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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