And old case, but until now we've not been able to view the opinion.
IN THE COURT OF COMMON PLEASMAGISTRATE'S DECISION
COUNTY OF WARREN, STATE OF OHIO
CASE NO. 08CV72726
DAVID M. NEAL,
JENNIFER BRUNNER, et al.,
What follows are some nineteen paragraphs detailing the "findings" of unnamed "researchers" "forensic document experts" and a "research team" which Plaintiff contends demonstrate that no objective proof can be found that Senator Obama is a "natural born citizen" of the United States. It appears that this all amounts to information Plaintiff gleaned from the Internet and is not within the scope of his personal knowledge. (Order at 2.)
At the hearing on the pending motion, Plaintiff presented no witnesses but himself. From that testimony, it is abundantly clear that the allegations in Plaintiffs complaint concerning "questions" about Senator Obama's status as a "natural born citizen" are derived from Internet sources, the accuracy of which has not been demonstrated to either Defendant Brunner or this Magistrate. As stated recently by the Supreme Court of the United States, “Supposition based on extensive Internet research is not an adequate substitute for admissible evidence subject to cross-examination .... " Crawford v. Marion County Election Bd. (2008), 128 S. Ct. 1610, 1623, fn. 20. Given the paucity of evidence supporting Plaintiffs allegations, this Magistrate cannot conclude that Defendant Brunner has abused her discretion in failing to launch an investigation into Senator Obama's qualifications to hold the office of President of the United States. (Order at 5.)