Writ of Possession. Mr. Jackson was not home when the Sheriffs arrived. Jackson's fiancé refused to leave the home without the Sheriff Deputies producing a court order with her name on it, so the Deputies began to put Jackson's children into patrol vehicles until Jackson's fiancé finally came out of the house. A moving crew began to remove all personal items from the home, including the family safe, which they proceeded to break open and confiscate its contents. What would possess the Fulton County Sheriff's Deputies to take such Constitutionally void actions against a woman and children (whom they should otherwise be protecting)? To answer that question, perhaps the days and events leading up to January 12, 2023 shed light on the sinister motives of both the Fulton County Sheriff's Department and Fulton County Judiciary.
 <br>
-==Fictitious Court Order==
+==The Usual Suspects: Judge Melynee Leftridge and Captain Leon Gates==
+On December 28, 2022, Navigating Justice published the article [[Karma prevails and Recusal Motion ensues]]: ''Fulton Judge circumvents jury in an 'attempt' to distribute over $40K in Registry funds'', which was a moderate success on two major social media platforms, Facebook and Instagram, garnering over 5,000 user engagements. The article explains how Fulton County Superior Court Judge, Melynee Leftridge, entered an order on December 21, 2022 releasing all money held in the Registry of the Court to a plaintiff despite that ownership of over $40,000 of those funds is still left to be determined by the jury.<ref>[https://thewikilaw.org/wiki/images/3/36/Motion_to_Vacate_12-22-2022.pdf Motion to Vacate Order Releasing Funds]</ref> Judge Leftridge further ordered that the defendant, Derrick Jackson, be evicted immediately and further required that Mr. Jackson pay an additional $30,000 into the Registry by December 31, 2022.
+.	Sometime after December 31, 2022 but before January 12, 2023, Leon Gates posted a comment about the above described article stating "Ya'll will believe ANYTHING'. More exchanges took place on Facebook between counsel for Defendant and Leon Gates. As of January 13, 2023, Leon Gates holds himself out on LinkedIn as being a Deputy Sheriff Captain at Fulton County S.O.
+.	Leon Gates has been a public supporter of “Melynee Leftridge Harris” on Facebook, and the judge has publicly expressed her appreciation for Leon Gates’s support, stating specifically: “Thank you so much Captain Gates! I appreciate your support a great deal!!!!”
+.	At least one of the Deputy Sheriffs that evicted Defendant’s family told them that Defendant’s attorney didn’t know what he was doing and that the Sheriffs had a court order allowing them to evict the fiancé and children. At least one of the Sheriff’s Deputies told Defendant’s family member that they had “the judge’s phone number.”
+.	On January 26, 2023, counsel for Plaintiff filed its Plaintiff’s Motion In Opposition To Defendant’s First Motion For Recusal (“Opposition”) (1) arguing the merits of the case, (2) attacking Defendant’s credibility, (3) defending Judge Leftridge, and (4) attacking Defendant’s exercise of Constitutional rights, all with false assertions of fact and without any supporting affidavit(s).
-==The Usual Suspects: Captain Leon Gates and Judge Melynee Leftridge==
 One of Flournoy's most notorious rulings came in 2011 in what may very well be the largest white-collar scandal in Cobb County history. According to an AJC article authored by Margaret Newkirk, Judge Flournoy threw out a 31-count racketeering and theft indictment against former Cobb EMC CEO, Dwight Brown.<ref>[https://www.ajc.com/news/local/judge-throws-out-cobb-emc-indictment-citing-courtroom-accessibility/dEdeHrvTkoBAAnS10xiEQI/ Margaret Newkirk, Judge throws out Cobb EMC indictment, citing courtroom accessibility]</ref> Brown at the time was represented by Barnes Law Group, founded by former governor Roy Barnes who appointed Flournoy to the Cobb County Superior Court bench in 2000. Flournoy based his ruling on testimony that the indictment was not returned in a place open to the public as required under Georgia law.<ref>See Sampson v. State, 124 Ga. 776 (1906); Sellars v. State, 113 Ga.App. 510 (1966).</ref>
 <br>