David Merrill's favorite suitor anecdote

[David Merrill]

This "trial" took place over half a year so most Readers may not have the full story.

A couple were violated for building a cabin in the mountains and living in it. It was on their own land and the county code officials visited and cited them for not getting the suppressive regulatory permits from the county before building. This land is located near a mountain gambling town that is rapidly expanding and the report is that over 150 landowners there are in the kind of trouble as this couple - mainly to secure claim to the outlying acreage before it is on the city limit.

The couple floundered with Internet and local gurus and were soon fully arraigned, in the wife's legal name on the case, before they were told about me and success stories with similar matters. So we immediately drafted a Libel of Review (incorporating Verified Statement of Right and Interest) in admiralty establishing the US "exclusive original cognizance" of all seizures on land and the identities of the couple living on the land (true names and geophysical coordinates).

Now the man and woman were appearing restricted by ministerial right. Only express contracts had jurisdiction. Of course the county court judge called the whole LoR and VSoRI "Gobbly Gook" and pleaded for the woman to go get proper legal advice.

Then something nearly miraculous happened. It was a holiday weekend before trial first thing Tuesday morning. Suddenly the prosecutor remembered that the judge would require they try settling this matter out of court. So a plea bargain was offered but the woman was working out of town and the husband went to pick up the proposed agreement. That was the miracle; avoiding the time pressure to sign the agreement - to avoid all the badgering "or else" pressure.

They had me over on Saturday night for a delicious dinner. I reminded them the contract presentment was only a proposal. So the woman struckthrough all the offensive verbiage like admitting to guilt and it was right there on the presentment that she would be subjecting herself to the jurisdiction of the county court! Well that would supposedly be done at arraignment now? That is key. Arraignment is an answer from the defendant. The defendant is always in control of arraignment proceedings until the attorney at the bench illegally takes power of attorney over the defendant.

[Important sidebar: I advised her to get the attorney-in-the-black-robe to state his attorney Registration # on the record. The attorney even explained that being an attorney was required by the State to sit at the bench! This established conflict of interest (recusal) which will come up later in this anecdote.]

As far as trial was concerned, the last thing on the record from her was always that the county court had no jurisdiction; therefore she would not be preparing for any trial.

Back to the R4C (Refusal for Cause). She had already Refused for Cause the matter in federal cognizance with the Libel of Review which was ignored because she (wisely) continued to appear in county court. So the plea bargain was acceptance with novation. She picked up a $96 money order and (Registered Mail to the prosecutor?) hand filed the novation at the county clerk and recorder (8:00 AM) minutes before trial (8:30 AM). I think that she filed the registered mailing and then mailed it after the trial was postponed. [Refiling proof of the Registered Mailing in the county court afterward.] Anyway, the trial was postponed for more important matters before the court.

A week later she got a call from the prosecutor saying they could not accept the plea bargain with all the changes and that the $96 was to go to the clerk of county court anyway, so they would be sending that back to her (Refused for Cause) Certified Mail. Never happened.

In about six weeks she got a call on her cell phone while working from the judge (ex parte). The judge wanted to know if they had struck up an agreement? She felt ambushed by the call because she did not have time to consult me so she only informed him the prosecutor had never returned the money order and not to ever call her - keep everything in writing. [Wise of her but I think if she would have confirmed the prosecutor's acceptance as an agreement, the judge may have called off the upcoming trial.]

The trial day came and went and having an out of court agreement in place, she did not show. She heard there was an arrest warrant so she went through a painless (except $1K bond) booking process and listened to the judge lecture her about wasting the jury's time and trouble. A new trial date was set and she reminded the judge that since the county court had no jurisdiction (no arraignment) she would not be preparing for a trial.

A couple weeks prior to the final trial day she received a letter informing her that that judge was recusing himself for unspecified conflict of interest (see the sidebar above). But he was certain a substitute judge would be coming up to the mountains for the trial.

Sure enough, a judge drove up for the trial. He looked things over and made certain everybody knew he was in charge of deciding whether or not any agreement had been reached. An agreement had been reached months before - 72 hours after the prosecutor had received the $96 money order in acquiescence!

