# Petition — Avedisian v. Ramsey

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385010_0904%3A1

## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition
- **Published:** January 1, 1983
- **Citation:** 463 U.S. 1208

## Text

ies lie

No. Cleesnni clone

IN THE
SUPREME COURT OF THE UNITED STATzS

October Term, 1982

SARANELLE AVEDISIAN

Petitioner

ve

NANCY RAMSEY, ET AL

Respondents.

PETITION FOR WRIT OF CERTIORARI
{TO THE COURT OF APPEALS OF MARYLAND

Saranelle Avedisian
14613 Melinda Lane
Rockville, Maryland 20853
Pro Se 460-5573

QUESTIONS PRS=INTS

I. Did the Court Below err and
abuse its discretion when, counter to
its role of supervisor and overseer of
justice, it refused to grant certiorari
after the petitioner had pointed out

(a) her legal right by manda-
tory state statutory law to judgment in
her favor with the possibdle alternative
of partial judgment as it pertains to
respondent Ramsey; and

(bo) the legal and procedural
errors committed in the circuit court
and compounded in the intermediate ap-
peals court both of which had direct
knowledge for years of violations of
petitioner's rights from the 1978-79
case reporting physical and electronic
Surveillance by secret police action

which violate the laws of the land? .

II. Did the Court Below deny due
process in violation of constitutional
law by refusing to review the record when
petitioner contends it was not in conforn-
ity with regular court proceedings as is
shown by the irregular service, and the
following 8 irregular actions taken by
the circuit court which
, (a) executed an Order in favor
of the defendant on the day he submitted
it with his plea in bar which foreclosed
petitioner from (1) notice, (2) hearing,
and (3) time to answer provided by Md Rule
319 and depriving her of a valuable prop-
erty right;

(>) refused to allow amended
process to cure jurisdictional "defect"
and declined to issue its own motion to
declare it cured by defendant's answer to
the merits;

(c) cancelled the first hear-

ing without notice;
ii

(d) failed to enter judgment by
default when moved by petitioner against
respondent Ramsey who did .not object to
jurisdiction by defaulting throughout;

(e) granted respondent Straug-
han's motion to strike 7 of petitioner's
filings, including interrogatories, there-
by suppressing evidence that would have
proved her allegations;

(f) denied all petitioner's mo-
tions by apparent pre-determined policy;

(g) denied hearing (per docket
entry), set almost 9 months after filing,
on motion for summary judgment filed when

respondent Ramsey defaulted at traffic

court trial;
(n) dismissed petitioner's
case with prejudice to which petitioner

voiced objection;
(i) the sheriff made only one
attempt to deliver the executed Order
iii

and that on the l2th day after issuance
and on a night when petitioner regularly

attended cless, as though purposeful.

LIST OF PARTIES

Petitioner: Saranelle Avedisian
Respondents: Nancy Ramsey

John Straughan

iv

PAGE
QUESTIONS FRESENTED ceeecces i
LIST OF PARTIES. cee eee eae oa ee
TABLES OF CONTENTS Coote seees eecee Vv

Bee OR BUR Ee oc ces encvcvecves Vill
OPINIONS AND JUDGMENTS BELOW........ xii
GROUNDS ON WHICH THE JURISDICTION

Ge gue COURT IS INVOKED.........xiit
CONSTITUTIONAL PROVISION,

TREATIZES, STATUTES, ORDINANCES,

AND REGULATIONS INVOLVED.........xilii
RARE OR TH CESS. ccc ue wcecencu 1
I ed Cs ces incccceccencs ET

PFENDIX A

Order denying petition for

writ of certiorari by the

Court of Appeals of Maryland..... dA-l
APPENDIX B

Order denying motion for

POCOMSLICOTE CIO. cc ccccccccccccece Awe

v

TABLE OF CONTENTS

APPENDIX C
Order dismissing appeal by
the Court of Special Appeals
of Maryland. ccscccceccccccssess
APPENDIX D
Memorandum and Order of the
United States District Court
for the District of Maryland
entered July 11, 1978....cecoee
APPENDIX &
Memorandum and Order
Montgomery County Circuit
Court, August 29, 1979...ceeeee
APPENDIX F
Memorandum and Order of the
United States District Court
for the District of Maryland

entered December 20, 1979 .cceces

vi

Aell

TABLE OF CONTENTS

FPENDIX G
Order, Montgomery County circuit
Court, Feorvery 25, 1961;
Respondent Jonn Straughan.......
APPENDIX H
Tape, Docket Entry in Montgomery
County Circuit Court,
MOY 255. LIS ew ccnccrecsecvecececse
APPZNDIX I
U. S. Constitution
BM Riverccecccoceceeseccesece
BM Deccceseccecsscceceseccese
BM EG sc cckcecccserceccecesoce
U. S. Statutes
Uscetuke 44, SOC. LOGS .cccece
Sec. 1985.cccces

Montomgery County Code..cccccccces

vii

P&G

A-21

A-22
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A-24
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A-29

TABLS OF AUTHORITIES

CONSTITUTION, U. S.

