Kay's Motion To Vacate Comittment Order
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URGENT Filed by facsimile STATE OF INDIANA COUNTY OF MARION STATE OF INDIANA, Plaintiff, vs. KAY KIM, Defendants.
) ) SS: )
IN THE MARION COUNTY SUPERIOR COURT
CRIMINAL DIVISION F08 CAUSE NO. 49F10-0811-CM-254608 05083990 ) 06112139 ) 07140781 ) ) ) ) ) ) )
MOTION TO VACATE COMMITMENT AND TO RELEASE KAY KIM Comes now Defendant Kay Kim, Pro Se, filed a Motion to vacate Order of Commitment to mental institution dated 9/25/2009 and her release on this day of November 6, 2009 as follows and not limited to: 1. I, Kay Kim, Pro Se inform your Honor that on the day of trial hearing on 9/25/2009 your Order of Commitment is illegal and outside the jurisdiction of the Court at that time Kay Kim, Pro Se is appealing in the US Court of Appeals to regain her self representation Rights and the Court has to wait until the US Court of Appeals (Case: 09-3356) and/or the US Supreme Court has ruled on the matter. 2. On 9/25 /2009 you appointed the Public Defender, Matthew Gerber to be standby counsel. I cannot represent myself on that day and do not have a counsel to defend me. 3.
Dr. Parker’s report cannot be used because he is being sued by Kay Kim the Defendant as a Plaintiff, Pro Se in the Federal Court for his conspiracy with the Court (Character In Agreement) to intentionally provide a corrupt and malicious evaluation to commit Kay Kim to a mental institution. Dr. Parker has willfully Page 1 of 4 Motion to vacate Commitment Order In CM254608 Nov6, 2009
committed medical malpractice by deviating from the normal practice of his profession when he reported without any proven evidence that Kay Kim should be committed to a mental institution if the Court concurs. 4. Dr. Parker is not a disinterested psychiatrist and the use of his testimony violates IC 35-36-3-1. Kay Kim was committed to the mental institution based solely on Dr. Parker’s flawed report. 5. Kay Kim, the Defendant was not given any opportunity to challenge and crossexamine Dr. Parker’s testimony. 6. Kay Kim is currently representing herself as Plaintiff, Pro Se in the US District Court (Cause: 1:08-cv-1644 and 1:09 -cv- 1221), US 7th Circuit Court of Appeals (Case: 09-3356.) and Perry Township Small Claims Court (Cause #:49K04 0908 SC 03275). No opposing counsels or judges have ever objected to her self representation. 7. Kay Kim was arrested on November 6, 2008 on the last case. Kay Kim respectfully asked the Court to dismiss, put Kay Kim on trials or continue all the cases the 7th Circuit of Appeals (Case:09-3356) and/or the US Supreme Court can rule on her self representation rights accorded by the US Constitutions. Attached Exhibits: Exhibit A: Entry of Order from US District Court dated October 22, 2009. Exhibit B: Order from US Court of Appeals dated October 8, 2009. Exhibit C: Order from Perry Township Small Claims Court dated Sept. 29, 2009. WHEREFORE, I Kay Kim requests your Honor to vacate the commitment order and release Kay Kim immediately to her own residence at 4250 Village Parkway Circle, Indianapolis, IN 46254. Upon her release Charles Chuang (tel: (317) 641-5977) will be allowed to pick her up from Logonsport State Hospital.
URGENT Filed by facsimile
Respectfully Submitted, DATE: ___________________
________________________________ Kay Kim Pro Se Defendant Logonsport State Hospital, (Dodds #1E) 1098 S. State St 25 Logonsport, IN 46947
CERTIFICATE OF SERVICE Due to the current circumstances the Plaintiff is unable to serve foregoing to prosecutor. The Plaintiff respectfully requests the Court to notify the prosecutor.
_________________________ Kay Kim, Pro Se – Defendant Logonsport State Hospital (Dodd #1E) 1098 S. State Road 25 Logonsport, IN 46947
DISTRIBUTION: Prosecutor: n/a F08: ph317-327-3202, Fax317-327-1432, clk317-327-5665
Page 3 of 4 Motion to vacate Commitment Order In CM254608 Nov6, 2009
STATE OF INDIANA COUNTY OF MARION
) ) SS: )
STATE OF INDIANA,) Plaintiff, vs. KAY KIM, Defendants.
IN THE MARION COUNTY SUPERIOR COURT
CRIMINAL DIVISION CAUSE NO. 49F080505CM083990 49F080606CM112139 49F080607CM140781 ) 49F080505CM254608 ) ) ) ) ) ) ) ORDER
Comes now, Defendant Kay Kim, Pro se, filed her Defendant’s Motion for the Court to vacate the commitment order and release Kay Kim immediately to her own residence at 4250 Village Parkway Circle, Indianapolis, IN 46254. IT IS THEREFORE ORDERED, ADJUDGED AND DEGREED by the Court that said Motion is GRANTED.
SO ORDERED _______________, 2009.
