Unfortunately, but not unexpectedly, I was notified on July 22, 2016 that the Athens County Court of Appeals journalized its denial of my appeal on July 15, 2016. Given that the appeal conclusion arises from a defective process of logical reasoning and premise of argument that is factually flawed, it seems that the justice system not only flagrantly violates the rule of law and justice by manipulating fact and logic, but also makes no effort to cover/ conceal this desecration of principles and truth.
With regards to the appeal opinion, I feel obliged to talk about the eviction that both the jury trial of Sept. 29, 2015 and the appeals opinion of July 15, 2016 take seriously as the background for their decision-making.
Before August 2013, I had worked as an on-campus teaching assistant at MU. In July, 2013, my ex-fiance promised both in verbal and written form (affidavit of support) that he would be responsible for me and that he will do so either until we get married, or until I graduate if we have not yet married then.
On reception of the affidavit of support and bank statements from my ex-fiance, MU agreed that I can leave my campus to join my ex-fiance in Ohio while doing my dissertation. Since I came to Ohio in August 2013, I have relied on his promise, because it is illegal for an international student to work off campus.
On Feb. 18, 2014, my ex-fiance broke our engagement as a result of his own unfaithful behaviors. From Feb. 2014 to Nov. 2014, my ex-fiance, an Ohio University professor and physician, exerted intentional infliction of starvation and intentional infliction of emotional distress. The domestic violence not only made me hospitalized in late Oct. 2014, but also left me a record of eviction and ultimately resulted in my dismissal from my doctoral program and current illegal immigration status.
In Sept and Oct. 2014, my ex-fiance filed a revengeful eviction in response to my request for his fulfilling the affidavit of support. In early Oct. 2014, Judge Grim supported my ex-fiance’s eviction and in the meantime decided that my ex-fiance owed me a net payment of approximately $300 ($4500 in total, with $4200 as an attorney fee). During the jury trial of Sept. 29, 2016, Judge Grim stated that he still remembered me because he supported the eviction by my ex-fiancé against me one year before and that I should be inflicted with a severe punishment given my “bad” history. The same judge made a record in my life: The first civil case record and the first criminal case record during my four decades’ life.
Due to my ex-fiance’s refusal to pay my school tuition since 2014 spring semester, my school account had been placed on hold for two semesters (2014 summer and fall) up to Nov. 2014. At the same time, with OU students coming back to school. I lost the opportunity for exchanging my labor for food in a Chinese restaurant where I worked from July 2014 to early Oct. 2014.
In Oct. 2015, with the attorney fee of over $2000 pending (I paid $500 in early July 2014 and $1500 in late July 2014) and two semesters’ tuition of around $5000 unpaid, my ex-fiance refused to pay the court judgement of $4500 in Oct. 2014. Instead, he went to Miami for a romantic vacation. During his vacation, I had no way but to try various means to borrow a loan with attempts to resolving my situation.
Before I received the loan from my sister’s ex-husband (both of them in China), the long-term domestic violence led to my ultimate loss of consciousness twice a day and temporary blindness for both eyes on Oct. 31, 2014, and then I was sent by ambulance to O’Bleness Hospital. I was diagnosed as anemia, gastritis, depression, and anxiety, given an overnight blood transfusion, and hospitalized for five days.
On Nov. 4, 2014, I was discharged from the hospital. When I came back home from hospital, my ex-fiance notified me of an eviction. With nowhere to move to and with no money to pay the rent (I had been waiting for the loan in hospital with no knowledge that the loan arrived on Nov. 4, 2015), I requested my ex-fiance to give me some time and to pay me the court decision as soon as possible. Instead of responding to either of these request, my ex-fiance carried out the eviction immediately with a lady from Athens Municipal court the next day.
After I moved out of my ex-fiance’s place on the eviction, I lived subsequently in three different living-rooms shared with some Chinese students. When I paid off the tuition with the loan I received from China and the hold was taken off my school account, I resumed focus on my academic work in Nov. 2014.
My effort to regain independence, however, resulted in my being handcuffed, arrested, and charged with trespassing in 2015 when I worked hard on my academic paper in the authorized area with permission from authorized agents. These experiences led to my dismissal from my doctoral program on the same day of the jury trial of Sept. 29, 2015 and to my current illegal immigration status.
During the jury trial of Sept. 29, 2015 (Case No: 2015CRB01552), the Athens County Municipal Court decided that I am guilty for the criminal charge of trespassing. My case was submitted to the Court of Appeals of Ohio Fourth Appellate District Athens County in Oct. 2015.
On July 15, 2016, not unsurprisingly, the appeals court affirmed my conviction. The post I publised in Wenxuecity last night is dedicated to my argument against the appeal decision that has been made on the basis of defective logic and factually flawed premise of argument. I filed my case to Ohio Supreme Court on August 29, 2016.
Relevant Documents:
1. On the day of my discharge from hospital as a result of domestic violence by my ex-fiance, Nov. 4, 2014, I received the notification of eviction and in the meantime he refused to pay the court decision.
2. After a loss of weight by 30 pounds within half a year, the long-term intentional infliction of starvation and intentional infliction of emotional distress made me lose consciousness twice a day on Oct. 31, 2014.
https://dl.dropboxusercontent.com/u/8069065/Aug.%208%20Domestic%20violence/2.%20Hospitalization.JPG
3. Medical record
4. Letter from anti-domestic violence organization
5. From late Feb. 2014, my ex-fiance refused to provide food and any other relevant living expense despite the affidavit of support he signed.
6. In Sept. 2014, my ex-fiance filed a revengeful eviction when I had no way but resort to the lawsuit against his contract breaking behaviors.
7. In June 2014, I requested my ex-fiance to fulfill the affidavit of support when my school failed to receive my tuition and I could not register for the summer semester.
8. In May 2014, my ex-fiance notified my school of his refusal to fulfill the affidavit of support.
9. The letter from my school that proves that I worked as a teaching assistant before I came to Ohio.
10. Witness' Proof of my virtues
11. My letter sent to my ex-fiance's family in May 2014
12. My letter sent to my ex-fiance in April 2014
13. Affidavit of Support my ex-fiance signed
https://dl.dropboxusercontent.com/u/8069065/Aug.%208%20Domestic%20violence/13.%20isss-affidavit.pdf
14. My ex-fiance refused to pay any food or other expenses despite his promise both in verbal and written documents. When my school account was placed on hold for over two semsters, I had no way but to borrow a loan from my sister's ex-husband in late Oct. 2014. Before I got the loan from China, this long-term intentional infliction of starvation and emotional distress made me lose consciousness, suffer from temporary eye blindness, and hospitalized for five days.
On the day of my discharge from hospital, I received the loan. One week later, my ex-fiance finally made a final payment of $300 in mid Nov. 2014, $4500 in total with $4200 as an attorney fee.
