Misadventures in Justice o peace Court.

I felt confident cramming for my appearence in Jop court using a combination of Mark Stevens and Ralph Winterood.Surely i had them on both assistance of council and impeaching the witness i projected.In a just court it would be grand slam home run.Alas this was a Justice o peace.(they don't have to be a lawyer or even a graduate of junior high).I had problems with this court from the get go.They refused to wait on the postal person for 4 days of them showing up and being made to wait till they had to leave. Fast forward 2 months later the prosecutor had not even made an effort to get the tape from the police which clearly had him proceeding without assistence of council.He went that day came back while i waited in court with everyone for 30 minutes(cops in same building)He claimed it was erased.Fast foward to today. Case starts with prosecutor asking long questions about the same thing .When he stated to the cop when you say mr nuetron running the stop sign. I interupted objection calls for a legal conclusion witness cannot testify.The prosecutor was enraged that i dare object him.But contiued. Finally i ask the cop what i said.He i asked for a lawyer.I repeated the questions Am i under arrest free to go can't proceed without assistance of council.He Agreed. I motioned for a directed verdict judge declined. I asked why he said thats something he decides. So i ask the officer Would there be a crime if i were not in the state of texas on the date of xyz.The cop answetred but you where,I asked 2 more times he said he didn't understand.
Finally i said is it your testimony that i was in the state of texas on that day
he says yesI asked if was arbitrary or based on facts currently within his knowlegde he said yes.So i ask factually what is the state of texas he says the ground after asking and him not answering .I motion for a dismisal based on lack of personal knowledge.Jop says no. I then sight texas rules of evidence 602 TO THE JOP HE STILL SAYS NO.So after trying to cross examine the cranial challenged cop. The prosecutor says no more questions.
He then asks me if i have anymore witnesses.I look across at the prosecutor and say i would like to question the prosecutor.He looks extremely angry his eyes bulging out of their sockets.Jop says yes as long as it is jermaine to the case(jermaine my word not his)I ask the judge if i could enter things into evidence.He say if he thinks he needs them he will ask for them.I ask the prosecutor if i am allowed to contact him directly. he says no.I ask when he recieved my supeona for the tape of the traffic stop. PRO says hes busy
and dosen't recall he only goes there once a month.I said how about July 19
2 full months after i requested it.He said he didn't recall.I REMINDED HIM you went in the middle of court and you where told it was destroyed.He said hes a real estate lawyer and is there once a month. I ASK HIM is it your normal proceedure to wait that long. Again he says no recall. I told him does he think its fair.The Judge is saying (in open court!)that the case is taking to much time.(my case was under one hour he let some of sap talk about mist for 1 and a half hours before me.)So finally knowing the shaft was coming I ask the prosecutor is there evidence of a complaing party.The office smirks looks down and mumbles i can't answer that smirking harder turning his head behind himself(the judge looks like he dosen't get the joke and the cop looking like he smoked bad mushrooms)I say isn't a complaining party necessary for a cause of action.He again says he can't answer. I said but aren't you the legal guy.I say no further questions.Closing arguement prosecutor says one thing is for sure i was guilty of this extra. I looked at the
JOP who was looking at me waiting for the objection I object saying prosecutor was not there and can't say that. Judge says he means the cop .
I say in closing that the officer violated my assistence of council, the witness was impeached and my evidence was lost to slowness of the prosecutor.The judge says this case is over.I say to the jop but i can appeal right.The judge is even more angry pauses and says yes. He looks to the prosecutor and the prosecutor says i should be charged the maximum.The judge says mumbles guilty and fines me 280.My origial fine would have been 140. My initial reaction is to appeal but in this county it would cost me 560 to appeal.I am also considering filing a judical misconduct complaint also.Any thoughts on this.

[seeker]

Or witnesses who will write out affidavits as to the events and conversations?