The couple, like a lot of folks do not feel they can afford to go to jail. Especially for living life free and as they see fit, so long as they tread not upon others. So like many people, the idealistic and invigorating campaign to help the 150 neighbors being attacked or otherwise publish the success has waned and they have returned to living the quiet life of working hard and enjoying the entire thing.



Regards,

David Merrill.

[idknow]

Originally Posted by David Merrill

This "trial" took place over half a year so most Readers may not have the full story.

A couple were violated for building a cabin in the mountains and living in it. It was on their own land and the county code officials visited and cited them for not getting the suppressive regulatory permits from the county before building. This land is located near a mountain gambling town that is rapidly expanding and the report is that over 150 landowners there are in the kind of trouble as this couple - mainly to secure claim to the outlying acreage before it is on the city limit.

The couple floundered with Internet and local gurus and were soon fully arraigned, in the wife's legal name on the case, before they were told about me and success stories with similar matters. So we immediately drafted a Libel of Review (incorporating Verified Statement of Right and Interest) in admiralty establishing the US "exclusive original cognizance" of all seizures on land and the identities of the couple living on the land (true names and geophysical coordinates).

Now the man and woman were appearing restricted by ministerial right. Only express contracts had jurisdiction. Of course the county court judge called the whole LoR and VSoRI "Gobbly Gook" and pleaded for the woman to go get proper legal advice.

Then something nearly miraculous happened. It was a holiday weekend before trial first thing Tuesday morning. Suddenly the prosecutor remembered that the judge would require they try settling this matter out of court. So a plea bargain was offered but the woman was working out of town and the husband went to pick up the proposed agreement. That was the miracle; avoiding the time pressure to sign the agreement - to avoid all the badgering "or else" pressure.

They had me over on Saturday night for a delicious dinner. I reminded them the contract presentment was only a proposal. So the woman struckthrough all the offensive verbiage like admitting to guilt and it was right there on the presentment that she would be subjecting herself to the jurisdiction of the county court! Well that would supposedly be done at arraignment now? That is key. Arraignment is an answer from the defendant. The defendant is always in control of arraignment proceedings until the attorney at the bench illegally takes power of attorney over the defendant.

[Important sidebar: I advised her to get the attorney-in-the-black-robe to state his attorney Registration # on the record. The attorney even explained that being an attorney was required by the State to sit at the bench! This established conflict of interest (recusal) which will come up later in this anecdote.]

As far as trial was concerned, the last thing on the record from her was always that the county court had no jurisdiction; therefore she would not be preparing for any trial.

Back to the R4C (Refusal for Cause). She had already Refused for Cause the matter in federal cognizance with the Libel of Review which was ignored because she (wisely) continued to appear in county court. So the plea bargain was acceptance with novation. She picked up a $96 money order and (Registered Mail to the prosecutor?) hand filed the novation at the county clerk and recorder (8:00 AM) minutes before trial (8:30 AM). I think that she filed the registered mailing and then mailed it after the trial was postponed. [Refiling proof of the Registered Mailing in the county court afterward.] Anyway, the trial was postponed for more important matters before the court.

A week later she got a call from the prosecutor saying they could not accept the plea bargain with all the changes and that the $96 was to go to the clerk of county court anyway, so they would be sending that back to her (Refused for Cause) Certified Mail. Never happened.

In about six weeks she got a call on her cell phone while working from the judge (ex parte). The judge wanted to know if they had struck up an agreement? She felt ambushed by the call because she did not have time to consult me so she only informed him the prosecutor had never returned the money order and not to ever call her - keep everything in writing. [Wise of her but I think if she would have confirmed the prosecutor's acceptance as an agreement, the judge may have called off the upcoming trial.]

The trial day came and went and having an out of court agreement in place, she did not show. She heard there was an arrest warrant so she went through a painless (except $1K bond) booking process and listened to the judge lecture her about wasting the jury's time and trouble. A new trial date was set and she reminded the judge that since the county court had no jurisdiction (no arraignment) she would not be preparing for a trial.

