stone83
Forum Replies Created
LOL, I live in Kansas!!!
Here is an update on today's court date:
At the beginning of the “hearing” the judge and prosecutor were getting people out of there that didn't really need to be there for one reason or another. I heard my case number announced and the prosecutor moved for a continuance because of an email he got from the cop who signed the ticket. The email stated that the cop couldn't make it to court because of unexpected surgery on his wife.
The judge asked if I had any objections. I said, “Not at all.”
(I expect to get flamed horribly for this)
My line of thinking was that I REALLY wanted more time to prepare for the trial.
I realize I could have objected the motion for continuance and the case would have maybe been dismissed right then and there for lack of a witness/complainant to prosecute.
However, I know the judge could have also rejected my objection and granted the continuance despite my objection.
The judge did tell me that the Affidavit of Truth that my girlfriend had notarized, and that I filed 10 minutes before the “hearing” today, has been accepted and a copy given to the prosecution, and that my Motion to Dismiss would still be heard before trial, on the next “hearing” date.
Now here's something interesting:
The other two cops who were at the traffic stop were at the courthouse today (and ended up leaving when I did). However, the prosecutor AKSED FOR A CONTINUANCE because “the witness is not here”. This tells me that those other two cops are not complaining parties to the case, otherwise the trial would have commenced this morning without that one cop who wasn't there this morning. This also tells me that ONLY ONE COP SIGNED THE TICKET even though that ONE cop signed the perjury statement on the ticket with his name AND those other two cop's names. The other two cops never actually put pen to paper and signed the ticket.
Oh, and I'm just realizing this!!! This “down time” gives me time to mail off my Resignation of Compelled Social Security Trustee packet, AND the Divorce from the United States packet from SEDM!!! Yea!!!
I can then file the Affidavit of Citizenship, Tax Status, and Domicile (representing my true status) to the court (without violating the SEDM member agreement)! Whatcha think about that?!!! I think this down time is an opportunity for me to get this stuff done!
Wow! I have been praying for something positive to help me in the situation I am in. I believe my prayers have been answered, and that the Holy Spirit has let me realize that I can utilize this down time to complete steps 1-14 of the Path to Freedom, and then once that is done, file the Affidavit of Domicile, Citizenship, and Tax Status to the court (for my record) without violating SEDM's member agreement.
I LOVE JESUS, MAN!
Actually,
The computer HAS taken over education…at least in my experience. I attend Full Sail University Online for Music Business and also Music Production. I am taking “online” classes; most of my schooling involves reading digitized books and watching podcasts. Yes, homework is submitted via email. I have only received one 'real' book with paper; it was for my computer science class. The book is called “Mac OSX Snow Leopard The Missing Manual”.
I actually talked to my admission rep about what might happen if the internet becomes controlled by the government. He told me that Hillary Clinton had actually visited the school that week to see how well it was performing. (My school is one of the best for learning the arts) He said that no matter what happens, the school will always have a way to take care of their “online” students.
To some extent of his comment, I agree. BUT for the most part, I don't think they can prevent disaster, so I am not holding my breath.
This is the Matrix. Welcome to the machine!
- 'BOBT12' wrote on '16:
“I filed my request for discovery (production) with the same guy who denied my MOTION for a continuance. He told me, “If this is for a traffic case, you won't get much in the way of discovery. You already have a copy of the citation and there is not much more than that.” (THIS TELLS ME THEY HAVE NO EVIDENCE!)”
This tells me that Traffic Court is not a Court of (appeal) Record and they aren't bound by formal rules. I am not saying that is a good thing, just that it is how it is set up under the state constitution.
“He then told the clerk to SET A HEARING DOCKET for my “MOTION for discovery” (this friday). I DID NOT file a MOTION for discovery. Besides, the court is SUPPOSED to be neutral…so why would I NEED to MOVE the court for discovery?” You need to Move the court because the court is neutral. If you don't Move it the court it will not do anything. The “Motion” is a term the Rules of Procedure recognize as opposed to some other terms, thus, the judge has modified your request to fit those rules. I am not saying this is a good thing, just that is a likely explanation based upon what is in the record. See the various threads that you have created regarding this issue for more information.
