Time: Sat May 10 06:32:33 1997
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Date: Sat, 10 May 1997 06:23:54 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: Re: Rich Hayward Affidavit
Cc: Dale Robertson <jdrobertson@hotmail.com>,
        Dale Robertson <dalerobertson@hotmail.com>,
        Dale Robertson <habeascorpus@hotmail.com>

Dale,

See comments at the end.

/s/ Paul Mitchell
http://www.supremelaw.com


>From: fwolist@sportsmen.net
>Date: Sat, 10 May 1997 03:13:04 -0700 
>Subject: Re: Rich Hayward Affidavit
>To: pmitch@primenet.com
>
>================[ Distributed Message ]================
>         ListServer: fwolist (Free World Order)
>               Type: Not Moderated
>     Distributed on: 10-MAY-97, 03:12:58
>Original Written by: IN:cjs@sound.net.
>=======================================================
>
>
>>TO:            CIRCUIT JUDGE assigned to the Etowah County,
>>               Alabama, case denominated as:
>>
>>               EX PARTE WILLIAM MICHAEL KEMP
>>
>>FROM:          RICHARD HAMILTON  HAYWARD
>>
>>SUBJECT:       Affidavit of efforts to file
>>               the Extraordinary Writ of Habeas Corpus
>>
>>(I'm confused  about procedure  in filing  writs and  having them
>>heard.)
>>
>>DATE:          March 26th, 1997
>>
>>
>>On Monday, March 24th, 1997, I lodged a Request for Leave to file
>>A Writ  of Habeas  Corpus respecting  William Michael  Kemp  with
>>Circuit Judge  Roy Moore  of Etowah County, Alabama.  Judge Moore
>>explained to  me that the practice in Etowah County required that
>>the matter  be filed  and assigned  to  a  judge  in  the  manner
>>prescribed by  law and  then directed  me to file the papers with
>>the clerk  of the  court.   The following morning, Tuesday, March
>>25th, 1997,  I did  file the  Request for  Leave with  the clerk.
>>Over my  objection, I  was required  to pay  a filing fee.  Since
>>this is  a criminal  matter which  is expressly authorized by the
>>Criminal Code,  I am  understanding that  no fee should have been
>>charged.  Lodged with the clerk at that time, and submitted along
>>with the  Request for  Leave to  File, but  not filed,  were  the
>>actual Originals  to the  Application for  the Writ  which  I  am
>>requesting specific authority of the court to file.
>
>(snip)
>
>I  regret  to  note  that,  while  District  Attorney
>>Hedgspeth has  direct ex  parte access  to Judge Cardwell in this
>>matter, I  have at  the same  time and  in  the  same  case  been
>>repeatedly denied  direct access  to  the  Judge  and  have  been
>>required  to  communicate  only  indirectly  through  the  judges
>>secretary and  receiving reply  relayed by  Clerk Billy Yates and
>>others.   Why I am unable to speak to the Judge directly about an
>>ex parte  matter which I have personally lodged with the clerk of
>>Courts in  Etowah County  is a continuing puzzle to me.  Further,
>
>(snip)
>
>>of his life.  I am requesting, in light of these events described
>>above, verified  in accordance  with law  below, that  the court,
>>whatever court  that this  case is properly assigned to, pursuant
>>to  the   requests  made  in  the  pending  Application  for  the
>>Extraordinary Writ of Habeas Corpus, release William Michael Kemp
>>on his  recognizance,  or  other  reasonable  bail,  pending  the
>>statutory  show   cause  hearing   on  the  relief  requested  in
>>Application for  the Writ  of Habeas  Corpus  respecting  William
>>Michael Kemp.  Further, affiant sayeth not.
>>
>>
>>
>>_________________________________________________________
>>RICHARD HAMILTON HAYWARD
>>
>>cc:  Judge Roy Moore
>>     Judge William W. Cardwell
>>     Clerk of Courts Billy Yates
>>     District Attorney Hedgspeth
>>
>>
>>
>>       Affidavit of Richard Hamilton Hayward:  Page 3 of 4
>>
>>File Jacket:   Ex Parte William Michael Kemp
>>Supreme Court - State of Alabama
>>CBS News
>>
>>VERIFICATION
>>
>>STATE OF ALABAMA              )
>>COUNTY OF ETOWAH              )
>>
>>Before me  the  undersigned  authority  on  this  day  personally
>>appeared RICHARD HAMILTON HAYWARD who after being duly sworn, did
>>depose and  state:   "My name  is RICHARD HAMILTON HAYWARD.  I am
>>over twenty-one (21) years of age, have never been convicted of a
>>felony or  a crime  of moral  turpitude and  am competent to make
>>this affidavit.   I  am the  RELATOR in  the Application  for the
>>Extraordinary Writ of Habeas Corpus now pending before the Etowah
>>County Alabama  Circuit Court respecting William Michael Kemp and
>>all  of  the  above  and  foregoing  facts  and  statements  were
>>personally experienced  by me in the course of attempting to file
>>and give effect to the said writ and all statements, allegations,
>>denials and attachments contained therein are true and correct to
>>the best of my knowledge and belief."
>>
>>
>>
>>___________________________________________________________
>>RICHARD HAMILTON HAYWARD
>>
>>Given under my hand and seal this _____ day of March, 1997.
>>
>>
>>__________________________________________________________
>>
>>
>>
>>Notary Public, In and For the State of Alabama
>>
>>
>>
>>__________________________________________
>>Name of Notary - Printed
>>
>>205-663-9000 office of attorney  -  Bass
>>
>>I was notice that the hearing has been set for Friday, 8:30 a.m.
>>on 28 March 1997, William W. Cardwell, in Room 209 Etowah County
>>Courthouse.
>>       Affidavit of Richard Hamilton Hayward:  Page 4 of 4
>>========================================================================
