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Ohio Judge: There Will Be No Mentioning Of The Constitution Here
http://truthvoice.com/ ^ | March 23 2015 | Staff

Posted on 03/31/2015 5:20:23 PM PDT by Whenifhow

Today in a pre-trial hearing, an Ohio judge casually agreed with a motion filed by a prosecutor asking to ban a defendant from bringing up the United States Constitution or the constitutionality of the law under which he is charged with a crime.

Judge Catherine Barber (or Kathryn Barber), a retired judge filling in for the Xenia Municipal Judge Michael Murray stated “there will be no mentioning of the Constitution” and then laughed when the defendant claimed that uttering words on a public sidewalk constitutes free speech. (The audio of the hearing can be found here: http://bambuser.com/v/5372976). This was in response to a suggestion from the prosecutor that bringing up the constitution and civil rights “will confuse the jury.”

About a month ago, Virgil Vaduva, a journalist and editor of The Greene County Herald purposefully stood in front of the Xenia police station in an attempt to raise awareness about the constitutionality of the city’s anti-panhandling law.

(Excerpt) Read more at truthvoice.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections; US: Ohio
KEYWORDS: court; freespeech; judge; ohio; panhandling
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To: OneWingedShark; MamaTexan; DiogenesLamp
Re: Ohio Judge: There Will Be No Mentioning Of The Constitution Here
cc: OneWingedShark; MamaTexan; DiogenesLamp;

The "original and supreme will" is the Declaration of Independence. Subsidiary to that, two frames of government have been formed.

81 posted on 03/31/2015 11:05:18 PM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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To: OneWingedShark

On the 13th Amendment and Bearden v. Georgia, the keyword was willful, IIRC (as in willful refusal to pay as ordered in a civil case). ...debtors’ prisons and all of that, IIRC (rusty, aging memory).It’s been nearly a couple of decades since I looked at that stuff for others, and I’m not a lawyer.


82 posted on 03/31/2015 11:36:22 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: OneWingedShark

Only remembered a couple of tenuous things about that case, looked it up and sped through a little part of it.


83 posted on 03/31/2015 11:37:31 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: OneWingedShark
"Sounds German"

Learned it from the many feminists/romanticists with German surnames in the justice system.


84 posted on 03/31/2015 11:40:45 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: OneWingedShark

The judicial system and academia, really. The surname majority was noticed by quite a few traditional family advocates early on. Some friendlies of German descent elaborated for us at length with references to cultural historical information and anecdotes from their family lives (cold parents, etc.).


85 posted on 03/31/2015 11:45:36 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: GeronL

She is retired.......


86 posted on 04/01/2015 4:01:43 AM PDT by Red Badger (Man builds a ship in a bottle. God builds a universe in the palm of His hand.............)
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To: The Working Man
That NEEDS to be pointed out to her firmly.... VERY Firmly.

It appears impossible to point out to her just how important the First Amendment is, at least using the First Amendment. At some point the people (from whom government derives its just powers) will point out the limits of big government using another amendment. This petty dictator should pray that it will not be the Second Amendment that is used to educate power hungry government officials, although other options seem to be failing systematically.

87 posted on 04/01/2015 4:16:18 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Paladin2
"Are the Police really the problem with the Legal System?"

No to paraphrase the Gipper "the Legal System IS the problem."

See, we let Lawyers and Congresscritters mess with it...

play stupid games...

win stupid prizes...

America has won the end all/be all of stupid prizes.

88 posted on 04/01/2015 4:21:07 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: Paladin2

They are just a symptom of the cancer.


89 posted on 04/01/2015 5:45:55 AM PDT by Resolute Conservative
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To: The Working Man
The Stupid is really strong with this Judge. Her VERY position is the result of the constitution she casually tosses out of her courtroom. That NEEDS to be pointed out to her firmly.... VERY Firmly.

More naivete. This judge isn't "stupid." It's a judge. One of the conservative movement's greatest weaknesses is to think of powerful Liberals are being stupid. These aren't stupid people. They're very smart, organized, motivated, aggressive, and are on the war path. This judge knows exactly what's going on.