BOB12, I can kinda see what you are saying BUT I am reading the statutes now…KSA 22-3212 Discovery and Inspection subsection (e) is the only thing I read where the court can deny discovery or inspection. The word “MOTION” isn't used to describe when a party can “REQUEST” a discovery or inspection.
The way I see it, a “Motion” is to move the court; a “Request” is to the other party. If the other party refuses my request, THEN I can “Motion” the court for an order granting my discovery or inspection “Request”.
“Any comments, tips, help, or suggestions?” Appeal/file for a “de novo” trial as needed.
I bought the Jurisdictionary Self-help course. It mainly talks about “civil” trials and touches a little on “criminal” trials. Where is a good source of info on how to draft an appeal?
Today I went to municipal court to “try” to file a request for discovery (for production). I was told by the clerk that I need not file the request with the court; I only need to “file” it with the persecutor/prosecutor over at his office aka City Hall.
I also wanted to file a motion for a continuance of the trial – which is Tuesday, Feb. 22nd, 2011. I wanted the continuance to give the persecutor time to fulfill my discovery request AND time for me to inspect the information I request.
I had to fill out a form for the continuance (the motion) and bring it to the persecutor's office for approval OR denial…..one of the lawyers there DENIED it – stating, “Well, [name omitted] is not here, so I am denying your motion. You can talk with [name omitted] if you want, but since he is not here I am not going to grant your continuance.”
As I understand it, because the persecutor prosecuting against me wasn't there to approve my continuance, THAT was the legal grounds for the denial. (Doesn't seem fair to me…what do you think??)
I filed my request for discovery (production) with the same guy who denied my MOTION for a continuance. He told me, “If this is for a traffic case, you won't get much in the way of discovery. You already have a copy of the citation and there is not much more than that.” (THIS TELLS ME THEY HAVE NO EVIDENCE!)
I then went back to the court with the DENIED motion for a continuance AND my date-stamped REQUEST for discovery (production).
I wanted my discovery request IN MY written record – in case of appeal – so I filed it and got a copy. THEN I gave the clerk the DENIED MOTION for a continuance. She then called a judge on the phone. He came to the clerks office and denied the order granting the continuance. This is where things get weird…
The clerk then handed him my REQUEST for discovery that I just filed (only for my record – NOT for a judge to approve). He looked at it and asked ME what the discovery was for. I told him, “It's a discovery request for production.” He said, “I know, but what are you specifically requesting?” I said, “I want the names of the witnesses and any audio or video.”
He said, “Don't you think this is a bit over the top? You want them to prove you are in the 'state of kansas' and 'city of topeka'? That's over the top. You know they might not have any video or audio, right? This is only a traffic case so you won't get much discovery. You should already have a copy of the citation which has the names of the officers. You probably won't get anything else.”
I said, “Well, I worded it in a way that asks for 'any' evidence they are relying on.”
He then told the clerk to SET A HEARING DOCKET for my “MOTION for discovery” (this friday). I DID NOT file a MOTION for discovery.
Besides, the court is SUPPOSED to be neutral…so why would I NEED to MOVE the court for discovery?I am so confused…but not really. It's just weird that there is a MOTION's HEARING by the request of one of the municipal court judges….NOT one of the parties to the 'case'.
Seems like there is something weird going on…
Any comments, tips, help, or suggestions?
[Update as of 2-13-11]
I have filed a “Motion to Strike/Dismiss and Request For Full Findings of Facts and Conclusions of Law” indicating 3 main points.
1. Plaintiff lacks standing. (No alleged injury of a legal right)
2. Standing also requires damage. (No alleged damage of a legal right)
3. No Corpus Delicti. (No damaged party)
4. Lack of Jurisdiction. (No legal right alleged in the complaint)
It states that the court should dismiss the complaint with prejudice.
I tried to get a motions hearing when I filed it to the court, but the clerks could not/would not set one up. I was told that it would be heard on the “day of the trial”.
I also filed a proposed order to grant my motion.
When I served the city persecutor (they got scared of me, so they gave my case to the CHIEF city persecutor) with the copy of my motion, he got scared and asked me who I worked for before he would take the papers. I told him my name and that I work for no one. Then he asked what papers I was serving, so I told him. He actually said that I scared him because I used the word “SERVE”…
He went to the back (into his office) for like 20 minutes and left me standing in the lobby at his clerks desk. He eventually came back with his proposed plea bargain. He was going to drop the no insurance charge, and one more charge as well, and leave me with one charge to go to trial over.
