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Re: outlaw judge

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  • mn_chicago
    ... From what I read after you state this, you abandoned this focused approach? ... For me, these are ancillary arguments, at best. There is no easy or single
    Message 1 of 9 , Sep 10, 2008
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      --- In tips_and_tricks@yahoogroups.com, "Q" <philo_farnsworth@...>
      wrote:
      >
      > I have a traffic case in McKinney Texas before the municipal court
      > for no seat belt. I went for the easiest path of attack, challenge
      > jurisdiction for want of a valid complaint.

      From what I read after you state this, you abandoned
      this focused approach?


      > no oath of office, ...

      > listing the violations of law the prosecutor was committing by
      > fraudulently holding office, also documented by law.

      For me, these are ancillary arguments, at best.
      There is no easy or single answer, but the validity
      of the complaint may be key.

      Was it a complaint? Does the "complaint" qualify what
      it is. For example, in Illinois, it is a Uniform Traffic
      Ticket and Complaint....issued by the arresting officer.

      I just had court today, contesting 4 tickets as being
      defective Uniform Traffic Ticket and Complaints because
      I objected to their being a sufficient basis for
      establishing a complaint, and demanded a formal, verified
      complaint, signed by the complainant, The People of The
      State of Illinois, not by an employee of a municipal
      corporation,[the officer], all backed by Illinois supreme
      court case law.

      I even argued the defacto officer is from the legislative
      branch and cannot exercise judicial powers by issuing a
      complaint. The same argument for bail, a power of the
      court, not some municipal employee.


      >I didn't even
      > get into the law prohibiting a prosecutor as also being
      complainant
      > (prosecutor signed as Affiant on complaint),

      That is where your best and most effective defense would be,
      in my opinion.


      If you do not show up and defend your rights, you have no
      rights to defend, so just ask where to send your check.

      It ain't easy being a fighter. The judge said she found
      the defective Uniform Traffic Ticket and Complaint signed
      by the officer to be sufficient for her. I could always
      take it up on appeal if I think she is wrong, says she.

      Dismissed. 4 tickets.

      Identify what constitutes a valid complaint and what your
      rights are at arraignment. Can you demand a verified
      complaint? If the prosecutor signed as affiant, was he
      the complaining party swearing first-hand knowledge under
      oath? If he was not swearing to be the complaining party,
      to what was he affirming?

      Not much help, but just some pointers from Illinois courts.

      Cheers!
    • Email41@aol.com
      I have a traffic case in McKinney Texas before the municipal court for no seat belt. ... The City Persecutor has no oath of office, nor does his boss, the City
      Message 2 of 9 , Sep 10, 2008
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        I have a traffic case in McKinney Texas before the municipal court for no seat belt. ... The City Persecutor has no oath of office, nor does his boss, the City Attorney.  Both claim they are not legally required to have one. 

        This is true in your instance:

        CODE OF CRIMINAL PROCEDURE
        CHAPTER 45. JUSTICE AND MUNICIPAL COURTS
        SUBCHAPTER A. GENERAL PROVISIONS

        Art.A45.031. [903] [995] [960] COUNSEL FOR STATE NOT PRESENT.


        If the state is not represented by counsel when the case is called for trial, the justice or judge may:

        (1)postpone the trial to a date certain;
        (2)appoint an attorney pro tem as provided by this code to represent the state; or
        (3)proceed to trial.


        Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon ’s Ann.C.C.P. art. 45.36 and


        Their appointment as an attorney pro tem does not require an oath of office as best as I understand this code section.



        I filed a Motion to
        Dismiss on 9/2 stating 8 pages of black letter law, stare decisis,
        Attorney General opinions and constitutional requirements, and also
        listing the violations of law the prosecutor was committing by
        fraudulently holding office, also documented by law. I didn't even
        get into the law prohibiting a prosecutor as also being complainant
        (prosecutor signed as Affiant on complaint), I figured that would be
        piling on.  When I appeared for initial arraignment and challenged
        jurisdiction, the judge refused to hear it and, upon my insistance on
        being heard, threatened to jail me if I didn't sign an agreement
        setting a trial date (upon which I noted signed under
        duress/threat/coercion). 


        Did you waive your examining trial? How did you get to an arraignment hearing so quickly?

