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Re: [tips_and_tricks] Can someone please help me with this?

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  • jbj
    Unfortunately, this type of circumstance comes from not knowing the process to follow in simple form. When something happens to you that is criminal in nature;
    Message 1 of 12 , Jul 1, 2004
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      Unfortunately, this type of circumstance comes from not knowing the process
      to follow in simple form.
      When something happens to you that is criminal in nature; you should
      complain, using a criminal complaint form or make up one. One should get and
      have a copy of the state criminal code which is available on Internet for
      most states.
      First, get the facts straight, write them down and be willing to testify
      to that set of facts. This is known as an affidavit of probable cause that
      essentially states the facts of the case or controversy.
      Second, the law must be applied to the facts and this is known as an
      affidavit of criminal complaint. In this document must be the violation of
      the criminal code that the person or persons violated.
      Our society is governed by the rule of law and when you go into court
      the facts and law are what the judge or jury will go by to make their
      decisions on guilt or innocence. That is in a short definition the way both
      criminal and civil work. Lawyers simply copy the format used in the past and
      I recommend the search for both affidavit of probable cause and criminal
      complaints to see, understand and essentially duplicate your situation based
      on the results of that search. The search can be done on the internet or at
      the courthouse, both famous cases and everyday cases of simple purse
      stealing or complicated cases of burglery and bank robbery.
    • ibbblank
      OK, but the police department is refusing to file criminal complaints even though I have presented them with the Penal Code vilations? HOW to make the police
      Message 2 of 12 , Jul 1, 2004
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        OK, but the police department is refusing to file criminal complaints
        even though I have presented them with the Penal Code vilations?

        HOW to make the police comply?

        So, I may need to go into civil court, and what theory of law do I
        use?
      • Scott Hall
        Ever hear of private prosections? Contact Alfred Adask for info on this. I remember reading an article in the Antishyster mag years ago. ibbblank
        Message 3 of 12 , Jul 1, 2004
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          Ever hear of "private prosections?"
           
          Contact Alfred Adask for info on this.  I remember reading an article in the Antishyster mag years ago.

          ibbblank <ssstephens.1@...> wrote:
          OK, but the police department is refusing to file criminal complaints
          even though I have presented them with the Penal Code vilations?

          HOW to make the police comply?

          So, I may need to go into civil court, and what theory of law do I
          use?




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        • jbj
          ... First of all let us get our terms straight and defined so that we can communicate. A police report is not the same as a criminal complaint signed under
          Message 4 of 12 , Jul 2, 2004
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            >OK, but the police department is refusing to file criminal complaints
            >even though I have presented them with the Penal Code vilations?

            >HOW to make the police comply?

            First of all let us get our terms straight and defined so that we can
            communicate.
            A police report is not the same as a criminal complaint signed under
            oath or an affidavit of probable cause signed under oath. Telling the police
            that "they" have violated code sections is far to broad for any police
            officer to follow because he must then determine if there is factual basis
            for probable cause to arrest and prosecute.
            Let me give example of same. Telling the police officer an hour after
            the fact when he arrives at the scene that Joe hit me.
            Or telling the police officer in written form the facts, titled Affidavit of
            Probable Cause, signed with the proper jurat for your state and signed in
            front of a notary and notarized by that notary that Joe Dokes hit me on the
            right jaw at such and such location and at the specific time of 9:45 PM in
            violation of Section 2709 of AnyState Code, simple assault, gives the
            officer no real choice in the matter, he has the duty, obligation, and
            responsibility to arrest said actor and if the affidavit of probable cause
            is false, the person who made it out is responsible for lying to police, and
            perjury.
            Probable cause is what the officer has to go on to make out the arrest.
            Consider the DWI or Driving Under the Influence of Alcohol. When the officer
            following the car sees that the car weaving from side to side of the ENTIRE
            ROAD THEN he has probable cause to think and believe that the driver is
            impaired and possibly under the influence and therefore can stop and detain
            the person to investigate further and most likely arrest the person.
            Let us go a step further and see what happens after the police get the
            affidavit of probable cause and criminal complaint properly filled out and
            sent certified mail or otherwise documented delivery.
            Nothing is done for 30 days or ten days and you feel that the police are not
            going to do anything. Go into open sessions court and prepare the following
            document, (you prepare completely and the judge only has to sign it), Order
            to Show Cause, the order to show cause is directed at the police officer or
            Sheriff to appear at such and such date in the near future and give Cause
            why he or she should not be charged with NON-Feasance and Perjury for having
            taken an oath of office and not performing said duty, responsibility, and
            obligation with fidelity and faithfulness of that office and further each
            state usually has a section of Official Oppresion that charges any state
            official with for failure to protect constituants and various rights that
            they are entitled to and add that to the possible charges and offenses that
            the officer or sheriff will be charged with if the said officer or Sheriff
            fails to appear and Show Good Cause why he or she has not performed said
            duty.
          • ibbblank
            No, I am wanting to overturn a restraining order, because the person was awarded it on NOW provable perjury. I need to write the right motion to get before the
            Message 5 of 12 , Jul 8, 2004
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              No, I am wanting to overturn a restraining order, because the person
              was awarded it on NOW provable perjury. I need to write the right
              motion to get before the judge to throw out his original decision,
              and reverse the order in my favor.

