From Rosann Miller–fighting for justice for her father in Ohio–Writ of Habeus Corpus

As some of you are already aware, far too many seniors are being isolated and probate attorneys and GAL’s etc. bar beloved family members from wards and alleged wards all to frequently, isolating them.

Rosann Miller has not seen her father in some time, Clair Miller was abused by her brother and arrested.  The house was found filthy and in disrepair.  Funds are missing from the estate, of course.

Read on below regarding another fight for justice in Ohio:

Substantial Constitutional Question or Why it’s of Public or Great General Interest

White Collar Public Corruption from Elder Murder, Abuse and Fraud

Logan County Probate and the 3rd Appellant Court’s decision (see Ohio Supreme Court cases 2009-1456 & 2010-1147) have rewritten the Legislative and Ohio Supreme Court LAWS governing adult Guardianships using discretionary interpretation better known as Judicial Tyranny. This will oust the credentialed experts to perform psychological evaluations for suspects charged of criminal crimes to determine the “insanity defense“ (McNaughton Rule) deciding competency to stand trial. These Judges used a MD, SW and GAL (who said Clair is okay) to override a PsyD, PhD and a Court Investigator (all mandated by the ORC and Rules of Superintendence) who found Clair Miller Mentally Impaired Incompetent (hereafter MII) necessitating a guardian. Also included is a City Municipal Prosecutor, Police Detective & Officer that testified Clair is not capable to testify on the witness stand (including the prosecution of his own wife’s case) or has no understanding of his business affairs. This is either incompetence or corruption and blatantly is disrespect & professionally arrogant against Dr. Tennenbaum, PhD’s 12 page Assessment that screams volumes Clair can’t answer ANYTHING. Dr. Tilley, PsyD. Psychological Evaluation adamantly diagnosed Clair is MII because of DEMENTIA not bereavement or a dysfunctional family. There is NO SUCH THING. Their Statement of Expert Evaluations & the Court Investigator Report checked MII, needs a Guardian & can NOT handle Finances or Person. This is NOT the definition “of sound mind or memory and free from undue influence or restraint” pursuant to O.R.C. 2111.01(D).

* Since the 3rd District and Judge Walters are affirming Judge Brady’s guardianship/estate rulings of “not incompetent“, the missing $177k becomes a mute point and it’s how they commit “White Collar Public Corruption“ because Clair doesn‘t realize the error. GAL Traul submitted this erroneous inventory on Nov 9, 2009 even though he knows the crime they are committing.

* The 3rd District said (Pg 5) Ann “previously cared for him” and if she is gone doesn’t he need someone for that now? Who do you know that has someone “personally care” for them if they are competent? It’s obvious Ann is gone given Clair’s medical, personal & business affairs are seriously falling apart and nobody denies he is being abused. This is insulting and disrespectful to my Mother and his wife.

* On (Pg 14) Those assets aren’t being used for Clair they are used to pay the suspect of Ann’s death who has remained in the house since & the system who applauds this. That is well noted through out Dr. Tennenbaum’s Assessment, which Brady was withholding from Public Record and we had to fight for up to the Ohio Supreme Court level. (2009-0313)

Logan County Prosecutor Heaton is Brady’s legal counsel before the Ohio Supreme Court and many times called the guardianship case “ADVERSARIAL LITIGATION” (Public Records Writ case 2009-0313) when they are NOT supposed to be adversarial but rem proceedings but Ann’s death sits in the prosecutor’s office. So will he work harder for his Judge or Ann given her case needs to stay under the rug to loot? This is blatantly a conflict of interest given Brady approved $177k missing from the Miller estate, paying James (the suspect) $200 PER WEEK since Nov 2007 and Walters gave Clair almost $9k Feb 2010 which Clair testified on May 4, 2010 under oath, he doesn’t have any knowledge of or his financial business accounts. Where is it going?

Ann’s death has been swept under a rug by the Executive Branch to aid the Judicial Branch to extort from a MII man who can’t even use a phone book, using him like a bumbling fool. I ask where is the First Branch of government in all this who set those ORC laws funded by tax dollars? If Judicial can override and make law from the bench we don’t need a Legislative branch.

Brady has violated:

Due Process of Law – On May 1, 2007 Brady was going to appoint a guardian of Clair if Rosanna would agree to an outside family member, which translates to one of his buddies. She said absolutely NOT and proceeded to uphold and honor her parents legal documents.