I literally asked him, “If I agree to this, will this agreement negate the motion I just filed?
“Yes,” was his answer, so I said, “I want to keep my motion in place”. So, he ripped his little agreement up and gave me back my insurance and said to give it to him at trial. Gosh – I hope I didn't upset the old man
(he was pretty old)Tomorrow, (Monday) I am going to serve a discovery request “Request for Production”. I may also serve a discovery request “Request for Admissions”.
Does anyone know where one gets the judge's oath (I heard there are 2 oaths he takes – is that true?)?
Admin.,
OK…that SEDM book you mention is something I haven't bought yet. I am in the middle of listening to Marc Stevens on an archived radio show. He is talking about subject matter of the court to hear traffic [CASES]. The subject matter is “traffic”, BUT the “CASE” absolutely must have these elements, i.e. “the elements of a 'case'”:
1. Injury
2. Damage
3. Redress
The complaint and summons/notice to appear issued by the cop(s) usually is lacking the necessary elements of the case or cause of action. Thus, the 'case'/'complaint'/'cause of action' must be thrown out/dismissed – but only if the accused properly motions the court to do so, e.g. the accused/defendant demands the injured party be produced.
SEDM is a good source for educational info. I am gonna click on over there and donate! I've been interested in that book since I looked at the free sample.
I will update on how things are going on my case as the situation develops.
- 'Admin' wrote on '06:
Stone83
The reason they cite the civil and criminal reules is that they are enforcing PENAL provisions of a CIVIL franchise. That makes the proceeding PENAL and not CRIMINAL, or as one city attorney called it: “quasi criminal”. For details, see:
Government Instituted Slavery Using Franchises, Form#05.030, Sections 11 through 11.3
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Form…/Franchises.pdf
The traffic court is an administrative FRANCHISE court. If you go to jail, it's because yous signed a contract to be warehoused as government property in the human capital warehouse called “jail”.
Admin.,
Ah, makes sense to me now! I never could find the “penal” statutes in the Kansas Civil Codes. Is there another word which is synonymous to “penal” that Kansas might be using?
Nevermind…I think it is the word “civil”, LOL!!! (Penal rules of evidence/Penal Code/Penal Rules of Procedure)
- 'stone83' wrote on '05:Hey guys,I decided to buy the “Jurisdictionary Step-by-step Self-Help Course” 2 days ago. I haven't got the cd's yet, but did get the links sent to me via email to watch the 5-hour video seminar. The videos are very easy to understand.I purchased this course to help me with writing pleadings, motions, memoranda, etc., because I was having a hard time understanding research on how to draft the papers to go into my court record.I am wondering if any of you have bought the Jurisdictionary course from Dr. Graves; and if so, how do you like it?I may look over the court cites regarding “right to travel” and incorporate them into my pleadings accordingly.What is Family Guardian's non-actionable opinion on “Pro Se”, “Pro Per”, and “Sui Juris” phrases? I see a lot of references to “pro se defendant” in my local municipal court rules, but NO mention of “pro per” or “sui juris”. This confuses me [which I bet is the purposely done by corrupt gov. officials to confuse everybody].
OH, also I have read that in my municipal court rules that the Criminal Procedure will govern filing, service, and hearings of motions, as well as discovery. However, there are also references to the Kansas Civil Procedure. Now I am sort of confused as to what a traffic ticket really is in Kansas…a civil complaint or criminal complaint?I just noticed that the traffic citation itself DOES NOT have the amount of the fine nor the court cost, AND does not contain a SPECIFIED time – this is in direct violation of KSA 8-2106(f). KSA 8-2106(g) states to wit: Any officer violating any of the provisions of subsection (f) is guilty of misconduct in office and shall be subject to removal from office.Interesting.How would one notice the court that one did NOT enter a plea of “not guilty”; that the judge entered the plea (where is case law about this?)?
Ah, Rules of evidence for this court is found in rules of civil procedure. Hmm, I WONDER why the rules of evidence IS NOT from the Rules of Criminal Procedure.
