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
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Mitchell v. Nordbrock