Time: Tue Nov 12 18:07:45 1996 To: libertylaw@www.ultimate.org From: Paul Andrew Mitchell [address in tool bar] Subject: WARWICK CASE: APPEAL Cc: Bcc: At 12:58 PM 11/12/96 -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, > >Here is how I would appeal the order to enter a plea. Throw a notice of >Petition on the top and serve to prosecutor. File just the notice with the >lower court, and file the petition on top of the notice for the higher >court. Do a general proof of service with this. > > >I would, at the same time, do a Petition for Writ (as shown in STIFF-ARM >STRATEGY to compel the lower court to stay proceedings until it has ruled on >the issue of jurisdiction/venue/law of the court being properly joined with >you. Until you get a ruling they shouldn't be able to proceed. Try to get >a writ that forces them to obey these time-honored procedures of law. Add >into the Petition for Writ that an extraordinary writ is necessary because >there is no other known way to compel the lower court to follow the proper >procedure. This is also known as a PEREMPTORY WRIT OF MANDAMUS, e.g. PETITION FOR PEREMPTORY WRIT OF MANDAMUS TO COMPEL THE PERFORMANCE OF A DUTY OWED TO THE PETITIONER ALTERNATIVE WRIT OF MANDAMUS gives the defendant (court) a last chance to clean up their act. PEREMPTORY does not give them a last chance, because they have already been given their last chance. Got it? The record clearly shows that the court intends to proceed >through trial, which will neccessitate an appeal on the judgement, because >regardless of the verdict the question of jurisdiction/venue had never been >ruled upon. The extraordinary writ is proper since unless it is issued an >avoidable expense against the state will be incurred. > >Anyway, here comes the Petition for Leave to Appeal. > >~Tom Clark > > > >[John Q. Public] >[Pleader's Capacity] >[Mailing Location] >[Phone Number] > > [NAME OF COURT] > >[Plaintiff] ) Case Number: > Plaintiff(s) ) > ) Petition for Leave to > v. ) Appeal from Interlocutory > ) Order >[John Q. Public] ) > Defendant ) [Special Instructions] >---------------------- > >TO THE PRESIDING JUDGE OF [NAME OF HIGHER COURT]: > > - CHARACTER OF DOCUMENT - > >[Notice to the court of any special considerations] Defendant is the >Petitioner. Defendant controls the character of Defendant's Petition not >[FULL NAME OF HIGHER COURT] (herein SHORT NAME OF HIGHER COURT). Saving to >the suitor, the Defendant is setting [SHORT NAME HIGHER OF COURT] to make a >determination on this Petition in law. Defendant is not a member of any >bar, nor officer of the court, nor has Defendant attended law school, and >cannot be held to the same procedural standards as an officer of the court. >Defendant protests the court rules as they would be construed to deny the >Defendant of remedy to which Defendant would otherwise be entitled to by >right. All rights of Defendant preserved. Defendant reminds [SHORT NAME OF >HIGHER COURT] the maxim: In law substance prevails over form. > > - PETITION - > > Pursuant to [Title 28, United States Code, § 1292 (this is only good in >federal courts)] Petitioner seeks leave to appeal from order(s) entered on >[date], in [NAME OF LOWER COURT] case number [xxxx], specifically: The >order of entry of a plea. > > - GROUNDS IN SUPPORT OF PETITION - > > The questions of law and fact that are the grounds for this Petition arise >as follows: Petitioner/defendant does not understand the nature and cause >of the accusatory instrument presented by the prosecutor of case number >[xxxx] (HEREIN PROSECUTOR). Petitioner/defendant has demanded a Bill of >Particulars from Prosecutor who has failed to issue the demanded Bill of >Particulars. A Bill of Particulars is a right recognized and protected by >the Sixth Amendment, Constitution for the united States of America, to wit: >In ALL criminal prosecutions, the accused shall enjoy the right...to be >informed of the nature and cause of the accusation... > The vehicle for the accused to compel the prosecution to do so since the >founding of [Idaho] state and the united States of America to the present >day is to demand a Bill of Particulars which the Petitioner/defendant has >done in a timely manner. The Petitioner/defendant is without an attorney or >other proxy in case number [xxxx], and thus does not waive the right to be >informed of the nature and cause of the accusation. The Demand for a Bill >of Particulars clearly demonstrates that Petitioner/defendant did not and >does not understand the nature and the cause of the action against >Petitioner/defendant. Despite these facts the [NAME OF LOWER COURT] entered >a plea on behalf Petitioner/defendant. > The question(s) of law that will be before [NAME OF HIGHER COURT] is thus: > 1. Does the Petitioner/defendant have the right to be informed of the >nature and the cause of the accusation, via a Bill of Particulars, prior to >a plea being entered on behalf of Petitioner/defendant in case [xxxx]? > 2. Since the Petitioner/defendant is of sui juris character, is it lawful >and proper for [NAME OF LOWER COURT] in the absense of determining that (1) >Petitioner/defendant is incompetent or (2) Petitioner/defendant is falsely >asserting that Petitioner/defendant does not understand the nature and cause >of the accusation to enter a plea on behalf of Petitioner/defendant? > The order of [NAME OF LOWER COURT] on [date], case number [xxxx], and this >Petition demonstrate a substantive and controlling controversy on >question(s) of law neccesitating an immediate appeal to properly and justly >advance case [xxxx] to conclusion. > > - PRAYER - > > Wherefore Petitioner/defendant is left without any known remedy with [NAME >OF LOWER COURT] and in the interest of justice and as a matter of law and >substance the Petitioner/defendant prays that God Almighty, in the name of >the Savior, Jesus Christ, will move [NAME OF HIGHER COURT] to acknowledge >and accept this Petition for Leave to Appeal from Interlocutory Order. > > - VERIFICATION - > >I, [John Q. Public], declare under knowing the law of bearing false witness >before God and men, attest and affirm that I have read the foregoing and >know the contents thereof; the same is true of my own knowledge except to >those matters which are therein alleged on information and belief, and as to >those matters, I believe them to be true. > >I now affix my own signature to all of the above with explicit reservation >of all my God-given unalienable rights; constitutional rights; common law >rights; and without prejudice. >Dated this ___________ day of [Month], [Year]. > >[John Q. Public] >[Pleader's Capacity] > >
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