7697 version 1.004 Lawyerdude1989@yahoo.com 888 476 8954
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Table of Contents of Lawyerdude’s book:
Multiple Choice: In your case now before the court which TV show should you use as the paradigm, the model on which to base your defense ?
A. "Law and Order." B. "Famous Negroes with California Lawyers" 1
Lesson: Always demand the O. J. standard and Lawyerdude standard #5635 ! . .1
It may be merely Malum Prohibitum! Malum Prohibitum is the arena of the police state!1
Subdocument #7434 : What I need from you in order for me to win your case: 7
How to Get Started Working with Lawyerdude . .7
police reports . .7
Chronology .7
List of Players. 7
Police reports . .7
Money. You can use your debit/ credit card . .7
How to Use this book: .7
People Just Want Good Court Papers! If only I had somebody to write this for me! Well now you do!7
Brief Autobiography of Attorney Douglas Palaschak . .7
Here is the flow chart for the Lawyerdude Pre-trial Paradigm. . .8
Loser Flow Chart: Don't do this. This is the Public Defender Paradigm 9
About the title. Our age in time .9
The key elements to winning your case before trial are . .9
Dedications: To 2 superb teachers: Sherwood Jackson and Professor David Harrell. .9
Dedications: To Roger Sutton who gave me the name "Lawyerdude" 10
The Reason for this book: Ron Fox. Sending briefs by internet to the jail law library.10
Tell me what you need from this book. . 10
Fifty states conspire to control your driving by a driver license: One gives you a passport that the others honor.10
Fifty states conspire to control lawyering by a lawyer license: One gives you a passport that the others honor.10
Licenses and Permits 101 . 10
There are 2 aspects to any permit. Use them to analyze and win. 10
Instruments of Oppression: Printing press licenses, driver licenses, bar license as proxy for laser printer license. The Bar License and the Driver License: Instruments of Oppression 11
Subdocument 8205 12/14/06. http://www.lawyerdude.netfirms.com/8205.html
Main Discussion of Malum Prohibitum Crimes, Non-mens re crimes, inchoate offenses, crimes of contraband possession: . . 12
There are two elements in every crime: 1 the act; 2 the evil intent. We punish people for doing what they know is wrong. Malum Prohibitum crimes eliminate the 2nd element. Malum Prohibitum law punish a person even though he intended no wrong 12
Unconstitutional Elimination of Mens Re: Sexual Battery . 12
If you have to ask then it should not be a crime . . 12
Malum Prohibitum includes: License laws, drug laws, sex laws, driving laws. 13
Malum Prohibitum laws are often forced on the state legislature by the federal legislature.13
Malum Prohibitum crimes are also "victimless crimes"; the state has grown up and wants to control you.13
The entire range of malum prohibitum crimes of possession is new and wrong. 13
In the realm of Malum Prohibitum the police can use decoys because there is no actual harm13
Inchoate offenses include attempt, conspiracy, and solicitation - and, says Lawyerdude, all malum prohibitum crimes. . 13
We could and should eradicate the statutes that defined malum prohibitum crimes; we could start by eradicating the statutes that define doubly inchoate crimes . 14
Deadwood, South Dakota in 1876 had no laws; they flourished. They tried their murderers.14
Lawyerdude's Catechism . . 14
Issue #1: Liberality in dealing with Pro Se litigants: . 18
"Pro Se Litigants pleadings are to be construed liberally and held to less stringent standards than lawyers" Haines v Kerner, Warden of Illinois State Penitentiary at Menard (1972) www.lawyerdude.s5.com/haines.html 404 US 519 (1972)
. 19
Issue #2: Absence of jurisdiction and other Administrative arguments: 20
News Flash. The Judge usually does not know this stuff! 20
The written motion is powerful. It is your record to the court of appeal - but that won't be needed.20
Note: Motions herein have been collapsed to fit into this book . 21
Courts of Mass Production, Justice Court, Evictions, Family Law, and Commissioners.21
Actual Winning Motion #7936. Dead Bang Winner motion overturning a Writ of Eviction !21
Actual winning motion to Sheriff Deputy. Document #7938. Request to delay/ stop eviction.24
The bailiff refused to permit the tenant to enter the courtroom! . . 24
Kernel of a motion to compel the appointed lawyer to come up with a plan, write motions or immediately withdraw.25
Lawyerdude standard #5635. Version 1.02 Tell your Public Defender How to do his job!25
Motion to Quash for Lack of a Prosecutor - Not in the Code. . . 27
Motion to Quash is a Concept of Civil Procedure. . . 27
All Criminal Law is a subset of Civil Procedure and Tort . 27
