Worriedman

Just heard from Nikki, said she has been informed by Channel 5 that Hank Wise, the man who murdered her husband Ben, is to be sentenced to time in a mental institution instead of prison.

I wonder too, it lying to LE is permissible? During our visit at the Sheriff's Office on Monday, they admitted that they agreed to the property line as established by the survey my Father had done, saying they had had their own performed. I check the video tonight, and a ratty old van showed up this afternoon, and a guy got out and walked to two of the corners that touch on my Father's property and stuck red flags beside the pins we uncovered and had put lathing up on and painted orange. He then went to the other side of the road side and pushed in a flag on the other side of the lower drive, which in reality is on the next piece of property, them having only 132' of road frontage, (I have a copy of their deed, and know the constraints of their lines). The flag this guy installed is a measured 165' from their boundary, the drive on that side belonging to the next landowner, (who happens to be my cousin), but they set the flag up to include it as if it were theirs. I expect that I need to include a request for their surveyor's name, and a copy of their receipt for payment of the performance of the survey in our discovery documents??

I also filed a complaint with the Tennessee Department of Human Resources today alleging Elder Abuse, do not know how far that will go, but I figure to pile on while I am hot. Pushed the "Financial Exploitation" aspect, as the neighbor's attempt at taking the property has resulted in expenditures on my parents part for surveyors and lawyers, including the possible loss of the value of the land should they prevail in their theft, as well as the abuse through harassment angle.

In my conversation with the Judge in the late afternoon of the day of the hearing, he allowed that once when he was very young, he witnessed HIS Father in a contest over a property line dispute, and that threats had been made by their neighbor, and his Father responded, marking his conscious to this day that such instances COULD result in violence. After our discussion about what my actions would be if he let the injunction stand as ordered earlier in the day, he agreed to establish a 200' "buffer Zone" along the disputed property line where my Father could not carry his shotgun openly, related to the pleading that the neighbor's statement in the assault complaint that she did not feel "safe" seeing a weapon being borne close to their property (though he agreed that he could in fact, carry his handgun concealed), but that he was free to carry his shotgun anywhere else on the attached 22 acres around his home, and that I was not under his power to control in any way. I required that he put that in writing and deliver it to the neighbors. We agreed that our attorney would deliver a copy of the Official deed and plat, and they would mark it up for the distances agreed to. Our attorney complied the next day, they entered it into the record, but, the Sheriff failed to deliver it as required by the Judge, nor did he inform his Deputies, resulting in our situation on Sunday. On Monday, the neighbors were at the Sheriff's office promptly at 8:00 A.M. to swear out a warrant for my arrest, prior to going to the clerk's Office to pen it. I walked in at 8:01 AM, and Sheriff Wilson explained to the assemblage that the Judge had rescinded his original order precluding me from being able to go armed, and that they could not perfect a warrant or complaint against me for that action. He did admit to having "dropped the ball" on that issue. The neighbors offered to drop their "suit" if we would drop the Civil suit, to which I replied that I did not think that was in anyones best interest. At 4:50 P.M. yesterday, (last day to answer) the complainant turned defendant answered the Chancery Court suit pro sae via a handwritten page of notebook paper delivered to our attorney, admitting the survey perfected by my Father to be correct, but denying all charges in the suit re harassment and attempted adverse possession, stating that further answers would be provided by their council. We have petitioned for a default, seeking Summary Judgment from the Chancery. If that fails, we are prepared to hand over to them about 4" of discovery request, and I guess the game is on.

Thanks, will pass that along.

Actually, our attorney is kind of along for the ride. Have a brother who is an attorney, and several friends who are, so I am getting good advice, plus I read a lot. The more I deal with LE in the County up there, the less impressed I am. A couple of my LE friends say he should have hauled them in for Contempt of Court on the harassment against the Restraining order long ago, the signage on the barrel being enough to invoke that. I have been told several times by that group that this is just a "neighbor" thing, and not worthy of their effort, and that misdemeanor crimes committed but not witnessed by LE never happened.