        CODE OF CRIMINAL PROCEDURE
        CHAPTER 45. JUSTICE AND MUNICIPAL COURTS
        SUBCHAPTER A. GENERAL PROVISIONS
        CHAPTER 16. THE COMMITMENT OR DISCHARGE OF THE ACCUSED

        Art. 16.01. [245] [292] [280] EXAMINING TRIAL. 
        When the accused has been brought before a magistrate for an examining trial that officer shall proceed to examine into the truth of the accusation made, allowing the accused, however, sufficient time to procure counsel.  In a proper case, the magistrate may appoint counsel to represent an accused in such examining trial only, to be compensated as otherwise provided in this Code.  The accused in any felony case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense, whether he be in custody or on bail, at which time the magistrate at the hearing shall determine the amount or sufficiency of bail, if a bailable case.  If the accused has been transferred for criminal prosecution after a hearing under Section 54.02, Family Code, the accused may be granted an examining trial at the discretion of the court.

        Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. 
        Amended by Acts 1987, 70th Leg., ch. 140, Sec. 4, eff. Sept. 1,
        1987.


        Trial is set for tomorrow, and today I

        received in the mail my motion, allegedly heard and dated on 9/2,
        which were marked "Denied" in black magic marker, in case I had
        difficulties reading.  How many violations of the law has this judge
        committed, and what would be the best charges to file against him
        criminally, other than Penal Code 39.02, Official Oppression? 
        Clearly by all established law, this court has never had
        jurisdiction, and I have briefly considered not even showing up and
        daring him to issue a warrant, but that is probably not the wisest
        move, even though it is emotionally satisfying. 


        What about appearing via the United States Postal Service? I do it all the time.

        CODE OF CRIMINAL PROCEDURE
        CHAPTER 45. JUSTICE AND MUNICIPAL COURTS
        SUBCHAPTER A. GENERAL PROVISIONS
        Art. 45.013. FILING WITH CLERK BY MAIL.  (
        a) Notwithstanding any other law, for the purposes of this chapter a document is considered timely filed with the clerk of a court if:
        (1)  the document is deposited with the United States Postal Service in a first class postage prepaid envelope properly
        addressed to the clerk on or before the date the document is required to be filed with the clerk;  and
        (2)  the clerk receives the document not later than the 10th day after the date the document is required to be filed with the
        clerk.

        (b)  A legible postmark affixed by the United States Postal Service is prima facie evidence of the date the document is
        deposited with the United States Postal Service.
        (c)  In this article, "day" does not include Saturday, Sunday, or a legal holiday.

        Added by Acts 1999, 76th Leg., ch. 1545, Sec. 10, eff. Sept. 1, 1999.

        I am asking for
        opinions and ideas, not somebody to do my work for me, I am quite capable of that. Right now I'm just looking for some quick brainstorming.
        Thanks,
        Q





        **************
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      • Email41@aol.com
        In a message dated 9/10/2008 4:33:12 PM Central Daylight Time, ... In California, impersonating a judicial officer is a felony that comes with a 10,000.00 fine
        Message 3 of 9 , Sep 10, 2008
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          In a message dated 9/10/2008 4:33:12 PM Central Daylight Time, mn_chicago@... writes:


          I even argued the defacto officer is from the legislative
          branch and cannot exercise judicial powers by issuing a
          complaint.  The same argument for bail, a power of the
          court, not some municipal employee.


          In California, impersonating a judicial officer is a felony that comes with a 10,000.00 fine and 1 year in jail. You may want to come to court with a copy of a criminal complaint and tell the city attorney that if he does not charge the officer, then you will also include him in the complaint for misprison of a felony.


          **************
          Psssst...Have you heard the news? There's a new fashion blog, plus the latest fall trends and hair styles at StyleList.com.
          (http://www.stylelist.com/trends?ncid=aolsty00050000000014)
        • Q
          Didn t end up in jail, even though I was in the judge s face about his outlaw court.  There is a long and interesting story here, but as I just got back
          Message 4 of 9 , Sep 11, 2008
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            Didn't end up in jail, even though I was in the "judge's" face about his outlaw court.  There is a long and interesting story here, but as I just got back from Galveston and boarding up my house, I am exhausted and have more work to do tomorrow.  Will fill everyone in over the weekend.  BTW, most of the models have Ike making landfall on my front porch, so I may not have a beach house by monday.  Pray for Eastward movement.
            Q

          • Q
            Ok, I planned on updating over the weekend, but I have been busy dealing with hurricane aftermath.  The good news is that my beach house, on the west end of
            Message 5 of 9 , Sep 18, 2008
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              Ok, I planned on updating over the weekend, but I have been busy dealing with hurricane aftermath.  The good news is that my beach house, on the west end of Galveston Island, 65 feet from the ocean, is almost completely undamaged and likely did not even get water inside. I'm going to go buy lottery tickets.
               
