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Wednesday, January 8, 2014

Legal Schnauzer Jailed Despite Lack of Proper Notice of Injunction in Clear Violation of Alabama Law

This is Carol, Roger's wife. Legal Schnauzer publisher Roger Shuler has been incarcerated for almost three months which is unlawful due to procedural defects.

Alabama law holds that the opposing party in an injunction hearing must receive notice sufficient to allow for written responses and to take witness testimony. The Shulers were "served" via an unconstitutional traffic stop at the North Shelby County Library on Sept. 29 and an injunction hearing was the next day on Sept. 30. The notice of barely 24 hours violates Alabama law found in the Alabama Supreme Court case styled Southern Homes, AL v. Bermuda Lakes, LLC 57 So. 3d 100 (Ala., 2010).

 "The seeking of a preliminary injunction is a serious matter under Alabama law and the opposing party is entitled to present written material and call witnesses to oppose it," Roger Shuler said. "The Southern Homes, AL case does not specify the amount of time required, but it does require enough to time to give written responses and take witness testimony and that means it probably anticipates two to three weeks of notice maybe more. The fact that we barely got 24 hours notice is a clear violation of Alabama law. And Judge Claude Neilson went ahead with the hearing and has granted an injunction that is unlawful on that ground and other grounds also."

We reported on this issue in a post dated Oct. 10 and included the following information about the Southern Homes, AL case:

Southern Homes argues, among other things, that it received insufficient notice under Rule 65(a)(1), Ala. R. Civ. P., of the hearing on Bermuda's motion for a preliminary injunction, in violation of Southern Homes' due-process rights. We agree. . . . 
In the present case, it is undisputed that Southern Homes had less than two hours' notice of the hearing on Bermuda's motion for a preliminary injunction and that Southern Homes' counsel participated in the hearing only by telephone. Southern Homes was not able to submit written arguments in opposition to the motion or to submit evidence to support its arguments. Also, under the circumstances, Southern Homes could not call any witnesses. . . .
Southern Homes had to be given notice of a hearing in which it was given a fair opportunity to oppose the motion for the preliminary injunction and to prepare for such opposition. Southern Homes simply was not given such notice. Therefore, under these circumstances, we conclude that Southern Homes did not have a fair opportunity to oppose the motion for a preliminary injunction, and, thus, the circuit court exceeded its discretion in issuing the preliminary injunction.

"I've been incarcerated unlawfully for 11 weeks now and the procedural and legal errors in this case are momentous and numerous," Shuler said. "But one of the most glaring deficiencies was that we were given no opportunity to response to this preliminary injunction. Initially I challenged the unlawful service which was the right thing to do because that is the first order of business in any lawsuit. If service is not done correctly, the court has no jurisdiction and there is no case. My Motion to Quash Service motion should have been granted, but it was denied and I was incarcerated and arrested on Oct. 23 before I ever received the order on that. Had I not been arrested, I would have immediately challenged that order and also challenged the lack of notice which should have kept us from having to face an injunction in this case.

What this means is that the preliminary injunction where we did not receive notice is unlawful, the permanent injunction therefore is unlawful, the contempt of court is unlawful and my incarceration therefore is not based in any law whatsoever. And it's just a gross violation of due process rights which is found in the fourteenth amendment of the U.S. Constitution."



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14 comments:

Anonymous said...

Can Roger get bailed out? If so how much is it?

legalschnauzer said...

Anon @ 6:56 AM -- The bail for the alleged resisting arrest is set at $1,000. However, the two counts of contempt of court (civil) are NO BOND. So no, he cannot get bailed out at this time.

Anonymous said...

Here's an article from Courthouse News slightky akin to Roger's dilemma:


Republicans Denied Access to Blogger's Name

http://www.courthousenews.com/2014/01/07/64309.htm

Anonymous said...

One can only imagine what all of these individuals must be thinking whose names have been, are, will continue to surface as direct result of Riley's attempt to bring to bear upon Mr. Shuler his connections with Alabama's "political silencing machine".

Individuals whose names may have never been thought of, now having achieved national and international "CLAIMS TO FAME" being associated with these egregious and arrogant motives and moves to silence one person from his freedom of speech....

Think about it, only pertaining to, and Shuler's post arrest date the number of individual's names surfacing tied to this issue via Riley, may wonder whose name next.

