RE: [tips_and_tricks] Re: Slammed In Traffic Court
--- On Sat, 8/9/08, Tim Wallace <liberty@...> wrote:
From: Tim Wallace <liberty@...>
Subject: RE: [tips_and_tricks] Re: Slammed In Traffic Court
Date: Saturday, August 9, 2008, 4:32 PMThis is true only for counties that do not have a District attorney or a Country attorney, but it is not true for every county. And a muni attorney is not authorized to represent the STATE pursuant to the Texas Code of Criminal Procedure. The best a muni attorney can do is be assigned to represent the state in the initial examination hearing under the muni court rules because of the expediency of the issue. Muni = corporation. Read the Clearfield case. Clearfield Trust Co. v. United States, 318 U.S. 363 (1943)For those interested, here's my experience to add to the mix...I've been to arraignment and pre-trial hearing.At arraignment, I asked for charging instrument and was given nothing. When I said Texas law requires an information or indictment in criminal matters involving the State, both prosecutor and judge said no, that municipal courts only need a complaint (but I still wasn't given a copy).
I refused to plea, so judge entered "not guilty."
To enter a plea without a sworn complaint and an information properly filed into the proper court, is a class three felony in the STATE OF TEXAS. File a criminal complaint against the judge and the prosecutor who witnessed the commission of a felony in his presence and perhaps name the attorney as a co conspirator for failing to notify the judge of the possible commission of a crime in his court should he so rule.
The last judge I stood before, when asked "How do you plea?
I stated that it was impossible for me to enter a plea and that I was not going to prejudice my case by committing a felony in his presence. I then asked "Are you enticing me to commit a felony?"
His jaw hit the floor...
- 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.)