Time: Sat May 10 06:32:33 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id FAA28138; Sat, 10 May 1997 05:58:12 -0700 (MST) by usr06.primenet.com (8.8.5/8.8.5) with SMTP id FAA11844; Sat, 10 May 1997 05:58:05 -0700 (MST) 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 > > > > >======================================================================== >To subscribe: send a message to the fwolist@sportsmen.net >with the word SUBSCRIBE in the subject/topic field. Use UNSUBSCRIBE to >remove yourself from the list. Questions/comments/problems? > email: Not Moderated@sportsmen.net or listmgmt@sportsmen.net >For info about this system and its lists email: info@sportsmen.net > >======================================================================== >via: Sportsman's Paradise~~Online 602-922-1639 - www.sportsmen.net > > > > ======================================================================== 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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