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