Paul Andrew Mitchell, Sui Juris Citizen of Arizona state c/o General Delivery at: 2509 North Campbell Avenue Tucson, Arizona state In Propria Persona All Rights Reserved Without Prejudice PIMA COUNTY CONSOLIDATED JUSTICE COURT Paul Andrew Mitchell, ) Case Number #CV-97-3438 Plaintiff ) ) NOTICE AND DEMAND FOR v. ) MANDATORY JUDICIAL NOTICE: ) Rule 201(d), Arizona Rules Neil and Evelyn Nordbrock, ) of Evidence Defendants ) ________________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), to provide formal Notice to all interested parties, and to demand mandatory judicial notice by this honorable Court, pursuant to Rule 201(d) of the Arizona Rules of Evidence, of the official court record of assistant Counsel on behalf of the criminal defendant Sheila Terese Wallen, during trial, in the case of U.S.A. v. Wallen, United States District Court, Tucson, case number #CR-95-484-TUC, William D. Browning presiding. Mandatory judicial notice leaves no room for discretion on the part of this honorable Court, since the legislative intent of the word "shall" in Rule 201(d) has a compulsory meaning. Confer at "shall" in Black's Law Dictionary, Sixth Edition. Plaintiff submits the following as proof of the relevance of said court record: Seventh Notice and Demand for Mandatory Judicial Notice: Page 1 of 4 In a letter dated December 10, 1996, Defendant Neil Thomas Nordbrock made the following libelous statement, to wit: "According to what I know, of those you have assisted with legal problems since coming to Tucson, here are the results: ... "Sheila Wallen, convicted." [sic] Plaintiff submits, for the benefit of this honorable Court, and of all interested party(s), a copy of Plaintiff's Complaint of Judicial Misconduct, dated September 16, 1996, and filed pursuant to Title 28, United States Code, Section 372(c) and to the local rules promulgated thereunder, for criminal misconduct by presiding judge William D. Browning during the criminal trial of defendant Sheila Terese Wallen (hereinafter "Wallen"). Said Complaint was assigned Docket Number #96-80337 on September 20, 1996, by Cathy A. Catterson, Clerk of Court, Ninth Circuit Court of Appeals, San Francisco, California state. The plain fact of the matter is that Plaintiff was ordered to sit in the back row during Wallen's criminal trial, where Plaintiff was unable to assist Wallen in any way, except during the three (3) recesses which occurred in said trial. Mr. Nordbrock's statement is libelous, and constitutes defamation of Plaintiff's character, because it insinuates that Plaintiff's action(s) resulted in Wallen's conviction for possession of illegal substances with intent to distribute. This is a lie, because Plaintiff was prevented from providing any assistance of Counsel to Wallen during said criminal trial, on orders of Judge William D. Browning. See 18 U.S.C. 242. Plaintiff incorporates Ninth Circuit docket file #96-80337 by reference as if set forth fully herein (see attached). Seventh Notice and Demand for Mandatory Judicial Notice: Page 2 of 4 VERIFICATION I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the above statement(s) of fact are true and correct, to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause. Dated: March 15, 1997 Respectfully submitted, /s/ Paul Andrew Mitchell _____________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state All Rights Reserved without Prejudice Seventh Notice and Demand for Mandatory Judicial Notice: Page 3 of 4 PROOF OF SERVICE I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, a Citizen of one of the United States of America, and that I personally served the following document(s): NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE: Rule 201(d), Arizona Rules of Evidence by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following: Neil and Evelyn Nordbrock c/o 6642 E. Calle de San Alberto Tucson, Arizona state Executed on March 15, 1997: /s/ Paul Andrew Mitchell _____________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state All Rights Reserved without Prejudice Attachments follow infra. Seventh Notice and Demand for Mandatory Judicial Notice: Page 4 of 4 # # #
Return to Table of Contents for
Mitchell v. Nordbrock