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Old 03-14-2005, 08:57 PM
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scottinalaska scottinalaska is offline
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from 90 days to let's just dismiss!

Well friends,
I had my day in court this morning for having an expired DL more than a year.
As you may recall, the "deputy Magistrate" from last week would neither accept nor reject my plea for dismissal. She didn't even want to hear my questions that start out with, "Am I entitled to know the nature and cause of the charges and proceedings against me?"(she had heard the series of questions two weeks before when she clerked for the "evil" magistrate), so she told me to come back on Monday when the DA was there. You know, Pilot couldn't get jurisdiction, so he sent Him to Herod!
But if found guilty, she told me I would be fined 500 dollars and spend 90 days in jail. This made for a hard week and weekend with the family. One MUST go for broke when this is the consequence of submission or loss(sometimes the same thing).

Low and behold, the same "evil" magistrate who sent her henchman after me the first time 3 weeks ago was back again WITH the DA this morning.
The Magistrate asked how I'd like to plea and I told her I was requesting a dismissal as instructed TO the D.A.
I couldn't spit out a sentence without her correcting me. My wife and friend in attendance said that she most definitely does NOT like you!
The DA asked if I had a current license. I did (sometimes one has to function OUTside the graybar hotel) and showed it to her. That gave her her out and she DISMISSED the "Special Case Misdemeanor" that carried the 90 days in jail!
No fine, no jail time, no record.
The magistrate was quick to point out in three different phrasings that my ORIGINAL charges were still there and don't even think you're free yet!
Of course, now we are into three weeks after I submitted my motions to be ruled on referring to how the Magistrate was unresponsive and I needed some answers first before I could plea or even consider trial.
QUESTION: How long is long enough to respond to motions?

Thank you for your prayers. Our God is a good God.
Now for a great twist. Yesterday at church we had a guest speaker. His daughter is the fiancee of the trooper who arrested me 3 weeks ago. He is sitting 4 rows back from me. I am facing him because I lead worship with the full band! I kind of felt akward, but realized that maybe he felt more akward than me! I shook his hand after church and thanked him for coming. He said pretty much nothing.
The sermon? Luke 18:2, the judge who didn't fear God and hated men, and would not give justice to even the widow. No, I am not kidding. The preacher asked if that would be possible in a small town like ours. The trooper(not in uniform of course) got up to take a pee at that point. Just left his fiancee there, redfaced and flustered.
God's ways are sometimes humorous I think.
scott
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  #2  
Old 03-14-2005, 09:40 PM
HenryBowman
 
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Scott,

AWESOME STORY! Way to GO!!!!!


Yep, God is funny.


When I submit a motion, it will usually sit in "neverland" unless I also submit a calendar request for it to be heard.

Getting ones motions heard depends on ones aggressiveness to get them heard.

Boy, have I learned this if I haven't "lurnd" nothing else.

HB
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  #3  
Old 03-14-2005, 09:43 PM
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weishaupt1776 weishaupt1776 is offline
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Scott, Glory Be To YHWY. Halleluja!

Man, He sure knows how to turn those midnights into days, doesn't He?

Congratulations to you for hanging in there & fearing God more than fearing mammon.
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Old 03-14-2005, 09:55 PM
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scottinalaska scottinalaska is offline
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motions

Can I give ten days to answer these motions or dismiss?
s
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  #5  
Old 03-14-2005, 11:02 PM
HenryBowman
 
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Quote:
Originally Posted by scottinalaska
Can I give ten days to answer these motions or dismiss?
s


What did you ask for in the motions?

Motions move the court to do something, but they won't unless it's calendared (brought to their attention). Courts are inherently lazy.

Why not just motion to dismiss for want of subject matter jurisdiction?

Is there evidence of a complaining party?

Whatever you do, calendar your motions. That is a must do.
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Old 03-15-2005, 07:01 AM
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KaosTheory KaosTheory is offline
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Way to go Scott. Is the wife feeling any better now?

What ever happened to the newspaper guy?
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Old 03-15-2005, 08:46 PM
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Vincenzo Vincenzo is offline
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Thumbs up from 90 day to 0

You did a great job Scott...
Most of all you kept GOD first, over family and friends, as Job did and he lost more than you ever will...One with GOD is the majority, thou a thousand stand against him. Remember... Its GOD in Christ in You and your responcibility is to let HIS light shine. I think you can ask of this Judge anything You want at this point and she'll grant it, she just wants you outta there.... Have a Nice Evening ...tell the wife I think you should fight tyranny more and less as hobby.....Vincenzo
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Old 03-15-2005, 11:07 PM
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scottinalaska scottinalaska is offline
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HB, the motions were for the court to recuse the judge(that has been granted!)
another was to compel the court to identify itself, motion to continue, motion to dismiss, motion to protect and observe rights, and motion to strike the pleading made by the judge. If it never gets calendared, HB, does this mean it never gets heard and I can just let it drop off forever? I really look forward to seeing this in trial form, but can live without it too.
KT, yes my wife is relieved. Life seems so much better now. It is like the first day of summer when you were a kid. You woke up and thought, "The whole world is before me. What will I do today?"
Newspaper guy didn't show, but is now more interested in noting this interesting sheepsheering operation than publishing Trooper Reports!
Vincenzo,
Thanks for your kind words. Perhaps this tyranny thing IS becoming more than a hobby.
I am looking for Samuel Adams FULL speech containing the "animated contest of freedom" commonly quoted part. Anyone know where to get it? My daughter is going to memorize it for "History Night" at the school next month.
scottinalaska
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  #9  
Old 03-15-2005, 11:22 PM
HenryBowman
 
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Quote:
Originally Posted by scottinalaska
HB, the motions were for the court to recuse the judge(that has been granted!)
another was to compel the court to identify itself, motion to continue, motion to dismiss, motion to protect and observe rights, and motion to strike the pleading made by the judge. If it never gets calendared, HB, does this mean it never gets heard and I can just let it drop off forever? I really look forward to seeing this in trial form, but can live without it too.

I can only comment on my experience. In NC, you have to calendar your motions or anything else to have them put in front of a "judge" (cough).

I currently have a motion entered that I have not calendared, because situations related to that motion have changed. For me to withdraw that motion would be detrimental, as the adversary could use that against me (it is a motion for Temporary Restraining Order, and here, if you withdraw that, it admits that there is no basis, thus opening yourself up to sanctions)

So I am just letting it remain in the file, without calendaring it.

I may have to calendar it at a later date if the situation changes again to where I need that motion to proceed.

Hope this helps.

Look at your local rules, and your Rules of Civil Procedure.

A call to a clerk (a couple counties over, since you are a known criminal Just kidding) might help you in ascertaining how to calendar your motions for hearing.

You can remain anonymous when calling the clerks office.

We are all criminals in their eyes, and vice versa, huh?

HB
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Old 03-16-2005, 12:01 AM
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Vincenzo Vincenzo is offline
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Try the http://tlcdiscovery.com the learning channel search Samuel Adams I got 12 items hope this helps...
p.s Let me know if it was what you wanted....Vincenzo
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