Tuesday, October 23, 2007
Dog License Saga...Update
We are still awaiting an appeal for this case. Since they are all toast when it is over, they are doing everything they can not to let this go to appeal. Poor loosers!!!
Challenge to Jurisdiction
Another saga with a traffic violation and CPL 340.10 challenge to jurisdiction.
Our Hero in jail for criminal contempt for challenging the courts jurisdiction for a traffic ticket. He went to his hearing, challenged personam jurisdiction. The court ignored it as usual, he turned around and walked out because he did not recognize the jurisdiction of the court. They waited until he was out of the building and arrested him for contempt of court. Habeas was filed and issued, but was extended for 10 days and he is still in. Judge put in his findings that he held him in contempt because he “disrupted his court because he challenged jurisdiction” and also (had to save face). Also found out that the judge and officer both do not have a oath and bond on file with the town, county and administrator of court. Result – break down of civil government. Time to call for assistance from the military.
No Dog Song
This is a song written by one of our members that goes along with the No Dog License Habeas Saga. Hope you enjoy it! It is found and can be down loaded here.
Habeas Saga Part 3
Dog License Saga:
As you remember our friend was arrested for not having a dog license. He was released on a habeas corpus and went to a hearing. At the hearing he was arrested a second time for "Crimminal Contempt". Note that the crimminal contempt charge was from several weeks ago not the night of the hearing:
Originally arrested on no dog license under the agricultural law which is a non-arrest able charge. After pointing out all the defects in their process, our friend was arrested and brought before a judge to make a plea. Our friend asked for the misdemeanor complaint, information and ---, After that he was brought to jail to which our other friends got him out on a habeas. When he went to the court hearing on Feb. 8, and was told that the DA would be there the next day, so he went Feb. 9 for the “no dog license” hearing. The DA made it clear that they weren't there for that, but for a "criminal contempt" charge 2 weeks before. Criminal contempt is for being unrully and most of the time used when someone is ordered to answer grand jury questions, but refuses to. They put in a new DA, (a tactic they always use), and did not mention the criminal contempt on Feb. 8 when he went in for the original hearing date. A law clerk made the remark that the judge should make a criminal charge so that he couldn’t get out on a habeas. The judge called the state troopers to come because he has an unruly person in the court. Of course our friend was not unrully and the troopers saw that when they were there. The DA was a little upset when he found out that our friend put in a misdemeanor complaint filed. Our friend made the new DA aware that he was unlawfully arrested and charged with criminal contempt in the second degree. Attorneys with higher knowledge of the law should know that they better investigate before they open their mouth and stick their foot in.In jail he was told that he needs to answer questions and sign any papers so that he can be release 30 days from that time, or the chief jailor would be down. The chief jailor had to come the next morning to get the info, which our man said he would answer under protest. The chief went down to the judge to supposedly get him release. They took our friend in a room to try to get him to post bail, which he wouldn’t. Our other friends went down with another habeas. Which they were told would not work this time because it is a "criminal" charge. After the habeas was filed, he was out in 2 hours! Even though he was “released on his own recognizance,”a habeas hearing must be held. As of this date that has not happened... Stay tuned, more to come.To show you how good aof spirits our guy is in, he said this:Cost of a dog license: $30.Cost of a 3-day stay in the county correctional facility: burdensome.Cost of a properly prepared and executed habeas: priceless.
Heabea Saga Continues... (No Dog License)
In our last testimony which is what you need to read before you read this one, our friend was taken to jail for not having a dog license. Maybe they should have taken him to jail for not having a dog!!! Any way, we was released as you can read in the last testimony before this one. On Feb. 9, 2006 our friend went to a hearing at the court on failure to license a dog, but instead the re-arrested him for "criminal contempt" from December. I know, what is that all about. You see when our Creator wants us to have some fun, he provides idiots in high places to accomidate. Two of our men from the Saturday morning meetings went down the next day with another hebeas to which the chief jailor said no way he is getting out on a habeas, "he is in for a crime." As if people were never put in jail for crimes they did not commit. The story gets better....
No Dog License? You Baaad Boy!
Habeas Corpus – actual situation in action
One of or Saturday morning members (hereafter our friend) was arrested for “not having a dog license”. The funny part of this story is going to be that, he doesn’t have a dog! I am going to leave some details out here but State Troopers (New York) came to his house to abduct him. They took him with no coat and slippers. Our friend asked to see a warrant. Of course you can't ask them that because they don't need one. Surprise! No affidavit and no details of what they were their for except failure to license a dog. It is noted here, NOT a jailable offense. You see this started by a dog 'officer' coming to his house asking him if his dog was licensed. He requested, nicely I might add, for her to leave the property. Ah, ow, bucking the 'authorities'! You can't do that in America! Back to the story.They hauled him to see da judge. The judge asked him if he understood the charges. He said, “I don’t have the misdemeanor complaint to be able to understand the charges.” They didn't even have a proper warrant. The judge at that point, like they usually do, got mad and stuck him in the lockup. Our friend is a 'real' crimminal, oh my! He was in jail in very bad conditions health and sanitation wise, called another member on Saturday to get a habeas corpus in the works. Two other members went to the jail Sunday to try to get him released by word, to no avail. They would not even allow them to see or get a message to him. Thank God for phones in jail! Then getting a properly made habeas corpus together, Monday went down to submit it. Now there are a lot of details here, but we will be offering the tape of the testimony of our friends with a habeas lesson soon. When all is said and done the habeas got our friend out. Our friends set off a (in toung and cheek words) nuclear explosion by putting a habeas in to free him. More to come.....
Void Judgment decision
One of our members received a judgment against him from a hospital bill that was supposed to be paid by insurance. To make a long story short, they went as far as garnishing his wifes wages cause they couldn't get his. He filed a motion to vacate the judgment based upon the grounds the bill was already paid and won. Even the judge got some documents he couldn't get. Now he will follow through and take it to the next level. Stay tune for further information.