We are objecting to Usurpation and Stealthy Encroachment ! 27
Sample Motion #7978 Demand to Quash for failure to file a complaint . 28
Notice of Concurrent Motions . . 29
The Motion to Suppress Evidence is http://www.lawyerdude.netfirms.com/7855.pdf .29
Demand for Effective Assistance of Counsel . . 29
Statement of the Case 29
Table of Authorities cited herein: . . 29
U.S. Constitutional Clauses Cited herein: . . 29
Illinois, California, and other Constitutional Clauses Cited herein: . 30
Table of Statutes cited herein: . 30
Cases cited herein: . 30
Argument 30
Under U.S. Constitution IV, 2, I am entitled to Illinois and California rights30
The clerk is acting as prosecutor; that is wrong. Dismissal is the remedy. 31
Declaration of Attorney Douglas Palaschak regarding Summonses . 31
A ticket can never be a summons. . 32
A defendant may appear by motion . 32
Permitting Police to Summon denies Equal Protection Under the Law . . 32
The Legislature may not give Police the Power to Summon and may not give Clerks the power to prosecute.32
You are Equitably Estopped from Presuming a Waiver of Jurisdictional Challenge.32
Special Scrutiny and Prosecution for those who know the law denies equal protection.32
Proof of Service . 32
Your Constitutional and Common Law Right to Use Foreign Law! . 32
Rights are taken, not given! 33
You in Texas and Wisconsin are entitled to employ statutes from California! 33
Mere Statutes do not supersede your rights won since 1066 under the common law!34
Statutes should have their reasons affixed to them - but they don't. . 34
The Common Law controls torts and crimes. . . 34
Here is my ultimate point: You Texans can feel free to borrow from the work of California's Legislature!34
Application: Denial of Suppression Motion without chance for pretrial appeal in Wisconsin.34
Your right to an e-transcript - not a Draconian paper transcript. . . 35
History of E transcripts . . 36
Your right to use Foreign Law. Constitution Section IV, Clause 2. . . 36
Article IV. Clause2: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. Amendment 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people 36
Re: Abridgment. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." And again regarding abridgment: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." - 14th amendment. 36
Actual Winning Motion #8004 in Georgia. Actually not heard yet. Motion to Quash.36
Statement of the Case: . . 37
Notice of Concurrent and Future Motions for overbreadth and lack of sworn witness.37
Memorandum of Authority in Support of Motion to Quash . . 37
Table of Authorities cited herein: . . 37
Scholarly Treatises cited herein: 38
Argument 38
The Georgia Constitution forbids this criminal enforcement of a mere ordinance.38
By stealthy encroachment governments take away our rights and sell them back to us.38
Why is it that tenants can't get help re rats and yet you ticket me for my truck?38
The law you are using is not a valid Georgia criminal statute. . 38
A Republic Form of Government Forbids Fiefdoms and subinfeudation. . . 39
adopted by the board of commissioners [not the legislature] . . 39
Georgia Constitution Strictly Forbids Counties to Make Criminal Laws . 39
Action defining any criminal offense or providing for criminal punishment.. 39
Proof of Service . . 39
Waiver of Speedy Trial Rights to Hear this Motion . 40
Statement of the case 40
The Accusatory Statutes in this case: . 40
Argument and Memorandum of Law Supporting Suppression . . 40
The statute is fatally overbroad and fatally vague. 40
Table of Authorities cited herein: . . 40
U.S. Constitutional Clauses cited herein: . . 40
U.S. Supreme Court Cases cited herein: . 40
Federal Circuit Cases cited herein: . . 41
Federal District Court cases cited herein: . . 42
Illinois Statutes cited herein: . 42
Scholarly Treatises cited herein: 42
Argument . 42
Preliminary Argument in Support of Motion to Suppress Evidence based on Overbreadth and Vagueness
. 42
Declaration of Attorney Douglas Palaschak regarding need for the file and transcripts.42
Appendix 1: Detailed Brief regarding the Doctrine entitled "Void for Vagueness"43
Proof of Service . . 45
#7260: Pep Talk: How to Win Your Traffic, Drug, or Sex Case . . 45
What should I do now? The litigation work cycle . . 48
The very short Litigation work cycle: . 48
The Big Litigation Work Cycle is at "How to Work With Lawyerdude" . . 49
#6274: How to work well with Lawyerdude: . . 49
List of the things that you must do regarding court. 49
Are you going to court? Do these things at court: . 49
Did you go to court today or yesterday or recently? If so, the please de-brief with me after court. 49
