Violations: Improper oral motion; hearsay and prior negotiations; potential personal bias.
Despite not being the last case called during roll call, the magistrate waited until the courtroom was empty except for two non-English speaking people awaiting a hearing before proceeding with my hearing.
Frank McGraw improperly tried to file for dismissal under Rule 15, which doesn’t apply in small claims court, but instead of denying it, the magistrate said he would “allow me this favor” and let the case proceed.
He ultimately denied my claim, stating I didn’t have enough evidence, despite having an official letter from the City of Raleigh noting 14 violations and presenting a one-inch binder of organized evidence.
During the hearing, Anna was allowed to claim without proof that she and her assistant were afraid of me and that other tenants were too — despite no direct incidents to support those accusations.
The magistrate accepted these hearsay statements without requiring any evidence, scolded me, called me a complainer, accused me of having a problem with authority, ignored critical issues raised in my complaint, and cut off my ability to fully cross-examine the defendant.
NC GS § 14‑209. Punishment for perjury.
If any person knowingly and intentionally makes a false statement under oath or affirmation in any suit, controversy, matter or cause, or in any unsworn declaration deemed sufficient pursuant to G.S. 7A‑98 depending in any of the courts of the State; in any deposition or affidavit taken pursuant to law; in any oath or affirmation duly administered of or concerning any matter or thing where such person is lawfully required to be sworn or affirmed, that person is guilty of perjury, and punished as a Class F felon.