Time: Tue Nov 12 18:15:32 1996
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: WARWICK CASE: APPEAL
Cc:
Bcc:
Excellent work, Tom!! To elaborate
a little bit here:
Appendix Z of The Federal Zone has a vast
number of citations on the fundamental
Right to know the nature and cause of any
accusation (indictment, information, etc.)
You can use those authorities as a
supplement to Tom's excellent template
brief below, for example:
"Respondent hereby incorporates by reference
the attached Exhibit A -- Appendix Z from
"The Federal Zone" -- which contains citations
and quotations from court decisions which
are petinent to Respondent's demand to know
the exact nature and cause of the accusations
heretofore filed against him (her), in the
particulars, as if Appendix A were set forth
fully herein."
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. 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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