              Don't be so negative Handy man. :<(

              There are ways to do this.

              ~Sharon

              --- In tips_and_tricks@yahoogroups.com, "The Handyman" <ebob@b...>
              wrote:
              > > Ibbblank, You don't need help. You need to study because it
              > appears that you are not ready to try and dissolve a TRO. It will
              > prescribe after 10 days in most jurisdictions. Until you are
              > prepared to fight stay out of the battle unless you want, and can
              > afford, on the job training. Get with a group and study. There is
              > no silver bullet and wins in a TRO are few. You are playing in
              > their ball park by their rules and best you back out gracefully
              > until your skills are honed..
              >
            • The Handyman
              Sharon, You can try a error coram nobis...or a motion to annul the judgment due to provable perjury. With these motions attach an affidavit showing the error
              Message 6 of 12 , Jul 10, 2004
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                Sharon,
                 
                You can try a error coram nobis...or a motion to annul the judgment due to provable perjury.  With these motions attach an affidavit showing the error you can prove.  Then if the judge does not give you a show cause hearing move for a void judgment by petition in any court. Your state code of civil procedure should list  some reasons whereby a decision can be modified.  Appears that you have a fraud upon the court.
                ----- Original Message -----
                From: ibbblank
                Sent: Thursday, July 08, 2004 5:14 PM
                Subject: [tips_and_tricks] Re: Can someone please help me with this?

                No, I am wanting to overturn a restraining order, because the person
                was awarded it on NOW provable perjury. I need to write the right
                motion to get before the judge to throw out his original decision,
                and reverse the order in my favor.

                Don't be so negative Handy man. :<(

                There are ways to do this.

                ~Sharon



                Yahoo! Groups Links

              • ibbblank
                Thank you -- I am not sure what these actions are, but I shall research them immediately Thank You. : ) ... due to provable perjury. With these motions attach
                Message 7 of 12 , Jul 11, 2004
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                  Thank you -- I am not sure what these actions are, but I shall
                  research them immediately Thank You. :>)



                  --- In tips_and_tricks@yahoogroups.com, "The Handyman" <ebob@b...>
                  wrote:

