Professional Documents
Culture Documents
JAMES B. STEGEMAN,
Plaintiff/Appellant APPEAL NO. 08-16174-C
DISTRICT COURT NO. 1:08-CV-1971
_________________________________________________________
COMES NOW Appellant and files his Reply to Georgia Power, Scott
Recuse.
The above listed Appellees, appear to complain that Appellant has shown no
basis for recusal, and requests that Recusal be Denied. Appellant replies to the
allegations made in Appellees’ Response and will show further sufficient basis for
1
Brian Watt signed the letter accompanying Appellees’ Response, one could easily get
confused on who is representing who from Troutman Sanders in this Appeal.
ARGUMENT AND CITATION OF AUTHORITY
Assuming that this Court did in fact recently state “the claim of bias under
§455 must show that the bias is personal as distinguished from judicial in nature”;
it has also been stated that there can be a showing that the Judge is partial to one
Whitley, 93 F.3d 205, 207 (5th Cir.1996); Lemons v. Skidmore, 985 F.2d 354, 357
(7th Cir. 1993); Bailey v. Sys. Innovation, Inc., 852 F.2d 93, 98 (3d Cir. 1988).
Mississippi, 403 U.S. 212, 216 (1971); accord Concrete Pipe & Prods. v. Constr.
Laborers Pension Trust, 508 U.S. 602, 617 (1993) (“due process requires a
The United States Supreme Court has stated: “and this ‘stringent rule may
sometimes bar trial by judges who have no actual bias and who would do their very
best to weigh the scales of justice equally between contending parties,’ Offutt v.
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between contending parties," In re Murchison, 349 U.S. 133,
136 (1955). See also Taylor v. Hayes, 418 U.S. 488 (1974).”
Further, when the Judge has actual knowledge that there is a reason to
“If the Due Process Clause requires recusal only when a party
could prove actual bias arising from personal animus in the
judge’s heart or cold cash in the judge’s pocket, then the rights of
parties to a fair and impartial judge would be imperiled.
Probabilities of unfairness, likelihood of bias, and unacceptable
perceptions are at the heart of circumstantial evidence, which is
sometimes the only evidence available on the issue of whether a
judge is constitutionally required to disqualify” Randall T.
Shepard, Campaign Speech: Restraint and Liberty in Judicial
Ethics, 9 Geo. J. Legal Ethics 1059, 1087 (1996)
Fact: Judge Frank Hull is married to Antonin Aeck of Lord, Aeck and
Sergent2 an architect firm. Georgia Power a couple of years ago, hired to its Board
of Directors a Robert L. Brown Jr., who “got his start with Lord, Aeck and
2
Lord, Aeck and Sergent is a prestigious architect firm in Atlanta.
3
“Georgia Power Adds New Board Members” from PR Newswire:
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/05-21-
2003/0001951752&EDATE=
3
“about 131” results “in 0.12 seconds”;4 “Google” search for “Aeck Troutman
Sanders Georgia Power” returns “about 98” results “in 0.44 seconds”;5 and
“Google” search for “Aeck Georgia Power” returns “about 865” results “in 0.27
seconds”.6 Rather than state every document Appellant read on the relationships,
The Trust for Public Land Georgia Advisory Council consists of: Antonin
(Tony) Aeck of Lord, Aeck & Sargent; Patricia Barmeyer of King & Spalding,
LLP;7 Ben Harris of Georgia Power Co.; and Wayne Vason of Troutman Sanders,
LLP8
Clearly, Judge Hull has reason to disqualify herself. As was stated in Brief
in Caperton, et., al., v. At. Massey Coal Company, Inc., et., al.,. On Petition for a
Writ of Certiorari to the Supreme Court of Appeals of West Virginia, No. 08–22:
http://www.google.com/search?hl=en&rlz=1B3GGGL_enUS273US313&q=aeck+trout
4
man+sanders&start=0&sa=N
http://www.google.com/search?hl=en&rlz=1B3GGGL_enUS273US313&q=aeck+trout
5
man+sanders+georgia+power&btnG=Search
6
http://www.google.com/search?hl=en&rlz=1B3GGGL_enUS273US313&q=aeck+georgi
a+power&btnG=Search
7
Appellant points to Judge Duffey’s past partnership with King & Spalding.
