Time: Sun Nov 02 19:58:12 1997
	by primenet.com (8.8.5/8.8.5) with ESMTP id TAA07503
	for [address in tool bar]; Sun, 2 Nov 1997 19:52:55 -0700 (MST)
          by lists2.u.washington.edu (8.8.4+UW97.07/8.8.4+UW97.05) with SMTP
	  id SAA21781; Sun, 2 Nov 1997 18:48:08 -0800
          by lists.u.washington.edu (8.8.4+UW97.07/8.8.4+UW97.05) with ESMTP
	  id SAA26154 for <bork@lists.u.washington.edu>; Sun, 2 Nov 1997 18:48:02 -0800
          by mx3.u.washington.edu (8.8.4+UW97.07/8.8.4+UW97.09) with ESMTP
	  id SAA17426 for <bork@u.washington.edu>; Sun, 2 Nov 1997 18:48:00 -0800
	by smtp03.primenet.com (8.8.7/8.8.7) id TAA10674
	for <bork@u.washington.edu>; Sun, 2 Nov 1997 19:47:59 -0700 (MST)
 via SMTP by smtp03.primenet.com, id smtpd010656; Sun Nov  2 19:47:50 1997
Date: Sun, 02 Nov 1997 19:48:28 -0800
From: Paul Andrew Mitchell [address in toolbar] (by way of Paul Andrew Mitchell [address in tool bar])
To: "Conservative Law List" <bork@u.washington.edu>
Subject: SLF: Testosterone is an illegal substance!

[This text is formatted in Courier 11, non-proportional spacing.]


Daren James, Dean, Sui Juris
c/o general delivery at:
Pima County Jail #2B9
Post Office Box 951
Tucson [zip code exempt]
ARIZONA STATE (See USPS Pub. 221)









          IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

                  IN AND FOR THE COUNTY OF PIMA

                                
STATE OF ARIZONA [sic],         )  No. #CR-58925
                                )
          Plaintiff [sic],      )  APPLICATION FOR INTERVENTION
                                )  OF RIGHT AND NOTICE OF FATAL
     v.                         )  DEFECTS IN SUPERVENING
                                )  INDICTMENT:
DAREN JAMES DEAN [sic],         )  Rule 201(d), Arizona Rules
                                )  of Evidence
          Defendant [sic].      )
________________________________)


COME NOW  the People of the United States of America (hereinafter

"Petitioners"), ex  relatione Paul  Andrew, Mitchell, B.A., M.S.,

Citizen of  Arizona state,  expressly not a citizen of the United

States ("federal  citizen"), federal  witness, Counselor  at Law,

and private attorney general (hereinafter "Relator"), formally to

apply for  intervention of  Right in the instant case;  to demand

mandatory judicial  Notice  by  this  honorable  Court  of  this,

Petitioners' NOTICE OF FATAL DEFECTS IN SUPERVENING INDICTMENT in

the instant case, pursuant to Rule 201(d) of the Arizona Rules of

Evidence;   and, to  provide  formal  Notice  to  all  interested

party(s) of same.

     Petitioners hereby  itemize the  fatal defects which Relator

has witnessed  in the  document purporting  to be the SUPERVENING

INDICTMENT in the instant case, to wit:


Application for Intervention/Notice of Indictment Defects:  Page
                             1 of 8


     1.   The Superior  Court of  the State  of Arizona,  and the

Superior Court  of Arizona  state, are not one and the same.  The

crucial difference between these two forums is summarized tersely

on pages  2 and  3 of 20 in APPLICANT'S OPPOSITION TO PLAINTIFFS'

MOTION TO  STRIKE NOTICE  OF INTENT  TO APPLY  FOR  INTERVENTION,

filed in  the case  of Swan  Business Organization et al. v. Leon

Ulan et  al., Superior  Court of the State of Arizona, in and for

the County  of Pima,  case number #315580, on or about August 27,

1997.   A true  and correct  copy of  said  OPPOSITION  brief  is

attached hereto  and incorporated  by reference,  as if set forth

fully herein.  See Exhibit "A".  See also 31 CFR 51.2 and 52.2.

     Further evidence  of two  forums can be found at Form II(b),

WARRANT FOR  ARREST (SUPERIOR  COURT) SUPERIOR  COURT OF ARIZONA,

________ County [sic], and Form XXIII, NOTICE OF RIGHTS OF REVIEW

AFTER CONVICTION IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN

AND FOR  THE COUNTY OF ________ [sic], in Arizona Rules of Court,

State and Federal, West Publishing Company (1994 edition).

