justice4nifong: NC Office of Administrative Hearings: Ex Mero Motu Order for Supplemental Briefs

Sunday, August 20, 2023

NC Office of Administrative Hearings: Ex Mero Motu Order for Supplemental Briefs

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Anonymous said...: If you had fixed the service months ago when the issue was clearly pointed out to you, you wouldn't be having this issue. This is 100% your fault.; October 1, 2023 at 7:05 AM
kenhyderal said...: Nonsensical, manufactured, obstacles, put in place to thwart. It's the good old American Justice System, there at work, designed to perpetuate a lucrative, unfair, system that's designed to serve those who can pay and discourage those who can't. Sickening. As with everything in America, reform is long overdue; Justice System, Health Care System, Education System, Immigration, Gun control, Electoral reform, Election financing reform, Police reform, and frightenly, Democracy even itself.; October 1, 2023 at 8:58 AM
Anonymous said...: Kenny - I take it didn’t reach out to the Wrongful Convictions Clinic, NCCIW, or Shan Carter.
You’re here bi*ching about stuff, when you could have been doing something for CGM.

With friends like you, CGM doesn’t need enemies.; October 1, 2023 at 1:37 PM
Cousin Kenny Supporter said...: Right on Cousin Kenny.; October 1, 2023 at 3:14 PM
Anonymous said...: What's the latest on the Writ for Coram Nobis?

Did the judge's order here have any effect on that project?

Prince Humperdink pointed out that that document states it was done "with the assistance of her advocate and fiancé Sidney B. Harr, M.D."; October 2, 2023 at 7:19 AM
Anonymous said...: Sid also states in that Writ of Coram Nobis document:
He drafted the 20 admissions
He filed on behalf of Mangum he filed a motion for request of admissions
He refiled Mangum's civil lawsuit; October 2, 2023 at 7:27 AM
Tyrone Rugen said...: Oh Kenny -- you poor Andy Kaufman wannabe.

What next? Personal hygiene videos?; October 2, 2023 at 2:56 PM
Bremerton Born and Raised said...: kenhyderal,

You continue to be a source of inspiration for all of your friends in Bremerton.; October 3, 2023 at 5:17 AM
Anonymous said...: Kenny -- Did you get a response from NCCIW regarding your questions about their law library?

What did they say?; October 3, 2023 at 3:23 PM
kenhyderal said...: @ Tyrone: I'm not really familier with the actor/commedian Andy Kaufman so I'm uncertain as to why you would conclude I'd like to be like him and why that would elicit pity from you. Can you enligten me?; October 4, 2023 at 10:02 AM
Anonymous said...: Sid -- Did you check your post office box and find a self-addressed/stamped envelope sent from the Sheriff's Office yet?; October 4, 2023 at 12:35 PM
THE GREAT KILGO said...: KENHYDERAL:

I HAVE THE INFORMATION ABOUT THE PARTY. WHY WON’T YOU CONTACT ME?; October 4, 2023 at 5:52 PM
Bremerton Born and Raised said...: kenhyderal,

Who is THE GREAT KILGO?; October 5, 2023 at 5:35 AM
Anonymous said...: "I'm not really familier with the actor/commedian Andy Kaufman..."

I think that's about the worst thing I've ever heard.

[pause]

How marvelous.

At a period in his career, Andy Kaufman was "wrestling" (there's a famous video of him and a professional wrestler on the David Letterman show), and he would send these videos to the wrestling fans in Memphis Tennessee about "bringing [them] up from the level [they're] in now..."

Your little rant about the "good old American Justice System" reads like a poor attempt at copying the style of these videos.

Honestly, if anyone out there hasn't seen any of the videos, just google "Andy Kaufman wrestling".; October 5, 2023 at 7:03 AM
Nifong Supporter said...: Anonymous Anonymous said...
What's the latest on the Writ for Coram Nobis?

Did the judge's order here have any effect on that project?

Prince Humperdink pointed out that that document states it was done "with the assistance of her advocate and fiancé Sidney B. Harr, M.D."

October 2, 2023 at 7:19 AM

Hey, Anony.

Judge O'Foghludha has neither ruled upon nor assigned to another judge the Motion for Writ of Coram Nobis as of September 28th when I last checked.

