• VAX-UNVAX VIRTUAL TOWN HALL WITH BRIAN HOOKER, PH.D.

    #Vaccines KILL

    Imagine #Corporations that are so #Evil that they are willing to poison everyone on earth to ensure that their victims will always need their worthless products!

    That's EVIL!
    And I believe that EVERYTHING "Big Pharma" is fallen angel tech

    https://old.bitchute.com/video/lhLQnCZQr7cM/
    VAX-UNVAX VIRTUAL TOWN HALL WITH BRIAN HOOKER, PH.D. #Vaccines KILL Imagine #Corporations that are so #Evil that they are willing to poison everyone on earth to ensure that their victims will always need their worthless products! That's EVIL! And I believe that EVERYTHING "Big Pharma" is fallen angel tech https://old.bitchute.com/video/lhLQnCZQr7cM/
    OLD.BITCHUTE.COM
    Vax-Unvax Virtual Town Hall With Brian Hooker, Ph.D.
    ‘Dr. Brian Hooker will be our guest speaker on our next townhall, Wed. Dec. 18, 8PM ET/5PT Co-author of the New York Times bestseller, Vax-Unvax: Let the Science Speak, Brian Hooker, Ph.D. summarizes years of research undertaken with Robert F. Kenne…
    0 Commentaires 0 Parts 74 Vue
  • https://thewashingtonstandard.com/biden-frees-men-who-scammed-5-billion-with-over-1-million-victims/
    https://thewashingtonstandard.com/biden-frees-men-who-scammed-5-billion-with-over-1-million-victims/
    THEWASHINGTONSTANDARD.COM
    Biden Frees Men Who Scammed $5 Billion With Over 1 Million Victims - The Washington Standard
    The single greatest mass jailbreak of corrupt scammers in history. Some people lost their life savings while others lost their dreams in a $900 million fraud that was described as one of the largest Ponzi schemes in history and left behind 1 million victims. Investors in ‘Zeek’ had taken out ...
    0 Commentaires 0 Parts 54 Vue
  • There are reportedly hundreds of victims, including children, ready to come forward against Jay-Z.
    Former NFL player Larry Johnson recounted a disturbing memory of a party in the Colorado mountains with Jay-Z and Beyoncé, where young children mysteriously appeared late at night.
    There are reportedly hundreds of victims, including children, ready to come forward against Jay-Z. Former NFL player Larry Johnson recounted a disturbing memory of a party in the Colorado mountains with Jay-Z and Beyoncé, where young children mysteriously appeared late at night.
    0 Commentaires 0 Parts 137 Vue 2

  • Falsely Claiming to Be an Insurer Can be Criminal

    To Sue for Business Disparagement Evidence is Required

    Post 4951, Posted on December 17, 2024 by Barry Zalma

    Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts.

    See the full video at and at

    Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation.

    BACKGROUND

    This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation.

    The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not.

    OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering.
    DISCUSSION

    Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case.

    Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim.

    Business Disparagement

    The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure.

    The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases.

    Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above.

    ZALMA OPINION

    Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action.

    The State of Utah Department of Insurance should consider this case.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Falsely Claiming to Be an Insurer Can be Criminal To Sue for Business Disparagement Evidence is Required Post 4951, Posted on December 17, 2024 by Barry Zalma Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. See the full video at and at Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation. BACKGROUND This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation. The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not. OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering. DISCUSSION Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case. Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim. Business Disparagement The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure. The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases. Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above. ZALMA OPINION Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action. The State of Utah Department of Insurance should consider this case. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
    0 Commentaires 0 Parts 982 Vue
  • Chimney Rock North Carolina TODAY
    Filmed 12/14/2024: This is what Chimney Rock, North Carolina looks like after Hurricane Helene

    Since Hurricane Helene hit, Joe Biden has announced:
    - $1 billion to Africa to rebuild homes destroyed by natural disasters
    - $988 million to Ukraine
    - An estimated $600 million to Syria

    FEMA Administrator said “no money” to rebuild devastated areas of Hurricane Helene victims here in America. Don't try to tell me democrats love America. They don't.
    https://x.com/WallStreetApes/status/1868181406184013993
    Chimney Rock North Carolina TODAY Filmed 12/14/2024: This is what Chimney Rock, North Carolina looks like after Hurricane Helene Since Hurricane Helene hit, Joe Biden has announced: - $1 billion to Africa to rebuild homes destroyed by natural disasters - $988 million to Ukraine - An estimated $600 million to Syria FEMA Administrator said “no money” to rebuild devastated areas of Hurricane Helene victims here in America. Don't try to tell me democrats love America. They don't. https://x.com/WallStreetApes/status/1868181406184013993
    0 Commentaires 0 Parts 403 Vue 0
  • Chimney Rock North Carolina TODAY
    Filmed 12/14/2024: This is what Chimney Rock, North Carolina looks like after Hurricane Helene