In Tennessee, TDEC works the EPA calls like TOSHA does any Occupational Safety and Hazard situation. I made the call and offered the video as soon as I was aware of the situation. The Case Officer of the clean up on that site has been appraised. They are to be on site tomorrow. The last time they were there for a record check (3 weeks ago) the neighbor threatened the workers. The Case Worker called the Sheriff and reported the action, but the sheriff said he could not do anything unless the offended party swore out a warrant. Case worker said they would NOT come back without LE in attendance. They have alerted the Sheriff that they will be on site tomorrow.

I mounted an old, non working game camera on a post on that side of the property, (just to throw them off) then installed a top flight security camera attached to a 80 gig DVR that surveys the entire contested property line, (and for a distance of 40-50 yards into my Fathers property) I have them pouring out oil and dumping filters on my Dad's property, (Sheriff says I need to call EPA on that one), plus them standing at the line and screaming at my Father. In their presentment on the criminal charge of assault, they intimated that the wife was out walking her dog at 5:45 A.M. on the day in question and saw my Father with his shotgun near their property, I have video proof that she did not exit her house till 6:30 A.M. sans puppy, but did have her video camera in hand after the husband returned to the house about 6:20, and, the fact that my Father does not appear at all in the full day of video.

I wonder if this is not a patently clear case of "Abuse of the Elderly"? The neighbors attempted to adversely possess my Father's property for no good reason, and now they continue to abuse and harass them.

I suggested to the Sheriff that their actions were in violation of the Restraining Order, he did not agree. Says he can not keep them from standing at the property line and heaping abuse on my parents, nor can he preclude them from video taping their every move. The General Sessions Court judge gave them explicit instructions, that if they saw my parents in their yard they were to "turn their backs" and leave them alone, but, as the Sheriff was not in attendance during the hearing, he says he has not been instructed as such, and that his perception is they have the ability to film anything they want to.

I was warned by the Sheriff to not "take matters into my own hands". I have obtained depositions from numerous members of the community regarding the actions of these two in preparation for the civil suit. The location of the houses is situated between two small country Churches, and several complaints were lodged with the Sheriff about the content of the wording of the barrel, (which was visible from the highway that joins them), he responded that it was "Free Speech" protected by the 1st Amendment. I intend to have our attorney file abuse of process charges, (which resulted in False Arrest) as soon as the civil suit in Chancery Court is complete. The General Sessions judge, even though the DA refused to prosecute the charge against my Father, continued the case until the civil suit is determined, at which time he intimated if my father did not violate any laws, he would dismiss that charges. Now, we will have to pay to have my Father's record expunged once the land dispute is settled. My brother and I have agreed to split that cost, and not even let my Father know about it, as he will really blow a gasket if he finds out that the State will require him to pony up money to clear his record, when he did nothing wrong in the first place.

Would 39-17-308 then be more applicable?

