Affidavit Challenging Jurisdiction

[mrg]

Originally Posted by Judge Roy Bean

...it's only your confused version of the truth.

[JUDGE PILATE: What is this truth?]


...knowledgable court...

[oxymoron]

................

[KITCHIE]

JRB,

I do not have to prove who I am. I have simply stated who I am They have to prove I am a "person", a creation of the mind, legal fiction.

[quote=SansRecours]So as not to reiterate, I concur with JRB’s post


;\[quote]The court is part of an administrative agency, and part of an administration. They are NOT criminal, even though the phrase "criminal justice" is used to describe the agency.

In Nevada all traffic violations are criminal.


;[\quote]Administrative agencies operate through administrative procedures. At best we are talking "quasi-criminal" or civil in nature. Although you are right that it doesn’t matter what I think, but what the statutes say, I am correct in my stating that there is no delegation of the prosecutorial function to the agency or officer by the statute you present. I am correct that it is not criminal but administrative.

Not! You are in error. ALL traffic violations are criminal.

;[\quote]Nowhere in the statutes you post do I see any statutory authority given to any officer delegating the prosecutorial investigative function to the police. The ONLY authority they have is to create records in the ordinary course of police business, and arrest.

Nowhere does the statutes you post place any responsibility for commencing an action in the name of the State and/or the People of Nevada on a police officer.

There is a difference between policing, enforcing, making arrests (giving authority to possibly write tickets) and the commencement of an action in the name of the state and/or the people of a state.

Therefore I do not have "misconceived perceptions" My perceptions are accurate based upon the statutes you present.

Yes you have misconceived perceptions. The officer is the complaint and the prosecutor prosecutes the case. The court does NOT answer my affidavit. I don't know where you get the idea that they do. It is the prosecutor who answers the affidavit.

'[\quote]Nevada is no different than any other "state" regarding this statutory construction. Likewise, the courts are no different. Secondly, if the state is really as "corrupt" as you think, do you have experience in other states? What was that outcome?

No I don't have experience in other states. I only started this in 2004. And like I sid before if you think Nevada is no different than any other state...then come on over and try your stuff out and see how far you get.

Our DA **** Gammick threatens judges to find in favor of the state or else. Some county employees threaten judges in open court, other judges make statements that it is either you or me.

You know not of what you speak as it pertains to Nevada.

Kitchie

Kitchie: you folks out west have a strange form of government. As you pointed out to someone else, that they did not know about Nevada, so say the same about me... I don't know either.

So, I went for an e-gallop to the Nevada Legislature in the hopes of reviewing some of their law. I got no further than the front gate, and found a strange obstacle there blocking my way. It appears that there is a sign posted there that explicitly declares that the state of Nevada is one where the People are not in control of the entire government. That sign reads "Nevada Legislature" and then under that is posted "the Peoples branch of government." This would imply that the people have no say in what goes on with the Judicial and Executive branches of government. IMHO.

I don't think I have ever heard of any other state making such a declaration. Anyway, it is obvious that they are not hiding the fact that you folks cannot interfere with the executive and judicial branches.

Of course, this is just taking the notice at face value and offering no private interpretation of what it really means.

Jerry

[Judge Roy Bean]

Originally Posted by KITCHIE

JRB,

I do not have to prove who I am. I have simply stated who I am They have to prove I am a "person", a creation of the mind, legal fiction.

Nonsense. With that goofy approach you're doomed.

Originally Posted by KITCHIE

In Nevada all traffic violations are criminal.

Other than your own re-definitions and translations of the code, what are you citing as the source for that opinion?

Originally Posted by KITCHIE

.....
Our DA **** Gammick threatens judges to find in favor of the state or else.

And your proof of that is what? "Or else" what? If you think a sitting Judge is worried about a DA you're more delusional than we thought or you're simply making stuff up for some other reason.

Originally Posted by KITCHIE

.....Some county employees threaten judges in open court, other judges make statements that it is either you or me.

You know not of what you speak as it pertains to Nevada.

Kitchie

The promotion of this kind of mythology and rumor designed to win people over to an utterly bogus "cause" leads me to consider the possibility that you don't actually have a case at all, and that this entire exercise in story-telling is simply a way to continue promoting the lunacy for some other purpose, as in your hatred for some authority there that has allegedly done something to you.

