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

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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 1 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 2 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 3 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 4 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
            >
            >
            >
            > --------------------------------------------------------------------
            ----------
            > Yahoo! Groups Links
            >
            > a.. To visit your group on the web, go to:
            > http://groups.yahoo.com/group/tips_and_tricks/
            >
            > b.. To unsubscribe from this group, send an email to:
            > tips_and_tricks-unsubscribe@yahoogroups.com
            >
            > c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of
            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 5 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 6 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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