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STATE COURT OF DEKALB COUNTY
Clerk's Office
3630 Camp Circle
Decatur, Georgia 30032
404-294-2099
Melanie F. Wilson
Clerk
Terri Kellman
Chief Deputy
May 11, 2017
Via Mail
James Avery
1840 Mason M ill Rd.
Decatur, GA 30033
Re: Your Open Record Request: James Avery, Citation number: 026695, 027588, 026200 & 027591
Dear Mr. Avery,
Your request was received on May 9, 2017
With respect to the request being made pursuant to the Georgia Open Records Act, please note that the Georgia Attorney General's Office has opined that "courts and other agencies of the judicial branch have a history of self-regulation." Op. Att'y-Gen 79-25. That opinion cited the court's decision in Sams v Olah, 225 Ga. 497, cert den., 397 U.S 914 (1969) for the proposition that "the regulation of the judicial branch of government belongs inherently to the judicial branch itself." In Fathers Are Parents Too v. Hunstein, 202 Ga App. 716, 717(1992), the court discussed the Open Meetings Act (0. C.G.A § 50-14-1 et seq.) and stated that "because current Act ... does not specifically reference the judicial branch, nor otherwise apply to the judiciary in clear and unmistakable terms, we conclude that the Legislature did not intend for the Act to apply to the judicial branch of government." Similarly, the Open Records Act does not name or specifically reference the judicial branch. See O. C. G.A.§ 50-18-70 et seq.
Subject to the foregoing, pursuant to the Uniform Superior Court Rule 21, the Court's records are available for inspection and copying during normal business hours at a reasonable cost. The court has the following documents on file:
Transcript (98 pages)
Audio recording (January 3, 2017 session)
In regards to an audio recording, these cases did were not schedule for hearings on: 02/19/2013, 11/27/2013 and 01/20/2017. Unfortunately, an audio recording was not available for the following sessions: 07/12/2016,08/09/2016,0]/31/2017,02/28/2017 & 04/18/2017.
Please note that in accordance with legislation applicable to the Court, the total estimated cost to search, retrieve and copy the requested documents is $58.99. The fee for copies is 98 copies at $.50 per page, or $49.00. The fee for an audio recording is $9.99. Please submit a certified check or money order for $58.99 to the "State Court -Traffic Division" as payment. Upon receipt of payment, the requested documents will be provided to you or your designee.
Sincerely,
Ms. B. Holmes
Records Technician Principal
Clerk's Office
State Court of DeKalb County
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STATE COURT OF DEKALB COUNTY
Clerk's Office
Traffic Division
3630 Camp Circle
Decatur, Georgia 30032
404-294-2099
Melanie F. Wilson
Clerk
Terri Kellman
Chief Deputy
August 15, 2017
Via Mail
James Avery
1840 Mason Mill Rd.
Decatur, GA 30033
Re: Your Record Request: 026179,026695,027588,0262001,027591,028302, 028309, 028656 and
028659
Dear Mr. Avery,
Your request was received on August 3, 2017. Pursuant to the Uniform Superior Court
Rule 21, the Court's records are available for inspection and copying during normal business hours at a
reasonable cost. After reviewing your request, it has been determined that an audio recording could not be
located on file and is not available at this time. We sincerely apologize for the inconvenience.
Sincerely,
Ms. B. Holmes
Records Technician Principal
Clerk's Office
State Court of DeKalb County
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Good afternoon.
You request for an audio recording is available for pick up. The fee is $9.99. Please provide payment at your earliest convenience.
Thank you for your inquiry.
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Good afternoon.
Your recording is ready for pick up. Please note that in accordance with legislation applicable to the Court,, the total estimated cost to search, retrieve and copy the requested document is $9.99. This includes a fee for an audio recording of a court session. Please submit a certified check or money order for $9.99 to the “State Court -Traffic Division” as payment. Once your payment has been received, the requested document(s) will be provided.
Thank you for your inquiry.
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Hello Ms. Kellum,
Haven't heard from you regarding my request for copies of these court hearings..?
Last time I stopped by and spoke with Mr. Barnard, also requested getting copies of anything you having on file relating to these court hearing, probation, code enforcement, etc., ..? If you have anything relating to competency evaluation, that would be great also?
Sincerely yours,
James E. Avery, DVM
1840 Mason Mill Road
Decatur, GA 30033
JEAveryDVM87@att.net
(404)788-9263
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ATTN: Chief Deputy Clerk Teri Kellman,
This is James Edward Avery; defendant resident 1840 Mason Mill Road, Decatur, GA 30033.
Would it be possible of me receiving this afternoon whatever court documents and/or recordings you have available?
Sincerely yours,
James E. Avery, D.V.M.
(404)788-9263
JEAveryDVM87@att.net
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Mr. Avery,
Yes, the drive will be available this afternoon. Below are the recordings we have found.
2/12/18 9 AM
1/30/18 2 PM
12/19/17 2 PM
11/2/17 9 AM
10/17/17 Partial 2 PM recording
8/15/17 2 PM
1/13/17 2 PM
12/20/16 2 PM
My apologies for the delays,
Teri Kellman
Chief Deputy Clerk
DeKalb County State Court Traffic Division
3630 Camp Circle
Decatur, GA 30032
(404) 294-2006
All things are possible……. Only believe
From: DeKalb County State Court Traffic Division General Information
Sent: Thursday, April 5, 2018 3:27 PM
To: Kellman, Teri M. <tmkellma@dekalbcountyga.gov>
Subject: RE: Open Record Request
Good afternoon.
Please see below.