To my knowledge, the Order of August 28th by Administrative Law Judge Linda F. Nelson (of which I am assuming you refer) has had no influence on the Durham Senior Resident Superior Court Judge O'Foghludha... nor would I expect it to.; October 5, 2023 at 7:24 AM
Nifong Supporter said...: Anonymous Anonymous said...
Sid also states in that Writ of Coram Nobis document:
He drafted the 20 admissions
He filed on behalf of Mangum he filed a motion for request of admissions
He refiled Mangum's civil lawsuit

October 2, 2023 at 7:27 AM

Hey, Anony.

Your point being?; October 5, 2023 at 7:28 AM
Nifong Supporter said...: Anonymous Anonymous said...
Sid -- Did you check your post office box and find a self-addressed/stamped envelope sent from the Sheriff's Office yet?

October 4, 2023 at 12:35 PM

Hey, Anony.

I did find the self-addressed/stamped envelope in my post office box on Wednesday, October 4th, and I sent it by first-class mail to the Federal Courthouse clerk... preferring to avoid angst by manually delivering it. The estimated date of arrival was Friday, but there were no guarantees.; October 5, 2023 at 7:34 AM
dhall said...: Dr. Harr - Wouldn't your sending the documents to the federal courthouse clerk violate the Sep. 11th court order?

It states:
"The court DIRECTS the clerk not to accept any more filings from Harr in this action. Mangum shall have until October 6, 2023, to file proof of service on defendants in accordance with Federal Rule of Civil Procedure 4(l), and must file the proof of service herself, not with Harr's assistance."

What happens if the clerk can't accept these documents?; October 5, 2023 at 8:43 AM
dhall said...: Dr. Harr -- I think Anonymous @October 2, 2023 at 7:19 and 7:28 was pointing out the things you'd done for the Writ of Coram Nobis that would appear to violate the court order written by Judge Dever in the Mangum v. Aurelius case in the US District Court -- not the August 28 Order from Judge Nelson.

Would the court order from Judge Dever influence any action by Judge O'Foghludha? I couldn't say -- but I wouldn't be surprised if it did.; October 5, 2023 at 12:37 PM
Anonymous said...: You know what happens DHall ... Sid and Kenny whine, whine, whine, and pretend that this is something shocking, even though literally for months and months this service issue was pointed out to Sid (who always got it right in his other lawsuits -so the failure here, and refusal to fix had to be intentional).

It's not an injustice when you do it wrong in January, people tell you it's wrong, and tell you how to fix it, and you refuse - and you are told again in February, March, April, and a bunch of other times, and you continue to refuse to fix it.

This is 100% on Sid/Kenny and proof this whole "support for Crystal" is a sham to emotionally abuse her and try to keep her a captive audience for them.

While the lawsuit was a joke to begin with - Sid's INTENTIONAL refusal to even get the most basic part - service - correct - shows he doesn't care about actually helping Crystal - and Kenny's refusal to encourage Sid to do things right show he's right there with Sid.; October 6, 2023 at 5:22 AM
dhall said...: I find it odd that both Dr. Harr and Kenhyderal complain about how unfair the "system" is to Dr. Harr and, by extension, Crystal Mangum, yet they both overlook that fact that what Dr. Harr is doing hurts Crystal Mangum.

Dr. Harr has shown numerous times he doesn't understand the law -- and even if he does, he's not willing to abide by it (you only need to look at this service issue to see it).

He doesn't even understand the concept of client confidentiality. He's more than willing to publish not only information communicated in confidence by and to Crystal Mangum, but also information relating to any court proceeding she's involved in. Because he's not a lawyer, there's no repercussions for these actions.

Look, I agree with Kenhyderal that the rules regarding UPL need to be loosened a bit. A person that can't afford an attorney, but has access to someone that understands (or at least is willing to do the proper research for) the law should be able to rely on them for assistance. They should be able to rely on someone with more knowledge of "legal speak" (like a paralegal, for example) to help them create their legal filings.

With that said, in order to be able to rely on these types of resources, these resources should hold to some ethical standard -- which includes keeping confidential information confidential. And they should be held accountable when they violate these ethical standards.

Dr. Harr can't be held accountable, so he simply does what he wants with complete disregard to any ethical principles -- to Crystal Mangum's detriment.

And, as you stated, these actions show he doesn't care about helping Crystal Mangum.; October 6, 2023 at 8:53 AM
Nifong Supporter said...: dhall said...
Dr. Harr - Wouldn't your sending the documents to the federal courthouse clerk violate the Sep. 11th court order?

It states:
"The court DIRECTS the clerk not to accept any more filings from Harr in this action. Mangum shall have until October 6, 2023, to file proof of service on defendants in accordance with Federal Rule of Civil Procedure 4(l), and must file the proof of service herself, not with Harr's assistance."