     The Superior  Court of  the State  of Arizona  is a de facto

forum convened  pursuant to  federal  municipal  law,  proceeding

under the  presumption that Arizona is a federal territory, not a

Union state.  This presumption is enforceable upon the population

of citizens  of the United States ("federal citizens") who reside

within the  geographic boundaries  of Arizona state, because they

are subject  to federal municipal law.  Defendant is a Citizen of

Washington state,  who is not also a federal citizen, by Right of

Election.  Defendant is not subject to federal municipal law.

     The Superior  Court of  Arizona is  a de jure forum convened

pursuant to  Arizona organic  law,  proceeding  under  the  Tenth


Application for Intervention/Notice of Indictment Defects:  Page
                             2 of 8


Amendment and  under other notable provisions of the supreme Law,

which admitted Arizona into the Union of several states which are

united by,  and under,  the Constitution for the United States of

America, as lawfully amended ("U.S. Constitution").  Defendant is

a Citizen  of one  of the  United States  of  America,  and  both

Arizona state and Washington state honor the U.S. Constitution as

the supreme Law of the Land.  See Supremacy Clause.

     2.   A  fatal   misnomer  is  evident  in  said  SUPERVENING

INDICTMENT, due to the obvious use of an unlawful Nomme de Guerre

(name of  war) to  identify a fictitious, non-existent defendant,

instead of  Defendant's Proper and true name.  Petitioners hereby

lodge Their  formal objection,  and provide  formal Notice to all

interested party(s), protesting the unlawful use of said Nomme de

Guerre falsely to identify Mr. Daren James, Dean, in place of His

Proper and true appellation.  Misnomer is a plea in abatement.

     Said mistaken  identification is  a "misnomer" which can be,

and herein  is, lawfully  abated by means of the instant Notices,

made under  formal protest  and with  explicit reservation of all

Rights expressly  guaranteed to Defendant by the Constitution for

the United  States of  America, as  lawfully amended (hereinafter

"U.S. Constitution").   See  Supremacy Clause;   and Article III,

Section 3, Clause 1, to wit:

     Treason against  the United States [sic], shall consist only
     in levying  War against  them [sic], or in adhering to their
     Enemies, giving them [sic] Aid and Comfort. [emphasis added]

     Petitioners hereby  also make Their notorious protest of the

presence in this honorable Court of a gold-fringed American flag,

which is evidence further still, above and beyond the Plaintiff's

misuse of  an unlawful  Nomme de  Guerre, of martial rule imposed


Application for Intervention/Notice of Indictment Defects:  Page
                             3 of 8


unlawfully upon,  and  without  the  consent  of,  the  Sovereign

People, of  whom Defendant is a Member in good standing by virtue

of His birth in Washington state.  See Right of Election.

     Petitioners  hereby   deny  the   existence  of   any  valid

contracts, either  verbal or written, either expressed or implied

in  fact,   whereby  Defendant  might  have  waived  any  of  His

fundamental Rights  secured to Defendant by the federal and state

constitutions;  and Petitioners formally offer to prove same.

     Waivers of  fundamental Rights will never be presumed, ever.

See Ohio  Bell v.  Public Utilities  Commission,  301  U.S.  292.

Waivers of  fundamental Rights  must be knowing, intentional, and

voluntary acts,  done with  sufficient awareness  of the relevant

circumstances and  likely consequences.   See  Brady v. U.S., 397

U.S. 742  at 748  (1970).   Deprivation  of  fundamental  rights,

privileges, or  immunities secured  by the U.S. Constitution is a

criminal violation of 18 U.S.C. 242.  See also 18 U.S.C. 241.

     A practice  condemned by the Constitution cannot be saved by
     historical acceptance and present convenience.

                    [U.S. v. Woodley, 726 F.2d 1328, 1338 (1983)]
                                                 [emphasis added]

     It is  obviously correct  that no  one acquires  a vested or
     protected right  in violation  of the  Constitution by  long
     use, even  when that span of time covers our entire national
     existence and indeed predates it.

                       [Walz v. Tax Commission of New York City,]
                       [397 U.S. 664, 678 (1970), emphasis added]

     The custom  of continuing  arbitrary emergency declarations,

so as to effect the appearance of an unbroken state of emergency,

has the  unavoidable  consequence  of  levying  War  against  the

several states  of the Union and is, therefore, unconstitutional.

See 12 U.S.C. 95(a), (b); Art. III, Sec. 3, Cl. 1; 18 U.S.C. 242.


Application for Intervention/Notice of Indictment Defects:  Page
                             4 of 8


     3.   The Arizona Revised Statute, which Defendant is accused

of violating,  is blatantly unconstitutional, solely by virtue of

the fact  that  the  chemical,  which  Defendant  is  accused  of

illegally possessing,  is a naturally occurring substance created

by the  human body.   Such  a statute  renders  the  entire  male

population, presently inhabiting the United States of America, to

be in  illegal possession of a prohibited substance.  This result

is absurd.   Reductio  ad absurdum.   Moreover,  the law does not

recognize impossibilities.  Lex non cogit impossibilia.