Re ooo ob we bee hese ci cece

AMOMEGHERE Seccewcccccececsceseces

Amendment l4d--cccccccccccsccvecces
CCNSTITUTION, MARYLAND

APCICLE She vccccecccccceccccseos
STATUTES

We POG A, © AFF. csc necceses

oe ER ae

MONTGOMERY COUNTY CODE

Me eed © PORIOO aes ccncewuecs
TABLE GF CASES

Barker v. Young, 1922, 119 A 330

Boeing Air Transport v. Farley,

72 Fe2e 7165, TET, 64 App.

D.C. Bw bwc ca waneee

26

Brady v. Meryland, 226 Md. 422 11, 26

Buchalter v. People of State of
B, Yep L965, GF S.CR 1225, 3519

Vio 427, 87 lis Bie 2 Go aaa
Wits

rb

TABLE OF AUTHORITIES

Breithaupt v. Abram, 1957, 77S.

oe Soe, gee Uno. 432, 1 L.Bd.

hk nk inncwecccces
Buchalter v. Peovle of State of

Be Tey 1963, 63 S.Ct 1129,

vas Usas Sat, 87 L.Bd. 1492....

Clay Ve CSC, 1916, 98 A i 2 EG

Covina-Azusa Fire Fighting Union

Local 2415, 1 AFF, AFL-CIO v.

City of Azusa, 146 Cal Reptr

ee RF Occ icccecctce

Hagar v. Reclamation Dist. No. 108

* S.Ct. 665, Iii U.S. 708,

28 L.Ed ao wa ob hh oe vicn
Jackson v. City of Newark, 1895

ee i a he wkecccccece
Lowe v. State of Kansas, 1896

16 S.Ct 1036, 163 U.S. Sl,
41 L.Ed Tac ct cces

ix

PAGS

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dering, obstructing, or defeating in any
manner, the due course of justice in any
State or Territory, with intent to deny
to any citizen the equal protection of
the laws, or to injure him or his proper-

ty for lawfully enforcing or attempting

to enforce, the right of any person, or
class of persons, to the equal protection
of the laws;

USCA 42 § 1985 -- Depriving persons of
rights or privileges

(3) If two or more persons in any
State or Territory conspire or go in dis-
guise on the highway or on the premises of
another, for the purpose of depriving,
either directly or indirectly any person
or class of persons of the equal protec-
tion of the laws, or of equal privileges
and immunities under the laws; or for the
purpose of preventing or hindering the
constituted authorities of any State or

Territory from giving or securing to all

two or more persons conspire to prevent oy
force, intimidation, or threat, any citi-
zen wno is lawfully entitled to vote,

from giving his support or advocacy in a
legal manner, toward or in favor of the
election of any lawfully qualified person
as an elector for President or Vice Presi-
dent, or as @ Member of Congress of the
United States; or to injure any citizen

in person or property on account of such
support or advocacy; in any case of.
spiracy set forth in this section, if

one or more persons engaged therein do,

or cause to be done, any act in further-
ance of the object of such conspiracy,
whereby another is injured in his person
or property, or deprived of having and
exercising any right or privilege of a
citizen of the United States, the party so

injured or deprived may have an action for

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the recovery of damages, occasiord by
such injury or deprivation, against any
one or more of the conspirators.

OATH OF MARYLAND STATE POLICE

I do solemnly swear that I will bear
true faith and allegiance to the United
States of America and to the State of
Maryland. That I will serve honestly and
faithfully to uphold and defend the Con-
stitution of the United States and the
Constitution of Maryland; that I will en-
force the laws of the state of Maryland;
and that I will obey the orders of the
Governor and of the officer appointed
over me according to the rules and regu-

lations of the Maryland state police.

4-29

—_"

MONTGOMERY COUNTY COD=
Til, $55-21-Fo0lice

(7) Responsibility of members gener-
ally. svery member of the police shall be
held responsible for the proper performance
of his duties and for strict adherence on
his part to the rules and regulations 4-
dopted from time to time for the government
of the police, and it shall not be deemed a
valid excuse or justification for anything
he may do contrary to such rules and regu-
lations, or for anything he may omit doing,
that he followed the suggestion or advice
of*any other person, whether connected
with the police or not; except, that an
officer of superior rank may take upon hin-
self the responsibility of issuing direct

and positive orders.

4-30
Maryland Rules of Frocedure

Rule 605. Mul tinie Clains--Judgnent Upon
Gen'l. a. When 2ntered-As to Part or All

Where more than one claim for re-
lief is presented in an action, whether
as an original claim, counterclaim, cross-
claim, or third-party claim, the court
may direct the entry of a final judgment
upon one or more but less than all of the
claims only upon an express determination
that there is no just reason for delay
and upon an express direction for the en-
try of judgment. In the absence of such
determination and direction, any order or
other form of decision, however desig-
nated, which sivudibates less than all
the claims shall not terminate the action
as to any of the claims, and the order or
other form of decision is subject to re-
vision at any time before the entry of

judgment adjudicating all the claims,

Maryland Declératvtion of Rights
art. 24. Due frocess.

That no man ought to be taken or
imprisoned or disseized of nis fresnoid,
liderties or privileges, or outlawed, or

exiled, or, in any manner, destroyed, or

but by the jucgment of nis peers, or dy

the Law of the lend.

CERTIFICATS OF SERVICE

7: SARANSLLE AVEDISIAN, hereby
certity that 6 copies of this petition
for a writ of certiorari were mailed by
regular mail to the attorney of record
in this case, Mr. Bruce P, Sherman, an
Assistant County Attorney for Montgomery
County Maryland, at 2350 Research Blvd.,
Rockville, Maryland 20850, on this yb

day of May » 1983, by certified

mail, return receipt requested,

e Avedisi
14613 Melinda Lane
Rockville, Maryland 20853
460-5573

» Letitioner

Pro Se

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385010_0904%3A1. Public record. Not legal advice.