A couple weeks prior to the final trial day she received a letter informing her that that judge was recusing himself for unspecified conflict of interest (see the sidebar above). But he was certain a substitute judge would be coming up to the mountains for the trial.

Sure enough, a judge drove up for the trial. He looked things over and made certain everybody knew he was in charge of deciding whether or not any agreement had been reached. An agreement had been reached months before - 72 hours after the prosecutor had received the $96 money order in acquiescence!

The couple, like a lot of folks do not feel they can afford to go to jail. Especially for living life free and as they see fit, so long as they tread not upon others. So like many people, the idealistic and invigorating campaign to help the 150 neighbors being attacked or otherwise publish the success has waned and they have returned to living the quiet life of working hard and enjoying the entire thing.



Regards,

David Merrill.

wow cool and mayhaps you can fill in the spaces?

[David Merrill]

Originally Posted by idknow

wow cool and mayhaps you can fill in the spaces?

Thanks! I thought I was filling in the spaces. I blurted about the trial day and some people wanted the whole story again. So I told it here.

Actually what happened was there is a fellow who has been trying to get his IMF without any success. AndyK/ObviousMan on Quatloos boasted how easy it is to get one's IMF a while back. So I spent some time over there trying to get that information - for AndyK to repeat it for me.

Judge Roy Bean got on a narrative about how I lie and make up all these anecdotes about suitors. And I figured this success story would upset him a bit.

I think one space I may have left unfilled though is the importance of the Libel of Review in federal court. Without that judgment in place she would have just been another person subject to the jurisdiction. The plea bargain would have had no voluntary or optional properties.



Regards,

David Merrill.

[mikah2k]

Originally Posted by David Merrill

I think one space I may have left unfilled though is the importance of the Libel of Review in federal court. Without that judgment in place she would have just been another person subject to the jurisdiction. The plea bargain would have had no voluntary or optional properties.

David, are you expressing that the ONLY way to avoid being "another person subject to the jurisdiction" is to have Libel of Review in federal court?

[David Merrill]

Originally Posted by mikah2k

David, are you expressing that the ONLY way to avoid being "another person subject to the jurisdiction" is to have Libel of Review in federal court?

The only way is to have a proper expression of your identity in the "exclusive original cognizance" of the US. It came down to the actual trial day for the prosecution/judge to admit the whole thing was a bluff. There is no saying for sure but without the LoR refusing for cause the matter as contract, I doubt things would have gone so well.


Regards,

David Merrill.

[redy2fiyt]

David,

What is a libel of Review? There is not much information on it on the internet.

[David Merrill]

Originally Posted by redy2fiyt

David,

What is a libel of Review? There is not much information on it on the internet.

attached...

[mystic one]

what would have happened if she didnt appear in court. since she did the original cognizance refusal/libel, what was the point of her showing up in court restricted appearance, i thought the whole point was not to open the presentment to begin with and not to appear.. i suppose i would need more details, to determine why she appeared to begin with, david?

[mystic one]

david, your not a propopent of motions and appearing in court. so if thats not her name, why didnt she just refuse to appear, refusal for cause in a timely fashion.

She cured remedy in the court, was she just doing this out of her own personal preference?

There was no obligation for her to appear with the proper refusal procedure.. So why all the fuss and worry about a bench warrant?

[mystic one]

Back to the R4C (Refusal for Cause). She had already Refused for Cause the matter in federal cognizance with the Libel of Review which was ignored because she (wisely) continued to appear in county court. So the plea bargain was acceptance with novation. She picked up a $96 money order and (Registered Mail to the prosecutor?) hand filed the novation at the county clerk and recorder (8:00 AM) minutes before trial (8:30 AM). I think that she filed the registered mailing and then mailed it after the trial was postponed. [Refiling proof of the Registered Mailing in the county court afterward.] Anyway, the trial was postponed for more important matters before the court.

Ok, it was ignored, but what was so wise about appearing in court? This contradicts what you talk about david........Why would she appear in court and combine this with the refusal for cause procedure..... Can you mix procress like this to cure defect?? Sounds convuluted being that your so against appearing??