Many of you may have already heard about the poor mother, Katina Tengesdal of Fargo North Dakota, who has been jailed for 8 days because she refuses to give up her constitutional right to determine who her child will associate with. Judge Doug Herman has jailed Mrs. Tengesdal for asserting her constitutional rights as defined by both the United States Supreme Court and his own North Dakota State Supreme Court. This is such an appalling abuse of power that we feel compelled to post this open letter to Mrs. Tengesdal and any of her friends and family who may be helping her or her recently appointed public defender attorney.
We have provided the Supreme Court opinions, basic argument, and legal process by which she can free herself. Her attorney is not a family law attorney so may be unaware of these opinions. Below you will find the argument and shell of a writ for habeas corpus. This is the legal document that can be filed with the Appellate Court to get them to remove you from jail when falsely imprisoned.
If you want to know more about this you can read the article and see the television news coverage on WDAY News 6 with Kevin Wallevand. You can also learn about it on WDAZ News 8 ABC. And hear more about this today on “The Jay Thomas” radio show from 2-5 p.m. central time.
Mrs. Tengesdal, the information below is a significant part of what your attorney needs to free you from jail. Ask your attorney to file the properly formatted appellate document with your appellate court and make the arguments below with the cited cases. This supports what you are doing and your constitutional right to do so:
[IN APPELLATE COURTS THERe IS TYPICALLY A COVER PAGE REQUIRING SPECIFIC DETAILS OF THE CASE. THERE ARE OFTEN FORMS THAT THE APPELLATE COURT WILL PROVIDE THAT COVER SPECIFIC ADMINISTRATIVE DETAILS REGARDING THE CASE. THIS VARIES FROM STATE TO STATE AND EVEN SOMETIMES FROM APPELLATE DISTRICT TO APPELLATE DISTRICT]
[IF STILL INCARCERATED THE FILING MUST BE A WRIT OF HABEAS CORPUS, IF NO LONGER INCARCERATED THE FILING MUST BE A WRIT OF MANDAMUS. THIS IS THE RULE IN TEXAS AND IS LIKELY THE RULE IN ALL STATES, HOWEVER, THIS SHOULD BE CONFIRMED THROUGH LOCAL RESEARCH OF APPELLATE CASES]
WRIT OF HABEAS CORPUS
Now comes _________________ , Relator herein, and requests that the Appellate Court release her from confinement at _____________________ , that the Court find the contempt order ___________________________ , void on constitutional grounds, that the underlying order ___________________ granting grandparent visitation be found void, and that the Trial Court be enjoined from further depriving Relator of her fundamental constitutional rights. Relator asserts:
1) Trial Court abused its discretion and violated Relator’s constitutional right to due process by denying a fundamentally fair process for asserting her rights.
2) Trial Court abused its discretion and violated Relator’s parental right to make decisions for her minor child.
3) Trial Court abused its discretion when ordering grandparent visitation.
4) Trial Court abused its discretion when ordering contempt on its void order
5) That the Nebraska Statute ___________________ used in this case is unconstitutional on its face and as implemented in this instance.
Relator would show the following in support thereof.
Fundamental Liberty Interests
Fit parents have a fundamental constitutional right to determine who their child associates with. State judges cannot normally infringe upon that right even if the judge believes he can make a better decision. See Troxel v. Granville, 530 US 57 – Supreme Court 2000, (As we have explained, the Due Process Clause does not permit a State to infringe on the fundamental right of parents to make child rearing decisions simply because a state judge believes a “better” decision could be made.)
Become a gold member to read the North Dakota specific argument and citations from the State Constitution and case law.
Under the North Dakota Constitution . . .DISCLAIMER:
[WE ARE NOT ATTORNEYS AND ARE NOT POSTING THIS AS A PROPERLY OR LEGALLY FORMATTED DOCUMENT. THIS IS INTENDED AS RESEARCH THAT IS OF VITAL PUBLIC INTEREST NECESSARY TO STOP JUST THE KIND OF INJUSTICE COMMITTED HERE. THIS IS PROVIDED AS A RESEARCH PRODUCT FOR YOUR ATTORNEY TO USE. THIS IS ALSO A POLITICAL STATEMENT TO JUDGE DOUG HERMAN, LETTING HIM KNOW THAT ABUSES OF POWER CAN AND WILL BE CHALLENGED IN THE PUBLIC FORUM.]