The 20 Most Commonly Used Motions in Criminal Law . 53
Part 1: Planning your motions: . 55
Part 2: Elements: Every Motion should contain the following elements: 55
Optional Elements to a Motion: . 62
Serving the papers . 63
Filing the papers at the criminal filing window . . 64
Common Problems. Turn these lemons into lemonade . 64
Examples of Winning Motions 65
Common Attitude problems with clerks when you file Motions . . 65
Self help litigation medley of pages to help you learn and write better . . 65
The leading 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html
. 65
Medley of cases defining your 6th amendment right to effective assistance of counsel - appointed if necessary. 65
Medley of cases regarding your Faretta right to speak for yourself and the standards for performance of the public defender. 66
Medley of cases defining your right to a free transcript if you can't afford to pay:66
Medley of Free Speech cases: . . 66
Empower Yourself ! Your rights as an imprisoned indigent pro se litigator. Your rights as a free, out of jail, pro se litigant.67
There is so much to say about rights of prisoners. 67
Right to xerox copies in jail. "Draconian" copying by hand is not required. Jails and prisons must provide copying service. Gluth v Kangas (1988) 773 F Supp 1309 @ 1321 (D Ariz) . 67
You have a right to demur instead of making a plea . 67
Ghost writing. You have a right to have helpers write your papers. . . 70
We should have the right to know which clerk ghost wrote the opinion for the various appellate and supreme court judges - but we don't. The judge does not say who actually wrote the opinion that he signed his name to.71
A little-known corporate lobby is drafting business-friendly bills for state legislators across the country71
Actual Winning Motion #7621 - Proven Winning Motion. Request for Legible Data from ticket.75
Motion #1: Request for Legible Data from ticket . . 75
Proven Winning Motion: Petition for Writ of Habeas Corpus #7975 76
Statement of the Case 76
My broken leg has not been set in permanent cast yet 77
$60,000 bail is impossible for me. . . 77
I am a 39 year old married employed lifelong resident of the community 77
Cases cited herein: . 77
Proof of Service . . 77
Proven Winning Motion #1318: Demand for Statutory Release on O.R. . . 77
Statement of the Case 78
My broken leg has not been set yet 78
$60,000 bail is impossible for me. . . 78
I am a 39 year old married employed lifelong resident of the community 78
My Promises required by P.C. 1318 and Vehicle Code 40500 et seq 78
Sample Motion #7608 Demand for Lawyerdude in court via Instant Telephone, video link, or Instant Messenger on Computer. 80
Table of U.S. Supreme Court Cases and Federal Appellate Cited herein: 81
Table of Independent State Constitutional Provisions cited herein: . . 82
Statement of the Case 82
Statement of our Place in Time - by Lawyerdude 82
Memorandum of Authorities . 82
"Attorneys are not fungible;" . . 84
Proof of Service 85
Actual Winning Motion #6340.
Actually she won the continuance but then after a year, the methamphetamine user found a slacker lawyer, my friend Fred Rogers, to plead guilty for her. She then went to jail. She could have won but she did not like going to court every month.
Sample #6340: Motion to vacate trial date and prelim date due to failure to produce discovery.85
Proposed Findings and Order. 88
Sample #5902: Motion to Suppress Evidence . . 88
New York Penal code section 190.25 Criminal impersonation in the second degree. 97
New York Penal code section 170.10 sub 2 Forgery 97
Actual Winning Motion #6751 from Seattle Washington. Proven Winning Motion 98
Statement of the case: 99
Table of Cases cited herein 99
Statutes cited herein: 100
Kernel of this case: Side by side comparison of the driving patterns of Forrest and Colin.100
The 9th circuit held that driving on the fog line is not against the law. Specifically it does not provide probable cause to initiate a traffic stop. 100
The court has no discretion here. U.S. v Colin is binding precedent and square on point.101
Declaration of Traffic Expert: Attorney Douglas Palaschak 101
Order after Hearing on Motion to Suppress Evidence .102
Actual Winning Motion #5790 by Buzz in Napa, California, falsely accused of drunk driving by a cop and prosecutor both committing perjury. Dead Bang Winner Motion. Proven Winning Motion .102
Motion #5790. Motion to Suppress Evidence. Buzz won this motion. He won his drunk driving case! We filed a demurrer also. These two motions should be filed whenever possible. The former is appealable before trial pursuant to California Penal Code 1538.5 which is derived from the U.S. Constitution applicable to all 50 states.
