Time: Tue Nov 12 00:41:40 1996
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: Re: LLAW: Jailbird Dave
Cc: 
Bcc: 

At 09:47 AM 11/11/96 -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,
>
>>He finally said "Mr Warwick, I am remanding you to the custody 
>>of the sheriff's departmrent to be placed in county jail
>>until you can post a $250 bond. Be back here for a "sounding
>>docket" on December 6th.
>
>Go ahead and seek either Writ of Mandamus or an appeal from an interlocutory
>order.
>
>The question of law to be heard centers around the arraignment.  You don't
>understand the charges and a plea has been entered.  That should stay
>proceedings until you get the answer from the higher court.

Yes, indeed.  The "nature and cause"
is a fundamental Right, which also
goes to "due process of law."  The
lower state courts cannot deprive
you of such a fundamental Right, 
because it denies you the chance
to prepare your defense.  Imagine
if they arraigned you at 9:00 a.m.,
and commenced the trial at noon.
Wouldn't that be crazy?  Yes, 
because you would not have had the
opportunity to prepare your defense.
See Appendiz Z in The Federal Zone,
for tons of cites on this question
(i.e. "nature and cause").  You will
also need to incorporate your state
constitution, because you are in 
state court, yes?

If you do not understand the charges,
then the judge erred by entering your
plea for you.  File a Mandamus to
compel him to withdraw the plea, 
until such time as you are willing 
to admit that you understand the
charges;  until then, you cannot be
prosecuted, period.  Your remedy is
their answer to your Notice and Demand
for a Bill of Particulars.  Such an
answer allows them to carry their burden
of clarifying the "nature and cause"
of the accusation to you.  Once you have
received that, you can challenge it on
reasonable grounds, but you cannot stay
in this loop forever.  Just be prepared
to object to each and every adverse ruling
you might get, every step of the way.
In that way, you will preserve your appeal
rights.

Another way to engage this "nature and cause"
question is to abate the indictment for
insufficiency (lots of authorities on this
point), and also to abate the entire grand
jury, for exhibiting class bias.  If your
state pulls jury candidates from the voter
registration rosters, and your state requires
that jury candidates also declare, under
penalty of perjury, that they are federal citizens,
you have a nice federal question which will
vault you right into federal court, using a
standard removal action.  Normally, removals
are available only to defendants, but the
People succeeded in removing the Garfield
County case, I think, because the county
judge was just tired of the case, and was 
over his head right out of the gate.  This
removal action is something which I wish to
bring all over the nation right now, because
it is a pivotal point which goes to the difference
between slavery (read "federal citizens") and
freedom (read "state Citizens").  

I am standing by.

/s/ Paul Mitchell



>
>You are doing as well as others that have used this strategy.  They don't
>seem to give up until the last moment.  That is they don't give up until it
>is time to go to trial and you haven't waived the issue.  That's when.
>
>No one that I have helped has been on the ball and filed the appeal form an
>interlocutory order.  So I can't give you stats on that.  The good news is
>despite that shortcoming cases are getting dismissed anyway.  Please, don't
>drop the ball.  I can prepare the body of the paperwork for you if you are
>not sure how to do that, but you need to seek remedy in a higher court.
>That's how they operate.
>
>~Tom Clark
>
>
      

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