Time: Wed Jul 30 06:43:00 1997
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Date: Wed, 30 Jul 1997 05:35:29 -0700
To: Dale Robertson <habeascorpus@hotmail.com>
From: Paul Andrew Mitchell [address in tool bar]
Subject: Habeas Overview
Dale,
I have taken the liberty of forwarding
this to all clients of the Supreme Law
School.
Good baseball analogy!
Here's another one: when a minor league
player is called up to the Majors, he
signs a contract with the team that
hires him. In so doing, he associates
with that "state". As a consequence of
his contract, he also becomes associated
with the League -- either National or
American.
Citizenship is the same. When you associate
with one of the states of the Union, you
thereby become a Citizen of ONE OF the
United States of America, because each
Union state is one of the United States
of America, by definition.
But, there is no "national" citizenship,
as such, any more than there is a National
or American baseball team.
/s/ Paul Mitchell
http://www.supremelaw.com
>Respecting The Most Extraordinary Writ of Habeas Corpus you ask:
>
>"Can anyone point to some recent cases where it worked
>when it should have?"
>
>Dale Robertson responds as follows:
>
>======================================================
>
>In Feburary of 1997, I was asked and I did file an application for the
>extraordinary writ of habeas corpus in the Dallas Criminal District
>Courts seeking the release from jail of a 76 year young grandmother and
>retired Cchristian school teacher who was accused of the heinous crime
>of contemptiously refusing to answer questions. This monsterous crime
>follows a life-long series of criminal activity which including two (2)
>traffic tickets during one lifetime - one of which unfortunately was
>defeated by her cleverly representing herself in a jury trial. Clever
>lady this criminal grandmother is!
>
>With this sordid criminal background to overcome and in the face of this
>heinious crime agains the peace and dignity of the State of Texas, I was
>ask to seek her release by extraordinary writ of habeas corpus from jail
>by her 50 year old son who happened to be the Vice President of the
>Republic of Texas. Alice Irene Enloe was also clerk of courts for the
>Republic of Texas as well. Her 5 foot one inch 95 pound grey headed and
>neatly attired frame apparently cast an imposing and intimidating figure
>to the judge who gleefully placed this wanton criminal contemnor
>securely behind bars in the Dallas County Jail. After all we simply
>cannot allow the spectre of grandmothers actually exercising their
>constitutionally guaranteed right of silence. And a teacher besides -
>Christial at that!! Heavens, what is the world coming to now? The next
>thing you know she will be teaching others how to do it! She's a teacher
>you know!
>
>So with great trepidation I ventured three hours north of my peaceful
>home in Pinehurst into the bowels of the Dallas County Criminal Courts
>and Judiciary. On 10 Feburary 1997, armed with my 21 years experience at
>flinging habeas corpus actions at the Texas and Federal judiciary
>together with a lot of gall and a good bit of luck (born of
>persistence), I filed my Request for leave to file, along with my
>Application for the Extraordinary Writ of Habeas Corpus with appropriate
>Orders attached. No fewer than 12 judges either ignored me, put me off,
>politely but ineffectively received me, or had me escorted from their
>respective chambers or courtrooms. The 13th judge, Criminal District
>John Nelms received me and my "assistant" in chambers (the "assistant"
>was there to observe, assist, study and learn the process first hand)
>and within 40 minutes of proceeding in chamers, ex parte, and a lot of
>rather tough quesitons from a seasoned Criminal District Judge I had a
>signed order granting me, Joseph Dale Robertson, a mere citizen and non
>lawyer (I'm not a liar either) leave to FILE and PROCEED on the
>application and on the writ's adversary hearing. Ms. Enloe was proudly
>sprung by her son, signed writ in hand, that evening some 2 hours later.