.102
How many legs does a sheep have if you call the tail a leg? . .102
Appendix #1: P.C. 1538.5 Motion to Suppress Evidence. Can be appealed before trial!106
After the special hearing is held, any review thereafter desired by the defendant prior to trial shall be by means of an extraordinary writ of mandate or prohibition filed within 30 days after the denial of his or her motion at the special hearing .107
Buzz lost on the demurrer but won on the Motion to Suppress Evidence. You should try to find a way to do both motions. Most of your complaints about your case can be addressed in these two motions. .109
Letter #7659 to an Appointed Texas Lawyer who wrote no motions. He quit after this letter.109
Actual Winning Motion #6570 from Texas. Proven Winning Motion. . .111
Statement of the Case - subdocument #6571. Version 1. . .111
List of Players 112
Chronology of Operative Events . .112
Declaration of Jason Lisle .113
A few words about magistrates. From a former Texas Attorney General .113
The most significant conflicts, however, arise in connection with the magistrate's issuance of search warrants and arrest warrants 114
The magistrate was not neutral and detached. Even if neutral he is/ was not detached. He is the brother of the head of the agency that conducted the raid.
.115
Motion #6580. 3rd Motion in Winning Texas Methamphetamine case in the Orange county, the southeast- most county of Texas. Motion to Vacate Pre-trial and reset it for January 13th, Thurs Feb 3rd, the 1st Thursday.115
Actual Winning motion #6580 from Texas. Proven Winning Motion 115
Motion #6639: 4th Motion in Texas Methamphetamine case. Application and Order to compel production of Witness List and $100 fee for obstinance necessitating this motion. . .116
Actual Winning Motion #6579 from Texas. Proven Winning Motion. 116
Inadequacy of Affidavit. . .118
Actual Winning Motion. Proven Winning Motion #6642. 119
If the warrant was signed, it is nonetheless void. This case is even worse than Aguilar.121
Appendix 1. List of defects in the insufficient application for search warrant123
List of the Top Ten most pertinent cases for State Bar and Free Speech of Lawyers. :125
Leading Cases Vindicating our self-evident right to associate and communicate. .126
Amish and Jehovah's Witnesses cases: .127
Now for the 150 cases that define your rights as a criminal defendant . .128
Regarding the constitution. I have supplemented the book with Marbury, Norton. .128
Norton v Shelby (1886) 118 U.S. 425 http://www.lawyerdude.netfirms.com/norton.html "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed." .128
Regarding Due Process, here are 5 cases: . .128
Regarding the 4th Amendment, here are 54 cases, far more cases than in any other subject:129
Regarding remedy for lies in the affidavit for the search warrant. I wish I had known about this Franks remedy back during my LSD case and Raid at the Good Nite Inn. . .129
Regarding cars: Police cannot stop you without probable cause. No license checks permitted.129
Delaware v Proust (1979) 440 U.S. 648. http://www.lawyerdude.s5.com/prouse.html Kinda 129
Regarding rummaging through your trash. Here is one state case with links to 20 other state cases. Varies from state to state: See "Independent State Grounds" Indiana says that they must have "articulable suspicion" which is something less that probable cause. Probable cause is 51%. Articulable suspicion is 10% but it is more than a "mere hunch" which is usually merely a hunch because the cop is inarticulate.
.129
Regarding full search of car pursuant to a speeding ticket. No can do. Several cases:130
Knowles v Iowa. The driver won . .130
Reversed in Acevedo but distinguisable. U.S. v Chadwick. Footlocker full of marijuana. Chadwick won
.130
Schneckloth v Bustamonte . .130
Mapp v Ohio . .131
Terry v Ohio .131
Regarding Electronic Surveillance, Agents and Informers, and Entrapment here are 6 cases:131
Regarding the Right to counsel, here are 11 cases: 132
Regarding the Privilege against Self Incrimination here are 21 cases: 132
Brewer v Williams ("good Christian burial" case) . .132
Escobedo v Illinois .132
Miranda v Arizona . .132
Schmerber v California 133
Regarding Suppression Hearings and Lineups here are 4 cases: .133
Simmons v U.S. (1968) http://www.lawyerdude.netfirms.com/simmons.html 390 US 377 You don't have to give up one right to utilize another right. Testimony at your suppression hearing cannot be used against you at trial133
. 133
Regarding the Preliminary Examination here are 3 cases .133
Regarding Bail here are 2 cases: 133
Regarding Indictment 133
Regarding the right to a speedy trial here are 2 cases: .133
Regarding Plea Bargaining here are 3 cases .133
Regarding Trial by Jury here are 4 cases . .134
Regarding Trial here are 11 cases: . .134
Regarding Double Jeopardy here are 4 cases: .134
: .134
Regarding Transcripts here are 2 cases not mentioned in the book: . .135
Griffin v Illinois . .135
MLB v SLJ Your right to a free transcript in some civil cases 135
Regarding Collateral Attack here are 2 cases: 135
Topical Index .135
Version 1.010 Crass Promotional Links: Upgraded Friday, June 23, 2006 Upgraded October 4, 2006.