OK, here is where we stand. The Chancery Court issued a Restraining Order 30 days ago, precluding the neighbors from harassing in any way, my parents. (By the way Father is 85 and Mother is 83). Neighbor has been arrested numerous times, once two years ago for intent to resell. (he has felony convictions). Both he and his wife are on disability, neither work, yet he has the nicest Harley of anyone I know, and a big nice double-cab Ford to pull his top-shelf bike trailer with. He is 45 years old. Also, they have made a point of video taping my parents every time they step out of their house, be that to water the flowers or mow the yard, and the barrel has been setting in the side yard just outside my Mother's bedroom window for the last 30 days. They have poured broken beer bottles out in the yard, painted 2-3" rocks green and tossed them into my Father's yard, and driven up rebar leaving it sticking just shy of the grass so that he will hit it with his mower. Sheriff says he can not prove THEY did any of it. TDEC is working an old abandoned gas tank, (their house used to be a country store that had gas pumps, when they sold out and converted to a house they pulled the pumps and left the underground tanks, which failed and allowed the gas to seep into the ground water) to get the petroleum out of the soil. They told them last time they came in to check their wells that they had "boobie trapped" the land on my Father's side of the line, where the old driveway is, we have a deposition of that statement int he Sheriff's possession. Sheriff says that the barrel does not rise to the level of obscenity, General Sessions Court Judge says that it is "Protected" activity under the 1st Amendment. I tend to disagree, under 39-17-308, I consider their actions to be harassment, and I deem the statement on the barrel to be a threat, not simply a display of obscenity. The further explain the situation, three weeks ago, my father was out in his garden at daylight, sitting in a lawn chair with his shotgun, waiting for the moles to start "working' in his strawberries. Guy rides by the front of the house and sees him sitting there with his shotgun, goes over to the county Seat later in the morning and swears out a warrant for assault against my father, and names me in his presentment, (as having been on the property the weekend prior with "two guns" which was one and a spare magazine), includes the fact that here is a Chancery Court case pending on a disputed property line, and has his wife sign the paperwork. Sheriff calls and tells me there has been a Criminal Complaint filed, and that he does not want to have to send d squad car out and bring my Dad in, would I pick him up and bring him in for the paperwork? I agree, and take off a days work. We get to court at 9:00 A.M. as summoned, and it is 3:30 P.M. before his case is heard. The D.A. refused to prosecute, as the distance from the disputed line to where my dad was sitting is a measured 137 yards, and under 30-17-1308, a property owner can be armed on their premises. Judge however, decides to preclude my Dad from being allowed to be armed on his property until the start of next Sept. 1st., as that is the beginning of hunting season. The wife stands up and ask him to include me in the injunction, which he grants. I asked to be heard, (our attorney not making the issue that the judge has no power to control me in that manner, though he did argue that the judge could not preclude my father from being armed on his own property), make the statement that I do not believe he has that power over me, and the judge said it was his court room, he could do as he pleased. I begged to differ and left prior to being charge with contempt. I contacted my own council, and we decided to file complaint with the Judicial Ethics Committee, and in Tennessee, that has to be handled by a State Representative. I made the call and got that working, and contacted the Sheriff, (which it should be noted, i have known all his life). My intention to file charges got his attention, and he had the judge contact me direct, at which point we were able to redirect the injunction by establishing a "buffer" zone along the disputed property line, where my Dad would be disallowed carrying openly, (though it was agreed that he could carry concealed) so as to not "inflame" the situation, and, that he had no power to control where or how I carried, open or concealed, on my Father's property. Yesterday, I delivered his Father's Day present, (enough 3", 1/4" wall thickness 8' long fabricated fence post to set hem at 4' intervals along the disputed property line for when the Chancery Court hearing is done). As we are unloading the post behind his barn, they have the binoculars out and are watching our every move, of course, I have my handgun in its normal inside the waist band holster. After getting the post off my trailer, we walk up to the area where we will be setting the fence, making sure to stay back beyond the prescribed buffer zone. Guy steps around the edge of his carport with his camera, and makes the statement "Nice gun", I replied "Thanks" and kept walking away, at which point he informs me that the "law" is on the way to arrest me. Deputies show up and we discuss the situation, them telling the neighbors that I have a permit, and allowed to be armed on my Father's land, but that they can file charges in the morning if they choose to do so. I went over the Sheriff's office this morning, and as I suspected, the neighbors were there attempting to swear out a warrant for MY arrest. The Sheriff took the opportunity to explain again to them that I was not party to the civil suit, and was not under direction from the court to remain unarmed, and that it would do no good for them to call if they saw me armed. They have until today to answer the civil suit. They made the statement that they would not be contesting the property line, and wanted us to drop the civil suit if they would drop the criminal complaint against my Father. I politely declined to drop anything.

Got a situation going with my Father's place up in Weakly county. Next door "neighbor" is attempting to take a portion of my Father's property due to their understanding of a tax plat received from the county tax office, (even thought the overhead satellite shot picture has a disclaimer on it that says "shall not be used as a legal description"). We have had the meets and bounds of the property established (again) by a licensed and registered surveyor, and the property lines are exactly where we had intimated. The man had run a 4 strand barbed wire fence along where he assumed the property line was, and after having the surveyor establish the meets and bounds, the Sheriff made him take it down off of my Father's land. Subsequent to these actions this was placed outside my Mother's bedroom window: Does this fall under the letter of 39-17-901 Obscenity?