Hey guys,
I decided to buy the “Jurisdictionary Step-by-step Self-Help Course” 2 days ago. I haven't got the cd's yet, but did get the links sent to me via email to watch the 5-hour video seminar. The videos are very easy to understand.
I purchased this course to help me with writing pleadings, motions, memoranda, etc., because I was having a hard time understanding research on how to draft the papers to go into my court record.
I am wondering if any of you have bought the Jurisdictionary course from Dr. Graves; and if so, how do you like it?
I may look over the court cites regarding “right to travel” and incorporate them into my pleadings accordingly.
What is Family Guardian's non-actionable opinion on “Pro Se”, “Pro Per”, and “Sui Juris” phrases? I see a lot of references to “pro se defendant” in my local municipal court rules, but NO mention of “pro per” or “sui juris”. This confuses me [which I bet is the purposely done by corrupt gov. officials to confuse everybody].
- Quote:1. Buy the vehicle from a private party rather than a dealer.
2. If the previous owner registered the vehicle, then when you go to the DMV to record the sale, unregister the vehicle from the previous owner and don't reregister it. Say that:
2.1. It was never located in “the State of” ____
2.2. Was sold OUTSIDE the state
2.3. Is no longer registered in this or any other state
2.4. That it wasn't IN “the State of__” when sold.
#2. Why does one need to go to the DMV to record the sale? How exactly does one 'unregister' a vehicle in the context that Admin. is referring to?:huh:
(In my case, the Dept. of Revenue, Title and Registration Dept. clerk told me that 'unregistering' a vehicle happens when the past owner takes the plates in to the county (???) and surrenders it in exchange for any remaining taxes that will be refunded to the past owner.)
- 'Admin' wrote on '28:
Stone83,
All of the forms used for common law pleading and practice are found in:
Sovereignty and Freedom Page, Section 8.3
http://famguardian.o…dom/Freedom.htm
This is how motions are prepared. Practice guides available to contemporary attorneys such as the link below are only for statutory citizens who are public officers:
http://www.ruttergro…om/cartfcte.htm
Admin.,
Thank you for pointing out those research links! I will be reading and studying the section 8.3 you mentioned.
In your second statement, are you basically saying that the ruttergroup practice guides are only for statutory citizens, thus it is better to study the section 8.3 common law pleadings instead – for a non-statutory Citizen?
BOB12, I actually have read *somewhere in my state statutes* that the Municipal Court is, in fact, of LIMITED record AND jurisdiction; so I know what you speak is truth.
I think I may review the forms used for a De Novo appeal before filling one out – I am not really sure which “rules of procedure” you suggest that I would be researching. Would you care to be more definitive on which rules you are talking about?
EDIT: BOB12…okay I see which 'rules of procedure” you are talking about. They are the rules of procedure found in the City Ordinances which the judge informed me that I would have to follow. But let me ask something here.
Normally, do non-statutory Citizens defending their unalienable rights follow the “rules of procedure” of any court they are forced to be in (while at the same time the non-statutory Citizens are NOT using 'statutes' or 'ordinance codes' as a basis for the defense of their unalienable rights)?
(If I am interpreting my research correctly, I would come to the conclusion and affirm that the above question could be constructed into a true and correct statement.)
DISCLAIMER: NOTHING in this post equates to discussion of 'legal advice'. Get a lawyer if you want legal advice. The information contained within this post is educational in nature, and should be considered as much. Thank you.:cool:
- 'franklin' wrote on '28:Quote:Question for ya, where do you think I would find the best source of info on drafting great discovery petitions (aka motions)?
I'm not sure what a “great” discovery motion or petition is. One moves or petitions the court, not the opposing attorney.
Discovery just asks for information, admissions, books and records, the answers to questions, depositions and the like, in simple one subject, one verb sentences.
One problem that people who write in legal forums sometimes have appears to be getting their opponent to respond timely and on point. The other problem is they just file a motion and then fail to set it for hearing.
There is a lawyer who has a website that addresses what to do when your opponent obstructs discovery (among other things). If you look for litigation resources on this website and sedm you will most likely find it. Or just google “what is a great discovery motion or petition” and see what happens.
So the issue isn't doing “great” discovery motions. It's actually getting your opponent to comply timely and on point with your requests.