What happens if the clerk can't accept these documents?

October 5, 2023 at 8:43 AM

Hey, dhall.

I tried to circumvent the possibility of the clerk's office refusal of delivery of the proof of service documents manually from me by sending them in the mail through USPS.

Really, because Mangum, who is incarcerated and has no access to the complaint brief and its exhibits, no access to the Wake County Sheriff's Department, is unable to make payment of the service fee to the Sheriff's Office, I do not see how it is possible for her to timely file without my assistance. Do you have any suggestions?; October 6, 2023 at 9:24 AM
Nifong Supporter said...: dhall said...
Dr. Harr -- I think Anonymous @October 2, 2023 at 7:19 and 7:28 was pointing out the things you'd done for the Writ of Coram Nobis that would appear to violate the court order written by Judge Dever in the Mangum v. Aurelius case in the US District Court -- not the August 28 Order from Judge Nelson.

Would the court order from Judge Dever influence any action by Judge O'Foghludha? I couldn't say -- but I wouldn't be surprised if it did.

October 5, 2023 at 12:37 PM

Hey, dhall.

I'm no lawyer, but I do not see how any Order written by a U.S. District Judge in a Federal Court could have a bearing on a case filed in Durham Superior Court. I don't see how Judge O'Foghludha could be influenced by a Dever Order. Likewise, the NC OAH Judge Nelson should likewise not consider the Dever Order in her case.; October 6, 2023 at 9:32 AM
dhall said...: Dr. Harr -- Just a couple of things -- but CGM needs to discuss these with the legal resources made available to her.

"Mangum, who is incarcerated and has no access to the complaint brief and its exhibits"
Wasn't the original complaint and its exhibits filed by Crystal Mangum? If so, why wouldn't she have a copy of these and all other documents filed in her name?

"Mangum...is unable to make payment of the service fee to the Sheriff's Office"
North Carolina has a "Petition to Sue/Appeal/File Motions As an Indigent", and I believe that, if approved, waives service fees.

" I do not see how it is possible for her to timely file without my assistance"
A document is timely filed if it is deposited in the institution's internal mail system on or before the last day for filing and is accompanied by a notarized statement or declaration in compliance with 28 U. S. C.

My understanding of the "declaration in compliance" is that is simply a document stating “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)”.; October 6, 2023 at 10:49 AM
Anonymous said...: Sid said:

I do not see how it is possible for her to timely file without my assistance. Do you have any suggestions?

If you had fixed the service issue back when it was first pointed out to you it wouldn't be a problem. You failed to timely fix the issue, and now the entire lawsuit is at risk.

This is all your fault.; October 6, 2023 at 10:51 AM
dhall said...: Dr. Harr -- Those are questions for the court (or a lawyer), not me.

I can see how an order written at a federal court level impact those cases at a lower level, however.; October 6, 2023 at 11:08 AM
Anonymous said...: If you check Pacer ... the Court accepted the proof of service.

Had Sid done this months ago as he was told, the case would be a lot further along, but as it stands now, it's just starting over.; October 6, 2023 at 4:45 PM
Nifong Supporter said...: Anonymous said...
If you check Pacer ... the Court accepted the proof of service.

Had Sid done this months ago as he was told, the case would be a lot further along, but as it stands now, it's just starting over.

October 6, 2023 at 4:45 PM

Hey, Anony.

That's right... blame the victim.

Improper service of summons is just a technicality escape-hatch utilized mainly by the government and big law firms to evade accountability from pro se plaintiffs. The proper defendants were named on the summons, but just because the summons and complaint is sent to the defendant's lawyer or to the lawyer instead of his/her accepting agent is legal pettiness at an extreme.

Fact is that on January 30, 2023, Defendants' lawyer, the NC Justice Department, signed the USPS Return Receipt to acknowledge receipt of the summons and complaint and that that proof of service was filed with the court on February 17, 2023.

Finally, if the court assumed that service by Mangum for a case filed on January 27, 2023 was improper, why wait until September 11, 2023 to inform her with an order? (Hint: Trumpian strategy of delay/delay/delay.); October 8, 2023 at 4:46 AM
Nifong Supporter said...: dhall said...
Dr. Harr -- Those are questions for the court (or a lawyer), not me.

I can see how an order written at a federal court level impact those cases at a lower level, however.

October 6, 2023 at 11:08 AM

Hey, dhall.

