For the Record

Ice · #1 10-02-2003, 10:29 PM

While thumbing through "Secrets of the Legal Industry" by R. Cornforth, (offered at suijuris.net downloads -- sounds like a commercial, don't it?), I noticed something that made me stop and think.

Many of you have heard me say that it is imperative to get your facts ON THE RECORD.& And this is done by filing motions, notice, etc.& Also, many of you have heard me&claim that what is spoken in the court room is not what controls the court.

Now, back to the book... on page 24 it states: "Attorneys can't testify.& Statements of counsel in Brief or in oral argument are not facts&before the court."

The above&must be pointed to via judicial notice.

The point is this -- only the PARTIES statements, made under oath, and the PARTIES pleadings, motions, etc., carry any weight.& Counsel is not a&"Party" to the suit.& Making any sense?& The "attorney" can make any arguments that he wants to... it don't mean squat if you have the judge take judicial notice that the attornies oral arguments or statements in Brief are not facts before the court.& This means that if the opposing "Party" remains silent... they may have wasted their money on the "counsel".& The more facts that you enter into the Record, the better for you.& What is the other party entering into the record??... oh wait, they had their "counsel" do that didn't they?

Sucks to be them.

&

Ice · #2 10-02-2003, 10:29 PM

While thumbing through "Secrets of the Legal Industry" by R. Cornforth, (offered at suijuris.net downloads -- sounds like a commercial, don't it?), I noticed something that made me stop and think.

Many of you have heard me say that it is imperative to get your facts ON THE RECORD.& And this is done by filing motions, notice, etc.& Also, many of you have heard me&claim that what is spoken in the court room is not what controls the court.

Now, back to the book... on page 24 it states: "Attorneys can't testify.& Statements of counsel in Brief or in oral argument are not facts&before the court."

The above&must be pointed to via judicial notice.

The point is this -- only the PARTIES statements, made under oath, and the PARTIES pleadings, motions, etc., carry any weight.& Counsel is not a&"Party" to the suit.& Making any sense?& The "attorney" can make any arguments that he wants to... it don't mean squat if you have the judge take judicial notice that the attornies oral arguments or statements in Brief are not facts before the court.& This means that if the opposing "Party" remains silent... they may have wasted their money on the "counsel".& The more facts that you enter into the Record, the better for you.& What is the other party entering into the record??... oh wait, they had their "counsel" do that didn't they?

Sucks to be them.

&

suijuris · #3 10-02-2003, 10:39 PM

Ice, you are right. It does suck to be them, and it sucks even worse when we know nice little tactics like this.

If counsel represents a party in their absense, and they do not make sufficient pleadings, should be a default judgement in our favor, right?

suijuris · #4 10-02-2003, 10:39 PM

Ice, you are right. It does suck to be them, and it sucks even worse when we know nice little tactics like this.

If counsel represents a party in their absense, and they do not make sufficient pleadings, should be a default judgement in our favor, right?

Jerseee · #5 10-02-2003, 10:41 PM

Way to support your statement Ice!

It cannot get any clearer than that!& Also, members should take note that when you are giving written notice--form is irrelevant, only substance matters!& But I always recommend study (group or individual).

Great post Ice!!!!

Jerseee · #6 10-02-2003, 10:41 PM

Way to support your statement Ice!

It cannot get any clearer than that!& Also, members should take note that when you are giving written notice--form is irrelevant, only substance matters!& But I always recommend study (group or individual).

Great post Ice!!!!

Ice · #7 10-03-2003, 12:58 AM

Another thought, while I'm on the subject of "counsel"...

Isn't it true that we are provided with the opportunity to have "ASSISTANCE" OF COUNSEL?& So, where do these attorney types get off "running the show"??

It might be nice to have someone that knows the ropes helping ya out.& But the PARTIES must do their own thing.& No one can, or&should,&do it for them.

&

Ice · #8 10-03-2003, 12:58 AM

Another thought, while I'm on the subject of "counsel"...

