Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #11  
Old 05-07-2006, 07:19 PM
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Judge Roy Bean Judge Roy Bean is offline
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Quote:
Originally Posted by HenryBowman
This question should have been asked to the judge, but directed to the prostitutor. id est:

"Who has the burden of proof of jurisdiction?"
No one here. You're under the jurisdiction of this court at this moment, how do you plead?

Quote:
Originally Posted by HenryBowman
"Have they produced it?"
Irrelevant. How does the defendant plead to the charges of __________________?"

Quote:
Originally Posted by HenryBowman
(If No) "I demand to see it now, before I can make any legal determination about this matter."
The court has already ruled on the matter of jurisdiction. How does the defendant plead?"

Quote:
Originally Posted by HenryBowman
(If Yes) "Bring it forward, so that I may see it, because I have not seen it, and believe no proof exists."
Does the defendant wish to enter a plea?"

Quote:
Originally Posted by HenryBowman
Kitchie, there should have been some point where the "judge" asks you if you understand the charges against you. The answer to this question is always "No!"

Kitchie decided to go the whacko route so that question never came up. The court already established jurisdiction and if the defendant wants to challenge it, let him or her make such a motion, get shot down and appeal that ruling.

Quote:
Originally Posted by HenryBowman
Kitchie, Not telling you what you should do here, but if it were me standing in your shoes, I would have taken her answer as my cue to guffaw loudly, followed by: "Do you not know where you are? I must be in the wrong room, Excuse me while I leave."
Great way to end up with an additional contempt citation and maybe even a few hours or a night in the local jail.

Quote:
Originally Posted by HenryBowman
If you get a transcript of this written in the hearing, you can probably use it to negate the insinuated threat of arrest by JRB.
Nonsense. You could end up in jail and wouldn't get the opportunity to offer any such "evidence" until yet another trial.

Quote:
Originally Posted by HenryBowman
You did have your own court reporter there, correct?
And do you know who decides which "version" of the transcript is admitted as the final record? Let me give you a clue - it's not you or "your reporter."
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  #12  
Old 05-07-2006, 07:42 PM
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Livefire Livefire is offline
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Quote:
Originally Posted by Judge Roy Bean
No one here. You're under the jurisdiction of this court at this moment, how do you plead?


Irrelevant. How does the defendant plead to the charges of __________________?"


The court has already ruled on the matter of jurisdiction. How does the defendant plead?"


Does the defendant wish to enter a plea?"



Kitchie decided to go the whacko route so that question never came up. The court already established jurisdiction and if the defendant wants to challenge it, let him or her make such a motion, get shot down and appeal that ruling.


Great way to end up with an additional contempt citation and maybe even a few hours or a night in the local jail.


Nonsense. You could end up in jail and wouldn't get the opportunity to offer any such "evidence" until yet another trial.


And do you know who decides which "version" of the transcript is admitted as the final record? Let me give you a clue - it's not you or "your reporter."


Judge,

You're an excellent spin meister.....and I think all that spinnin' is making you a bit dizzy The court's jurisdiction can be challenged at any time and the benchly buffoon that usurps his limits and holds an aggrieved defendant in contempt for holding the court to its own rules is worthy of impeachement. I think taking exception to the judge's ruling is in order at that point and giving the court notice of your intent to go for an interlocutory appeal. As for the two reporters......the courts reporter is accepted as the official record in all instances except one....that would be at a grand jury's investigation of the judge for malfeasance of public office. My CERTIFIED/LICENSED reporter's record and affidavit along with other witnesses would serve as evidence that there is a significant discrepancy between that which is accepted as an official transcript and what actually transpired. The court's reporter is beholden to the presiding judge and his/her record and testimony cannot be construed as unbiased under such cir***stances. Lesson to all.....have your own reporter there and have witnesses present at the hearing. This will help keep the judge walking the straight and narrow. Instruct your people to be calm and quiet and not to show any familiarity towards you in the courthouse......that way the bastard in black doesnt have any reason to clear the courtroom and conduct a secret star chamber hearing! If these attorneys and judges insist on perverting justice its our duty to destroy their livelihood.....Get everything on record with witnesses and kill them with their own legal sword!

Last edited by Livefire : 05-07-2006 at 07:45 PM.
  #13  
Old 05-07-2006, 07:51 PM
Glenn Glenn is offline
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A friend of mine ask a judge “How do you have jurisdiction over me?”

The judge replied “Because you are in my court.”

Glenn
  #14  
Old 05-07-2006, 08:17 PM
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weishaupt1776 weishaupt1776 is offline
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In Florida Crim Rule 3.170 says a plea can be entered in by the judge if you stand mute or plead evasively

"Judge, I conditionally accept your offer to be my attorney and enter a plea in on my behalf;upon proof of claim that an affidavit challenging jurisdiciton and an objection to jurisdiction is pleading evasively.

upon proof of claim of how a jurisdictional challenge which the prosecution has not controverted can be equated with standing mute."