Franklin,
Yes, 'great' is an ambiguous term. Sorry 'bout that. I think I know what lawyer you are talking about (I think Sui Juris Dictionary is the product), but I am too poor to get it. I read his emails though, they are good and I understand what points he makes. I just wish I had that kind of dough to spend.
Your educational opinion about about motions/petitions is similar to my educational opinion about motions/petitions.
I will have to research 'setting up a motions hearing' because I am not too familiar with such a thing, or what procedures there are to conducting a 'motions hearing', or even what I need to do in my own case at a 'motions hearing'. I don't think I am familiar with even drafting a 'petition for motions hearing'.
I one of those guys who is defending my rights and learning as I go – although I seem to have had a head-start on MOST people and began researching sovereignty about 6 months BEFORE I was 'caught' by the legal system (via traffic citations), so I seem to understand that the odds are a little stacked against me right now; I need to do more research obviously. 🙄
'BOBT12' wrote on '28:'franklin' wrote on '27:Just a thought.
If you're going to appeal, the written record comprises the entire matter for the appellate court.
Your docs said that you would be able to see the judge's oath of office.
Wouldn't you want a verified copy of that to be in the record and not just in your memory.
I'm just wondering if you say to an appeals court something like “the judge violated her oath of office” what they can do if that document cannot be read by the appellate judges.
Just curious as to what you think about that. <_<
The so-called appeal will be to a Court of Record (Shawnee County District Court), De Novo (New) Trial. The Record will begin at this level. The Municipal Court's (Not of Record) record will not likely count for much in Appellate Court system. The Rules of Procedure will operate in Shawnee County District Court.
BOB12,
Hi buddy, although the judge told me “This is a JUDICIAL proceeding” and “This is a court of record” via only his verbal words, I may ask him to put those words of his into writing and into the written record. I did ask the judge if the record was only the written record, to which he did say yes. Now that I think about it, I may ask him to put that answer into writing and into the record as well.
The picture in my mind is forming the thought that I should petition the court (and these people: judges, prosecutors, police (city's witness but NOT the injured party (LOL!)) to ADMIT into the written record ALL of the things they are verbally saying and claiming. Otherwise, isn't the entire conversation just a waste of breath? (yes, it pretty much is BECAUSE it isn't part of the written record. I may, in my case, be cautioned because they will probably be looking for me to speak ANY incriminating statements so that they can use it against me. I just believe they are sneaky like that.)
BOB12 – do you know of any good places on the internet to look for info on how to write effective appeals for a trial do novo?:???:
- 'franklin' wrote on '27:
Just a thought.
If you're going to appeal, the written record comprises the entire matter for the appellate court.
Your docs said that you would be able to see the judge's oath of office.
Wouldn't you want a verified copy of that to be in the record and not just in your memory.
I'm just wondering if you say to an appeals court something like “the judge violated her oath of office” what they can do if that document cannot be read by the appellate judges.
Just curious as to what you think about that. <_<
Franklin,
Of which doc are you mentioning? My hand-written petition? If so, are you talking about the last sentence?
The judge did say to me that I could get his oath of office for the record…I just need to do some discovery. He even said that I could go to the City Prosecution's office to get it. He even recited it to me…but there is no audio recording in the room we were in.
I do plan on making some discovery motions – to which I will include a demand for the Judges Oath of Office AND the City Prosecutors Foreign Agent Registration Statement.
I do agree with you that the written record in this case is what the court of appeal will be looking at.
I appreciate the educational tip [and NOT legal advise] about getting the verified copy of the judges oath of office into the record.
Question for ya, where do you think I would find the best source of info on drafting great discovery petitions (aka motions)?
And one last question: If one files a motion, does that imply accepting the jurisdiction of the court? (Does it even matter 'MOTION' vs. 'PETITION'?)
I believe an affidavit rebutting my acceptance of the court's jurisdiction would suffice. Besides, from my research, an affidavit stands as truth in equity unless rebutted point for point.
DISCLAIMER: NOTHING in this post is legal advice. Only educational and entertaining material is present in this post for your enjoyment. If you want legal advice go see a lawyer.
Admin.,
Thank you for responding with such great info! I will look into similar “state law” for my state for particular info such as the info you provided.
Besides, the court is SUPPOSED to be neutral…so why would I NEED to MOVE the court for discovery?
(he was pretty old)