    Since Hurricane Helene hit, Joe Biden has announced:

    - $1 billion to Africa to rebuild homes destroyed by natural disasters
    - $988 million to Ukraine
    - An estimated $600 million to Syria

    FEMA Administrator said “no money” to rebuild devastated areas of Hurricane Helene victims here in America. Don't try to tell me democrats love America. They don't.
    https://x.com/WallStreetApes/status/1868181406184013993
    Chimney Rock North Carolina TODAY Filmed 12/14/2024: This is what Chimney Rock, North Carolina looks like after Hurricane Helene Since Hurricane Helene hit, Joe Biden has announced: - $1 billion to Africa to rebuild homes destroyed by natural disasters - $988 million to Ukraine - An estimated $600 million to Syria FEMA Administrator said “no money” to rebuild devastated areas of Hurricane Helene victims here in America. Don't try to tell me democrats love America. They don't. https://x.com/WallStreetApes/status/1868181406184013993
    0 Commentaires 0 Parts 342 Vue 0
  • Tiny Homes NOT Allowed: County Commissioners & State Rep SLAM Youtuber For Standing Up For the Poor!
    159,806 views Dec 4, 2024 #helene #asheville #justice
    #helene #asheville #tinyhome #justice
    https://www.youtube.com/watch?v=WcBdkgqN3z8

    The prohibition of tiny homes in Haywood County has sparked significant controversy, especially after YouTuber John Ward's video on the subject went viral, prompting a county commissioners' meeting. In his video, Ward highlights the county's refusal to permit tiny homes for victims of Hurricane Helene, questioning whether the commissioners will act to prevent residents from freezing this winter.
    Commissioner Terry Ramey has advocated for suspending certain housing regulations to assist flood survivors, emphasizing the urgency of providing warm shelter. He has collaborated with local churches to develop temporary "Rustic Cabins" for those still living in tents. However, these structures have faced pushback for not meeting residential building codes, as they lack required amenities like bathrooms.
    Ramey plans to address this issue at the upcoming county commissioners' meeting, seeking temporary relief from stringent codes to ensure residents have safe and warm accommodations during the winter. He acknowledges potential criticism from his appearance in Ward's video but remains committed to aiding his constituents.
    The debate underscores the challenges of balancing regulatory compliance with immediate humanitarian needs, especially in the aftermath of natural disasters.
    Camp Rosebuds GOFUNDME:
    https://gofund.me/acc9425c

    Email me:
    [email protected]
    Tiny Homes NOT Allowed: County Commissioners & State Rep SLAM Youtuber For Standing Up For the Poor! 159,806 views Dec 4, 2024 #helene #asheville #justice #helene #asheville #tinyhome #justice https://www.youtube.com/watch?v=WcBdkgqN3z8 The prohibition of tiny homes in Haywood County has sparked significant controversy, especially after YouTuber John Ward's video on the subject went viral, prompting a county commissioners' meeting. In his video, Ward highlights the county's refusal to permit tiny homes for victims of Hurricane Helene, questioning whether the commissioners will act to prevent residents from freezing this winter. Commissioner Terry Ramey has advocated for suspending certain housing regulations to assist flood survivors, emphasizing the urgency of providing warm shelter. He has collaborated with local churches to develop temporary "Rustic Cabins" for those still living in tents. However, these structures have faced pushback for not meeting residential building codes, as they lack required amenities like bathrooms. Ramey plans to address this issue at the upcoming county commissioners' meeting, seeking temporary relief from stringent codes to ensure residents have safe and warm accommodations during the winter. He acknowledges potential criticism from his appearance in Ward's video but remains committed to aiding his constituents. The debate underscores the challenges of balancing regulatory compliance with immediate humanitarian needs, especially in the aftermath of natural disasters. Camp Rosebuds GOFUNDME: https://gofund.me/acc9425c Email me: [email protected]
    Like
    1
    0 Commentaires 0 Parts 976 Vue
  • Tiny Homes NOT Allowed: County Commissioners & State Rep SLAM Youtuber For Standing Up For the Poor!
    159,806 views Dec 4, 2024 #helene #asheville #justice
    #helene #asheville #tinyhome #justice

    The prohibition of tiny homes in Haywood County has sparked significant controversy, especially after YouTuber John Ward's video on the subject went viral, prompting a county commissioners' meeting. In his video, Ward highlights the county's refusal to permit tiny homes for victims of Hurricane Helene, questioning whether the commissioners will act to prevent residents from freezing this winter.

    Commissioner Terry Ramey has advocated for suspending certain housing regulations to assist flood survivors, emphasizing the urgency of providing warm shelter. He has collaborated with local churches to develop temporary "Rustic Cabins" for those still living in tents. However, these structures have faced pushback for not meeting residential building codes, as they lack required amenities like bathrooms.