Since this will no doubt have, eventually ties to gambling with Riley administration, SHOULD IT BE ASSUMED NOW THAT LAS VEGAS, BILL BAXLEY'S WATERINGHOLE, IS GIVING OUTCOME ODDS/OR EVEN MONEY ON SHULER'S BEATING THE MACHINE?

Anonymous said...

Anon @ 8:39 am

Thanks, got a copy, will forward specifics Roger's case,
requesting of someone their thoughts.

Clara

e.a.f. said...

well if there is a betting pool how can we get in on the action!. It might be fun and the proceeds can always be sent to Mr. Shuler's defense fund.

the people who are responsible for Mr. Shuler's continued incarceration are only interested in their own goals, which would appear to be, close his blog and get him to no longer investigate. These types of people aren't interested in how many laws may have been broken to attain their goals nor are they interested in First Amendment Rights.

Its that attitude of "winning is everything". Unfortunately on the way to that goal,much is lost,including safeguards incorporated into the U.S.A. Consitution

Anonymous said...

Tennessee U.S. Senator Howard Baker 1973 Watergate Hearings: "What did the president know, and when did he know it"?

POINT: What does Judge Roy Moore and his hand picked judge for Shuler know, and when did they know it? Bastardizing "the people's Constitution for Riley to get to Shuler?

"Washington vs. Gluckberg 117 Supreme Ct 1997.
The due process clause guarantees more than fair process, the liberty it protects includes more than the absence of physical restraint".

"Collins vs. Harker Heights 503 U.S. 115, 125, 1992.
The due process clause protects individual liberty against certain government actions regardless fair procedure
implement".

Clara

Arty said...

NO BOND? That sounds fishy, they let murderers out on bond, again that sounds fishy. What reason do they give for that?

Anonymous said...

THIS POST IS IN ALL CAPS IN ORDER TO GET YOUR ATTENTION. IT IS SO IMPORTANT FOR FOLKS TO KNOW THAT ROGER IS DEALING WITH A THUG. PLEASE GOOGLE "JILL SIMPSON", AND SEE WHAT SHE HAS REVEALED ABOUT ROB RILEY. RILEY IS NOT THE CONSERVATIVE, CHRISTIAN PILLAR OF THE COMMUNITY THAT HE ATTEMPTS TO PROJECT. I DO NOT KNOW ABOUT HIS RELATIONSHIP WITH LIBERTY DUKE, BUT THIS AIN'T HIS FIRST RODEO. CONSERVATIVES, THIS TRAVESTY NEEDS TO BE TURNED AROUND. IT IS TIME TO SET ROGER FREE. LET RILEY BE SWORN IN AND ANSWER SOME QUESTIONS.

Anonymous said...

When is al.com (bob riley mouthpiece) going to do a follow up on Roger's prolonged incarceration? After all, Roger is the only blogger in North America in jail for blogging the truth. Football season is over. Somebody tell them to get to work.

Coyote Lane said...

Jan 2, 2014

Dr. Richard L. Fine imprisoned for 14 months for violating a judge’s order!

Once a dapper Beverly Hills attorney known for his bow tie, Richard Fine has been held in solitary confinement at Los Angeles County Men’s Central Jail for 14 months, even though he’s never been charged with a crime.

Dr. Richard Fine admits, “I ended up here because I did the one thing no other lawyer in California is willing to do. I took on the corruption of the courts,” Fine said in a jailhouse interview with CNN.

http://www.corruptwa.com/

Coyote Lane said...

http://judicial-discipline-reform.org/for_Firefox_users.pdf

legalschnauzer said...

Anon @ 6:27 AM -- Well said!!! Roger is the ONLY jailed journalist in ALL of the Americas--not just North America--per the CPJ 2013 Census. That is an important point..all the Americas includes, of course, the U.S., Canada, Mexico, Central America, South America and the Caribbean.

Anonymous said...

I'm sure there is going to be a video that shows up to help ... This sounds fishy as one stated in prior comments. This guy in jail is getting ram sacked by the legal system. He will win a lot of money on future lawsuits!

Oh.... Why did the cop "Not Video" Tape his arrest from his marked police unit. 2. Why didn't the cop turn on the lights and siren prior to the garage arrest that went wrong. The answer is simple. Because he did not do anything ethical in this arrest. This is a dirty (cop) I'm going to send this to Dateline. This needs traction to get this Judge and Officials involved that are being extremely unethical in their legal ways. People need to get this out on Facebook in this city. Looking into the two officials having an affair might need to have an official investigation. Some Smells Bad the officials are hiding something maybe the Affair has more truth than we know about.