Isn't it true that we are provided with the opportunity to have "ASSISTANCE" OF COUNSEL?& So, where do these attorney types get off "running the show"??

It might be nice to have someone that knows the ropes helping ya out.& But the PARTIES must do their own thing.& No one can, or&should,&do it for them.

&

#9 10-04-2003, 09:08 PM

I read what you had to say Ice, about getting motions, affidavits, etc., filed.& Problem is, when you send your motions into the District Clerk of Records for the 42ND DISTRICT COURT, COLEMAN, TEXAS ... and they do not get on the record.

In fact;& the Clerk admitted she received them (I sent them certified with PS Form 3811 anyways), and she was told by the Judge to not file them.& I sent a Memorandum/Affidavit&for Dismissal for Subject Matter Jurisdiction, and Jurisdiction, 1 - for Jurisdiction, lack of Due Process, Procedures, etc., and one Memorandum/Affidavit for Continuance for observance of a holy day (Art. 29.01 of the Texas Criminal Procedure Code) ... the Judge (third time& I been before him) came out with a big speal about how I never come& into his bar, and claim&a lot of things that hold no grounds in his court ... and how I don't even give him respect enough to stand in front of him (which I abruptly appologized and said, Your Honor ... Forgive me, I choose to stand up now.)

The DA was asked if he was ready for this Case ... the only words the DA ever spoke was, "yes sir your Honor."& The whole time afterwards this guy sat with a love sick look on his face just looking deeply into the Judges eyes.& This was a Pre-Trial (which was set after the court date ...) and the Judge just wanted me to come back for jury trial (which I heard over 60 miles away from different individuals that the Court wants to hang me and can't wait for me to& appear before the jury ... said I am going up the river for a long time).& I objected and said that according to Art. 28.01 of the above mentioned code, that it states a Pre-trial may (must) be set first and upon the merits, a trial is to be set.& So, the Judge asked me what the merits were.

Now, I had the whole outline (prepaired for this day) of what needed to be said ... the Judge would not allow me to read anything on the record ... wanted a quick outline, I asked if he was rushing justice/judgment ... he told me no, but wanted it to be in shorter format as my memorandums& were wordy.& I mentioned that there were no enacting clauses on the law I was accused of breaking, between the title and the body of the law and& it was null and void.& The& DA did not object ... just sat there with love in his eyes toward his god on the bench, the Judge said, "dismissed!"& I objected, he dismissed my objection ... I objected to his dismissing my objection of his dismissal ...

This& was the case for everything I stated ... and of course, my memorandums were not filed anyways ... and when I got to the religious festival that I am entitled to keep, and had the memorandum/affidavit filed correctly ... the Judge told me that It was for jurors ... not Defendants, as DEFENDANTS HAVE NO RIGHTS.& I was told to be there on October 13th, 2003, I said I would rather be dead than to miss a feast wherein our Creator, Yahweh& gave me personal invitation, a contract that I must not breach and I would not appear before a mere man for any reason ... I would be keeping the feast.& I told him that he had a memorandum/affidavit properly filled out, and he said it was dismissed ... we did the object and dismiss thing again, so, I demanded the question be certified ... he dismissed it (DA really getting excited to see such power& displayed ... never saying a& word) ... he dismissed my motion for my question being certified ... I did the objection thing again and again ... so, he asked if I was coming to trial on the 13th of October& again.& I told him there would be no trial ... no trial& allowed if everything I enter as a& defense was to just be thrown out ... I told him the only thing was missing here today was the damn rope!& He asked if I would be there again ...

This went on a few times ... so, I told him that I wanted to clarify my statement.& ABSOLUTELY NOT, your Honor ... I will not break faith with Yahweh our& Heavenly Father for any reason in heaven or hell, I& will not sin& willfully for you or anybody else.& So, he revoked my bond (original bail was for $1,500) and set bail on me for $50,000.00 and with instruction to not let me out until the day of court ... as I was a risk.