    Ramey plans to address this issue at the upcoming county commissioners' meeting, seeking temporary relief from stringent codes to ensure residents have safe and warm accommodations during the winter. He acknowledges potential criticism from his appearance in Ward's video but remains committed to aiding his constituents.

    The debate underscores the challenges of balancing regulatory compliance with immediate humanitarian needs, especially in the aftermath of natural disasters.
    Camp Rosebuds GOFUNDME:
    https://gofund.me/acc9425c

    Email me:
    [email protected]
    Tiny Homes NOT Allowed: County Commissioners & State Rep SLAM Youtuber For Standing Up For the Poor! 159,806 views Dec 4, 2024 #helene #asheville #justice #helene #asheville #tinyhome #justice The prohibition of tiny homes in Haywood County has sparked significant controversy, especially after YouTuber John Ward's video on the subject went viral, prompting a county commissioners' meeting. In his video, Ward highlights the county's refusal to permit tiny homes for victims of Hurricane Helene, questioning whether the commissioners will act to prevent residents from freezing this winter. Commissioner Terry Ramey has advocated for suspending certain housing regulations to assist flood survivors, emphasizing the urgency of providing warm shelter. He has collaborated with local churches to develop temporary "Rustic Cabins" for those still living in tents. However, these structures have faced pushback for not meeting residential building codes, as they lack required amenities like bathrooms. Ramey plans to address this issue at the upcoming county commissioners' meeting, seeking temporary relief from stringent codes to ensure residents have safe and warm accommodations during the winter. He acknowledges potential criticism from his appearance in Ward's video but remains committed to aiding his constituents. The debate underscores the challenges of balancing regulatory compliance with immediate humanitarian needs, especially in the aftermath of natural disasters. Camp Rosebuds GOFUNDME: https://gofund.me/acc9425c Email me: [email protected]
    0 Commentaires 0 Parts 894 Vue
  • https://borderhawk.news/illegal-alien-charged-with-hitting-missouri-teen-on-moped-dumping-victim-in-ditch-in-dui-hit-and-run/
    https://borderhawk.news/illegal-alien-charged-with-hitting-missouri-teen-on-moped-dumping-victim-in-ditch-in-dui-hit-and-run/
    BORDERHAWK.NEWS
    Illegal Alien Charged With Hitting Missouri Teen on Moped, Dumping Victim in Ditch in DUI Hit-and-Run - Border Hawk
    An illegal alien is facing a slew of charges after he allegedly crashed into a juvenile moped rider while driving drunk, then dumped the critically-injured boy in a ditch and fled the scene last week in Missouri, authorities say. The horrifying hit-and-run unfolded just before 9 p.m. on Saturday night in Carthage, a small city […]
    0 Commentaires 0 Parts 164 Vue

  • CHUTZPAH: GET AWAY WITH MURDER AND COMPLAIN ABOUT SENTENCE

    Burn Husband to Death for Insurance Money & Plea to Avoid Jail

    Post 4942

    Posted on December 10, 2024 by Barry Zalma

    See the full video at and at

    FACTS

    Mendy Powell Neal, who was charged with the first degree premeditated and felony murder of her husband and the aggravated arson of their home, entered a North Carolina v. Alford, 400 U.S. 25, 37 (1970), best interest plea to voluntary manslaughter, a Class C felony, in exchange for the dismissal of the felony murder and aggravated arson counts of the presentment and an agreed range of three to four years, with the trial court to determine the length and manner of service of the sentence.

    At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, determined that she was not a suitable candidate for probation or other alternative sentencing, and sentenced her as a Range I, standard offender to four years at 30% in the Tennessee Department of Correction.

    In State Of Tennessee v. Mendy Powell Neal, No. M2023-01176-CCA-R3-CD, Court of Criminal Appeals of Tennessee, Nashville (November 26, 2024) the Court of Criminal Appeals affirmed the trial court.

    The Defendant’s husband, Matthew Neal, died in a house fire that totally consumed the couple’s Charlotte log home. The Defendant was charged with the first degree premediated murder of the victim, the first degree felony murder of the victim during the perpetration of an aggravated arson, and the aggravated arson of the home.

    The Defendant proceeded to a jury trial where the State presented evidence for three days establishing the crimes.

    The neighbor, Mr. Swan and a responding deputy, who could hear the victim moaning on the other side of the closed front door, attempted to enter the home but were unable due to the intensity of the fire. The next day, the victim’s burned body was found within ten feet of the front door. The victim was burned over 95% of his body and died of carbon monoxide toxicity and thermal injury. Autopsy showed he was drugged and couldn’t escape.

