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19665Help with Writ of Habeas corpus

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  • hobot
    Jul 2, 2014
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      by:  The Handyman <ebobie@...>

      A police officer can and may arrest you if he witnesses you committing what he thinks is a crime. Driving a vehicle means the police saw you using the public roads as a privilege and/or benefit and possibly committing a crime by not obeying a transportation rule. But what he saw is not supported by evidence and he is trained to arrest you under certain conditions. If arrested you either pay the fine or apply for habeas corpus relief. If you pay the fine your remedy is a Title 42 Section 1983 suit. On the first habeas corpus case I filed I collected $8,700.00 after release. No trial was necessary. Risk Management settled.

      Keep it simple. I’ve seen 30 page habeas corpus petitions and 29 pages were not necessary. Below is a simple sample. You can write it on a brown paper bag and hands it to the jailer. He must file it in the court and you will get a hearing within 3 days. Anyone can file on behalf of the prisoner. The judge gave me some lip about not being a lawyer. His own law says anyone can file a habeas corpus petition. So I suggest that you give this sample to a friend and have him file it on your behalf. No need to serve the DA. The jailer will have him or another represent him. The cop will be there and you can cross-examine him.


      STATE OF LOUISIANA 16TH JUDICIAL DISTRICT COURT

      VS. PARISH OF ST MARTIN

      Robert Kaltenbach DOCKET NUMBER _____________

      *************************************************************************************


      PETITION FOR WRIT OF HABEAS CORPUS


      TO THE HONORABLE PRESIDING JUDGE OF

      THE ABOVE ENTITLED COURT:


      Petitioner is being held against his will by an Unconstitutional commitment.

      Petitioner was arrested by State Trooper _________________ alleging that petitioner was driving a vehicle upon the public roads in excess of a posted speed limit. Petitioner asserts herein that at no time was he driving a vehicle and at no time subject to the commercial color of law the trooper applied. At all times he was traveling as a matter of right in his private property, a 1932 Hut Mobile. The officer made a commercial color of law factual determination that is unsupported by evidence and that does not apply to a traveler at law.


      RELIEF REQUESTED


      Petitioner requests that the court make a judicial inquiry into the legality of the detention and release petitioner from this unlawful incarceration.



      CONCLUSION

      Petitioner demands a hearing according to habeas corpus law.


      Prepared and submitter by:

      ____________________________

      STATE OF LOUISIANA 16TH JUDICIAL DISTRICT COURT

      VS. PARISH OF ST MARTIN

      Robert Kaltenbach DOCKET NUMBER _____________

      *************************************************************************************


      ORDER

      Considering the request for a judicial habeas corpus hearing and the reasons therefore ______________________, the jailer is ordered to bring Petitioner before the court at ______AM on the ________day of ___________, 2014.


      __________________________

      District Judge

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