Sheila Terese, Wallen, Sui Juris c/o General Delivery Arivaca [zip code exempt] ARIZONA STATE In Propria Persona All Rights Reserved Without Prejudice DISTRICT COURT OF THE UNITED STATES JUDICIAL DISTRICT OF ARIZONA Sheila Terese, Wallen, ) Case No. 95-484-TUC ) Plaintiff, ) AFFIDAVIT OF NON-WAIVER ) OF EXTRADITION: v. ) 28 U.S.C. 1746(1); ) Tenth Amendment; United States, ) Federal Rules of Evidence, and Does 1-99, ) Rules 201(d), 301; ) 44 U.S.C. 1505(a) Defendants. ) THIS IS NOT HEARSAY. ________________________________) COMES NOW Sheila Terese, Wallen, Sui Juris, Citizen of Arizona state and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), to present this Her Affidavit of Non-Waiver of Extradition to this honorable Court and to all interested parties, including but not limited to William D. Browning, Doe No. 1, and to provide notice of same to all interested parties, including all Does both named and as yet unnamed. VERIFICATION I, Sheila Terese, Wallen, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the following statement is true, correct, and not misleading, according to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1): Affidavit of Non-Waiver of Extradition: Page 1 of 5 AFFIDAVIT OF NON-WAIVER OF EXTRADITION 1. I, Sheila Terese, Wallen, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without (outside) the "United States" (federal government), that I have never waived My fundamental Right to be extradited out of any and all foreign jurisdictions, into My proper domestic jurisdiction which is the Arizona Republic and the Laws of that Republic, including but not limited to the Constitution for the United States of America, as lawfully amended (hereinafter "U.S. Constitution"), which is the supreme Law of My Land, and the Constitution of Arizona state, and all laws enacted pursuant to those constitutions. 2. I have studied federal laws and applicable court cases, and I now know that waivers of fundamental Rights, like the Right of Extradition, must be knowingly intelligent acts, done with sufficient awareness of the relevant circumstances and likely consequences. See Brady v. U.S. Such waivers must be knowing, intentional, and voluntary, in order to be construed as enforceable. 3. As against this high standard which the U.S. Supreme Court has established for any and all waivers of fundamental Rights, I can honestly and confidently say that I have never ever waived my fundamental Right, under the Tenth Amendment to the U.S. Constitution, to be extradited out of a foreign jurisdiction such as exists under the Article IV territorial jurisdiction of a United States District Court. Affidavit of Non-Waiver of Extradition: Page 2 of 5 4. It was in such a territorial court that I was unlawfully indicted by a biased grand jury of federal citizens, tried and convicted by a biased trial jury of federal citizens, without any assistance of My Counsel of Choice, for allegedly violating a federal law for which there are no regulations published in the Federal Register. See 44 U.S.C. 1505(a). 5. After reading and studying the decision of the U.S. Supreme Court in the case of U.S. v. Lopez, 131 L.Ed.2d 626 (1995), I am now entirely convinced that the Congress of the United States has no legislative authority to prohibit domestic trade in the substance which I was unlawfully prosecuted for possessing, with intent to distribute, even if the State of Arizona does possess such legislative authority, and even if the Congress does possess similar authority within the federal zone. See "Conflict of Laws" in American Jurisprudence. 6. Because of the Lopez case, I now have convincing reason to believe that, if Congress cannot prohibit the possession of a loaded firearm on public school grounds, then Congress cannot prohibit the possession of other "controlled substances" within the several States of the "Union" known as the "United States of America". Confer at "Union" and "United States of America" in Bouvier's Law Dictionary (1856). 7. With the able assistance of my Counsel of Choice, Paul Andrew, Mitchell, B.A., M.S., I have executed and presented pleadings to the United States District Court "Under Protest", which phrase is exhibited prominently on the face page of every pleading filed in said court. By using this phrase on the face page of every pleading, I mean to convey to all interested Affidavit of Non-Waiver of Extradition: Page 3 of 5 parties the fact that I have explicitly reserved all of my fundamental Rights, including the Right of Extradition, without prejudice to any of my fundamental Rights, and that my explicit reservation of all My Rights has thus prevented the loss of any such Rights by application of the legal concepts of waiver or estoppel. NOTICE OF DEADLINE This Affidavit is specifically intended to establish presumptions of controlling laws and facts in the instant case. Should other interested parties fail to rebut this Affidavit in a timely manner, the statements of fact and law as contained herein will become the truth of the instant case for all time. All rebuttals must be filed in the official record of the District Court of the United States in the instant case, and also served on the Plaintiff by means of first class United States Mail directed to: Sheila Terese, Wallen, Sui Juris Citizen of Arizona state c/o General Delivery Arivaca [zip code exempt] ARIZONA STATE no later than 5:00 p.m. on Friday, August 30, 1996. Beyond that deadline, the doctrine of estoppel by acquiescence will prevail, pursuant to the authorities in U.S.v. Tweel, quoting U.S. v. Prudden, and Carmine v. Bowen. Further Affiant Sayeth Naught. Executed on August 20, 1996 /s/ Sheila Wallen Sheila Terese, Wallen, Sui Juris Citizen of Arizona state Affidavit of Non-Waiver of Extradition: Page 4 of 5 PROOF OF SERVICE I, Sheila Terese, Wallen, 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): AFFIDAVIT OF NON-WAIVER OF EXTRADITION: 28 U.S.C. 1746(1); Tenth Amendment; Federal Rules of Evidence, Rules 201(d), 301; 44 U.S.C. 1505(a) THIS IS NOT HEARSAY. 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: Office of the United States Attorney 110 South Church Avenue, Suite 8310 Tucson [zip code exempt] ARIZONA STATE William D. Browning, Doe No. 1 44 East Broadway Tucson [zip code exempt] ARIZONA STATE Attorney General Department of Justice 10th and Constitution, N.W. Washington [zip code exempt] DISTRICT OF COLUMBIA Solicitor General Department of Justice 10th and Constitution, N.W. Washington [zip code exempt] DISTRICT OF COLUMBIA Executed on: _____________________________ /s/ Sheila Wallen __________________________________________ Sheila Terese, Wallen, Sui Juris Citizen of Arizona state All Rights Reserved without Prejudice Affidavit of Non-Waiver of Extradition: Page 5 of 5 # # #
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U.S.A. v. Wallen