Saturday, 28 December 2013
10TH DISTRICT, BRADLEY COUNTY NEWS, CRIMINAL COURT JUDGE SEEKS TENNESSE 10th JUDICIAL DISTRICT CRIMINAL COURT JUDGE POSITION!
(JAG HUNTER note: Counselor Irion is running for the position presently held by Judge Amy F. Armstrong Reedy!)
Quoted from The Bradley County News ~ December 27, 2013 at 8:37 AM (LINK)
Van Irion seeks 10th Criminal Court Judge position
Van Irion has announced his intent to run for the 10th Criminal Court Judge position.
This is most welcome news to the many hopeful in the area that have waited for this announcement with much anticipation and have a great fondness for Van Irion, pronounced “ear ee on.”
I am most pleased to announce that Van Irion is running for Criminal Court Judge in the 10th which spans four counties, Bradley, Polk, McMinn and Monroe.
I have spent many hours with Van and his family and can safely say he is the real deal.
I have seen him in lows as well as highs and he has always remained focused, diligent and head strong to complete the task at hand.
I have shared the National stage with him marching from DC, to Atlanta and to Lubbock Texas as a Lead Plaintiff in a class action lawsuit aimed to stop the dreaded rollout of nationalized healthcare.
We have shed tears of joy and and have also traveled the eastern US hemisphere, much of the 10th District and the 3rd Congressional District in pursuit of our goals. Gone door to door with him to countless homes spreading the message. I call Van Irion a close friend and can tell you there are few finer than him.
I have vetted him and he is a man of great integrity, honor and trustworthiness. He will make a fine Judge representing the 10th Criminal Court Judge division, he will do so impartially and with integrity.
Tell your friends, light up the social airways with this news, VAN IRION for 10th Criminal Court Judge.
Share and then share some more and on election day, get out and pull the lever for Van Irion.
A word from Van Irion:
Do not be unjust in judging — show neither partiality to the poor nor deference to the mighty, but with justice judge your neighbor.
Thank you for taking the time to consider my candidacy for the position of Criminal Court Judge for Tennessee’s 10th District.
I am deeply committed to the rule of law. As an experienced attorney I have always maintained a commitment to fairness for all participants. As Criminal Court Judge I will uphold the Tennessee and United States Constitutions fairly and impartially, treating all participants in the court process with dignity and respect.
With your support, I hope to serve all of you as Criminal Court Judge for the Tenth Judicial District of Tennessee.
I respectfully ask for your support and for your vote. In the meantime, if you have any questions or want to get more involved please contact me.
Van Irions experience:
Van Irion is an experienced attorney, admitted to practice before the United States Supreme Court, the U.S. Patent and Trademark Office, the 6th Circuit Court of Appeals, the District Court for the Eastern District of Tennessee, and all State Courts in Tennessee. He has also served as an Adjunct Professor at the University of Tennessee School of Law, Transactions Attorney for the University of Tennessee Research Foundation, and Lead Counsel and Founder of Liberty Legal Foundation.
Prior to becoming an attorney Mr. Irion was a Medical Researcher at the University of California School of Medicine and then founded a biotech company.
Mr. Irion served in the US Air Force as an Air Traffic Controller at USAF Little Rock Air Force Base then continued to serve his community as a volunteer Firefighter and Emergency Medical Technician.
• Federal and State Courts
As lead attorney Van has litigated jury trials and bench trials in both state and federal courts. Mr. Irion has litigated several cases to the United States Supreme Court. He has handled criminal and civil cases in Tennessee’s Family courts, Juvenile courts, Sessions courts, Circuit courts, Chancery courts, Criminal Court of Appeals and Civil Court of Appeals. He has also practiced before the Tennessee and Georgia State Supreme Courts, the 6th and 9th U.S. Circuit Courts of Appeals, and U.S. District Courts in Tennessee, Virginia, Texas, Arizona, and California. He has also handled arbitrations, mediations, bankruptcy challenges, and administrative court matters.
• Attorney for UT
For several years Van served as a transactions attorney for the University of Tennessee Research Foundation where he managed the University’s patent portfolio. Van drafted and executed intellectual property licensing agreements and negotiated multi-million dollar contracts for the University.
• Law Professor
Van taught the next generation of lawyers while serving as an Adjunct Professor at the University of Tennessee School of Law.