You're at the ranting stage and if you do really have a case or a viable legal argument buried somewhere in all of this, you're apparently willing to sacrifice yourself to the larger goal of being a martyr for whatever cause is behind this kind of nonsense.

And I guess we have to assume the DA is in really tight control of the local or state media as well, since it doesn't seem to be covering this massive injustice.

[KITCHIE]

You get the picture NOW!!!

So just bring your sorry as%#* here to NEVADA and show me how much you know about NEVADA law and the courts.

And just take a little drive to Wadsworth and have a chat with Jutice of the Peace Grahm and ask him about the county code enforcement officers threatening him to find in favor of the county. Or perhaps you would like to speak with Judge Hal Albright about someone in **** Gammic Office who told Hal it is either sonderfan or your livelyhood.

**** Gammic has just recently lost all of his appeals on his immunity because he acted outside his authority. Now is will be sure in his private capacity. There is currently an FBI investigation on the antics of Washoe county and the State was told by the fed for Washoe county to bring their triffic devices in compliance with the uniform standards of they were pulling the Fed funds.

All citations are criminal!!!!!
NRS 484.799 Citation: Contents; 5-day notice to appear in court; written promise to appear.
1. Whenever a person is halted by a peace officer for any violation of this chapter punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484.793 and 484.795, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the number of his driver’s license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a magistrate, as designated in NRS 484.803.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the traffic citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave his written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave his written promise to appear suffices as proof of service.
(Added to NRS by 1967, 1211; A 1975, 142; 1991, 15; 1999, 1146)

NRS 483.010 Short title. The provisions of NRS 483.010 to 483.630, inclusive, may be cited as the Uniform Motor Vehicle Drivers’ License Act.
[49:190:1941; 1931 NCL § 4442.48]—(NRS A 1969, 537; 1975, 1076; 1977, 1060; 2001, 741; 2005, 1216, 2313)

Penalty NRS 483.620 Violation not declared to be felony is misdemeanor. It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, unless such violation is, by NRS 483.010 to 483.630, inclusive, or other law of this State, declared to be a felony.

NRS 484.778 City may adopt penalties for misdemeanors imposed by NRS 484.3792. The governing body of each city may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 484.3792 for similar offenses under city ordinance.
(Added to NRS by 1981, 1928; A 1989, 598)

3. A local authority shall not enact an ordinance:
4. (c) Providing a penalty for an offense for which the penalty prescribed by this chapter is greater than that imposed for a misdemeanor.

Kitchie

[BOBT12]

Originally Posted by KITCHIE

You get the picture NOW!!!

So just bring your sorry as%#* here to NEVADA and show me how much you know about NEVADA law and the courts.

And just take a little drive to Wadsworth and have a chat with Jutice of the Peace Grahm and ask him about the county code enforcement officers threatening him to find in favor of the county. Or perhaps you would like to speak with Judge Hal Albright about someone in **** Gammic Office who told Hal it is either sonderfan or your livelyhood.

**** Gammic has just recently lost all of his appeals on his immunity because he acted outside his authority. Now is will be sure in his private capacity. There is currently an FBI investigation on the antics of Washoe county and the State was told by the fed for Washoe county to bring their triffic devices in compliance with the uniform standards of they were pulling the Fed funds.

All citations are criminal!!!!!
NRS 484.799 Citation: Contents; 5-day notice to appear in court; written promise to appear.
1. Whenever a person is halted by a peace officer for any violation of this chapter punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484.793 and 484.795, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the number of his driver’s license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a magistrate, as designated in NRS 484.803.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the traffic citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave his written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave his written promise to appear suffices as proof of service.
(Added to NRS by 1967, 1211; A 1975, 142; 1991, 15; 1999, 1146)

NRS 483.010 Short title. The provisions of NRS 483.010 to 483.630, inclusive, may be cited as the Uniform Motor Vehicle Drivers’ License Act.
[49:190:1941; 1931 NCL § 4442.48]—(NRS A 1969, 537; 1975, 1076; 1977, 1060; 2001, 741; 2005, 1216, 2313)

Penalty NRS 483.620 Violation not declared to be felony is misdemeanor. It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, unless such violation is, by NRS 483.010 to 483.630, inclusive, or other law of this State, declared to be a felony.

