Nashville songwriter Danny Tate lost his case and his temper Friday. After shouting and arguing with a judge, Tate was escorted out of the courthouse by a court officer.[Tate's] lawyer said Danny's brother, David, exaggerated the severity of Danny’s cocaine habit and lied in court so he could be named his brother's guardian.
"The evidence is clear that these allegations were knowingly false," Danny Tate’s attorney, Michael Hoskins, told the court.
Kennedy had given David Tate control over Danny's bank accounts, after David claimed Danny was spending $400 a day on cocaine.
The judge ruled the dollar amount of the habit wasn’t that important; he said David Tate was just trying to save his brother's life.
He ruled against Danny Tate, and that’s when the shouting started. After raising his voice at the judge, Tate was told to leave the courtroom. He said later he felt frustrated the judge wasn’t listening to him.
Tate said his bank account has dwindled from $700,000 to nearly nothing after his brother spent money on legal fees and experts. He said he’s living in a horse trailer behind his house in Belle Meade. It was flooded in the May storms.
Earlier this year, Tate won his effort to have the guardianship dissolved. Now his attorney is in court trying to get some of his client’s money back.
Full Article, Video, and Source:
Songwriter Shouts at Judge, Escorted From Court
See Also:
NashvilleCriminals website
Memorandum of Law in Support of Respondent's Motion for Relief From Judgment
15 comments:
Total fix!
Actually, Danny didn't lose his temper. He stood up and spoke distinctly and purposefully, but he didn't lose his temper.
That can't be said about the audience. There was so much steam in the audience, the courtroom practically turned into a sauna.
Agree, Anonymous 1. The fix was in before Kennedy even called the case.
It's far from over for Danny Tate.
See www.nashvillecriminals.info
I'm glad press was there and got it all on tape!
There is only one species of fraud which will allow post-judgment relief {equitable relief) and that is "extrinsic" fraud.
Exaggerate and perjured testimony is an "intrinsic fraud" -- meaning it goes to the merits of the dispute, as opposed to extrinsic fraud which goes to the manner in which the judgment was procured.
The legal logic to this is that exaggerated and perjured testimony can and should be rebutted in the original proceedings and when it arises, and/or on appeal.
Still, all is not lost for Danny --- there is more than one way to skin a cat ya know
the extrinsic fraud in Danny's case is this ----
Danny agreed to give his bro POA for Danny's benefit, and the protection and prudent handeling of Danny's financial affairs.
Danny did not get what the agreement called for, nor what he bargained for.
Instead Danny got a fiduciary [atty-in-fact] that sold him out; who was far less than prudent; and, who was self-dealing to the detriment of Danny.
In addition, there is an extrinsic fraud in the fact the POA then establiched a conservatorship under which the POA deprived Danny of all access to his resources in a scheme to "quiet Danny before and in the court" essentially keeping Danny out of court that he is/was unable to timely make his case and fairly present his full defenses.
How long was Danny without an attorney before the court allowed Michael Hoskins to represent Danny???
This is the extrinsic fraud ... they make one a ward and then completely ignore the ward's objections and cries.
Hardly a fair and meaningful judicial process
One more thing ---
Danny,
Whenever you want to spout off to a judge frame your statement/question in such a way as to include these words ....
with all due respect, which is not much at this juncture, as a matter of my 1st Amendmnent right to political free speech freely exercised ..... [then say what you want]
Then if the judge throws ya out .... sue him for depriving you of your 1st Amendment right to policial free speech.
And BTW Danny .... the Indiana Supreme COurt has held that "go f*** yourself" is political free speech. Just in case ya ever get the urge ... like I have :)
Rigged....fixed....scripted.....all of the above and WORSE!!!
The courtroom is the 'players' stage, these courtroom bullies are addicted to the power and control and they get paid by the minute.
Mr. Danny Tate immediately honored the judge's order to leave the courtroom.
How Danny has been able to keep himself controlled is amazing.
I would not be able to conduct myself in the same respectful manner .... and that is 100% guarantee I would have been dragged kicking and screaming and spitting, hissing and more.
Okay, this is another report of Danny Tate's behavior in the court that neglects to say what Danny felt was so important to say that he was willing to be respectfully disruptive. Danny's attorney Michael Hoskins filed a motion for relief from judgement based on fraud evidence against David Tate. Kennedy denied motion saying the reason he disregarded the documented evidence of fraud was because none of Danny's previous attorneys had even suggested fraud prior to this. Hoskins explained the timeline of discovery but Kennedy wouldn't listen. Danny stood and said "May I say something please?" Kennedy said "no" but Danny proceeded to say in a projected voice since he had no microphone but nothing close to shouting, "I said there was fraud on (specific date) in 2007" Kennedy said "Mr. Tate leave my courtroom" and Danny said "yes, sir" and picked up his papers and walked calmly out of the room unassisted.
When Danny stood up, he stood up and spoke the truth for all victims.
We are conditioned to sit quietly in court and just take what the judge and the opposition dishes out.
Hooray for Danny Tate for not doing that. That's an example I want my kids to emulate!
Hats off to Danny Tate for speaking up!
Tim's right, it's your First Amendment Right to speak.
Judge Kennedy should be disbarred and debenched.
Marthacares said: ..."Danny's attorney Michael Hoskins filed a motion for relief from judgement based on fraud evidence against David Tate...... Kennedy denied motion saying the reason he disregarded the documented evidence of fraud was because none of Danny's previous attorneys had even suggested fraud prior to this.".....
Danny Tate's prior counsel deserves a grade of: -F; they bailed out, rolled over, joined 'the club' leaving Danny in the dust and under the bus until Attorney Hoskins agreed to represent Danny.
I could be wrong but I recall that one of the GAL's appointed BY THE COURT had been sitting on David Tate's deposition for a very long time.
"none of Danny's previous attorneys had even suggested fraud prior to this"
Those who went before Hoskins failed to act effectively so the client suffers due to incompetency of prior counsel????? who are part of team probate????
Judge Randy Kennedy needs to reconsider his decision...he is wrong, dead wrong and he knows it - we know it.
"none of Danny's previous attorneys had even suggested fraud prior to this"
anon is right on just because one lawyer uncovered what others did not see or want to see is reason for a judge to keep the crimes 'covered up'.
is judge randy kennedy engaging in judicial misconducct?
is he covering up alleged criminal activities?
shouldn't a judge be referring this matter to the authorities for investigation to get to the truth instead of trying to get rid of the evidence?
what is going on in davidson county?
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