CC: Deputy Prosecutor Kay Kim, Logonsport State Hospital (Dodds #1E) 1098 S. State Road 25 Logonsport IN 46947 Charles Chuang 4250 Village Parkway Circle, Apt 2 Indianapolis, IN 46254
___________________________ Danial Pfleging, Special Judge Marion Superior Court, Criminal 8 E-642 City-County Building 200 East Washington Street Indianapolis, IN 46204
) ) SS: )
IN THE MARION COUNTY SUPERIOR COURT
CRIMINAL DIVISION F08 CAUSE NO. 49F10-0811-CM-254608 05083990 ) 06112139 ) 07140781 ) ) ) ) ) ) )
MOTION TO VACATE COMMITMENT AND TO RELEASE KAY KIM Comes now Defendant Kay Kim, Pro Se, filed a Motion to vacate Order of Commitment to mental institution dated 9/25/2009 and her release on this day of November 6, 2009 as follows and not limited to: 1. I, Kay Kim, Pro Se inform your Honor that on the day of trial hearing on 9/25/2009 your Order of Commitment is illegal and outside the jurisdiction of the Court at that time Kay Kim, Pro Se is appealing in the US Court of Appeals to regain her self representation Rights and the Court has to wait until the US Court of Appeals (Case: 09-3356) and/or the US Supreme Court has ruled on the matter. 2. On 9/25 /2009 you appointed the Public Defender, Matthew Gerber to be standby counsel. I cannot represent myself on that day and do not have a counsel to defend me. 3.
Dr. Parker’s report cannot be used because he is being sued by Kay Kim the Defendant as a Plaintiff, Pro Se in the Federal Court for his conspiracy with the Court (Character In Agreement) to intentionally provide a corrupt and malicious evaluation to commit Kay Kim to a mental institution. Dr. Parker has willfully Page 1 of 4 Motion to vacate Commitment Order In CM254608 Nov6, 2009
committed medical malpractice by deviating from the normal practice of his profession when he reported without any proven evidence that Kay Kim should be committed to a mental institution if the Court concurs. 4. Dr. Parker is not a disinterested psychiatrist and the use of his testimony violates IC 35-36-3-1. Kay Kim was committed to the mental institution based solely on Dr. Parker’s flawed report. 5. Kay Kim, the Defendant was not given any opportunity to challenge and crossexamine Dr. Parker’s testimony. 6. Kay Kim is currently representing herself as Plaintiff, Pro Se in the US District Court (Cause: 1:08-cv-1644 and 1:09 -cv- 1221), US 7th Circuit Court of Appeals (Case: 09-3356.) and Perry Township Small Claims Court (Cause #:49K04 0908 SC 03275). No opposing counsels or judges have ever objected to her self representation. 7. Kay Kim was arrested on November 6, 2008 on the last case. Kay Kim respectfully asked the Court to dismiss, put Kay Kim on trials or continue all the cases the 7th Circuit of Appeals (Case:09-3356) and/or the US Supreme Court can rule on her self representation rights accorded by the US Constitutions. Attached Exhibits: Exhibit A: Entry of Order from US District Court dated October 22, 2009. Exhibit B: Order from US Court of Appeals dated October 8, 2009. Exhibit C: Order from Perry Township Small Claims Court dated Sept. 29, 2009. WHEREFORE, I Kay Kim requests your Honor to vacate the commitment order and release Kay Kim immediately to her own residence at 4250 Village Parkway Circle, Indianapolis, IN 46254. Upon her release Charles Chuang (tel: (317) 641-5977) will be allowed to pick her up from Logonsport State Hospital.
URGENT Filed by facsimile
Respectfully Submitted, DATE: ___________________
________________________________ Kay Kim Pro Se Defendant Logonsport State Hospital, (Dodds #1E) 1098 S. State St 25 Logonsport, IN 46947
CERTIFICATE OF SERVICE Due to the current circumstances the Plaintiff is unable to serve foregoing to prosecutor. The Plaintiff respectfully requests the Court to notify the prosecutor.
_________________________ Kay Kim, Pro Se – Defendant Logonsport State Hospital (Dodd #1E) 1098 S. State Road 25 Logonsport, IN 46947
DISTRIBUTION: Prosecutor: n/a F08: ph317-327-3202, Fax317-327-1432, clk317-327-5665
Page 3 of 4 Motion to vacate Commitment Order In CM254608 Nov6, 2009
STATE OF INDIANA COUNTY OF MARION
) ) SS: )
STATE OF INDIANA,) Plaintiff, vs. KAY KIM, Defendants.
IN THE MARION COUNTY SUPERIOR COURT
CRIMINAL DIVISION CAUSE NO. 49F080505CM083990 49F080606CM112139 49F080607CM140781 ) 49F080505CM254608 ) ) ) ) ) ) ) ORDER
Comes now, Defendant Kay Kim, Pro se, filed her Defendant’s Motion for the Court to vacate the commitment order and release Kay Kim immediately to her own residence at 4250 Village Parkway Circle, Indianapolis, IN 46254. IT IS THEREFORE ORDERED, ADJUDGED AND DEGREED by the Court that said Motion is GRANTED.
SO ORDERED _______________, 2009.
CC: Deputy Prosecutor Kay Kim, Logonsport State Hospital (Dodds #1E) 1098 S. State Road 25 Logonsport IN 46947 Charles Chuang 4250 Village Parkway Circle, Apt 2 Indianapolis, IN 46254
___________________________ Danial Pfleging, Special Judge Marion Superior Court, Criminal 8 E-642 City-County Building 200 East Washington Street Indianapolis, IN 46204
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