Hi Everyone,
Well today was Arraignment day for Animal control. I filed a motition to dismiss prior to court begining and I had a copy for the judge and a copy for the State attorney.
Below is my Motion.
Katherine-Elizabeth; Snedigar,
Creditor- Secured Party
c/o 4400 Pasture View Rd.
Reno [89510] Nevada State
775-475-0300
SPARKS JUSTICE COURT
SPARKS, NEVADA
The State of Nevada, ] Citation #4686
]
Washoe County ]
Plaintiff, ]
]
vs. ]
] MOTION TO DISMISS FOR LACK
Katherine-Elizabeth; Snedigar, ] OF JURISDICTION
Creditor- Secured Party ]
]
Defendant ]
MOTION TO DISMISS FOR LACK OF DUE PROCESS
I, Katherine-Elizabeth; Snedigar, Creditor-Secured Party, neither gives nor grants any form of jurisdiction or venue to this court. I am making a special restricted appearance in Propria Persona and I am not making a general appearance. I am reserving all of my rights, remedies and defenses, statutory or procedural, at all times. I waive none of my rights, remedies and defenses, statutory or procedural, at any time for any reason. I am in constant fear of my life, liberty and property from police, troopers, State of Nevada and Washoe County, a municipal corporation and judges.
Based on the below stated facts I move for motion to dismiss:
/////
This court does not have subject matter jurisdiction because the citation was not properly issued and NRS 171.1773 was violated.
NRS 171.1773 Form and contents of citation: When person detained by peace officer.
1. Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not taken before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer may prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada” or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
1. There is jurisdictional failing on the face of the record, i.e. the citation identified as #4686, the matter is void and any ruling by this court without jurisdiction is void. Void judgment is one where court lacked personal or subject matter jurisdiction or entry of order violated due process, U.S.C.A. Const. Amend. 5 – Triad Energy Corp. v. McNell 110 F.R.D. 382 (S.D.N.Y. 1986). Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A.; U.S.C.A. Const. Amend. 5 – Klugh v. U.S., 620 F.Supp. 892 (D.S.C. 1985). A void judgment is one which, from its inception, was, was a complete nullity and without legal effect, Rubin v. Johns, 109 F.R.D. 174 (D. Virgin Islands 1985). A judgment shown by evidence to be invalid for want of jurisdiction is a void judgment or at all events has all attributes of a void judgment, City of Los Angeles v. Morgan, 234 P.2d 319 (Cal.App. 2 Dist. 1951). Void judgment which is subject to collateral attack, is simulated judgment devoid of any potency because of jurisdictional defects, Ward v. Terriere, 386 P.2d 352 (Colo. 1963).
2. The improperly identified dogs were not in the presence of any, as yet, identified Animal Control Officer when the alleged act was act committed.
3. The improperly identified dogs were not in the presence of the owner of the dog that was killed when the act was act committed.
4. The unidentified Animal Control Officer submitted an inadequate and fraudulent declaration/citation that was not sworn to and was not verified by the officer’s signature on said declaration, under penalty of perjury as defined by NRS 171.1773 supra.
5. The unidentified Animal Control Officer who issued the citation to “defendant” on the mere statement(s) by a party(ies) that [a] Defendant’s dogs committed a killing of another dog, which is [are] vague, and improperly identified “defendant’s dogs, in a vague statement that they looked like “defendant’s” dogs.
6. There is no sworn affidavit by complainant.
7. There is no sworn affidavit by citing officer, for a misdemeanor not committed in her presence,
8. The citation #4686 is not signed by the issuing Animal Control Officer.
Without prejudice
____________________________
By: Katherine-Elizabeth; Snedigar, Creditor Secured Party, Authorized Representative
ACKNOWLEDGEMENT
County of Washoe )
) ss
State of Nevada )
I Certify that the afore Affiant, Katherine-Elizabeth; Snedigar, personally appeared and personally known to me, ______________________a Notary, Subscribed and sworn and under Oath on the ________day of____________ __, 2004.
WITNESS my hand and official seal.
_____________________________ SEAL
NOTARY PUBLIC
_____________________________
My Commission Expires:
The result was that when the state attorney argued it she said it was that they did have a signed citation by Officer Lani Badge #11 and that it was conflicting because it said there was no subject matter Jurisdictin and the is said void for lack of due process... you get it.
I just sat there there and when it was my turn I said well I have my copy of the citation right here and it is not signed. And the AC officer came to my house 4 days after she issued the citation and asked that I give her my copy so she could sign it.
Here the answer for that. "The complaint can be ammended."
OK now I say yes they could ammend the complaint if the address was wrong, or if the name was spelled wrong but when a statute says you MUST and they don't then it is a voidable process!!!!!
So am I nuts on that?
Kitchie
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Heeellllppp!!!