The Bailiff came out, there were blue uniformed cops comong from behind me, tan uniformed sheriffs and a game warden, plain clothed cops or agents with guns ... a whole bunch of em in a County Courtroom with a population of around 10,000 in the City I think ... the courtroom is in a 2 story building ... and I told the Bailiff and all those law enforcement officials, Hey ... you don't have to do what that man just told you to do as it is not constitutional, in fact it is of an unlawful nature and is non/un-constitutional and if you do choose to do as this Tyrant has instructed you do it by your own free choice and you are doing so on your own liability as you are not acting in your elected/appointed office.

Bailiff told me to get going ... After I got naked and some guy made sure I wasn't packing something (litterally) the Judge called back for me.& It appears that the Judge was dancing a jig in the courtroom& soon as I& was removed, and the DA sat still with stars in his little eyes watching his god jig all the way to his office ... where he made a phone call to boast of all the memorandums/affidavits he just threw out without letting subject matter jurisdiction or jurisdiction be set ... and how I wanted to keep& some& feast and he even threw it out ... his& jaw dropped and he walked like a convicted man back to his chair.& I think Donny-Joe (you talked with him recently) left before he came out& again ... but;& Donny-Joe& saw him dancing after the arrest.

The Judge tells me ... Mr. Hawkins ... Yes your Honor ... It appears we made a big mistake ... Yes your Honor, indeed you did ...

I walked out a free man for the time being, and the so called trial is& set for December 8th ... funny thing is, the Judge picked me up while I was walking home in the rain ... and& gave me a ride for about a mile or two, when I thanked him and went a different direction.& He tried to get me to take an umbrella ... I refused and said it was a liability I could not take on, as if it got damaged ... I would have no money to pay for it, I& could not accept the liability,& however;& there are beings all around us Judge that heard your offer of kindness ... and they will make due note of it ... besides, can you think of a better day to be walking???

Point is ... Memorandums, Affidavits, Conditional Acceptances (contracts), etc., can only do benefit ... if& the crooked suckers allow it to be placed in the file, eh? :roll: :roll: 8O

#10 10-04-2003, 09:08 PM

I read what you had to say Ice, about getting motions, affidavits, etc., filed.& Problem is, when you send your motions into the District Clerk of Records for the 42ND DISTRICT COURT, COLEMAN, TEXAS ... and they do not get on the record.

In fact;& the Clerk admitted she received them (I sent them certified with PS Form 3811 anyways), and she was told by the Judge to not file them.& I sent a Memorandum/Affidavit&for Dismissal for Subject Matter Jurisdiction, and Jurisdiction, 1 - for Jurisdiction, lack of Due Process, Procedures, etc., and one Memorandum/Affidavit for Continuance for observance of a holy day (Art. 29.01 of the Texas Criminal Procedure Code) ... the Judge (third time& I been before him) came out with a big speal about how I never come& into his bar, and claim&a lot of things that hold no grounds in his court ... and how I don't even give him respect enough to stand in front of him (which I abruptly appologized and said, Your Honor ... Forgive me, I choose to stand up now.)

The DA was asked if he was ready for this Case ... the only words the DA ever spoke was, "yes sir your Honor."& The whole time afterwards this guy sat with a love sick look on his face just looking deeply into the Judges eyes.& This was a Pre-Trial (which was set after the court date ...) and the Judge just wanted me to come back for jury trial (which I heard over 60 miles away from different individuals that the Court wants to hang me and can't wait for me to& appear before the jury ... said I am going up the river for a long time).& I objected and said that according to Art. 28.01 of the above mentioned code, that it states a Pre-trial may (must) be set first and upon the merits, a trial is to be set.& So, the Judge asked me what the merits were.