Telephone Lawyerdude: 541 476 8954. Email: Dlawyerdude@Gmail.com Lawyerdude1989@yahoo.com
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Links for your Empowerment! Self help Litigation forms, instructions, cases, and samples.
1. My Flow Chart including links to a dozen proven winning motions: http://www.lawyerdude.netfirms.com/7930.html
2. Table of Contents to my $29 book. You can use your debit/ credit card to buy it:
http://www.lawyerdude.netfirms.com/7697.html
3. How to Win! Getting started: http://www.lawyerdude.netfirms.com/7260.html
4. Motions 101. How to write and file and serve a motion: http://www.fu.gq.nu/6025.html
5. Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html
6. What has been newly posted by Lawyerdude: www.circuitlawyer.8m.com/5673.html
7. My Demurrer page: Perfect record so far: http://lawyerdude.8k.com/5736.html
8. Briefs 101. How to write a Memorandum of Law: http://www.lawyerdude.s5.com/6435memo.html
9. Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html
10. What performance you should expect from your criminal defense counsel: http://www.circuitlawyer.8m.com/5635.html
11. Your litigation rights page. Learn your litigation rights! http://www.circuitlawyer.8m.com/5687.html
12. Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html
13. Learn the law ! Links to the 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html
14. Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html
15. List of the 30 most important criminal court motions. They are listed in Lawyerdude’s Bill of Rights for Criminal Defendants in jail. This is my New Standard by which to measure effectiveness of counsel. Make your appointed lawyer toe the line: http://www.circuitlawyer.8m.com/5635.html
16. Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:
http://www.circuitlawyer.8m.com/5537.html
17. Were you strip searched? Sue em! http://www.circuitlawyer.8m.com/5728.html Do they do a strip search anus check every time you go to the law library? Did your jail not have a law library?
18. List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html
19. Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html
All about Lawyerdude Palaschak
20. List of my 200 most popular web pages according to Google. http://www.lawyerdude.8k.com/5733.html
21. My winning argument regarding the 1st amendment where I argued the Law to the jury without interruption: http://www.lawyerdude.netfirms.com/5918.html
22. Raid at the Good Nite Inn based on mistake of law by District Attorney: http://www.lawyerdude.netfirms.com/brosnan.html
23. My ongoing battle with the mistaken, oppressive, and political state bar: http://www.lawyerdude.8k.com
24. Lawyerdudes’s biographical page: http://www.lawyerdude.8m.com/mystory.html
25. My LSD story and brief: http://www.lawyerdude.8m.com/5431.html
26. How to work well with Lawyerdude: http://www.lawyerdude.8k.com/contract.html
27. My most important page. My top 10 lists: http://www.lawyerdude.8m.com/5459.html
28. My ideas. My 10 proposed amendments to the bill of rights: http://www.lawyerdude.8m.com/5123.html
29. My home page: http://www.lawyerdude.8m.com Or my mirror site: http://www.lawyerdude.netfirms.com
My biggest fattest briefs:
30. My “state bar acts are unconstitutional!” brief: http://www.lawyerdude.8k.com/3789.html
31. My 100 page LSD brief: http://www.circuitlawyer.8m.com/1170.html Use this for your drug case!
32. My collection of “right to drive” briefs: http://www.lawyerdude.8k.com/right2drive.html
33. Lawyerdude's briefs: http://www.circuitlawyer.8m.com
More Lawyerdude links and Recommended Reading list
34. Lawyerdude’s traffic page: http://www.lawyerdude.8m.com/5259.html
35. Lawyerdude's library. A prioritized reading list. A list of books that farm folk and an enlightened populace should read. Some of these books justify weekly or monthly review - like your Bible - for your own defense. http://www.lawyerdude.netfirms.com/library.html
36. List of links to the Latest uploads from Lawyerdude: http://www.circuitlawyer.8m.com/5673.html
37. Lawyerdude's Contemporary Constitutional Issues: http://www.circuitlawyer.8m.com/5693.html
38. Lawyerdude's links page: http://www.lawyerdude.8m.com/links.html
39. Lawyer’s Manifesto: http://www.lawyerdude.8k.com/5753.html