>
>Texas Criminal District Judge John Nelm's order granting the writ
>further directed Ms. Enloe to appear at an adversary hearing three days
>later on 13 Feb 97. The hearing never took place. After a two hour
>session with all parties present and after a lot of questioning on the
>record (questioning - that's what this case was all about in the first
>place), the opposing attorney decided that he did not want to argue the
>right agains compulsory self-incrimination with me in Criminal District
>Judge John Nelm's courtroom. They say that discretion is the better part
>of valor. Well - maybe! But Ms. Enloe was fully discharged by order
>signed by the Judge a few minutes after the opposing attorney announced
>that he wasn't going to proceed on the adversary hearing and that he was
>"satisfied" even though most of his questions remained challenged by Ms.
>Enloe's definitive assertion of her right against self-incrimination
>inserted as an objection and thus as a barrier between the propounded
>question and it's would be compelled answer - which compulsion never
>came because there was no hearing - no enforcement and no confrontation.
>Ms. Enloe walked - out of the courtroom a fully "discharged" litigant,
>free of the onerous burden of her prior comtempt conviction and once
>again was "conjoined with the full measure of her unrestrained and
>unfettered liberty".
>
>You might ask: Does it work every time?
>
>Well in response to that rehtorical question let me pose this added
>question: Did Babe Ruth hit a home run every time? Are you aware that
>Babe Ruth in addition to being the "Home Run King" was also the runaway
>undisputed self-admitted "Strike Out King"? Even the "Babe" didn't hit a
>home run every time.
>
>No I ain't perfect - but I have some experience and that experience
>lends some ability to those who from time to time find themselves on the
>wrong side (spell that I N S I D E) of the big iron house.
>
>This is one of some 15 writs that I have filed so far this year! Not one
>of those defendant's now remain in jail. The longest incarcerated was
>released last Monday after being locked up for four months on a one year
>sentence.
>
>Constitutionally,
>
>Dale Robertson
>habeascorpus@hotmail.com
>
>==========================================
>
>
>
>
>
>
>>From csharp@mindspring.com Tue Jul 29 15:30:53 1997
>[209.86.38.114])
> by brickbat9.mindspring.com (8.8.5/8.8.5) with SMTP id SAA04333;
> Tue, 29 Jul 1997 18:30:46 -0400 (EDT)
>Subject: Re: LLAW: Habeas Overview
>Date: Tue, 29 Jul 97 18:31:29 -0000
>x-mailer: Claris Emailer 2.0v2, June 6, 1997
>From: Charles Marcus <csharp@mindspring.com>
>To: "Dale Robertson" <habeascorpus@hotmail.com>,
> "LibertyLaw" <libertylaw@www.ultimate.org>
>
>habeascorpus@hotmail.com said on 7/28/97 11:02 PM:
>
>>Yes, the use of habeas corpus needs to employed on a widespread basis.
>>Through exercise, its current atrophy will dissapate and new viger and
>>strength will again be infused into the relic of a once mighty writ.
>And
>>through its diligent and frequent exercise, either its strength will
>>return or the raw vissage of tyranny will be exposed for all to
>>unfailing see.
>
>According to the rule (20) itself, it is RARELY granted.
>
>Can anyone point to some recent cases where it worked
>when it should have?
>
>
>
>
>In the pursuit of Liberty and Truth,
>
>Charles
>
>
>
>\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\
>"We do well to bear in mind the extraordinary prestige of
>the great writ, Habeas Corpus ad Subjiciendum in Anglo-
>American jurisprudence: "The most Celebrated writ in the
>English Law." 3 Blackstone Commentaries 129. It is "a writ
>antecedent to statute, and throwing its root deep into the
>genius of our common law.... it is perhaps the most
>important writ known to the constitutional law of england,
>affording as it does a swift and imperative remedy in all
>cases of illegal restraint or confinement. It is of
>immemorial antiquity... ."
>
>"It's root principle is that in a civilized society,
>government must always be accountable to the judiciary for
>a man's imprisonment: If the imprisonment connot be shown
>to conform with the fundamental requirements of law, the
>individual is entitled to his immediate release."
>
>Fay v. Noia, 372 US 391 (1963)
>\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\
>
>Dale Robertson
>habeascorpus@hotmail.com
>
>
>______________________________________________________
>Get Your Private, Free Email at http://www.hotmail.com
>
>
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU
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ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
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As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
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