                  > Sharon,
                  >
                  > You can try a error coram nobis...or a motion to annul the judgment
                  due to provable perjury. With these motions attach an affidavit
                  showing the error you can prove. Then if the judge does not give you
                  a show cause hearing move for a void judgment by petition in any
                  court. Your state code of civil procedure should list some reasons
                  whereby a decision can be modified. Appears that you have a fraud
                  upon the court.
                  > ----- Original Message -----
                  > From: ibbblank
                  > To: tips_and_tricks@yahoogroups.com
                  > Sent: Thursday, July 08, 2004 5:14 PM
                  > Subject: [tips_and_tricks] Re: Can someone please help me with
                  this?
                  >
                  >
                  > No, I am wanting to overturn a restraining order, because the
                  person
                  > was awarded it on NOW provable perjury. I need to write the right
                  > motion to get before the judge to throw out his original
                  decision,
                  > and reverse the order in my favor.
                  >
                  > Don't be so negative Handy man. :<(
                  >
                  > There are ways to do this.
                  >
                  > ~Sharon
                  >
                  >
                  >
                  > --------------------------------------------------------------------
                  ----------
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                  Service.
                • Sterling W Wyatt
                  IMHO, you should NOT go down those paths (error coram nobis...or a motion to annul - or as covered by fed rule 60(b)!). A provable perjury is a fraud upon the
                  Message 8 of 12 , Jul 12, 2004
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                    IMHO, you should NOT go down those paths (error coram nobis...or a motion to annul - or as covered by fed rule 60(b)!).  A provable perjury is a fraud upon the court and denies jurisdiction to the court - including a denial of judicial capacity to the Judge.  A court denied jurisdiction is unable to issue orders in the Judge's judicial capacity and any orders so issued are void on the face of the record according to evidence properly placed in the record to prove such fraud. 
                     
                    That action providing such evidence is calling for a remedy is a NOTICE OF MINISTERIAL DUTY TO VACATE A VOID JUDGMENT FOR LACK OF JURISDICTION.  See Richard Cornforth's material on void judgments, as expanded by the VOIDS Seminar material from Right Way LAW, and from others. Such a NOTICE (NOT a Motion asking for 60(b) voidable action under judicial capacity!) is brought under the "inherent duty" of the court to correct a wrong in its ministrial capacity for which there is no other judicial remedy. << Remember, there is no judicial capacity to call upon rule 60(b), therefore leaving the trial judge with ONLY his ministerial capacity in which to remedy the error.  If the Judge bluffs and refuses, a Preemptory Petition of Mandamus is appropriate to the next higher court with jurisdiction to order such writ.>>
                     
                    Wayne
                     
                    On Mon, 12 Jul 2004 02:36:41 -0000 "ibbblank" <ssstephens.1@...> writes:

                    Thank you -- I am not sure what these actions are, but I shall
                    research them immediately Thank You. :>)


                    --- In tips_and_tricks@yahoogroups.com, "The Handyman" <ebob@b...>
                    wrote:

                    > Sharon,
                    >
                    > You can try a error coram nobis...or a motion to annul the judgment
                    due to provable perjury.  With these motions attach an affidavit
                    showing the error you can prove.  Then if the judge does not give you
                    a show cause hearing move for a void judgment by petition in any
                    court. Your state code of civil procedure should list  some reasons
                    whereby a decision can be modified.  Appears that you have a fraud
                    upon the court.
                  • The Handyman
                    Hypothetically, supposed a judge grants a seizure after a foreclosure proceeding when the moving party submits notarized papers alleged to have been witnessed
                    Message 9 of 12 , Jul 14, 2004
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                      Hypothetically, supposed a judge grants a seizure after a foreclosure proceeding when the moving party submits notarized papers alleged to have been witnessed by the notary but in fact were not witnessed.  The notary sealed them without seeing the party actually sign. (done all the time but no less a fraud)  These papers are then used to create a security interest in the property and therefore grounds to grant the seizure and sale upon default. To correct the seizure order error coram nobis would seem proper but voiding a judgment would also work. They both correct errors in the trial court.  Why would you choose voiding a judgment over error coram nobis?  Is there any other method to correct notary fraud?  The notary will lie and say he saw the person sign and the person will say no notary was present. Is such a fraud of magnitude enough to void a judgment? It is definitely an error.
                       

                      IMHO, you should NOT go down those paths (error coram nobis...or a motion to annul - or as covered by fed rule 60(b)!).  A provable perjury is a fraud upon the court and denies jurisdiction to the court - including a denial of judicial capacity to the Judge.  A court denied jurisdiction is unable to issue orders in the Judge's judicial capacity and any orders so issued are void on the face of the record according to evidence properly placed in the record to prove such fraud. 
                       
                       
                       
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