• Former Medical Researcher
Prior to becoming an attorney, Mr. Irion worked in the genetics and medical research fields both in the public and private sectors, including the University of California School of Medicine and University of Tennessee Research Foundation. He has co-authored several peer reviewed scientific research articles. (listed below).
• U.S. Military Veteran
Mr. Irion is proud to have served in the US Air Force as an Air Traffic Controller at the USAF, Little Rock Air Force Base.
• Volunteer Firefighter and EMT
For several years Mr. Irion served as a volunteer Firefighter and licensed Emergency Medical Technician (EMT).
• Former Congressional Candidate
In 2010 Van ran for Congress in the Republican primary for Tennessee’s 3rd Congressional District. During his campaign, Van was endorsed by Congressman Ron Paul. He was also endorsed by speech writers and other staff of the Reagan White House.
• Lead Counsel and Founder
For three years Van served as the Lead Counsel and Founder of Liberty Legal Foundation. The mission of Liberty Legal Foundation was to strengthen Constitutional protections against governmental abuses by challenging federal court precedents that had diminished the original intent of our Founding Fathers.
University of the Pacific, McGeorge School of Law, Sacramento, CA
Juris Doctor, With Distinction, May 2005
Law Journal: The Transnational Lawyer
Dean’s Scholarship Recipient, 2002-2005
Dean’s Honor Roll, 2003, 2004 & 2005
Academic Achievement Award, 2004
Witkin Award – Top Class Ranking, Contracts, 2003
Witkin Award – Top Class Ranking, Biology, Law & Human Behavior, 2005
Witkin Award – Top Class Ranking, Community Property, 2005
Mock Trial Competition Finalist, 2003
University of California, Davis, California
Bachelor of Science, Biochemistry, 1995
State Bar of Tennessee
U.S. Supreme Court
U.S. Court of Appeals for the 6th Circuit
U.S. District Court, Eastern District of Tennessee
U.S. Patent & Trademark Office
State Bar of Tennessee
Knoxville Bar Association
Selected Scientific Research Publications Authored or Co-
Authored by Mr. Irion
• Non-viral gene delivery to the ventricles in rat brain: Initial evidence for distribution and expression in the CNS; Hecker JG, Hall LL, Irion VR.; Mol Ther. 2001 Mar;3(3):375-84.
• Advances in self-limited gene expression of protective intracellular proteins in-vivo in rat brain; Irion VR, Hecker JG; Anesthesia & Analgesia, 1998:86.
• Self-limited gene expression in vitro in neuronal cell cultures and in vivo in rat brain using mRNA/cationic lipid complexes; Irion VR, Hecker JG; Anesthesia & Analgesia, 1997:84.
• The fidelity of human telomerase; Kreiter M, Irion V, Ward J, Morin G.; Nucleic Acids Symp Ser. 1995;(33):137-9.
• The effect of carrier RNA on transfection efficiency; Third Annual Artificial Self-Assembling Systems For Gene Delivery Conference, November 1996.
• Hsp70 and Reporter Enzyme Expression in Rat Brain after Non-viral Delivery of mRNA and DNA to Lateral Ventricles; Hecker JG, Hall LL, Irion VR.; Society for Neuroscience Meeting, New Orleans, November, 2000.
• mRNA cationic lipid transfected expression of firefly luciferase in mammalian cells is enhanced by addition of tRNA; Giles J, Irion VR, Hecker JG; Western Anesthesia Residents Conference, Seattle, WA, April 17, 1999.
• Effect of cationic lipid ratio and carrier RNA on transfection efficiency; 3rd Annual Artificial Self-Assembling Systems for Gene Delivery Conference; Irion VR, Hecker JG; Cambridge Healthtech Institute, Newton Upper Falls, MA. November 17-18, 1996.
• Effects of electromagnetic fields on gene expression; Irion VR, Irion DN; Golden State Venture Capital Conference & Entrepreneur Expo, San Rafael, April 23-24, 2001.
Get out the vote!
Vote for Van Irion!!!
Blockbuster Exclusive: State of Tennessee: Grand Jury Foremen Are Not Jurors! by Post & Email’s Sharon Rondeau!
Tuesday, 26 November 2013
READ THE FULL REPORT AT- The Post & Email - http://www.thepostemail.com -
Blockbuster Exclusive: State of Tennessee: Grand Jury Foremen Are Not Jurors!
