RE: [tips_and_tricks] Re: Slammed In Traffic Court
Frog Farmer wrote:
"Really! Give that man a cigar! And then find out that really there was
probably NOTHING to quash but the RUMOR of a complaint; which, after
they find out if you are a normal sucker or not, after you plead to the
rumor, THEN they produce the fake to make the record conform to the
outcome. This can all be avoided by requiring that they dot all "I"s
and cross all "T"s (by requiring all arraignment elements to be
performed EXACTLY, which I've NEVER seen done right in over 25 years of
waiting to see it!!! No, I do not go every day or even every week, so
you tell me if you see one done right and I'll shut up about it.)"
Well I just had my latest experiance at arraignment.
First mistake was I did not do my research on arraignments.
Second mistake was giving my name (pesona jurisdiction).
The judge wouldn't let me say anything after I gave my name. He threatened me with comtempt (i.e., jail, fine).
After he read the charges he asked, "Do you understand the charges?"
I always answered "I do not understand," "I do not consent to these proceedings," "I do not accept the offer (to contract)."
He assigned a public defender to me, which I do not plan to utilize.
He gave me a copy of the Complaint, which I found several faults with already:
The Victim or Complainant (police officer) did not sign it.
The complainant's name was typed in "OFC IVES" (officer Ives). The Complaining Witness also had "OFC IVES" typed in and a single line
drawen through it with T. DAHLQUIST hand written next to the crossed out name.
The last line of the COMPLAINT FELONY states "(Peace Officers Only) I declare that the statements above are true to the best of my information, knowledge and belief. Then appears the Complaining Witness Signature [Tom Dahlquist].
However, the complaining witness does not have first hand knowledge of the incident (fleeing/eluding=felony=2 years $500.00). He was not there.
When my wife and I stopped by his office to verify spelling/signature, he did voluteer that the way they do it is the arresting officer swears before him Village Police Chief) that it is true and correct and therefore he can sign as the Complaining Witness.
I have checked the oaths of office of the magistrate and the judges. I still have to verify they are valid.
- On Oct 19, 2010, at 8:30 AM, Snowman wrote: My brief was rejected 4 times: Didn't serve DA, couldn't submit exhibit not accepted at trial, Type not large enough, one day late.Well they did notify you of the defects, but putting this in the beginning of your filings can help sometimes…
MANDATORY JUDICIAL NOTICE
THIS IS NOTICE THAT THE CONTROLLING CASE, IN ALL MY COMMUNICATIONS
WITH THE COURT, WILL BE
HAINES V.KERNER 404 U.S. 519,520,(1972).
In All My Communication with the court Haines V. Kerner 404 U.S.519,520(1972), In re Haines: pro se litigants are held to less stringent
pleading standards than bar licensed attorneys.
Platsky vs CIA. 953 F. 2nd 26 (C.A.2(N.Y.),1991)In re Platsky: courterrs if court dismisses the pro se litigant without instruction of how
pleadings are deficient and how to repair pleadings.
, Anastasoff v. United States,223 F.3rd 898(8th circuit) (2000)In reAnastasoff: litigants' constitutional rights are violated when courts depart
from precedent where parties are similarly situated.
- will be the controlling cases in regards to any deficiency in mypleadings.
(actually Spooner would rip them a darn sight stronger, but let's remember
his name , anyway.)