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MidwestPerson

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  1. Regarding cbg--You are right about dictation. Regarding legalwriter--the request for subpoenas could be construed as a discovery request.
  2. Thanks for your replies. This is a small district court. There is a county district court clerk who is not an attorney, and her assistant who is not an attorney.
  3. 1. There was only one hearing. It was held on the same day as a lot of other cases were heard. This is the hearing which I say the court audio recording was altered/changed. This was not a case about a "discrepancy" in the transcript so the Judge has both parties come to an agreement about what was said. 2. There was no hearing for a rehearing. The Judge said no in her order. 3. The Court could have taken my three "not prepared, not ready" responses as requests for a continuance. Attorneys go into court hearings and request continuances a lot. 4. My subpoenas could be considered discovery even though I did not say "discovery". 5. I have official copies of all the district court papers. I want a digital copy (DVD or CD) of the original recording. It is a public record, it was recorded in open court, it is an official court document. 6. The opposing attorney wrote the last will for my mother. My sister became POA about 2013. The attorney nor sister would give the other siblings a copy of the POA. An attorney in the attorneys office sent a letter to the siblings saying the firm was representing my mother's estate. Later the opposing attorney admitted he was representing my sister. He did not say he was prepresenting her as executor of the the will. In later interactions with the attorney and his firm, the attorney stated he was representing my sister, then later said he was representing my sister and her spouse. The other siblings did not like this attorney and did not want him involved in any asset transactions. I believe that there is a definite conflict of interest for an attorney to be my mother's attorney, then represent a beneficiary when there is conflict in the estate. 7. The case is on appeal waiting on a decision. 8. I expected my case would be heard. When I say "heard", I mean that I would get to have my say, to present any evidence I had. I thought the judge would be objective and impartial. I have found I was sadly mistaken. 9. I am 72 years old, no legal experience/knowledge, have disabilities. Legal Aid and the Kansas ACLU would not/could not help.
  4. 1..I realize I am/was "over my head". It seems to me that was quite obvious to anyone reading my post. 2. If I had the money for an attorney, I would have gotten one. People without funds (money) are more apt to be taken advantage of by opposing attorneys. 3. Not only did I can some attorneys in various cities, I personally visited some law offices in Wichita and Salina. 4. I do not handle stress well. As you have read, I have difficulty organizing what I want to say. 5. I made a motion to admit a will and to contest the will. 6. I had a subpoena for the opposing attorney and subpoenas for numerous third parties who had business and medical records needed for a hearing for the judge to sign. 7. The judge, I assume, typed the order for a hearing. 8. I thought the day of the hearing was to discuss the subpoenas, etc, like a pre-trial conference. I only had two papers in my bag. All my exhibits were at home. 9. On three separate occassions during the hearing, I told the Court I was did not realize we would have the actual hearing today, and that I was not prepared. I had to remember from memory what I wanted to discuss/say. The Judge said the will would not be admitted, hence the Court did not have to deal with the subpoenas. 10. I started writing down notes as soon as I left the courtroom as to what was said and what occurred in court. 11. I filed a motion to rehear stating in detail why I should be given another hearing. It was in this document that I made mention of particular incidents which occurred in court. 12. The Judge said "no" to a rehearing. The Judge sounded angry. 13. I filed an appeal. 14. The hearing was audio recorded on a digital system. I requested a copy of the transcript from the court reporter. I paid for the transcript. 15. After reading the transcript several times, I realized parts were deleted or altered. I was very upset. I called Topeka to the Supreme Court stating what had transpired. They said I could file a complaint. I was hesitant about doing that. Within the week, I had the papers necessary to file a complaint. 16. According to the court reporter, each minute of recording is about one page of transcript. The recording was 55 minutes long. The transcript of the recording was 37 1/2 pages. 55 minus 38 is 17 minutes/pages of no transcript, no talking??? It is difficult to believe that almost 31 percent of the hearing was silence. That is almost one third! 17. When I requested a copy of the original recording in ditigal form (DVD/CD), The county district clerk, upon review by the Chief District Justice and Chief District Clerk said no. 18. The case is about the estate of my mother, of one of my siblings and their spouse controlling our mother, hiding her from other siblings even crossing state lines to do this, moving this 90+ year old woman 9 times in two and one half years as documented from bank statements, a sibling and spouse who have had financial problems, filing bankruptcy twice, isolated our mother. From March 2012 to December 2015, I did not get to talk to my mother or visit her, except less than a week before she died when she did not know me and I could only visit if my daughter took me. This is about major will changes differing greatly from her 2004 will when I was helping her. 18. I learned later the following The Judge became a judge about seven or eight years ago. The opposing attorney is a municipal judge in three communities in the same judicial district next to the county where the hearing was held. The attorney has been a municipal judge more than 20 years.
  5. Can a judge secretly alter/change a court audio recording? I was pro se. Since I had asked for some subpoenas of the opposing attorney and third parties, I thought the hearing was for that. Instead the judge held the hearing even though I said three different times I did not realize the hearing was that day. I was unprepared having none of my documents. As soon as I left the courtroom, I wrote down everything I could remember. The judge ruled against me. I asked for a Motion to Rehear and wrote why I felt there should be a rehearing. The judge turned the motion down. I filed an appeal with the court of appeals and requested and paid for the transcript from the court reporter. When I received the official written transcript, there were changes and deletions. The opposing attorney who is also a part-time judge in three towns in the same judicial district. As an officer of the court he has not come forward to tell the truth, neither has the judge. The judge stated in his/her comments near the end of the court hearing that I had used the phrase "mumbo jumbo", yet no where in the transcript it is where I am recorded as having said this which I did. In addition to be a 55 minute recording, each minute generally is one page of typing, there are 38 pages of typing or about 38 minutes of words. Seventeen (17) minutes of the hearing are not accounted for. Changes made to the recording were similar to what I had mentioned in the Motion to Rehear. I am interested in comments.
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