Posted By Sharon Rondeau On Tuesday, November 26, 2013 @ 10:04 AM
IN CONTRADICTION OF STATE LAW
by Sharon Rondeau
The office of the Tennessee Attorney General and Reporter claims that the grand jury foreman is a state employee, not a juror empaneled by state statutes
(Nov. 26, 2013) — The Post & Email can exclusively report that the Tennessee state attorney general’s office has stated on the record that the “foreperson” of all grand juries in Tennessee is IS NOT A JUROR as Tennessee state statutes require.
In December of last year, CDR Walter Francis Fitzpatrick, III was convicted in the Monroe County, TN Criminal Court of “tampering with government records,” with Judge Walter C. Kurtz presiding.
Defense Attorney Van Irion submitted an appeal in the case of State of Tennessee v. Walter Francis Fitzpatrick, IIIprotesting CDR Fitzpatrick’s innocence. One of Irion’s points was that the grand jury foreman had over-served her legal term of one year. Tennessee Code Annotated (TCA) states that following their service on any jury in the state, jurors cannot be resummoned for a minimum of 24 months.
This past September, in his official capacity as Assistant Attorney General for the Criminal Justice Division, Kyle Hixson responded to the Fitzpatrick appeal, writing a brief on the state’s behalf of which The Post & Email first came into possession last Thursday afternoon.
At the bottom of page 13 of his brief, Assistant Attorney General Hixson wrote:
“…the foreman of the grand jury is not ‘impaneled’ from the ‘summoned’ members of the ‘jury pool.’ See Tenn Code Ann. §§ 22-2-306, -307, and -310. The foreperson is ‘appoint[ed]’ by the trial court. Tenn. R. Crim. P. 6(g)(1). As such, section 314, by its terms, does not apply to the appointment process of the grand jury foreperson.”
The state’s entire argument can be read here: HIXSON BRIEF
Section 314 reads as follows:
“22-2-314. Limitation on jury service.
“A juror who has completed a jury service term shall not be summoned to serve another jury service term in any court of this state for a period of twenty-four (24) months following the last day of such service; however, the county legislative body of any county, may, by majority vote, extend the twenty-four-month period.”
Hixson clearly reports that grand jury forepersons do not come from the “jury pool,” are never “summoned” to jury duty, are never “impaneled” as a jurors, and never subject to state laws which deal with jurors and jury duty. Simply stated, Hixson affirms on behalf of the State of Tennessee that grand jury forepersons are never jurors.
However, Tennessee state law commands exactly the opposite: Tennessee statutes say that grand jury forepersons must always be jurors.
Tennessee state law, as tailored and refined by the Rules for Criminal Procedure, require that thirteen (13) jurors (or members) populate all state grand juries.
Hixson has now said, in clear terms in a statement against the state’s self-interest, that criminal court judges add a non-juror to the grand jury by their selection of the foreman. The 12 jurors plus one non-juror combination consequently leaves Tennessee grand juries one short of the lawfully-mandated requirement of thirteen (13) jurors. This has been and remains the case for decades.
Tennessee state law requires that all state residents, in the process of becoming jurors, must initially be randomly selected into the jury pool. From that pool, a smaller number of individuals are randomly selected to be issued summonses to report to the courtroom on a particular day, at which time jurors for the grand jury and trial juries are selected in but a third process of random selection.
In each of these three random selection rounds, the process used must be one that does not allow for the possibility of “human intervention.”
The Tennessee District Attorneys General Conference describes the grand jury as:
…a group of thirteen citizens chosen from the jury panel. One of these thirteen is the fore person and will preside over the grand jury.
Assistant Attorney General Hixson now reports that criminal court judges have always been permitted to install a handpicked non-juror foreman, that is, to “appoint” the foreman from, as Monroe County Court Clerk Martha M. “Marty” Cook has said, “from wherever they choose“ because the state laws that apply to jurors do not apply to non-jurors.
As readers of The Post & Email are already aware, Fitzpatrick’s challenges to the scope and operation of Tennessee grand juries arose upon his discovery in 2010 that the Monroe County Tennessee de facto grand jury foreman, Gary Pettway, had held that position since 1982, a period of twenty-eight (28) consecutive years. Moreover, there was no appointing order or evidence that Pettway had ever been duly sworn in.
