11-17-2006, 11:03 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,263
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Codee's SMJ Challenge
READ POST 7 FOR THE PROPER PROCEDURE !!!!!!
originating here
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Originally Posted by Codee
Superior Court in ______ County
XXX St.
Xxxxxx Xxxxxxx
ZIP.
People vs. ____________
XXXXXXX X. XXXXXXXXXXXXX
Case naumber___________
Special appearance,
Notice of and motion to dismiss.
Upon reciept of thie document notice is deemed given that XXXXXXXX X. XXXXXXXXXXX. will move t dismiss all chrages based on the content of the section of this document titled "Foundation in Law."
FOUNDATION IN LAW
The court held accused on a recognizance. The accused was never shown a formal complaint, which is required to be filed, so as to retaining jurisdiction. Holding of the accused by way of recognizance is within jurisdictional limitations for crimes with a formal complaint on record. Without such a complaint jurisdiction does not exist to hold. A court without jurisdiction has no power to hold, continue or otherwise proceed [Fn-1] [Fn-2] [Fn-3.]
Relief sought: Defendant demands that this court find itself wanting Jurisdiction and dismiss itself immeadiatly.
*Fn-1
People v Agnew (1952, App Dep't Super Ct) 110 Cal App 2d Supp 837, 242 P2d 4 10.
“Jurisdiction of the Municipal Court of Los Angeles to try a defendant for a traffic:violation and enter judgment depends upon the existence of a formal complaint.”
*Fn- 2
Rupley v Johnson (1953) 120 Cal App 2d 548, 261 P2d 318.
“On a plea other than guilty to traffic violations and in the absence of a waiver, a complaint must be filed before the court has jurisdiction.”
*Fn-3
Gavin v Municipal Court of San Diego Judicial Dist. (1960, 4th Dist) 184 Cal App 2d 712, 7 Cal Rptr 732.
“Defendant cited for and charged with violating section of Vehicle Code who pleads not guilty and does not waive filing of misdemeanor complaint, is not brought within jurisdiction of municipal, or other inferior, court, until verified complaint charging him with offense in question has been filed.”
Signed:
____________________ __________ Date: _________
__________________________________________________ ____________________________
END
No recourse
No liability assumed
Not intended as legal advice
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__________________
Quit Walking Around Like a Half Breed Freeman Find Out How
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Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.
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When the going gets weird, the weird turn pro - Hunter S. Thompson
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