     Accordingly,  the  alleged  SUPERVENING  INDICTMENT  in  the

instant case  should be  quashed, the instant case dismissed, and

the Defendant  released immediately  from custody  into  freedom,

which is  Defendant's fundamental Right in these United States of

America.   Further detention of Defendant constitutes a clear and

dangerous violation  of  Defendant's  fundamental  Right  to  due

process of law.  See Fifth Amendment.

     4.   The Arizona juror and voter qualifications statutes are

defective for  exhibiting prohibited  discrimination against  all

state Citizens,  who are  not also  federal citizens  by Right of

Election.   This question has now been placed properly and timely

before the  Pima County Consolidated Justice Court in the case of

Mitchell v.  Nordbrock et  al., case  number  #CV-97-3438.    The

matter is  also before the United States Court of Appeals for the

Eight Circuit,  in St.  Louis, Missouri state ("8th Circuit"), in

the cases  of U.S.A.  v. Gilbertson and Gilbertson v. U.S. et al.

For the  convenience  of  this  honorable  Court,  the  pertinent

pleadings now filed in Gilbertson's appeal to the 8th Circuit can

be obtained from Internet URL: http://supremelaw.com.


Application for Intervention/Notice of Indictment Defects:  Page
                             5 of 8


                       REMEDIES REQUESTED

     All premises having been duly considered, Petitioners hereby

request formal  leave to  intervene by Right in the instant case,

for all the reasons stated above.

     In  the   event  that  this  honorable  Court  should  grant

Petitioners leave to intervene, Petitioners immediately thereupon

and hereby move this honorable Court for an unconditional release

of the Defendant and an immediate dismissal with prejudice of the

instant case.

     In the  alternative, assuming leave to intervene is granted,

Petitioners hereby move this honorable Court to ORDER the instant

case transferred to the Superior Court of Arizona state, pursuant

to the  authorities cited  above,  and  to  ORDER  the  Defendant

released  on   His  own   recognizance,  pursuant  to  the  Tenth

Amendment, the  Universal Declaration  of Human  Rights, and  the

International Covenant  on Civil  and Political  Rights,  enacted

with explicit Reservations by the United States Congress.


                          VERIFICATION

I, Paul  Andrew, Mitchell,  B.A., M.S., Citizen of Arizona state,

expressly not a citizen of the United States ("federal citizen"),

federal witness,  Counselor at Law, and private attorney general,

hereby verify,  under penalty  of perjury,  under the laws of the

United States  of America,  without the  "United States" (federal

government), that  the above  statement of facts and laws is true

and correct,  according 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;  Guarantee Clause;  Tenth Amendment.


Application for Intervention/Notice of Indictment Defects:  Page
                             6 of 8


                        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):

            APPLICATION FOR INTERVENTION OF RIGHT AND
       NOTICE OF FATAL DEFECTS IN SUPERVENING INDICTMENT:
             Rule 201(d), Arizona Rules of Evidence

by placing one true and correct copy of said document(s) in first

class U.S. Mail, with postage prepaid and properly addressed to:


Daren James, Dean                  [hand-delivered]
Pima County Jail #2B9
Post Office Box 951
Tucson [zip code exempt]
ARIZONA STATE

Attorney General                   [hand-delivered]
State of Arizona
c/o 400 West Congress, Ste. 316
Tucson [zip code exempt]
ARIZONA STATE

Pima County Public Defender        [hand-delivered]
c/o 32 North Stone Avenue
Tucson [zip code exempt]
ARIZONA STATE


Executed on November 1, 1997:

/s/ Paul Mitchell
______________________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness,
Counselor at Law, and private attorney general
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


Application for Intervention/Notice of Indictment Defects:  Page
                             7 of 8


                          Exhibit "A":

                    APPLICANT'S OPPOSITION TO
                  PLAINTIFFS' MOTION TO STRIKE
           NOTICE OF INTENT TO APPLY FOR INTERVENTION

                Swan Business Organization et al.
                               v.
                        Leon Ulan et al.

          Superior Court of the State of Arizona [sic]
               in and for the County of Pima [sic]
                                
                       Case Number #315580


Application for Intervention/Notice of Indictment Defects:  Page
                             8 of 8


                             #  #  #

===========================================================================
Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com       : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best 06
             Tucson, Arizona state   : state zone,  not the federal zone 07
             Postal Zone 85719/tdc   : USPS delays first class  w/o this 08
_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice.  We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
[This text formatted on-screen in Courier 11, non-proportional spacing.] 13

      


Return to Table of Contents for

Supreme Law School:   E-mail