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David Alan Carmichael Contest with Virginia
  
Case Citings

Sequential Correspondence
 
Transcript 15 Jan 2009 Hearing On Motion For Injunction

January 5, 2009 Brief
for January 15, 2009 Hearing

(pdf version)

September 11, 2008, Oral Argument On Defendant's Motion For Dismissal And Court Preliminary Ruling
(Oral Argument Audio - mp3)

June 14, Motion For Mandatory Temporary Injunction Filed By Carmichael

June 10, Carmichael Replies To  Gov't Motion For Dismissal

May 21, 2008, Va. Govt. Files Motion For Dismissal

April 28, 2008
Complaint Filed In Circuit Court, Richmond, Virginia


July 30, 2007 Letter
to Governor Tim Kaine


July 30, 2007 Letter
to Trans. Sec. Homer


July 23, 2007 Letter
From Trans. Sec. Homer


June 22, 2007 Letter
to Governor Tim Kaine

June 20, 2007 Letter
From Trans. Sec. Homer

May 23, 2007 Letter to
Governor Tim Kaine

D.B. Smit's Final Refusal to Grant SSN Waiver for Religious Reasons

Letter to D.B. Smit Oct. 27, 2004

Process Starting Sept 1, 2004

Transcript of April 23, 2004 Criminal Trial & Judgement

Transcript of March 11, 2004
Criminal Trial

June 11, 2002
DMV Denial of Religious
Waiver

May 23, 2002 Letter to DMV
Forwarding Applications for
a Driver's License

Feb 27 2002 Response to DMV

Feb 15 2002 Denial by DMV

Feb 6 2002 Redress to DMV

Feb 5 2002 Letter to Delegate Gear Regarding Biometrics Bill

Sep 15 2001 Redress to Virginia Attorney General

May 17 2001 Letter to Congressman Hostetler

Dec 7 1998 Letter to Federal Magistrate

Aug 5 1998 Letter to NHTSA

August 19, 1997 Letter
To Governor Allen

July 27, 1997 Reply to 
DMV Commissioner

June 26, 1997 Letter to
DMV Commissioner


 


contact us

 P.O. Box 4096
Hampton, Virginia
23664-0096
 

    Here is the transcript of the 15 Jan. 2009 hearing on the motion for injunction.  I spent the significant part arguing on the merits.  If I can’t win on the merits, my facts about my damages are irrelevant.

     I believe that I only had the burden of showing -that I could show- that an injunction is needed to prevent impending damage that is not recoverable through any other remedy.

     I don't have any idea which way the judge leans.  I am concerned that she had no idea about 12 exhibits that I had submitted to the Court prior to the hearing.  I had referenced those exhibits in the brief that I submitted ten days prior to the hearing.  I was somewhat encouraged when I found out two days ago that the entire case file is now on the judge’s desk.  At the close of the hearing, she indicated that she had been ready to give a ruling but I had given her too many things to read.  Now that the ruling has not come forth in a week, and she has the entire file on her desk, it may be that she was planning on ruling against me on the day of the hearing.  We don’t have any way of knowing.

    I have given this my best shot.

    Here is a link to the transcript as sent to me in digital form by the reporting service.  I put some things in parenthesis to emphasize places where I was quoting something or to indicate spelling changes.  If you want a quick read, just go to some of the areas that I highlighted.