Judge Ford DENIES The Motion of the City of Dothan In Case of Rickey Stokes

Rickey Stokes

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Posted by: RStokes
Date: Oct 24 2016 6:13 PM

DOTHAN:    In the case of the City of Dothan verses Rickey Stokes in Dothan Municipal Court and Houston County Circuit Court, there was a hearing held before Special Appointed Circuit Court Judge Aubrey Ford. That hearing was October 14, 2016.

In 2014 the City of Dothan arrested Rickey Stokes for Unlawful Imprisonment. The City Manager, without the legal authority to do so, hired the Trussville Municipal Court Judge, Carl Chamblee, to come to Dothan and convict Stokes.

After the Chamblee trial to convict, Stokes appealed the case to Houston County Circuit Court. Stokes requested the documents on the appointment of Chamblee as Acting Municipal Judge. 

Dothan City Attorney Freddie Len White and Assistant City Attorney Joe Herring literally despise Rickey Stokes. When they learned Stokes was onto the fact the City Manager lacked the authority to appoint a Acting Special Judge, White and Herring, through Gary Maxwell, filed motions to dismiss the appeal of Stokes and remand the case back to Dothan Municipal Court. The trio stated the Acting Municipal Judge was without authority to act.

Judge Ford granted the motion of White/Herring and Maxwell. But the key words of Judge Ford’s ruling was "case dismissed and remanded". Judge Ford ruling did not read "appeal dismissed and remanded". 

There is a lot of difference in those two statements.

Some 94 days later, and spending over $ 25,000.00 later, Freddie Len White, who is uncontrollable by the Dothan Commission or City Manager, the City of Dothan, through a Motion from a Montgomery Law Firm, filed with Judge Ford to reinstate Stokes appeal to Circuit Court.

During the hearing, Judge Ford asked the City of Dothan the most questions. He stated you want to come in and undo what you have messed up. And you want to do it some 94 days later, way after the time allowed by law.

Today Judge Ford issued a two page Order on the motion of the City of Dothan. The order reads " it is a rare occasion too have the prosecuting party requests the dismissal of a case citing that the court is without jurisdiction to consider the matter".

After the City of Dothan hired real lawyers instead of Herring and White, the attorney’f filed their motions out of the prescribed time. Judge Ford writes " the City’s attorney requested the dismissal, so the City is not being denied a fair judicial proceeding and an opportunity to be heard as a result og the granting of their request. The only special circumstance in these cases is the City’s retention of new counsel and their decision to pursue a new direction in these cases".

With that said, Judge Ford DENIED the motions of the City of Dothan to reinstate the appeal.

Remember, Judge Ford ruled "case dismissed and remanded" and not "appeal dismissed". A lot of difference.

FEDERAL COURT

Because the members of the City of Dothan and Dothan City Manager Mike West can not understand the people of Dothan are not being treated fair in the legal and judicial department, Stokes was required to file a Federal Class Action lawsuit against Dothan.

NOTE:   Stokes hates filing this. But he has been unable to get the Dothan Commission and Dothan City Manager to understand, time for some heads to roll and be fired.

After the State Court ruling was issued, the law firm Dothan has paid over $ 25,000.00 of your money to, filed a STATUS REPORT in Federal Court. The high price Montgomery Lawyer report to the court "the issue relative to the application of the de facto official doctrine will have to be resolved before the Dothan Municipal Court".

The high priced lawyers state a 20th Judicial Circuit Court Judge ruled in other  cases that Len White and Joe Herrring royally messed up the illegal appointments were de facto Judges.

So I assume this high priced law firm thinks the Stokes case will have to be decided in Dothan Municipal Court.

They must have fell square on their heads. The Judge Dothan pays for make the decision? Not in my lifetime.

Judge Ford ruled " CASE DISMISSED and REMANDED ". That means, the criminal charges, on Dothan’s motion, were dismissed. And Dothan will have to get new arrest warrants on Stokes in order to try him again.

And the statue of limitations has run and that is not LEGALLY possible. Now Dothan’s Len White and Joe Herring have never let "legally possible" get in their way before.

So stay tuned for the unethical or deceitful behavior of the legal and judicial staff of the City of Dothan.

Ruling State Court 112416 by rickystokesnews on Scribd

Stokes Rickey Status Report by rickystokesnews on Scribd

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