"upon proof of claim that the prosecution is not the first party who has stood mute by their default which is before this court"
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Last edited by weishaupt1776 : 05-07-2006 at 08:32 PM.
  #15  
Old 05-07-2006, 08:20 PM
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Cool

Quote:
Originally Posted by Glenn
A friend of mine ask a judge “How do you have jurisdiction over me?”

The judge replied “Because you are in my court.”

Glenn


Hey Glenn....

That is prima facie evidence that this particular judge is indeed suffering from megalomania and has a God complex.....Welcome to my universe!!!! Bow or Stand before me as I command and address your petitions as prayers for relief in your pleadings lest I smite thee with contempt and there be none to deliver thee from my terrible wrath!!! Thou shalt have no jursidictional challenges before me.......
  #16  
Old 05-07-2006, 08:47 PM
Glenn Glenn is offline
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Quote:
Originally Posted by Livefire
Hey Glenn....

That is prima facie evidence that this particular judge is indeed suffering from megalomania and has a God complex.....Welcome to my universe!!!! Bow or Stand before me as I command and address your petitions as prayers for relief in your pleadings lest I smite thee with contempt and there be none to deliver thee from my terrible wrath!!! Thou shalt have no jursidictional challenges before me.......

I was not saying it was right, It just happened that way.

That was the only time I ever herd anyone ask.

Glenn
  #17  
Old 05-07-2006, 08:54 PM
HenryBowman
 
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Quote:
Originally Posted by Judge Roy Bean
No one here. You're under the jurisdiction of this court at this moment, how do you plead?

Objection, assumes facts not in evidence.


Quote:
Irrelevant. How does the defendant plead to the charges of __________________?"

Objection again, I have not identified myself as the defendant, and besides, I could not defend against anything unless there were jurisdiction proven to charge me with it first.

I have not heard anyone charge me with any charges. Has my adversary read those charges into the record, or are you entering the office of the executive and charging me with them yourself? Are you judge or prosecutor? (you will be asked to prove up the claim, once an answer is given)


Again, I ask, where is your jurisdiction proven?

Quote:
The court has already ruled on the matter of jurisdiction. How does the defendant plead?"


When did this so-called court rule on the issue? Can this so-called court rule on an issue without a hearing? I order findings of facts and conclusions of law to be published with any so-called ruling on jurisdiction.

Quote:
Does the defendant wish to enter a plea?"

First, who is the defendant?


Quote:
Nonsense. You could end up in jail and wouldn't get the opportunity to offer any such "evidence" until yet another trial.

Notice the repeated threats of jail for asking questions. Kinda takes the pretense of fairness away, huh? [one has to be resolved to see the jail issue through. This alone takes all fear away. When you know that the only thing they have is the threat of jail, it blows down their house of cards.]

Quote:
And do you know who decides which "version" of the transcript is admitted as the final record? Let me give you a clue - it's not you or "your reporter."

Funny, it could be used to show that there is a concerted effort to change the record, and my court reporter is just as duly qualified as the one in the hire of the "court," so it would remain very relevant.

Besides, most traffic courts do not have court reporters, so mine would be the final record, as it would be the only record.

Same way for foreclosure hearings here, mine was the official record.

Last edited by HenryBowman : 05-07-2006 at 08:57 PM.
  #18  
Old 05-07-2006, 08:57 PM
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Livefire Livefire is offline
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Quote:
Originally Posted by Glenn
I was not saying it was right, It just happened that way.

That was the only time I ever herd anyone ask.

Glenn

I know you didnt imply that.....I was being my sarcastic self That example you gave is the mindset of most judges I think.....You are here....therefore I have jurisdiction. They themselves are ignorant of the fact that one can actually challenge jurisdiction. Its presumed on their part.
  #19  
Old 05-09-2006, 11:44 AM
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Judge Roy Bean Judge Roy Bean is offline
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Quote:
Originally Posted by Livefire
I know you didnt imply that.....I was being my sarcastic self That example you gave is the mindset of most judges I think.....You are here....therefore I have jurisdiction. They themselves are ignorant of the fact that one can actually challenge jurisdiction. Its presumed on their part.
The chances of you being in a court that doesn't have jurisdiction are about zero.

You can challenge it all you want. You raise the objection, the Judge rules (in almost every case, against this kind of silliness) and the process moves on. If you don't like the ruling, and you lose your case, that's your alleged "grounds" for an appeal.

Then it's up for you to prevail at the appellate level, and since the appeals courts have seen the same kind of frivolous stuff before, you may have the fun of making the same kind of challenge all over again and being shot down yet again.

But if that's what you enjoy doing, go for it. Only after a few rounds will most courts deem you a vexatious litigant and bar you from any further filings. Some have more patience than others. There are a few, however, that don't suffer fools gladly. You may want to watch their demeanor in court before you wander out into the legal weeds too far and wind up in contempt.
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  #20  
Old 05-09-2006, 11:58 AM
HenryBowman
 
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Since the evidence requested wasn't presented, and I don't see a rebuttal, I figger (North Carolina dialect) I am spozed (again) to claim victory.

Henry Franklin
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