See the arrogance exhibited in this statement by Maggart regarding the race: http://www.tennessea...rimary-opponent Or. could it be whistling in the graveyard?

May the odds be ever in your favor!

I have put as much in as I can. For me, this is THE pivotal race that will decide what course the General Assembly will take in the next two years. A defeat for Maggart could well change the person behind the gavel in the Speaker's position, which would be HUGE with respect to Conservative issues in general, and firearms legislation in particular.

I get so tired of the politicos making the statement that the average Citizen does not understand "how politics work". It is simple, on the average they follow the money to amass power for themselves.

http://tnreport.com/...in-gop-primary/ Gloves are off in the race, Haslam, Ramsey, Harwell et al. are jumping to rally around Maggart. Big Business money and Establishment Republican PACs are "all in" to protect their moderate darling. This is THE race this year.

I would check his contributor list and see if Fed Ex is one of those who gives him money, or if the speaker's PAC contributed. That contradiction can be attributed to cold hard cash.

I have had quite a few conversations with Rep. Shipley regarding this, will be interested to know how he relates the "perceived v. actual" history as he put it to me. Having been personally involved with the two bills all the way through, I have some knowledge of the real goings on.

In 1870, the Tennessee Constitution was re-written in order to regain entry into the Union during Reconstruction. The change that most affected gun rights was the modification of Article 1 Section 26 which the 1835 version of our State Constitution read: "That the free white men of this State have a right to keep and to bear arms for their common defence." (Which in its turn had been chanced from the original Article 11, Section 26 of the 1796 version which was adopted and approved by the then US Congress upon our admittance to the Union, and which read: " That the free men of this State have a right to keep and to bear arms for their common defence.") The actual intent of modifying the Article to the current: "That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime." was to give the Legislature power that theretofore they had not enjoyed to control the People and their ability to carry arms. It has to be understood that the "power" class in Tennessee was Democrat. The force of Reconstruction operated under Lincoln's Republican Party, and did its best to keep the "Old Guard" (what we call the "Good 'Ol Boys") from keeping the same control over the freed slaves that they had prior to the War. The change in the power of the legislature accomplished by law, seemingly in an attempt to control crime, what they could not do after the defeat of the Confederacy in respect to Federal Law giving equal rights to all. The Democrats at the time inteded to keep the freed slaves from being able to have weapons for their defense, while allowing the various entities to be armed under special consideration from local County Sheriffs Departments under "May Issue" rules. The resultant Public Chapter is 39-17-1307. Unlawful carrying or possession of a weapon. (a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4''), or a club. Said restriction is still on our books, and makes ever person who steps off their personal property with a loaded weapon a criminal, though there are several defenses against prosecution, one being the perfection of a Handgun Carry Permit, another a valid hunting license, being employed as a Post Certified Law Enforcement Officer, or as a Judge, etc. but under no circumstance loose sight of the fact that these are merely stopgap measures designed to allow certain privileged groups to be able to "wear" weapons as defined in 39-17-1307, it is still a crime to do so for the general population.

http://tnreport.com/blog/2012/06/01/house-republicans-running-rally-round-the-incumbents-campaign/ I thought the "job" of a State legislator in Tennessee was to: Maggart's use of secret meetings, and secret ballots, to kill the Employee Safe Commute bill seems to act in cross purposes to her oath, and, to what we as Citizens need our legislators, (and the Leadership of said body) to do on our behalf.

http://www.gallatinnews.com/component/content/article/40-frontpage-lead-stories/2995-maggart-presents-recap-of-session-defends-gun-bill-action Is she that void of intelligence, or does she simply think that we are??

Bad lie, we do not have "lax gun control". We have one of the worst gun control laws in the Nation, the "intent to go armed' law is one of the few remaining Jim Crow laws left on books anywhere! As long as our Legislature is controlled by the Moderate/Liberal wing of the Republican Party we will remain in thrall to those who deny what our Constitution demands of those who are supposed to serve us, yet hold us slaves to their own interpretation of what they believe should be the controls on our lives, while refuseing to provide for safety and security of the individual Citizen. Of course it is our own fault, for being complacent and refusing to get involved with our own governance, as the Constitution mandates.