Specifically in Mangum's case, the administrative actions and inactions by the lower court's Judge O'Foghludha were made far in advance of U.S. District Judge Dever's September 11, 2023 order. Ergo, it is impossible for Federal Court's order to have an impact on the Durham Superior Court in Mangum's cases.; October 8, 2023 at 4:53 AM
Prince Humperdinck said...: No Sid. I can’t file a lawsuit against you and have the summons sent to Crystal Mangum, even though she’s your fiancé, and you see her often. It’s improper service, even if both the warden at NCCIW and Mangum sign the USPS return receipt.

How many lawsuits have you filed? Of those lawsuits, how many were improperly served?; October 8, 2023 at 9:13 AM
Anonymous said...: We are blaming you because you were told for months that service was improper and you failed to fix it.

Service isn’t a technicality, it’s jurisdictional. You know this.

Like always - when errors are pointed out you ignore them, then when those errors cause problems you whine and claim unfair treatment.; October 8, 2023 at 11:05 AM
Anonymous said...: Proper service of process is one of the core principles of due process. The opportunity to have notice of the charges against you and an opportunity to respond and defend yourself is a fundamental right. It is not am mere technicality or inconvenience. It is one of the most important characteristics of our legal system. Everyone knows this. Shame on you Sid. You know better.

Abe Froman
Chicago, IL; October 8, 2023 at 11:44 AM
kenhyderal said...: dhall said: "I find it odd that both Dr. Harr and Kenhyderal complain about how unfair the "system" is to Dr. Harr and, by extension, Crystal Mangum, yet they both overlook that fact that what Dr. Harr is doing hurts Crystal Mangu------ What Dr. Harr did, dhall, was to determine, for anyone to see, Crystal's absolute innocence, of 2nd degree murder and, thanks to him even you know that to be true. It's time to stop defending the NC Justice System that intentionally keeps an innocent person incarcerated. Not only do you and all the readers of this blog know that but also so does Governor Cooper and AG Stein. People there should be asking why they refuse to face up to this and why are they using every ruse, they can dig up, to delay what has to be inevitable. Stop being apologists for this outrage. Get on the right side of history. Don't go down with those who will be disgraced.; October 8, 2023 at 5:00 PM
Anonymous said...: Again - Sid and Kenny ignore - whatever they think of the service issue - it has been raised since the beginning. The only reason it's delaying the case and still an issue is because Sid refused to fix it. Had he done this when it was first pointed out, Sid and Kenny could stop their whining. But, again, the whining is the point - read up on emotional abuse - they are doing all they can to isolate Crystal and make her think the world is against her, and only Sid is her savior. It's classic abusive behavior.; October 9, 2023 at 5:15 AM
Cousin Kenny Supporter said...: Right on Cousin Kenny.; October 9, 2023 at 6:25 AM
dhall said...: For the last time, Kenhdyeral -- My decision regarding Crystal Mangum's guilt was made without any input from Dr. Harr (or Dr. Wecht, for that matter). So I owe no thanks to Dr. Harr -- and suggesting I do simply shows your ignorance.

I've laid out my arguments about Dr. Harr's so-called "help", and the problems it has caused Crystal Mangum.

There has never been a successful argument countering the facts I identified with the problems Dr. Harr has caused Crystal Mangum.

Instead we get silly claims about the justice system.

Whether you think the justice system is good, bad, or neither, you have to work within it's boundaries if you want to be successful in your legal endeavors. Working outside of those boundaries simply because you don't like them is a recipe for failure.

Changing subjects -- Have you contacted the Wrongful Convictions Clinic yet?

If not, stop being an apologist for Dr. Harr's outrageous actions. Get on the right side of history. Don't go down with those who are disgraced.; October 9, 2023 at 6:49 AM
dhall said...: Dr. Harr -- Do you plan to respond to my comment from October 6, 2023 at 10:49 AM?

I honestly would like to know why Crystal Mangum has no access to the complaint brief and its exhibits.

I would also like to know why you think it's not "possible for her to timely file without [your] assistance"; October 9, 2023 at 7:02 AM
kenhyderal said...: dhall once again doubles down, attacks by projection, doesn't answer important questions posed to him about the unjustice of keeping an innocent Crystal incarcerated and demands answers, over and over again, to his questions, already dealt with by Dr. Harr. He claims that, without the benefit of what Dr. Harr and Dr. Wecht uncovered, he, on his own, came to the conclusion that Crystal is innocent. Can we ask, of him, what were the facts that brought him to that conclusion? Apparently, although he personally knows she is innocent, he won't lend his support to efforts to freer her but instead he is defending the obstacles put in place to thwart that process.; October 9, 2023 at 6:25 PM
dhall said...: Kenhyderal:

1) Crystal Mangum isn't "innocent". As Dr. Harr has stated repeatedly, "Only a jury, or judge in lieu of a jury can decide innocence or guilt". IMO, she's guilty of a lesser charge -- but guilty nonetheless.

