Time: Tue Nov 12 00:41:40 1996 To: libertylaw@www.ultimate.org From: Paul Andrew Mitchell [address in tool bar] Subject: Re: LLAW: Jailbird Dave Cc: Bcc: At 09:47 AM 11/11/96 -0800, you wrote: >======================================================================= >LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA >Presiding JOP: Tom Clark, Constable: Robert Happy, Clerk: Kerry Rushing >======================================================================= >Dave, > >>He finally said "Mr Warwick, I am remanding you to the custody >>of the sheriff's departmrent to be placed in county jail >>until you can post a $250 bond. Be back here for a "sounding >>docket" on December 6th. > >Go ahead and seek either Writ of Mandamus or an appeal from an interlocutory >order. > >The question of law to be heard centers around the arraignment. You don't >understand the charges and a plea has been entered. That should stay >proceedings until you get the answer from the higher court. Yes, indeed. The "nature and cause" is a fundamental Right, which also goes to "due process of law." The lower state courts cannot deprive you of such a fundamental Right, because it denies you the chance to prepare your defense. Imagine if they arraigned you at 9:00 a.m., and commenced the trial at noon. Wouldn't that be crazy? Yes, because you would not have had the opportunity to prepare your defense. See Appendiz Z in The Federal Zone, for tons of cites on this question (i.e. "nature and cause"). You will also need to incorporate your state constitution, because you are in state court, yes? If you do not understand the charges, then the judge erred by entering your plea for you. File a Mandamus to compel him to withdraw the plea, until such time as you are willing to admit that you understand the charges; until then, you cannot be prosecuted, period. Your remedy is their answer to your Notice and Demand for a Bill of Particulars. Such an answer allows them to carry their burden of clarifying the "nature and cause" of the accusation to you. Once you have received that, you can challenge it on reasonable grounds, but you cannot stay in this loop forever. Just be prepared to object to each and every adverse ruling you might get, every step of the way. In that way, you will preserve your appeal rights. Another way to engage this "nature and cause" question is to abate the indictment for insufficiency (lots of authorities on this point), and also to abate the entire grand jury, for exhibiting class bias. If your state pulls jury candidates from the voter registration rosters, and your state requires that jury candidates also declare, under penalty of perjury, that they are federal citizens, you have a nice federal question which will vault you right into federal court, using a standard removal action. Normally, removals are available only to defendants, but the People succeeded in removing the Garfield County case, I think, because the county judge was just tired of the case, and was over his head right out of the gate. This removal action is something which I wish to bring all over the nation right now, because it is a pivotal point which goes to the difference between slavery (read "federal citizens") and freedom (read "state Citizens"). I am standing by. /s/ Paul Mitchell > >You are doing as well as others that have used this strategy. They don't >seem to give up until the last moment. That is they don't give up until it >is time to go to trial and you haven't waived the issue. That's when. > >No one that I have helped has been on the ball and filed the appeal form an >interlocutory order. So I can't give you stats on that. The good news is >despite that shortcoming cases are getting dismissed anyway. Please, don't >drop the ball. I can prepare the body of the paperwork for you if you are >not sure how to do that, but you need to seek remedy in a higher court. >That's how they operate. > >~Tom Clark > >
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