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unintended
Archive for 200702 ( return to current blog )
Friday February 23, 2007
Wednesday February 7, 2007
Today is an appropriate day to post this comment because this is the day one year ago that all this began.. this is the day that i checked out a blog and saw that i had been slam dunked on that blog, and later found that on the same day i had been blasted to hell on two other forums, that i had no knowledge of at that time, since then at least three of her friends have harrassed me for defending my position, because when i responded to her blog my comments were deleted, and on a there was another post made stating that she didn't want the INFO out as to what led to the court order, because that was the truth, if not why delete my comments?
On monday Jan. 29th at 5:48 pm Nancy did a post on ( love me or else) that was posted that same day by me and was deleted 4 hrs later.that was just to see if she was really stalking me, and i got my answer.
If you read her blog you will find a great number of my posts and comments that she copy/pasted so my ex could read them there at her leisure without being detected on my site, that wasn't hard to figure out. As you read the following statement taken from the court order be aware that the petitioner has the same responsibility and liability as the respondent..check the court.
THE NO CONTACT ORDER OF PROTECTION The no contact order of protection prohibits the seven forms of abuse above, and also prohibits the defendant from coming about the plaintiff (coming within eyeshot of the plaintiff, where ever she/he may be). That means at home, at work, on the public streets, or anywhere else. It prohibits driving by the plaintiff's home, her/his job site, or any place where she/he is.
"THE CHINESE WALL" ORDER OF PROTECTION This order of protection is the same as the no contact order of protection, but additionally prohibits all forms of communication from the defendant to the plaintiff. No telephone calls, mail, fax, pager messages, e-mail, or messages sent through third persons. Of course, messages via attorney-to-attorney contact are acceptable.
The court order states that a $50.00 fine and 10 days in jail can be imposed on the person for each violation of the order for contempt of court. and civil penalties of the $50.00 for each violation. and if the order is violated that can result in 11 months and 29 days in jail, and $2500.00 fine...(Class A misdermeanor) That also includes federal penalties if she or someone from out of state violates the order....
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Saturday February 3, 2007
“An Overview of Criminal Offenses under Tennessee Law”
John M. Scheb II
Department of Political Science
University of Tennessee, Knoxville
This document provides an overview of the substantive criminal law found in the Tennessee Code. Tennessee’s criminal code was revised and thoroughly modernized in 1989. The organization of this overview basically follows the categories of offenses found in Title 39 of the Tennessee Code Annotated (T.C.A.): general offenses, offenses against the person, offenses against property, offenses against the family, offenses against the administration of government, and offenses against the public health, safety and welfare. The overview also includes brief discussions of defenses recognized by Tennessee law and the statute of limitations.
Inchoate Offenses. Tennessee law recognizes the three classic “inchoate crimes” of attempt, solicitation and conspiracy.
39-12-101. Criminal attempt.
(a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: (1) Intentionally engages in action or causes a result that would constitute an offense if the circumstances surrounding the conduct were as the person believes them to be; (2) Acts with intent to cause a result that is an element of the offense, and believes the conduct will cause the result without further conduct on the person’s part; or (3) Acts with intent to complete a course of action or cause a result that would constitute the offense, under the circumstances surrounding the conduct as the person believes them to be, and the conduct constitutes a substantial step toward the commission of the offense. [emphasis added]
(b) Conduct does not constitute a substantial step under subdivision (a)(3) unless the person’s entire course of action is corroborative of the intent to commit the offense.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
CASE-IN-POINT. In State v. Reeves (1996), the Tennessee Supreme Court interpreted the “substantial step” language of T.C.A. § 39-12-101(a)(3): “We hold that when an actor possesses materials to be used in the commission of a crime, at or near the scene of the crime, and where the possession of those materials can serve no lawful purpose of the actor under the circumstances, the jury is entitled, but not required, to find that the actor has taken a “substantial step” toward the commission of the crime if such action is strongly corroborative of the actor’s overall criminal purpose.”
39-12-102. Solicitation - Defenses disallowed. ********************************************************************* (a) Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation. ********************************************************************* (b) It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic.
39-12-103. Criminal conspiracy. ********************************************************************* (a) The offense of conspiracy is committed if two (2) or more people, each having the culpable mental state required for the offense which is the object of the conspiracy and each acting for the purpose of promoting or facilitating commission of an offense, agree that one (1) or more of them will engage in conduct which constitutes such offense. ********************************************************************* (b) If a person guilty of conspiracy, as defined in subsection (a), knows that another with whom the person conspires to commit an offense has conspired with one (1) or more other people to commit the same offense, the person is guilty of conspiring with such other person or persons, whether or not their identity is known, to commit such offense. ********************************************************************** (c) If a person conspires to commit a number of offenses, the person is guilty of only one (1) conspiracy so long as such multiple offenses are the object of the same agreement or continuous conspiratorial relationship.
(d) No person may be convicted of conspiracy to commit an offense unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by the person or by another with whom the person conspired.
(e) (1) Conspiracy is a continuing course of conduct which terminates when the objectives of the conspiracy are completed or the agreement that they be completed is abandoned by the person and by those with whom the person conspired. The objectives of the conspiracy include, but are not limited to, escape from the crime, distribution of the proceeds of the crime, and measures, other than silence, for concealing the crime or obstructing justice in relation to it. (2) Abandonment of a conspiracy is presumed if neither the person nor anyone with whom the person conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation. (3) If an individual abandons the agreement, the conspiracy is terminated as to that person only if and when the person advises those with whom the person conspired of the abandonment, or the person informs law enforcement authorities of the existence of the conspiracy and of the person’s participation therein.
(f) It is no defense that the offense which was the object of the conspiracy was not committed.
(g) Nothing in this provision is intended to modify the evidentiary rules allowing statements of co-conspirators in furtherance of a conspiracy.
39-12-104. Renunciation defense.
It is an affirmative defense to a charge of criminal attempt, solicitation or conspiracy that the person, after committing the criminal attempt, solicitation or conspiracy, prevented the successful commission of the offense attempted, solicited or conspired, under circumstances manifesting a complete and voluntary renunciation of the person’s criminal purpose.
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