2) I ask for answers "over and over again" because either no one can answer them, or I don't understand their answer (or as in your case, the "answer" you provide is not an answer to the question, but a poor attempt to move the goalposts).

3) I'm not answering questions previously answered.

4) I've done more to assist Crystal Mangum than you ever have. Have you contacted the Wrongful Conviction Clinic yet?; October 10, 2023 at 5:14 AM
A Durham Man said...: Kenny,

Other than posting at this blog, how are you lending your support to the efforts to free Crystal?; October 10, 2023 at 9:56 AM
kenhyderal said...: dhall said "Only a jury, or judge in lieu of a jury can decide innocence or guilt". IMO, she's guilty of a lesser charge -- but guilty nonetheless" ...... And, if the Jury gets it wrong because they were given false information, ie. Daye died as a result of the stab wound and they were also withheld relevant information ie. Daye accidently died of medical malpractice? You are of the personal opinion she is guilty of a lesser but supposedly included offence? Can you inform us of what you think that offence might be and what facts you learned that helped you arrived at that opinion? You know many facts the Jury did not hear. It seems that you are of the belief that criticizing and scoffing at Dr. Harr's efforts to assist Crystal's pro-se attempts to receive justice is, a help to Crystal, while all the while claiming she is presently rightly incarcerated.; October 10, 2023 at 11:10 AM
Prince Humperdinck said...: "...defending the obstacles put in place to thwart that process."

The "obstacles" (like proper service of process) are governed by law. You can follow those laws or work to have them changed. (or both).

What you can't do is disregard them. As Abe pointed out, "Proper service of process is one of the core principles of due process".

Calling it a 'technicality" and an "obstacle" doesn't change that.

Sid should be ashamed for disregarding these principles, CGM should be ashamed for allowing him to disregard them, and you should be ashamed for encouraging him when he does disregard them.; October 10, 2023 at 12:40 PM
Anonymous said...: And, again this issue was pointed out months and months ago on the service, and Sid was told exactly how to fix it. He was also warned that if he didn't fix it, they'd seek a dismissal on that.

Now that they are, suddenly it's an issue and technicality? Nope - again, this is what Sid/Kenny want - it's all about manipulating Crystal into thinking they are helping - not actually helping.; October 10, 2023 at 1:51 PM
kenhyderal said...: The Prince, quoting Abe said : "Proper service of process is one of the core principles of due process"------ But releasing someone from prison, known to be innocent is not a core principle. In the good old USA process always trumps obtaining Justice whereas in a more just society jultice and truth are the core principles. With decision making, in the service of Justice by those with decision making authority; both judicial and legislative A Jury, misled, found Crystal guilty. Judge Ridgeway explained to the Jury the necessity of there being an unbroken chain between the stab wound and Daye's death.but that Jury had no knowldge of what were intervening events. Please re-read Dr. Wecht's report particularly sections 3 and 4.; October 10, 2023 at 5:39 PM
Nifong Supporter said...: dhall said...
Dr. Harr -- Just a couple of things -- but CGM needs to discuss these with the legal resources made available to her.

"Mangum, who is incarcerated and has no access to the complaint brief and its exhibits"
Wasn't the original complaint and its exhibits filed by Crystal Mangum? If so, why wouldn't she have a copy of these and all other documents filed in her name?

"Mangum...is unable to make payment of the service fee to the Sheriff's Office"
North Carolina has a "Petition to Sue/Appeal/File Motions As an Indigent", and I believe that, if approved, waives service fees.

" I do not see how it is possible for her to timely file without my assistance"
A document is timely filed if it is deposited in the institution's internal mail system on or before the last day for filing and is accompanied by a notarized statement or declaration in compliance with 28 U. S. C.

My understanding of the "declaration in compliance" is that is simply a document stating “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)”.

October 6, 2023 at 10:49 AM

Hey, dhall.

Query # 1: As you are aware, under Mangum's direction I drafted, typed, and filed Ms. Mangum's brief and put together the exhibits of evidence which were filed. Until very recently the prison was not accepting legal mail from me, but she was aware of its contents in general.