              To begin with, I filed motions to dismiss citing multiple violations of law and lack of jurisdiction.  Judge refused to let me argue motions, said he had already denied them in private.  I am surprised that he did let me say just about anything I wanted regarding the constitution and the law. I presented everything to the jury, showing that this trial was being held illegally, as the defective complaint did not give the court jurisdiction, also that the prosecutor was prohibited by law from also being the complainant.  I even got in a FIJA jury instruction, informing them they they had the right and responsibility to judge both the facts and the law. After all that, including seeing numerous shouting matches between me and the judge regarding him running a kangaroo court by ignoring the law, the obedient little sheep returned a guilty verdict.  A friend of mine struck up a conversation with them after court and asked how they came to their verdict.  The answer basically came to "the cop said he wasn't wearing a seat belt", even though the cop that wrote the ticket was not the one who witnessed the violation, another violation of law that was pointed out to them.  When asked about the other factors, such as the violations of law cited, the answer basically was that they didn't really understand or know about it, and the judge would have said something if that really wasn't legal.  So I have filed an appeal to county court, and am preparing a criminal complaint against the judge for violations of Penal Code 39.02, Abuse of Official Capacity and 39.03 Official Oppression.  I will present this directly to the foreman of the grand jury, but would like some critique, advice, suggestions for the best ways to move forward from here.  I know that if you ever get to the point of a trial on the merits, you've lost, but no matter how much law I threw at the judge, he didn't give a crap. County court is a bit more grown up, and they tend to obey the law a little more (but not THAT much more), so I have a better chance to prevail there.  But my goal is to get a ruling that the prosecutor is not lawful, then every case he has ever prosecuted can be called into question and overturned.  Is this really possible to do, or am I just relieving myself into the wind?
              Q
               

            • Frank M.
              ... them in private. Did you demand he produce findings of facts and conclussions of law to support his denial of your motion?? If not, you just granted him
              Message 6 of 9 , Sep 20, 2008
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                Q wrote:

                >> Judge refused to let me argue motions, said he had already denied them in private.

                Did you demand he produce  findings of facts and conclussions of law to support his denial of your motion??  If not, you just granted him latitiude to proceed unchallenged. He may have proceded anyway, BUT you at least put him in a position to have to answer either acknowledging your demand or holding sileint, which BTW is still an answer.

                >> I even got in a FIJA jury instruction, informing them they they had the right and responsibility to judge both the facts and the law.

                As much it is a "right and responsibility" (to judge both the facts and the law) sounds beautiful, BUT you must keep in mind the average joe six-pack citizen has NO CLUE as to their responsibilities concerning what FACTS to consider, nor what the LAW is. It is up to you to enter into the record, what the law says in regards to the proper requirements of a complaint or information. Telling the jury they have the the right and responsibility to judge the facts and the law, will only fall upon deaf ears, as "one cannot act logically when one is void understanding of the term".  No offense intended, but, it appears you did not do an effective job "orally articulating" your points and authorities, to the jury, as to the proper requirements commanded by the wriiten law (ie:-statutes, constitution, rules etc.) to produce the outcome you were looking for. That is why I personally, DO EVERYTHING in my power to win on paper prior to trial. Setting the record durring discovery is VITAL. Most cases are won or lost durring this period. And once/if you make it to trial, it is just a matter of orally arguing what is already on record. If you are not skilled enough to be able to explain the elements to a group of six-graders, don't expect a group of high school graduates only concerned with next week's football game schedual, to be more accomodating!  There come a point when point when tragedy reduces itself to comedy!

                >> So I have filed an appeal to county court, and am preparing a criminal complaint against the judge for violations of Penal Code 39.02, Abuse of Official Capacity and 39.03 Official Oppression.  I will present this directly to the foreman of the grand jury, but would like some critique, advice, suggestions for the best ways to move forward from here.

                A good way I stir up the perverbial hornets nest:   When I make out my criminal complaint, I file it with the district attorney, he will most likely ignore it, THEN I go file a complaint against the district attorney with the top district judge in my county, he will not want anything to do with it either, then I go file against the district  judge at the  local district magistrate, he will obviously not do anything . THEN, I write up a complaint and present it to the foreman of the grand jury and you ( should see them run about like little chicken with there heads cut off at this point LOL!) will have just implicated THEM ALL in a ongoing consiracy to commit offical oppression, misprison of a felony and secreting government documents, to name a few, not to exclude other violations of law. Lets not forget about revoking their bonds as well, that a fun one! :)).

                >> County court is a bit more grown up...