8
http://www.tpl.org/tier3_cd.cfm?content_item_id=1319&folder_id=249 * Updated
1/2009
4
On page 7: “Lord MacMillan, Law and Other Things 217-18
(1937). Jerome Frank noted the peculiarly individual factors that
can influence decisions: "these uniquely, highly individual,
operative influences are far more subtle, far more difficult to get
at. Many of them, without possible doubt, are unknown to
anyone except the judge. Indeed, often the judge himself is
unaware of them." Jerome Frank, Courts on Trial 151 (1950).”
In reality, the relationship between the Judge and Appellees, can and will
recusal will give the appearance of “fairness” and “much more effectively the
litigant’s due process right to an impartial judge.” Judge Hull had a duty to
Appellees’ page 2: “…proper for a judge to sit in the same case upon
remand…”. Judge Becker has supposedly set a hearing for Summary Judgment in
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the Superior Court action.9 As of today’s date, March 3, 2009, the Superior Court
has refused to show on the Docket Report Appellant’s Responsive Pleadings filed
Appellees and frustrate the resolution of this case”; with *fn1 bringing up Motion
to Recuse Judge Becker in Superior Court and Motion to Recuse Judge Duffey in
District Court.
The Appellees, have involved other parties in a covert attempt to hide the
fact that they have already broken the law concerning the Land Registration Act.
The reformation that they claim they want performed has already taken place,
making them and anyone else involved in manipulating the land documents on file
at DeKalb County, criminals. The Georgia statute and The United States
Constitution are explicit on such actions, statute states any person involved, and
US Constitution states that the crime is one for which an indictment is not needed.
O.C.G.A. §44-2-43
Any person who: (1) fraudulently obtains or attempts to obtain a
decree of registration of title to any land or interest therein; (2)
knowingly offers in evidence any forged or fraudulent
document in the course of any proceedings with regard to
registered lands or any interest therein; (3) makes or utters
any forged instrument of transfer or instrument of mortgage or
9
The hearing notice was sent to Appellant, although the “Scheduled Events” on the
Docket Report do not reflect a hearing, or the documents filed in Response to Summary
Judgment, and other documents filed on February 24, 2009 “Exhibit 1” and the Calendar
has yet to be made available. If there are no scheduled events, and a litigant or his
attorney(s) do not appear on the Calendar, there is no hearing, period.
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any other paper, writing, or document used in connection with
any of the proceedings required for the registration of lands or
the notation of entries upon the register of titles; (4) steals or
fraudulently conceals any owner's certificate, creditor's
certificate, or other certificate of title provided for under this
article; (5) fraudulently alters, changes, or mutilates any
writing, instrument, document, record, registration, or
register provided for under this article; (6) makes any false
oath or affidavit with respect to any matter or thing provided
for in this article; or (7) makes or knowingly uses any
counterfeit of any certificate provided for by this article shall
be guilty of a felony and shall be punished by imprisonment
for not less than one nor more than ten years.
O.C.G.A. §44-2-44
Any clerk, deputy clerk, special clerk, or other person
performing the duties of the office of clerk who: (1)
fraudulently enters a decree of registration without authority of
the court; (2) fraudulently registers any title; (3) fraudulently
makes any notation or entry upon the title register; (4)
fraudulently issues any certificate of title, creditor's certificate,
or other instrument provided for by this article; or (5)
knowingly, intentionally, and fraudulently does any act of
omission or commission under color of his office in relation to
the matters provided for by this article shall be guilty of a felony
and shall be removed from office and be permanently
disqualified from holding any public office and shall be punished
by imprisonment for not less than one nor more than ten years.
7
Because of the parties involved and the amount and kind of criminal activity
involved, both the State and Federal RICO acts come into play.
Under Georgia Law, the charge for “using a false document does not apply
“We agree with the State that the Court of Appeals erred when it
held that a charge of "using" a false document under OCGA 16-
10-20 applies only to a person who uses a false document that
was prepared by another.” State v. Johnson, supra at 837
State v. Luster, 204 Ga. App. 156, 158 (1) (a) (ii) (419 SE2d 32)
(1992). Even construing OCGA 16-10-20 strictly against the
State, see generally Jowers v. State, 225 Ga. App. 809 (2) (484
SE2d 803) (1997), the language therein unambiguously prohibits
an individual from making or using any false writing or
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document, without regard to the identity of the individual who
initially made or subsequently used the false document.
covert attempt to hide the fact that they have broken numerous Georgia and United
another fine example of what Appellant has had to endure throughout both
Appellees would have one believe that all the procedural, technical, legal
violations by these Appellees are from Appellant’s voicing his “political views”?;
and that the following are “political views”: the Constitutions of Georgia and the
United States; statutes concerning real property and the use of fraudulent land
documents; the Civil practice acts; Due process of law; ADA Title II; meaningful
One could safely assume that the outcome of the Summary Judgment as well
covert action to hide the fact that the law has already been broken; and who has
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statute concerning real property, ignored a “protective” Motion to Stay, and
allowed opposing counsel to take over and manipulate the Court system.