Query # 2: For an inmate, or any indigent litigator it requires filling out a form which is long and complex, and then it takes a long time to process and approve it. I doubt she would have been approved to file per pauperis before the October 6th deadline expired. Also, I do not believe that my payment of the Sheriff's Office to serve the summons and complaint would be in violation of the Dever Order.

Query # 3: Not being a lawyer, I am unaware of timeliness rules and regulations for an inmate, so I definitely did not want to risk it by relying on the prison make sure the proof of service was timely filed with the court.

Hope your queries are satisfactorily answered.; October 10, 2023 at 5:55 PM
Nifong Supporter said...: Anonymous Anonymous said...
Proper service of process is one of the core principles of due process. The opportunity to have notice of the charges against you and an opportunity to respond and defend yourself is a fundamental right. It is not am mere technicality or inconvenience. It is one of the most important characteristics of our legal system. Everyone knows this. Shame on you Sid. You know better.

Abe Froman
Chicago, IL

October 8, 2023 at 11:44 AM

Hey, Abe.

Although I am not an attorney, it is my understanding that the importance of proper service of summons and complaint is in a case in which a default judgment is challenged or granted. Keep in mind that someone at the NC Department of Justice signed receipt of the summons and complaint with the return receipt requested card delivered to the court about two weeks after the filing.

What I don't understand is why it took the court so long to notify Mangum that her service of the summons and complaint was inadequate as the judge received submissions of documents in May and didn't notify Mangum until September 11th. Can you explain that?; October 10, 2023 at 6:06 PM
Nifong Supporter said...: Anonymous Prince Humperdinck said...
No Sid. I can’t file a lawsuit against you and have the summons sent to Crystal Mangum, even though she’s your fiancé, and you see her often. It’s improper service, even if both the warden at NCCIW and Mangum sign the USPS return receipt.

How many lawsuits have you filed? Of those lawsuits, how many were improperly served?

October 8, 2023 at 9:13 AM

Hey, Prince Humperdinck.

If you file a lawsuit against me and mail it to Crystal, and Crystal then mails it to me, it may be considered improperly served, but I will nonetheless accept it and respond substantively to the issues. What I would not do is wait for months and then use a petty technicality to gripe about not being served... the only reason for so doing would be having a position in the case that lacks merit.

See where I'm coming from?; October 10, 2023 at 6:13 PM
Anonymous said...: Sid,

It's your prerogative to waive your rights, including your right to be properly served with court papers. People do it all the time.

For example, I don't let people into my business unless they are employees or they have an appointment. When my business is sued and I know someone is trying to serve me, I tell them to mail the papers to my lawyer (or drop them off at his office) with an Acknowledgment of Service. When my lawyer gets the papers he calls me and I go to his office and sign the Acknowledgment of Service. He returns it to the other side's lawyer. That's how normal people act. But you didn't do that. You tried to slop serve the opposing party in the hope that you could get a default judgment against them.

While a person is free to waive or modify their rights, you cannot waive or modify someone else's rights for them or decide on your own what constitutes proper service and how to serve someone.

Your problems are on you and you alone. You played fast and sloppy with the rules and you got caught. Again. Now man up and stop blaming others for your bad acts. Play by the rules. In the long run cheaters never win. After decades of cheating and failed lolsuits, you should know that.

Abe Froman
Chicago, IL; October 11, 2023 at 6:07 AM
dhall said...: "And, if the Jury gets it wrong because they were given false information, ie. [SIC] Daye died as a result of the stab wound and they were also withheld relevant information ie. [SIC] Daye accidently died of medical malpractice?"

Crystal Mangum has had a number of option available to her. Unfortunately, she trusted Dr. Harr to create her various motions. Those subsequently failed -- that's HIS fault for not knowing what he's doing, her fault for assuming he would do things correctly, and you fault for continuing to encourage his poor attempts.

"It seems that you are of the belief that criticizing and scoffing at Dr. Harr's efforts to assist Crystal's pro-se attempts to receive justice is, a help to Crystal.."

I and others have attempted to correct Dr. Harr on his obvious mistakes. That you consider that "scoffing" at his efforts says a great deal about you. I've identified resources that can actually help Crystal Mangum that you apparently refuse to even contact. I've identified the laws that govern Crystal Mangum's healthcare, and made known the steps she can take to, among other things, gain access to her medical record AND (potentially) get the healthcare she needs. All while you have done NOTHING.