    Regardless of the evidence of premeditated murder the trial court found that the Defendant’s lack of a criminal history was an applicable mitigating factor and enhancement factors that the victim was particularly vulnerable because of age or physical or mental disability, that the Defendant treated or allowed the victim to be treated with exceptional cruelty during the commission of the offense, that the Defendant had no hesitation about committing the crime when the risk to human life was high, and that the Defendant abused a position of private trust that significantly facilitated the commission of the offense.

    The trial court found that sentencing the Defendant to the maximum length in the Tennessee Department of Correction “was the just and proper sentence due to the Defendant’s misrepresentation and dishonesty as well as the overwhelming circumstantial proof of Defendant’s conniving and forethought regarding the crime.”

    ANALYSIS

    The Court of Criminal Appeals found that there was nothing that warranted waiver of the timely notice of appeal requirement with respect to the trial court’s original sentencing determinations and the trial court acted well within its discretion in declining to reduce or modify the Defendant’s sentence. The Defendant did not show any circumstances, warranting the alteration of her sentence in the interest of justice.

    ZALMA OPINION

    It takes a massive amount of chutzpah (Yiddish for unmitigated gall) to drug your husband so he could not escape being burned to death after setting fire to the house to kill him and collect on a life insurance policy, and then, when damning evidence was presented offer a Alford plea to manslaughter. To then complain that court imposed the maximum sentence even though her agreement with the court changed the aggravated, premeditated murder that could have resulted in life in prison to manslaughter and only 4 years.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk

    Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.
    CHUTZPAH: GET AWAY WITH MURDER AND COMPLAIN ABOUT SENTENCE Burn Husband to Death for Insurance Money & Plea to Avoid Jail Post 4942 Posted on December 10, 2024 by Barry Zalma See the full video at and at FACTS Mendy Powell Neal, who was charged with the first degree premeditated and felony murder of her husband and the aggravated arson of their home, entered a North Carolina v. Alford, 400 U.S. 25, 37 (1970), best interest plea to voluntary manslaughter, a Class C felony, in exchange for the dismissal of the felony murder and aggravated arson counts of the presentment and an agreed range of three to four years, with the trial court to determine the length and manner of service of the sentence. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, determined that she was not a suitable candidate for probation or other alternative sentencing, and sentenced her as a Range I, standard offender to four years at 30% in the Tennessee Department of Correction. In State Of Tennessee v. Mendy Powell Neal, No. M2023-01176-CCA-R3-CD, Court of Criminal Appeals of Tennessee, Nashville (November 26, 2024) the Court of Criminal Appeals affirmed the trial court. The Defendant’s husband, Matthew Neal, died in a house fire that totally consumed the couple’s Charlotte log home. The Defendant was charged with the first degree premediated murder of the victim, the first degree felony murder of the victim during the perpetration of an aggravated arson, and the aggravated arson of the home. The Defendant proceeded to a jury trial where the State presented evidence for three days establishing the crimes. The neighbor, Mr. Swan and a responding deputy, who could hear the victim moaning on the other side of the closed front door, attempted to enter the home but were unable due to the intensity of the fire. The next day, the victim’s burned body was found within ten feet of the front door. The victim was burned over 95% of his body and died of carbon monoxide toxicity and thermal injury. Autopsy showed he was drugged and couldn’t escape. Regardless of the evidence of premeditated murder the trial court found that the Defendant’s lack of a criminal history was an applicable mitigating factor and enhancement factors that the victim was particularly vulnerable because of age or physical or mental disability, that the Defendant treated or allowed the victim to be treated with exceptional cruelty during the commission of the offense, that the Defendant had no hesitation about committing the crime when the risk to human life was high, and that the Defendant abused a position of private trust that significantly facilitated the commission of the offense. The trial court found that sentencing the Defendant to the maximum length in the Tennessee Department of Correction “was the just and proper sentence due to the Defendant’s misrepresentation and dishonesty as well as the overwhelming circumstantial proof of Defendant’s conniving and forethought regarding the crime.” ANALYSIS The Court of Criminal Appeals found that there was nothing that warranted waiver of the timely notice of appeal requirement with respect to the trial court’s original sentencing determinations and the trial court acted well within its discretion in declining to reduce or modify the Defendant’s sentence. The Defendant did not show any circumstances, warranting the alteration of her sentence in the interest of justice. ZALMA OPINION It takes a massive amount of chutzpah (Yiddish for unmitigated gall) to drug your husband so he could not escape being burned to death after setting fire to the house to kill him and collect on a life insurance policy, and then, when damning evidence was presented offer a Alford plea to manslaughter. To then complain that court imposed the maximum sentence even though her agreement with the court changed the aggravated, premeditated murder that could have resulted in life in prison to manslaughter and only 4 years. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.
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