Fitzpatrick placed Pettway under citizen’s arrest in April 2010. State law enforcement officials ignored Fitzpatrick’s complaint and arrested Fitzpatrick instead. The Monroe County grand jury then indicted Fitzpatrick for attempting to intimidate a juror, Gary Pettway.
Fitzpatrick has demonstrated that the grand juries and trial juries in Tennessee are unduly influenced by prosecutors, grand jury foremen, and court personnel and contaminated by jurors serving consecutive terms in violation of state law (TCA 22-2-314). In one case in Davidson County, a grand jury foreman chosen by a judge was discovered to be a convicted felon, which violates Tennessee statute and required the review of approximately 800 cases over which the illegally-serving foreman had presided.
Grand jury foremen in Monroe County are reportedly “picked from wherever” the judge “chooses” by means of an unknown vetting process. Throughout Tennessee, grand jury foremen have served for decades or multiple times with occasional breaks in service.
Tennessee Code Annotated provides no special selection process for the grand jury foreman.
Grand jury tampering and judicial misconduct have been reported to The Post & Email in Campbell County, Roane County, Sevier County, and Madison County. Crimes against District Attorney General R. Steven Bebb of the Tenth Judicial District have been alleged but dismissed by Tennessee Attorney General Robert E. Cooper, Jr., although members of the Tennessee General Assembly are working to remove Bebb from his post.
Now, for the first time ever, Kyle Hixson explains that (1) Gary Pettway was never a juror, resulting in (2) the law limiting jury service does not apply to grand jury forepersons such as Pettway, and (3) judicially “appointed” Tennessee residents are allowed to serve in a career position as a county employee called the “grand jury foreman.”
Tennessee Code Annotated (TCA) 40-12-206 is the only state statute which details the composition of every Tennessee state grand jury. The law commands that all grand juries be populated with thirteen (13) jurors (members) and up to five (5) alternates. The law does not provide for the judicial appointment of a “foreman” into a Tennessee grand jury.
The same law makes no distinction among the jurors (members). There is no distinction or separate-identity, non-juror “foreman.”
The process by which all jurors are to be selected is described as (1) Randomly populate the “jury pool,” (2) Randomly select potential jurors from the “jury pool,” (3) “Summon” the potential jurors to court for random selection into the grand and trial (petit) jurors for identified term dates, and (4) “Impanel” the grand juries and trial jurors.
Hixson, representing the state of Tennessee, publicly declared in his September 2013 appeals brief that, in Tennessee, grand jury foremen are not jurors.
Restating the state’s now first-time ever publicly pronounced policy position more clearly:
The grand jury foreman is not a juror.
A criminal court trial judge individually and personally selects, then specifically delegates (appoints, employs) grand jury foremen in Tennessee state.
The grand jury foreman does not come from a randomly-selected jury pool.
The grand jury foreman is not summoned to a courtroom to participate in the process of jury impaneling.
Tennessee state statutes that apply to jurors and jury duty do not apply to the grand jury foreman who is, rather, a paid Tennessee state employee.
Judicial appointment of a grand jury foreman who is a “non-juror, as Hixson described the office and process, is illegal under the Tennessee statutes.
The Post & Email asks if the State of Tennessee is committing the same crime as that which the U.S. Navy continues to perpetrate after more than 23 years in which an honest person is sacrificed and condemned for the sake of preserving a criminal enterprise in which a judge’s personal appointee masquerades as a member of the grand jury, unduly influencing that body and often casting the decisive vote to indict.
Editor’s Note: More articles on Tennessee grand jury foremen and the law will be forthcoming in the near future.
© 2013, The Post & Email. All rights reserved.
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URL to article: http://www.thepostemail.com/2013/11/26/blockbuster-exclusive-state-of-tennessee-grand-jury-foremen-are-not-jurors/
Wednesday, 28 November 2012
JAG HUNTER here:
So,six days before my scheduled 3 December 2012 trial, I sit here asking myself, wondering how many of the thirty bomb threats came from “P.J. FOGGY,” Mr. William L. Bryan (click here).
William Bryan, a.k.a. “P.J. Foggy,” pulled the same stunt in the days leading up to my Tuesday, 20 April 2010 court appearance.