[scottinalaska]

Order that tape right now! They had to have recorded it. As Seeker has said and I have learned, I sure hope you had some folks in the gallery watching the charade.
When I had NO one in the gallery, I got to use almost all of Marc's questions and even had the cop say,
"Of course I have jurisdiction over you." then ask the judge,
"Do I have to tell him factually what jurisdiction is?"
Judge: "Do you know what jurisdiction is?"
Cop: "No"
Judge: "The officer doesn't have to define jurisdiction."
I doubt that stupid pet trick would have been performed so callously if the audience was more than me!
Anyways, order the tape. I can't believe an appeal is so expensive. I don't know what to say about the financial hardship they thrust on you. But it should be tossed in the appeals over some incurable errors.
keep us posted.
scottinalaska

Funny you should say about the cop not knowing about jurisdiction,the cop i had said he thought he thought he had it then when i asked him he aquired it he didn't know.I asked if he had an oath to be an officer he didn't remember what it was.Also when i was going thru was i in texas on such and such date he thought i was trying to say i was there and said he thinks it was me there on that day. I was reading the Texas commission on judicail misconduct. The form mentions misconduct would include but not limited to improper or wrongful use of power of his office by a judgeacting intentionally,or with gross indifference to his conduct. Such as moral turpitude(?)dishonesty,corruption,misuse of office or bad faith whatever motive.Case decisions can't be changed.Any fine or sentence imposed by a judge in a traffic or criminal matter.As long within the parameters.THe form gives examples of intoxication on the bench,profanity,bribery ethnic slurs,written endorsement of a canidate,use office for personal gain.Suff NOT included: cases that fly in the face of evidence,evidence based on perjured testimony,even if judge misapplied the law.My favorite part was the prosecutor said judge we should fine the maximum here and the judge did.The judge also at least on 3 occasions mentioned he had other cases. mY ARGUMENTS WERE WITHOUT MERIT.So what if the witness put me in a place that he couldn't describe or might not recognize me or if he violated my fifth amendment rights the judge said after it was his decesion to decide those things. I did thoroughly enjoy questioning the prosecutor,he was a man with a napoleonic complex it was killing him to get what he dishes out every day.

[weishaupt1776]

Originally Posted by Mr Nuetron

My initial reaction is to appeal but in this county it would cost me 560 to appeal.

File it as a Habeas Corpus/Writ of Prohibition/Writ of Mandamus

The Habeas Corpus is Cheap

How does one do that and do i do at to it the county court where the appeal court is.

[weishaupt1776]

Check out the Habeas corpus thread in the court forum. Check out some of my posts and docs

Your state has fees on habeas. Make sure you indicate it is one at common law & non statutory. Come in under the pre-14th Amendment State Constitution.

There was some case where some big judge said words to the effect that habeas corpus must reach beyond prison walls.

In other words, it has more use than just another get out of jail free card

Look it up in your law dictionary

Upon visiting the county courthouse(appeals).Dispite all dirty tricks by the lesser court.My case is in the appeals court waiting list and hasn't been assigned yet. It is supposed to be a de novo or something which means it will be all new.Does that mean if no one from the lesser court (cop) shows up it will be dismissed.If i supeoned the previous lower court judge, prosectutor to appear would that be allowed.

[donwebbuz]

Every time I go to Jp=municipal court in Texas I win, the score is 15 to 0
first I send a notice of appearance where I remind the magistrate of his duties as spelled out in the code, and that I demand that he follows, in that notice as caveat I notice him of the statute that empowers officers to enforce traffic laws and I reserve all of my rights. I sent this notice 48 hours before the actual appearance by registered mail.
on court day I give the magistrate a copy of the notice and I ask him if we are in a legal, lawful court, and after that I reserve my right to remind silent, I do not accept anything from anyone in this court, and I wish eveyone a good day and I walk out. 48 hours I send a second notice to the magistrate, where I notice him of his failure to follow the law, and that the law is self acting,there was no probable cause, no need to proceed, and that any action by anyone in the court is double jeopardy and a violation of my rights. I have never hear from them again, I just recently got stopped in Carrizo Springs, Texas and when my info was run on the computer on my expired drivers lisence the deputy just told me to have a nice day, what a great country if you are On the soil of Texas and want to assert your rights in jp/municipal jurisdiction you can contanct me at donwebbuz@yahoo.com

on a different note I need assistance filing a writ of mandamus on a judge that is refusing to enter a judgemnt after the insurance company failed to appear in court and lost by default.

Notice to appear in appeals court to decide what type of hearing to have.Can anyone give me any input on it is better to have a bench or jury trail.I have been always going via bench hearing only because i have heard that the judge tells the jury what to lok for.My thinking has been that it will be judge and jury against me.So i only have to battle the judge.Any thoughts to which setting would be welcomed.