Duffey violated Appellant’s Rights as well, and went further, violating Appellants
First Amendment Rights claiming that Appellant and Ms. McDonald had been
“sued by Wachovia for fraud”10, a total lie; Judge Duffey’s Order stating that was a
Further, the time for to resolve the matters between Georgia Power and
Appellant was long ago, they refused to do so, instead they involved other
never existed. When Appellant continued to insist the document did not pertain to
his property, Georgia Power had the document manipulated and put into County
records, see “Exhibit 2” The proof of this is that they want a “Reformation”11 of
the handwritten document, show they want Land Lot changed from 13 to 73 and
the spelling of the road in the reformation request is Shepherd Rd, the exact same
spelling that is on the Certified land document obtained from DeKalb County. The
opposing attorneys in both the Superior Court action and the District Court action
are not so stupid that they have not noticed the proper spelling of Sheppard Rd.
10
Judge Duffey’s Opinion and Order Dismissing the case, pg. 2 fn1, 2nd ¶
11
Defendant’s First Amended Answer and Counterclaim Superior Court
10
There is no other logical explanation to have the road still misspelled, they cannot
afford for the attached Certified Document to come into play. Just as the hired
“land document examiner” whose Affidavit is being used in Superior Court for
their Motion for Summary Judgment, did not find the document, that Appellant has
So, the Appellees have shown that they continue to break the law to cover up
their crimes, Judge Becker has refused to act against the crimes, District Court
joined the conspiracy when that Court refused to act. There is no better
explanation Appellee has for all of these Appellees to object to a Motion to Recuse
a Judge that they have personal ties with except….they know the outcome if all
parties stay in place. Appellees need look only to themselves as the ones who
will be practicing Abundans cautela non nocet. Appellant truly believes that had
counsel been appointed, there would not be further violations of his Rights.
Furthermore, the Courts in Georgia have made it clear, they do not care about
Courts in Georgia have consistently violated the Rights of the disabled, and
granted immunity to the state; see US v. Georgia, 126 S. Ct. at 882 in which The
United States Supreme Court reversed the 11th Circuit’s decision in it’s entirety and
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remanded the case. In Georgia, the Supreme Court included instructions to lower
Georgia, 126 S. Ct. at 882; the Supreme Court mandated the proper procedure for
dealing with disabled pro se litigants, ADA Title II, and the State’s immunity.
Court or this Court according to what The U.S. Supreme Court had instructed in
US v. Georgia.
The Supreme Court in Lane, 541 U.S. at 523-528 teaches that Title II
enforces rights under the Equal Protection Clause as well as an array of rights
subject to heightened constitutional scrutiny under the Due Process Clause of the
hostility, or “mere negative attitudes”, University of Ala. v. Garrett, 531 U.S. 356,
367 (2001); to private biases, Palmore v. Sidoti, 466 U.S. 429, 433 (1984).
unconstitutional. At that point the Court had a duty to contact the U.S. Attorney
General to inform him that Title II was unconstitutional and/or that Congress
lacked authority under the Constitution to enact Title II. The U.S. Attorney
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Violation of Title II makes the bias/prejudice personal; and the relationship
between Judge Hull, Mr. Aeck, Georgia Power, Troutman Sanders, King &
Spalding is not something that the Judge learned from the case.
resolution of the case, Appellees may as well resign themselves to the fact that if
necessary to protect his property, his Rights, and attempt to have the issues in the
case properly decided, Appellant will go The United States Supreme Court,
By: _____________________________
JAMES B. STEGEMAN, Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(404) 300-9782
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UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_______________________________________
JAMES B. STEGEMAN,
Plaintiff/Appellant APPEAL NO. 08-16174-C
DISTRICT COURT NO. 1:08-CV-1971
CERTIFICATE OF SERVICE
I Certify that I have this 4th day of March, 2009 served a true and correct
by causing to be deposited with the U.S.P.S., First Class Mail, proper postage
_______________________________
JAMES B. STEGEMAN, Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
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(404) 300-9782
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