I would like to urge that Chief Justice Roy Moore promptly remove the Ten Commandments from the state Judicial Building. Said monument cannot be used as a reference in any claim or pleadings and to do so may result in just claims being lost!
I learned this the hard way by siting the Ten Commandments monument in a summary judgment pleading made in the Circuit Court. This included submission of photographs of the Ten Commandments monument. On December 19, the same day that order was made to remove the Ten Commandments monument, a summary judgment was made against my claim which had grounds and good standing in the law.
This cannot be just coincidental. Because I sited the Ten Commandments monument and the fact it serves as foundation for our law, my just and lawful claim was not only lost, but dismissed with prejudice. Hence my claim was hurt and harmed by the fact that the Ten Commandments monument was placed in the state judicial building by Chief Justice Roy Moore. This is a terrible miscarriage of justice!
If the courts of the great state of Alabama and our honorable judges, cannot uphold the law when someone sites the Ten Commandments, then certainly this monument should be removed. It causes confusion, not only to lawyers, but to laymen, who have just and warranted legal claims.
Please remove the Ten Commandments monument before its presence in the state judicial building hurts and harms more people and their claims. If claims cannot be won by siting God's Law, then certainly there is no justification for keeping the Ten Commandments monument in the courthouse!
Will I ever receive justice or remedy from the State of Alabama from this miscarriage of justice? I think not! So long as the Ten Commandments monument stands in the courthouse, it will continue to hurt me, the people of Alabama and our nation which is founded upon principles of law much deeper and more complicated than those fundamental religious belief embodied by the Decalogue.
Ref. This editorial opinion and position paper was written after Circuit Judge William A. Shashy of the Montgomery County Court made a summary judgment and dismissal with prejudice in regard to case number CV-2002-1292. Said summary judgment was made 19 November, 2002, the same date that the Federal Courts made a ruling in regard to the Ten Commandments monument which Chief Justice Roy Moore placed in the state Judicial Building. It is the opinion of this author that William Shashy's ruling was influenced by the Ten Commandments issue and the fact that the Plaintiff in this case sited the Ten Commandments as grounds for making a summary judgment. Because of Judge Shashy's ruling this sets a precedent for similar style cases, that no one in the State of Alabama may use the Ten Commandments as grounds for seeking a judgment. Hence Judge Shashy has in effect ruled that the Ten Commandments can not be used as a foundation in law upon which to base a claim. This opens the door to contest this issue further, given that the plaintiff was not represented by an attorney, a fact which may have contributed to Judge Shashy's ruling, and which may have also led to a miscarriage of justice in this claim.
Sincerely,
Terry Lynch
Date: 26 December, 2002
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