Time: Tue Nov 12 18:07:45 1996
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: WARWICK CASE: APPEAL
Cc:
Bcc:
At 12:58 PM 11/12/96 -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,
>
>Here is how I would appeal the order to enter a plea. Throw a notice of
>Petition on the top and serve to prosecutor. File just the notice with the
>lower court, and file the petition on top of the notice for the higher
>court. Do a general proof of service with this.
>
>
>I would, at the same time, do a Petition for Writ (as shown in STIFF-ARM
>STRATEGY to compel the lower court to stay proceedings until it has ruled on
>the issue of jurisdiction/venue/law of the court being properly joined with
>you. Until you get a ruling they shouldn't be able to proceed. Try to get
>a writ that forces them to obey these time-honored procedures of law. Add
>into the Petition for Writ that an extraordinary writ is necessary because
>there is no other known way to compel the lower court to follow the proper
>procedure.
This is also known as a
PEREMPTORY WRIT OF MANDAMUS, e.g.
PETITION FOR PEREMPTORY WRIT OF MANDAMUS
TO COMPEL THE PERFORMANCE OF A DUTY
OWED TO THE PETITIONER
ALTERNATIVE WRIT OF MANDAMUS
gives the defendant (court) a
last chance to clean up their act.
PEREMPTORY does not give them
a last chance, because they have
already been given their last chance.
Got it?
The record clearly shows that the court intends to proceed
>through trial, which will neccessitate an appeal on the judgement, because
>regardless of the verdict the question of jurisdiction/venue had never been
>ruled upon. The extraordinary writ is proper since unless it is issued an
>avoidable expense against the state will be incurred.
>
>Anyway, here comes the Petition for Leave to Appeal.
>
>~Tom Clark
>
>
>
>[John Q. Public]
>[Pleader's Capacity]
>[Mailing Location]
>[Phone Number]
>
> [NAME OF COURT]
>
>[Plaintiff] ) Case Number:
> Plaintiff(s) )
> ) Petition for Leave to
> v. ) Appeal from Interlocutory
> ) Order
>[John Q. Public] )
> Defendant ) [Special Instructions]
>----------------------
>
>TO THE PRESIDING JUDGE OF [NAME OF HIGHER COURT]:
>
> - CHARACTER OF DOCUMENT -
>
>[Notice to the court of any special considerations] Defendant is the
>Petitioner. Defendant controls the character of Defendant's Petition not
>[FULL NAME OF HIGHER COURT] (herein SHORT NAME OF HIGHER COURT). Saving to
>the suitor, the Defendant is setting [SHORT NAME HIGHER OF COURT] to make a
>determination on this Petition in law. Defendant is not a member of any
>bar, nor officer of the court, nor has Defendant attended law school, and
>cannot be held to the same procedural standards as an officer of the court.
>Defendant protests the court rules as they would be construed to deny the
>Defendant of remedy to which Defendant would otherwise be entitled to by
>right. All rights of Defendant preserved. Defendant reminds [SHORT NAME OF
>HIGHER COURT] the maxim: In law substance prevails over form.
>
> - PETITION -
>
> Pursuant to [Title 28, United States Code, § 1292 (this is only good in
>federal courts)] Petitioner seeks leave to appeal from order(s) entered on
>[date], in [NAME OF LOWER COURT] case number [xxxx], specifically: The
>order of entry of a plea.
>
> - GROUNDS IN SUPPORT OF PETITION -
>
> The questions of law and fact that are the grounds for this Petition arise
>as follows: Petitioner/defendant does not understand the nature and cause
>of the accusatory instrument presented by the prosecutor of case number
>[xxxx] (HEREIN PROSECUTOR). Petitioner/defendant has demanded a Bill of
>Particulars from Prosecutor who has failed to issue the demanded Bill of
>Particulars. A Bill of Particulars is a right recognized and protected by
>the Sixth Amendment, Constitution for the united States of America, to wit:
>In ALL criminal prosecutions, the accused shall enjoy the right...to be
>informed of the nature and cause of the accusation...
> The vehicle for the accused to compel the prosecution to do so since the
>founding of [Idaho] state and the united States of America to the present
>day is to demand a Bill of Particulars which the Petitioner/defendant has
>done in a timely manner. The Petitioner/defendant is without an attorney or
>other proxy in case number [xxxx], and thus does not waive the right to be
>informed of the nature and cause of the accusation. The Demand for a Bill
>of Particulars clearly demonstrates that Petitioner/defendant did not and
>does not understand the nature and the cause of the action against
>Petitioner/defendant. Despite these facts the [NAME OF LOWER COURT] entered
>a plea on behalf Petitioner/defendant.
> The question(s) of law that will be before [NAME OF HIGHER COURT] is thus:
> 1. Does the Petitioner/defendant have the right to be informed of the
>nature and the cause of the accusation, via a Bill of Particulars, prior to
>a plea being entered on behalf of Petitioner/defendant in case [xxxx]?
> 2. Since the Petitioner/defendant is of sui juris character, is it lawful
>and proper for [NAME OF LOWER COURT] in the absense of determining that (1)
>Petitioner/defendant is incompetent or (2) Petitioner/defendant is falsely
>asserting that Petitioner/defendant does not understand the nature and cause
>of the accusation to enter a plea on behalf of Petitioner/defendant?
> The order of [NAME OF LOWER COURT] on [date], case number [xxxx], and this
>Petition demonstrate a substantive and controlling controversy on
>question(s) of law neccesitating an immediate appeal to properly and justly
>advance case [xxxx] to conclusion.
>
> - PRAYER -
>
> Wherefore Petitioner/defendant is left without any known remedy with [NAME
>OF LOWER COURT] and in the interest of justice and as a matter of law and
>substance the Petitioner/defendant prays that God Almighty, in the name of
>the Savior, Jesus Christ, will move [NAME OF HIGHER COURT] to acknowledge
>and accept this Petition for Leave to Appeal from Interlocutory Order.
>
> - VERIFICATION -
>
>I, [John Q. Public], declare under knowing the law of bearing false witness
>before God and men, attest and affirm that I have read the foregoing and
>know the contents thereof; the same is true of my own knowledge except to
>those matters which are therein alleged on information and belief, and as to
>those matters, I believe them to be true.
>
>I now affix my own signature to all of the above with explicit reservation
>of all my God-given unalienable rights; constitutional rights; common law
>rights; and without prejudice.
>Dated this ___________ day of [Month], [Year].
>
>[John Q. Public]
>[Pleader's Capacity]
>
>
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