>>Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
>>email:       [address in tool bar]   : Eudora Pro 3.0.1 on Intel 586 CPU
>>web site:  http://www.supremelaw.com : library & law school registration
>>ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
>>             Tucson, Arizona state   : state zone,  not the federal zone
>>             Postal Zone 85719/tdc   : USPS delays first class  w/o this
>>========================================================================
>
>Hello,
>
>May God bless you for your efforts, Mr. Hayward.  Depending on what you are
>attempting to accomplish, you might be interested in some materials on
>Habeas Corpus.  The first is a book written about 1860 by a Mr. Hurd called
>Hurd on Habeas Corpus.  You will be lucky to find this at your local law
>library (not in mine); and if you find it in the card catalog of the
>Supreme Court library of your State, you might find that it is checked out
>and in some judge's chambers (as it is in the State of Missouri).  Robert
>Wangrud has a reprint of this book; he posts on this list frequently if you
>would like to reach him.  Hurd on Habeas Corpus was written before the
>legislative / martial law rule venue went wild so it is fairy
>straightforward to understand, not being mixed up with a lot of purely
>statutory procedure which would convert a petition for judicial relief into
>one of statutory relief.  Again, I don't exactly know what you are trying
>to accomplish.
>
>Randy Geiszler, who has also posted on this list, has made a set of audio
>tapes and documents which basicly review and bring to life the material in
>Hurd on Habeas Corpus.
>
>My experience with applying for judicial relief, both my status and that of
>the incarcerated ones merit judicial relief, is that the administrators of
>the courts do not want to 1.) exercise the judicial power of their State
>and/or 2.) admit that they don't possess the judicial power of their State.
>Again, if you are seeking statutory relief, beware that the administrators
>will only allow a case through which will further tighten their
>administrative grip on you, yours and your loved ones.
>
>To the extent that I have petitioned for judicial relief, the
>administrators either don't know what you are asking for, or give you dumb
>looks, or try to convert it into a statutory petition.  If you have any
>knowledge of what Habeas Corpus is or how it worked, you would have to
>agree that these administrators are 1.) too stupid to get out of
>kindergarten, let alone law school, or 2.) they are avoiding what you want
>like the plague
>
>Petitioning for Habeas Corpus is a little like a card game.  First, someone
>is incarcerated.  Then its your turn, you want to help.  But you have no
>cards in your hand.  So you learn something about H.C and want to play that
>card.  You go down to the courthouse, play your card, and then they play
>their card: they don't know what you are talking about, they want you to
>apply for leave to file the Petition, they recommend you take it to the
>wrong court, they assign it to some judge for a show cause hearing so the
>Writ really is never issued, etc.  So you study some more and figure out
>how to get a hearing date.  Only problem is, they play the card that the
>hearing date is after the trial date of the prisoner.  But you don't know
>what card to play at this time.  The prisoner is brought to trial, found
>guilty and released.  Your Petition for H.C. is then moot.  Later, your
>friend is re-arrested for the same type of offence and you helplessly
>pursue the same H.C. card game; what we call the revolving door of justice.
>
>Except this time, you have studied and discovered two more cards you can
>play.  You notify the jailor of your intent to petition for habeas corpus;
>second, when the court that should act on the petition fails to act on the
>petition, you notify the court and pursue the writ of mandamus in a higher
>court to compel them to act.  For every card they play, there is a
>corresponding card for you to play to move the situation along.
>
>Through study of the civil war and post civil war eras of the State of
>Missouri, I believe the legislative/political process has been derailed and
>the only hope for peaceful restoration of my State and the united States is
>through petitioning the judicial branch of the governments for redress of
>grievances.  The administrators of the courts, however, will do everything
>they can to stymie, confuse, stall and intimidate you on your quest.  I
>will admit I was easily handled like any other fool, many times, in my
>pursuit.
>
>Many people believe "the courts are corrupt, the judges are ignorant, they
>are violating their oaths of office, etc."  This attitude will blind you
>and prevent you from understanding there really is a method to their
>madness.  There are many things to learn about Habeas Corpus but they are
>entirely logical and discoverable if you humble yourself, pray for guidance
>and do your homework.
>
>Truly,
>
>C.J. Scheppers
>
>
>
>
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>

========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
email:       [address in tool bar]   : Eudora Pro 3.0.1 on Intel 586 CPU
web site:  http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
             Postal Zone 85719/tdc   : USPS delays first class  w/o this
========================================================================


      


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