NRS 484.778 City may adopt penalties for misdemeanors imposed by NRS 484.3792. The governing body of each city may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 484.3792 for similar offenses under city ordinance.
(Added to NRS by 1981, 1928; A 1989, 598)

3. A local authority shall not enact an ordinance:
4. (c) Providing a penalty for an offense for which the penalty prescribed by this chapter is greater than that imposed for a misdemeanor.

Kitchie

Now, that's telling it like it is. Please keep us posted regarding the developments of this situation, if you will.

[SansRecours]

KITCHIE posted statutes to which I comment in bold.

All citations are criminal!!!!!
NRS 484.799 Citation: Contents; 5-day notice to appear in court; written promise to appear.
1. Whenever a person is halted by a peace officer for any violation of this chapter punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484.793 and 484.795, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint (NOT THE SUBSTANCE OF A COMPLAINT) issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person (and HOW CAN A PEACE OFFICER MAKE A FACTUAL DETERMINATION OF THIS WITHOUT RESORTING TO A BUSINESS RECORD AND/OR RELYING UPON HEARSAY??), the state registration number of his vehicle, if any, the number of his driver’s license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed (NOW FIND OUT WHY AND YOU WILL BE ON YOUR WAY) by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
2. The time specified in the notice to appear (OH I THOUGHT IT WAS A CITATION THAT THE STATUTE IS TALKING ABOUT! When did the chameleon change its color?) must be at least 5 days (usually most states give about two weeks to a month, so I will concede that that is oppressive) after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a magistrate (and what is this dude's function, as it will clue you up as to the nature of this so-called "criminal" situation), as designated in NRS 484.803.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the traffic citation (and what does the other copies say or do? see your administrative procedure code. Who has authority to create this citation and why?) prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave his written promise to appear (but it does not say in what capacity one appears). A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave his written promise to appear suffices as proof of service.
(Added to NRS by 1967, 1211; A 1975, 142; 1991, 15; 1999, 1146)

NRS 483.010 Short title. The provisions of NRS 483.010 to 483.630, inclusive, may be cited as the Uniform Motor Vehicle Drivers’ License Act.
[49:190:1941; 1931 NCL § 4442.48]—(NRS A 1969, 537; 1975, 1076; 1977, 1060; 2001, 741; 2005, 1216, 2313)

Penalty NRS 483.620 Violation not declared to be felony is misdemeanor. It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, unless such violation is, by NRS 483.010 to 483.630, inclusive, or other law of this State, declared to be a felony.

OK, Now show me where in Nevada, the people gave a police officer the authority to commence a misdemeanor action in the name of the State of Nevada. They gave him authority to report and to sign his name. It is as plain as the nose which I assume to be on your face (as I have not seen your face, assuming of course ...snicker)

It says he can file a citation with the heading of the State of Nevada, but I again have to repeat myself-

This is a long way from giving a NON-ATTORNEY police officer the authority to commence an action in the name and the authority of the people and/or bind ANY liability upon them.

Since you are the martyr wanna be-living in Nevada YOU do the work and stop defeating yourself before you begin.

YOU look in the statutes- Whose duty is it to prosecute actions in the name of the state? Did the state convey the power of the State and its authority to a non-attorney police officer. Show me, please.

If they did, then I guarantee that there exists court cases challenging that authority, and THAT I want to see.

If you can find this authority it will be the FIRST state where the people have delegated the commencement of a prosecution in the name of the State or its People.

Tell me if there is a case in controversy within the meaning of the constitution if a MISDEMEANOR action commences upon the SIGNATURE of a non-attorney police officer.

EVERYONE that I have legal experience with uses the stumblingblock "you don't live here" or " I live in the most corrupt," as an excuse, including me. Especially since you have NO EXPERIENCE anywhere else.


SansRecours

[squirrel]

Exactly. Where's the Verified complaint !!!!

[idknow]

Originally Posted by Judge Roy Bean

Because it's only your confused version of the truth.


There's nothing new or unique there, nor is there any way to convince a
knowledgable court of such things.

It's simply a rehash of stuff that hasn't worked, and the rumor mill
regeneration of anecdotes keeps those who wish it would work busy arguing that
it will.

Roy, "your statement is non-responsive and there is no rebuttel"

Roy, pls try again and rebut the statements I made.

[KITCHIE]

Ok read this.