Until YOU do something that helps Crystal Mangum, you don't get to admonish me. And no, introducing her to Dr. Harr doesn't count as "doing something", because he hasn't done anything either.

"while all the while claiming she is presently rightly incarcerated."

I've not made any claims about Crystal Mangum's incarceration.; October 11, 2023 at 6:34 AM
dhall said...: Query # 1: As you are aware, under Mangum's direction I drafted, typed, and filed Ms. Mangum's brief and put together the exhibits of evidence which were filed. Until very recently the prison was not accepting legal mail from me, but she was aware of its contents in general.

Query # 2: For an inmate, or any indigent litigator it requires filling out a form which is long and complex, and then it takes a long time to process and approve it. I doubt she would have been approved to file per pauperis before the October 6th deadline expired. Also, I do not believe that my payment of the Sheriff's Office to serve the summons and complaint would be in violation of the Dever Order.

Query # 3: Not being a lawyer, I am unaware of timeliness rules and regulations for an inmate, so I definitely did not want to risk it by relying on the prison make sure the proof of service was timely filed with the court.

My response:
The rules and policies governing the management and conduct of inmates under the control of the Division of Prisons state otherwise. Inmates are allowed to keep legal papers for cases that are or may be coming before the courts.

The petition to proceed as an indigent is just over 1 page long, and other than check boxes contains signatures and dates. It's neither long nor complex, unless one has the inability to read. It should have been completed at the beginning of the lawsuit -- not just before any subsequent filing.

I was able to find this information by simple google search within minutes. The reason you are "unaware of timeliness rules and regulations" is simply because you refuse to do the proper research. That's your fault.

Consider yourself elucidated.; October 11, 2023 at 6:47 AM
Prince Humperdinck said...: Kenny --

the post-conviction court processes in Canada are similar to the processes "In the good old USA".

For conviction review, you have to exhaust your rights of judicial review or appeal, and if the Minister of Justice is not satisfied that there has likely been a miscarriage of justice, your conviction review application will be dismissed.

Rules for unauthorized practice of law exist in Canada, as do the procedural requirements outlined in the Rules for Civil Procedures ( proper service is covered in the Rules for Civil Procedures).

So stop b*tching about the "good old USA process". These rules exist for a reason (even in Canada), and you disregard them to your own detriment.

Ask a Canadian lawyer if they agree with my statements in this comment. Let us know their response.; October 11, 2023 at 8:00 AM
kenhyderal said...: @ dhall When quoting me, thanks for pointing out I forgot the first period in my abbreviation of id est. Hpefully it was done defenively to show you know better and not offensivly to mock. You said : "I've not made any claims about Crystal Mangum's incarceration." I've concluded, you, like any reasonable person given the facts, know she is being wrongly incarcerated and I infer that your silence and refusal to publically commit on this matter tacitly makes the claim her continued incarceration is not wrong. Or, just maybe, you are afraid to come out against those who dearly want to keep Crystal locked up,; October 11, 2023 at 3:00 PM
kenhyderal supporter said...: A Durham Man,

kenhyderal is aware that his posts at this blog are monitored by the Durham District Attorney, the North Carolina Attorney General, the North Carolina State Bar and other powers that be, including Rae Evans. Therefore, kenhyderal is not at liberty to disclose his plans to win a new trial for Crystal and compensation for her from North Carolina. The results of kenhyderal’s efforts will be evident in the near future.; October 11, 2023 at 3:16 PM
kenhyderal said...: @ The Prince : Unlike North Carolina, in Cannada, when the Minister of Justice is presented with a satisfactory indication of a wrongful conviction he would, in the name of Justice, be obliged to act. N.B., AG Stein, Governor Cooper's accolade, has received a satisfactory indication, in the form of Dr, Cyril Wecht's report, that Daye's death was an accident and also that there is no evidence, whatsoever, anywhere, of what Dr. Nichol's testified to the Jury, that Daye died of complications of the stab wound. I dare say Dr. Nichols and Dr. Roberts also know that Dr, Wecht is correct and they are wrong but to save their reputation, adjudged by them to be more important then Crystal Mangum's life, wont admit their incompetant mistake. As well, I'm convinced both dhall and yourself also know this and your silence and refusal to call for Justice indicates either ill will or fear.; October 11, 2023 at 3:42 PM
Anonymous said...: Once more Sid lies and Kenny covers for him. The Defendants did not wait until the last minute to bring up the Service issue - they brought it up months ago, as did many commentators here. It only became an issue because Sid continued to try to move the case forward without fixing the obvious, known, and pointed out, error.