On July 10, 2007 Brady said 3 times this case would be decided by the weeks end

What and how many Codes, Laws, Rules, etc did he take an oath to honor and uphold, which gave him the power to address or rule on all the JE Orders, Motions, Briefs, etc. that he has ignored? Brady and the courts have manipulated the laws to languish the guardianship case for the fake appearance of “complicated” to make the events mirror their desires for monetary gain. When court cases can be “languished’ to steal from the MII, racking up costs and charges to litigants who prove their case by “clear and convincing evidence” undeniably screams “BIASED AND PREJUDICE” (hateful, spiteful, discriminating, retaliation, dishonorable, etc.)

ORC 2111.01(D)2111.022111.0312111.04(D)2111.142111.141

Superintendence of Rules 66 Guardianship

In Camera” = a Judge interjecting himself instead of using the ORC laws which were set in place for the Judge to gather evidence so as to remain impartial “In re: Guardianship of Lauder (2003 Ohio App. 10 Dist.), 2003 WL 194760. An in camera interview of the proposed ward flies in the face of this law and constitutes an abuse of discretion by the Probate Court. (ref. OSC 2010-1147 July 1, 2010 pg 17.)

Ann’s “Executor” (that Brady ordered) is diagnosed Mentally Impaired Incompetent and can “NOT witness in her murder”! There is an existing document the executor will pay his son if he is convicted for her death! If Clair can’t witness in her murder case how can he be her executor?

http://www.apa.org/topics/alzheimers/testing.aspx

“According to the Amsterdam researchers, for instance, the commonly used Mini Mental Status Exam is not as effective as other tests………“ But Brady used the MMSE to override a PsyD. Psychological Evaluation and a PhD Psychological Assessment because these two professional credentials in the field of psychology wouldn’t help Brady steal Clair and Ann’s estate.

The Judges rulings are contradictory to the outline and direction under this act.

JUDICIAL DETERMINATION OF CAPACITY OF OLDER ADULTS IN GUARDIANSHIP PROCEEDINGS.

http://www.apa.org/pi/aging/resources/guides/judges-diminished.pdf

(http://www.law.upenn.edu/bll/archives/ulc/fnact99/1990s/ugppa97.htm)

This is authored by the American Bar Association Commission on Law and Aging, American Psychological Association & National College of Probate Judges

Please see Page 3, column 4. Make Determination – “Analyze evidence in relation to the elements of STATE LAW” (This assures “discretionary” retaliation stays out of decisions)

Page 4, #2. Cognitive Functioning Component – “1997 Uniform Guardianship and Protective Proceedings Act (UGPPA) defines an incapacitated person as an individual who….is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance”. Please take note of Jury Instructions on Pg 61.

After you read the EXP EVALS and May 4, 2010 hearing transcript, does this describe my Dad?

It’s offensive that Brady accused Rosanna of “alleging there was an investigation” of my Mother’s death in his 9/2/2009 decision or that Heaton, who holds my Ann’s case, would submit something this shameful before the Ohio Supreme Court. Maybe if they had REAL investigations, instead of down at the donut shop as Brady is insinuating, Jim might be in jail for his crime now. This statement is located in OSC case 2009-1456 (at the end).

And as the 3rd district reiterated this line from Brady’s 9/2/09 guardianship decision “it is the duty of the Court to protect the rights of individuals and within the least restrictive alternative possible” –

The People’s” Interpretive Discretionary Translation =

It is the duty of the Court to protect the rights of individuals (convicted criminal Tindell boy) and within the least restrictive alternative possible (to roam the streets freely to harm citizens and kill Mrs. Green) or

It is the duty of the Court to protect the rights of the individuals (convicted abusive Robinson parents) and within the least restrictive alternative possible (to remain with their children to kill them or beat 11 month old Dana past the point of repair) or

And since Judges were wrong about the “Tindall boy, Robinson parents, Writ for Public Records, etc.“ proves they are also wrong about:

It is the duty of the Court to protect the rights of the individuals (diagnosed Mentally Impaired Incompetent Clair) and within the least restrictive alternative possible (rule him not incompetent, leaving him controlled and isolated, which leaves him UNPROTECTED to be abused by manipulation and intimidation for exploitation by “the suspect and the courts”. Clair doesn’t know where his financial or personal affairs are or what is going on around him, since his “previous caretaker” has been sent to her grave).

That these crimes are fueled and allowed to continue by our government mocks and laughs about our laws implemented under the ruse of for the “safety, health and welfare” of the people and in the “best interest of the citizens”. Rather the government is serving “their selves“, killing the people.

Rosanna Miller

10469 Westfall Rd.

Amanda, Oh 43102

740-969-2468

“How Soon ‘Not Now’ Becomes Never … Martin Luther

Thomas Paine said, “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one”.

 THE END **********************************************

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