Now, I had the whole outline (prepaired for this day) of what needed to be said ... the Judge would not allow me to read anything on the record ... wanted a quick outline, I asked if he was rushing justice/judgment ... he told me no, but wanted it to be in shorter format as my memorandums& were wordy.& I mentioned that there were no enacting clauses on the law I was accused of breaking, between the title and the body of the law and& it was null and void.& The& DA did not object ... just sat there with love in his eyes toward his god on the bench, the Judge said, "dismissed!"& I objected, he dismissed my objection ... I objected to his dismissing my objection of his dismissal ...

This& was the case for everything I stated ... and of course, my memorandums were not filed anyways ... and when I got to the religious festival that I am entitled to keep, and had the memorandum/affidavit filed correctly ... the Judge told me that It was for jurors ... not Defendants, as DEFENDANTS HAVE NO RIGHTS.& I was told to be there on October 13th, 2003, I said I would rather be dead than to miss a feast wherein our Creator, Yahweh& gave me personal invitation, a contract that I must not breach and I would not appear before a mere man for any reason ... I would be keeping the feast.& I told him that he had a memorandum/affidavit properly filled out, and he said it was dismissed ... we did the object and dismiss thing again, so, I demanded the question be certified ... he dismissed it (DA really getting excited to see such power& displayed ... never saying a& word) ... he dismissed my motion for my question being certified ... I did the objection thing again and again ... so, he asked if I was coming to trial on the 13th of October& again.& I told him there would be no trial ... no trial& allowed if everything I enter as a& defense was to just be thrown out ... I told him the only thing was missing here today was the damn rope!& He asked if I would be there again ...

This went on a few times ... so, I told him that I wanted to clarify my statement.& ABSOLUTELY NOT, your Honor ... I will not break faith with Yahweh our& Heavenly Father for any reason in heaven or hell, I& will not sin& willfully for you or anybody else.& So, he revoked my bond (original bail was for $1,500) and set bail on me for $50,000.00 and with instruction to not let me out until the day of court ... as I was a risk.

The Bailiff came out, there were blue uniformed cops comong from behind me, tan uniformed sheriffs and a game warden, plain clothed cops or agents with guns ... a whole bunch of em in a County Courtroom with a population of around 10,000 in the City I think ... the courtroom is in a 2 story building ... and I told the Bailiff and all those law enforcement officials, Hey ... you don't have to do what that man just told you to do as it is not constitutional, in fact it is of an unlawful nature and is non/un-constitutional and if you do choose to do as this Tyrant has instructed you do it by your own free choice and you are doing so on your own liability as you are not acting in your elected/appointed office.

Bailiff told me to get going ... After I got naked and some guy made sure I wasn't packing something (litterally) the Judge called back for me.& It appears that the Judge was dancing a jig in the courtroom& soon as I& was removed, and the DA sat still with stars in his little eyes watching his god jig all the way to his office ... where he made a phone call to boast of all the memorandums/affidavits he just threw out without letting subject matter jurisdiction or jurisdiction be set ... and how I wanted to keep& some& feast and he even threw it out ... his& jaw dropped and he walked like a convicted man back to his chair.& I think Donny-Joe (you talked with him recently) left before he came out& again ... but;& Donny-Joe& saw him dancing after the arrest.

The Judge tells me ... Mr. Hawkins ... Yes your Honor ... It appears we made a big mistake ... Yes your Honor, indeed you did ...

I walked out a free man for the time being, and the so called trial is& set for December 8th ... funny thing is, the Judge picked me up while I was walking home in the rain ... and& gave me a ride for about a mile or two, when I thanked him and went a different direction.& He tried to get me to take an umbrella ... I refused and said it was a liability I could not take on, as if it got damaged ... I would have no money to pay for it, I& could not accept the liability,& however;& there are beings all around us Judge that heard your offer of kindness ... and they will make due note of it ... besides, can you think of a better day to be walking???

Point is ... Memorandums, Affidavits, Conditional Acceptances (contracts), etc., can only do benefit ... if& the crooked suckers allow it to be placed in the file, eh? :roll: :roll: 8O