It's not a technicality, it's the law - and Sid has fixed service in other lawsuits, and served other lawsuits correctly - so his failure to do so here is clearly intentional.

Kenny, why do you defend his obvious failure to do even basic things to try to help Crystal? Are you complicit in his emotional abuse of her, and desire to see her stay locked up?; October 12, 2023 at 5:36 AM
Anonymous said...: Sid filed the lawsuit on 01-27-23.
He filed his motion for default on 04-03-23.
On 05-24-23 the Defendant filed a Motion in opposition to default pointing out it was not properly served.

Sid continued to file Motions, continued to ignore the service, they continued to bring it up.

On 09-11-23 the Judge finally Orders that service be fixed, and gave the deadline.

Kenny/Sid immediately begin whining claiming they waited until the last minute, and it was unfair, and the rest.

Sid had 4 months from their filing (6 months or more from when the issue was pointed out by folks here) to fix it.

Kenny/Sid - there is nothing nefarious about this, it's not a delay - this was clearly intentional on Sid's part (and Kenny's). Again - proof that Sid has no real desire to do anything but keep Crystal captive, and whine and lie to her and claim it's the system that is screwing her, not his own inaction.

This is 100% on Sid/Kenny.; October 12, 2023 at 6:22 AM
dhall said...: Kenhyderal -- I didn't want anyone to think I'd purposely altered your comment it wasn't an attempt to correct or mock you.

Just maybe, you and Dr. Harr ignore my input regarding resources that can assist Crystal Mangum -- or attempt to use them in the wrong manner (see Dr. Harr's letter to professor Jamie Lau, where he specifically states the Crystal Mangum is NOT seeking legal representation, and his continued failure to speak to James Coleman or any of his legal expert "friends").

To quote Abe Froman, "If Sid wants help, he needs to ask for it, then be willing to step aside when it is offered."
Instead, Dr. Harr wants "...an attorney to endorse (w/o independent investigation and research) his ridiculous claims, support his unlawful practice of law and tell everyone what a fantastic job he doing..."

That's Dr. Harr's fault. That's your fault for continuing to support his methods.; October 12, 2023 at 8:11 AM
Prince Humperdinck said...: Kenny -- Note I stated "the post-conviction court processes in Canada are similar to the processes 'In the good old USA'".

The functions of the Minister of Justice regarding conviction review are performed by the Innocence Inquiry Commission (NCIIC) in North Carolina.

I believe Sid stated in the past that he "contacted them", but he never stated who or how he contacted them, or provided what information he relayed to them. He also said he was "immediately turned down". The only way this happens is if the claimant doesn't follow the correct procedure for filing an innocence claim.

of course, Sid won't provide this information because he doesn't want to admit his incompetent mistakes.; October 12, 2023 at 10:16 AM
Bremerton Born and Raised said...: A Durham Man:

All we are saying is give Ken a chance.; October 13, 2023 at 5:15 AM
guiowen said...: Sidney,
I've been out of town, so I possibly missed this, but
Did you get Wecht to speak on October 2, as you had predicted?
If so, what did he say?; October 14, 2023 at 1:54 AM
Nifong Supporter said...: Anonymous guiowen said...
Sidney,
I've been out of town, so I possibly missed this, but
Did you get Wecht to speak on October 2, as you had predicted?
If so, what did he say?

October 14, 2023 at 1:54 AM

Hey, gui, mon ami.

You must've been secluded in a monastery at a monk's retreat for the past month or so.

What happened is that the judge cancelled the hearing within a week after learning that Crystal Mangum planned to call Dr. Wecht to testify as her expert witness by video teleconference. Obviously the judge knew that it would be impossible to rule against Mangum if Dr. Wecht testified, so the only alternative was not to have the hearing.

What do you think about that?; October 14, 2023 at 7:10 PM
guiowen said...: Sisney,
Is there any way that you could sue the judge?; October 15, 2023 at 5:37 AM
guiowen said...: Sorry, I misspelled Sidney.; October 15, 2023 at 10:25 AM
Nifong Supporter said...: guiowen said...
Sisney,
Is there any way that you could sue the judge?

October 15, 2023 at 5:37 AM

Hey, gui, mon ami.

You're a mind-reader.

Stay tuned.; October 15, 2023 at 6:18 PM

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Sunday, August 20, 2023

NC Office of Administrative Hearings: Ex Mero Motu Order for Supplemental Briefs

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