Picking apart a Liberal's arguments and then pointing out the fallacy in Liberals' positions in a logical fashion worked 20 years ago. It doesn't work anymore.

90 posted on 04/01/2015 7:23:37 AM PDT by IDontLikeToPayTaxes
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To: Whenifhow

THAT is the dimocrat, liberal, socialist, communists of Amerika’s agenda. Hussein has done everything he can to do away with the Constitution. And, he has succeeded. The Constitution is basically worthless today. Ignored, abandoned. As is the freedom of the Republic. Destroyed. Gone. America is finished. What we had as kids is gone. It will never come back. The millions upon millions of illegals and the muzzies Obama is bringing here is for that purpose. To simply overload the nation. To swamp the nation into bankruptcy. That will be his greatest accomplishment. Destruction of the US Constitution.


91 posted on 04/01/2015 7:28:36 AM PDT by RetiredArmy (MARANATHA, MARANATHA, Come quickly LORD Jesus!!! Father send thy Son!! Its Time!)
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To: Darksheare

Xenia is pretty far away from Lake Erie. It’s the town that was devastated by an F5 a while back. Apparently the tornado blew this judge’s mind away!


92 posted on 04/01/2015 7:59:18 AM PDT by Dr. Bogus Pachysandra (Don't touch that thing Don't let anybody touch that thing!I'm a Doctor and I won't touch that thing!)
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To: GeronL

And the prosecuting attorney needs to be disbarred.


93 posted on 04/01/2015 9:16:07 AM PDT by nd76
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To: null and void

Note the mask. You knew that movie had to be the breeding ground of idiots intent on taking down the U. S. way of life.

If you can’t show your face when you support something, it’s not worthy of your support.


94 posted on 04/01/2015 11:18:49 AM PDT by DoughtyOne (The question is Jeb Bush. The answer is NO!)
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To: Diogenesis

I’ve heard that, in my county, they can’t bring “a person of color” up before a jury, regardless of how heinous the crime, because the jury pool is full of people who will not convict anyone darker than a paper bag.


95 posted on 04/01/2015 11:22:23 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: knarf
I had three ... I used to own three ... that makes 6

With logic like that I'm surprised they didn't charge you for guns you might have seen.

96 posted on 04/01/2015 1:49:50 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Whenifhow

I see what happened here. This was a procedural matter rather than substantive. If the man had an attorney, this would have been tossed on Constitutional grounds before a trial even started. But a jury is supposed to determine questions of fact, not law, and by failing to raise the Constitutional issue early enough, he lost the ability to raise it. Will he win on appeal? Most likely, since the judge really should have given the pro se defendant leeway, but I can see how he had a role in this travesty.


97 posted on 04/01/2015 1:54:15 PM PDT by mak5
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To: OneWingedShark

I couldn’t get anyone to explain how they got to that conclusion except that ... the amount of guns I ever had (in toto) constituted the number of guns I was charged with .... which should have been around 27 ... but ... shhhhhhh ...


98 posted on 04/01/2015 2:03:51 PM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: DoughtyOne
I have a mask just like it. Youse gotta PROBLEM widdat???

};^P>

99 posted on 04/01/2015 2:06:33 PM PDT by null and void (He who kills a tyrant (i.e. an usurper) to free his country is praised and rewarded ~ Thomas Aquinas)
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To: null and void

Not necessarily, but I do believe that movie sought to capitalize on what Leftist professors teach in our universities, and encourage an underground in the U. S. intent on overturning our leadership in this nation.

You and I can agree that might not be a terrible idea, but out with the bathwater goes the baby, our Constitution.

Not good overall by any stretch of the imagination.

You can bet your ass, those who seek to topple our form of government, have no problem at all with criminality. They have a very big problem with our Constitution.


100 posted on 04/01/2015 5:35:33 PM PDT by DoughtyOne (The question is Jeb Bush. The answer is NO!)
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