URGENT

Filed by facsimile
STATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT
) SS: CRIMINAL DIVISION F08
COUNTY OF MARION ) CAUSE NO. 49F10-0811-CM-254608
05083990
STATE OF INDIANA, ) 06112139
) 07140781
Plaintiff, )
)
vs. )
)
KAY KIM, )
)
Defendants. )

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 cross-

examine 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 ) IN THE MARION COUNTY SUPERIOR COURT
) SS: CRIMINAL DIVISION
COUNTY OF MARION ) CAUSE NO. 49F080505CM083990
49F080606CM112139
STATE OF INDIANA,) 49F080607CM140781
) 49F080505CM254608
Plaintiff, )
)
vs. )
)
KAY KIM, )
)
Defendants. )
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. ___________________________

Danial Pfleging, Special Judge
Marion Superior Court, Criminal 8
E-642 City-County
Building
200 East Washington Street
Indianapolis, IN 46204
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