                Grown up??? Define grown up. I demand they follow their law, and I will do whatever it takes, by ANY MEANS NECESSARY to acomplish that goal. There are no rules in love or war!  It is never over til you say it's over...OR until theyattempt to put a bullet in your head. Of which case is reduced to a matter of self defense, a distinct and most basic right!

                 

                "In the land of the blind, the one eyed man is king!"

                Sinccerely,

                Frank M. 

                 

              • tthor.geo
                I do not know how Texas courts are structured. IF California is any indication, the first court [trial level] ONLY is conducted to establish the FACTS of
                Message 7 of 9 , Sep 20, 2008
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                  I do not know how Texas 'courts' are structured.

                  IF California is any indication, the first 'court [trial level] ONLY
                  is conducted to establish the FACTS of the case. The appellate level
                  is where one 'argues' the law as applied to those facts [a step most
                  *pro pers* ignore/forego]. The appellate level is also where you can
                  establish precedent [help for others in a similar situation]. You
                  need to start researching the Rules for Appeals [probably in your
                  State-level Rules of Court].

                  Your planned expedition to the Grand Jury is way premature [and will
                  be viewed as 'vindictive/'vexatious'; guess who honchos the grand
                  Jury?] until you have established [at the appellate level] that the
                  judge actually did something illegal [not just error(s) of
                  judgment/law].

                  Q <philo_farnsworth@...> wrote:
                  >
                  [clipped]
                   
                  > To begin with, I filed motions to dismiss citing multiple
                  violations of law and lack of jurisdiction.  Judge refused to let me
                  argue motions, said he had already denied them in private.  I am
                  surprised that he did let me say just about anything I wanted
                  regarding the constitution and the law. I presented everything to
                  the jury, showing that this trial was being held illegally, as the
                  defective complaint did not give the court jurisdiction, also that
                  the prosecutor was prohibited by law from also being the
                  complainant.  I even got in a FIJA jury instruction, informing them
                  they they had the right and responsibility to judge both the facts
                  and the law. After all that, including seeing numerous shouting
                  matches between me and the judge regarding him running a kangaroo
                  court by ignoring the law, the obedient little sheep returned a
                  guilty verdict.  A friend of mine struck up a conversation with them
                  after court and asked how they came to their
                  > verdict.  The answer basically came to "the cop said he wasn't
                  wearing a seat belt", even though the cop that wrote the ticket was
                  not the one who witnessed the violation, another violation of law
                  that was pointed out to them.  When asked about the other factors,
                  such as the violations of law cited, the answer basically was that
                  they didn't really understand or know about it, and the judge would
                  have said something if that really wasn't legal.  So I have filed an
                  appeal to county court, and am preparing a criminal complaint
                  against the judge for violations of Penal Code 39.02, Abuse of
                  Official Capacity and 39.03 Official Oppression.  I will present
                  this directly to the foreman of the grand jury, but would like some
                  critique, advice, suggestions for the best ways to move forward from
                  here. 

                  [clipped, a bit]
                • Q
                  Thanks, I appreciate the advice, I ll hold off on the grand jury until this is resolved.  In this instance, it will be a trial de novo, everything starts over
                  Message 8 of 9 , Sep 22, 2008
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                    Thanks, I appreciate the advice, I'll hold off on the grand jury until this is resolved.  In this instance, it will be a trial de novo, everything starts over at zero.  However in this case, I should have (theoretically) a better chance to prove the judge ignored the law.  My motion to dismiss was vast and extensive in facts of law and precedent, it left no wiggle room.  The only way it could be denied is by another corrupt judge, which is in the realm of possibility.  If that is the case, then I can easily take that "error" to the court of appeals, which doesn't play around and has already ruled (and set precedent) that an oath of office is required.  If it makes it that far, then statewide precedent will be set again, and every case this prosecutor has ever handled will be null and void.  That will be my victory.

                    ---
                    On Sat, 9/20/08, tthor.geo <tthor.geo@...> wrote:

                    I do not know how Texas 'courts' are structured.

                    IF California is any indication, the first 'court [trial level] ONLY
                    is conducted to establish the FACTS of the case. The appellate level
                    is where one 'argues' the law as applied to those facts [a step most
                    *pro pers* ignore/forego] . The appellate level is also where you can
                    establish precedent [help for others in a similar situation]. You
                    need to start researching the Rules for Appeals [probably in your
                    State-level Rules of Court].

                    Your planned expedition to the Grand Jury is way premature [and will
                    be viewed as 'vindictive/ 'vexatious' ; guess who honchos the grand
                    Jury?] until you have established [at the appellate level] that the
                    judge actually did something illegal [not just error(s) of
                    judgment/law] .

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