From: James Avery [mailto:jeaverydvm87@att.net]
Sent: Thursday, April 5, 2018 2:16 PM
To: DeKalb County State Court Traffic Division General Information <dcrcinfo@dekalbcountyga.gov>
Subject: Open Record Request
ATTN: Chief Deputy Clerk Teri Kellman,
This is James Edward Avery; defendant resident 1840 Mason Mill Road, Decatur, GA 30033.
Would it be possible of me receiving this afternoon whatever court documents and/or recordings you have available?
Sincerely yours,
James E. Avery, D.V.M.
(404)788-9263
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Hello Ms. Kellman,
Sorry to keep troubling you with all these requests.
What about the most recent hearing the afternoon of March 13, 2018 with Judge McCoyd?
Citation # 033351 and 033355
Also I need to know the cost if needing a money order?
Sincerely yours,
James E. Avery, DVM
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It has been added to the datastick. The cost is $9.99. It can be paid at the cashiers window in the court building where court is held rather than the Burgess Bldg.. There is not a cashier in the Burgess Bldg today.
Thank you for your patience,
Teri Kellman
Chief Deputy Clerk
DeKalb County State Court Traffic Division
3630 Camp Circle
Decatur, GA 30032
(404) 294-2006
All things are possible……. Only believe
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Hello Ms. Kellman,
Picked up the datastick this afternoon.
Thank you for your time and patience.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
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Hello Ms. Kellman,
This is James Avery the mentally disturbed resident defendant 1840 Mason Mill Road again.
Recently served sixty days our DeKalb County jail for violating the terms and conditions of DeKalb County?Emory University's probation "agreement"...AGAIN!
Because of two drug screening sample having done nothing more than proving me to be the crystal meths addict already having confessed to being the day of the court arrangement when explaining to the clerk why I was unable signing the disposition of the defendant prior to plea:
"I have a crystal meths addiction. I can not sign this!"
~(Simply Jim: Mature Methodist Crackhead)~
"Well...let's see how the judge wants us to proceed ..?"
~(Clerk)~
When only three citations out of thirty-one citations now having and still counting!
Yet still no discussions about the contents of any of these signs.
Anyway!
I'm requesting copies of whatever audio recordings/documents relating to my case you are able releasing to me for these date:
April 10th, 2018 - Court hearing for citation # 033351 and #033355?
-Warrant for my arrest?
May 15th, 2018 - Probation revocation Hearing
As there is probably already another warrant out for my rest, would it be possible requesting STAT for the audio recording my May 15th probation revocation hearing? I'm wanting to compare and see if any more discernible after being off the crystal meths little more than a month?
Sincerely yours,
James E. Avery, D.V.M.
(404)788-9263
JEAveryDVM87@att.net
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Good morning Ms. Kellman,
Thank you for being so patient with me.
This email is the same open records request having sent you earlier this morning having additional dates added:
May 15, 2018 - My copy of the changes to made to terms and condition of probation agreement having refused signing
February 12, 2018 - AM half Probation Revocation Hearing (It was actually the 2 PM half coming with last data stick)
August 9, 2016 - Trial Hearing for the first five citations issue continued: Assistant Solicitor Stephanie Graham vs. Public Defender Marian Maloney
Again,
Thank you,
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Good morning,
Your request is being processed and you will be notified when it is ready for pickup.
Please also note that Ms. Kellman will no longer be processing open records requests.
Thank you for your inquiry.
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Good morning,
Thank you for letting me know that you have received my email.
May I ask why Ms. Kellman will no longer be processing open records requests? Or are we just referring to my open records requests?
Sincerely yours,
James E. Avery, D.V.M
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Good Afternoon,
Your request is completed and now is available to be picked up.
Ms. Kellman will no longer be processing any open records request.
Thank you for your inquiry.
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Good morning,
What was the cost of processing my open records request?
And since our Code Enforcement Division just informed me they only accept Certified Checks my open records request them, what are the payment methods acceptable with the Clerks Office our Camp Circle Courthouse Complex?
Sincerely yours,
James E. Avery, DVM
Thank you.
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Good Afternoon,
The cost will be $13.99 which includes the audio recording and 8 pages.
Thank you for your inquiry.
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ATTN: Ryan Barnard,
Sorry for being so much trouble.
First!
Thank you for providing me with the rest of our DeKalb County Court's audio recording of...THEIR... February 12th, 2018 petition for revocation of ...THEIR...terms and conditions of....THEIR...probation agreement.
Also!
Thank you for providing me with a copy of the written order by our Honorable Judge Matthew McCoyd resulting from DeKalb County's May 15th, 2018 petition for revocation...THEIR...probation agreement.
Now!
The purpose of this email!
May I request we do the same with our DeKalb County Court's ...audio recording...THEIR....May 15th, 2018 petition for revocation of...THEIR...terms and conditions...THEIR...probation agreement?!
Or at least an explanation as to...WHY... not already included my most recent open records request..?
Again!
It would help with my defense for me being able witnessing...MYSELF... whether or not I'm any ...LESS... indiscernible due to the thirty-five days served of the sixty recently having been sentenced to DeKalb County's jail for volunteering the truth the whole truth and nothing but the truth ...ME... having a crystal meths addiction,
It would be a...HUGE... help witnessing this difference...MYSELF!
WHETHER OR NOT ANOTHER DEKALB COUNTY PETITION FOR REVOCATION ....THEIR...PROBATION AGREEMENT!
Sincerely yours,
James E. Avery, D.V.M.
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"Do you watch a lot of T.V.?"
~(Miracle Ear)~
"No. Just one."
~(Simply Jim)~
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Good afternoon,
When submitting the recording request, all of the dates were submitted. Unfortunately there was no recording available for this session.
Thank you for your inquiry
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