8372 Version 1.000 2/14/07. Lawyerdude1989@yahoo.com
Transcript in Wilson traffic ticket case. 5 Feb 2007. Dead of winter.
This document is http://www.lawyerdude.netfirms.com/8372.html
Related pages:
Richard’s first motion in this case: http://www.lawyerdude.netfirms.com/8332.pdf and http://www.lawyerdude.netfirms.com/8332.wpd
Highlights of this transcript: Reveals the judge’s know-it-all attitude:
There's no such thing as a special appearance on a misdemeanor charge
District Court of Linn County, Kansas
STATE OF KANSAS, Plaintiff
vs. Case No. 06TR947
RICHARD D. WILSON, Defendant
Transcript of 1st appearance . Before Judge Richard M. Smith, Chief Judge of the Sixth Judicial District of the State of Kansas, at Mound City, Kansas, on the 5th day of February, 2007.
APPEARANCES: Plaintiff, State of Kansas, appeared by and through MR. JOHN S. SUTHERLAND, Linn County Attorney, 315 Main Street, P.O. Box 350, Mound City, Kansas 66056.
Defendant, Richard D. Wilson, appeared in person pro se.
Judy Jeck Official Court Transcriber Sixth Judicial District
(Hearing commenced on the 5th day of February, 2007, at the Linn County Judicial Building, Mound City, Kansas.)
Judge Smith: The next case on Judge Smith's docket's Case No. 06TR947. It's styled State of Kansas v. Richard D. Wilson.
Richard Wilson: I'm here in special appearance today, Your Honor. I made no promise to appear and I'm here under duress.
Judge Smith: Mr. Wilson, why don't you come up here first.
Richard Wilson: May I enter the court, Your Honor?
Judge Smith: Oh, please, please do. You're the Defendant, Mr. Wilson. You can come inside the Bar.
Richard Wilson: Thank you, Your Honor.
Judge Smith: All right, Mr. Wilson, let me get through the charge and then you can talk to me about your special appearance. The -- Mr. Wilson, you are charged with one count of Expired Driver's License, in violation of KSA 8-235. That is a Class B Misdemeanor, is punishable by up to six months in the county jail and a fine not to exceed $1,000. Mr. Wilson, are you goin' to represent yourself then on this charge?
Richard Wilson: Yes, sir.
Judge Smith: Okay. Do you wish to go ahead and enter a plea this morning?
Richard Wilson: No, sir, I do not.
Judge Smith: Okay.
Richard Wilson: I'm not prepared.
Judge Smith: Judge Smith will you then -- Would you -- Judge Smith can indicate that you stood mute, entered no plea and enter a plea of not guilty on your behalf. Are you asking that I not do that?
Richard Wilson: Yes, Your Honor, I would. I would prefer to demur.
Judge Smith: Very well. What I'll do then is set the matter for arraignment, and that means you have to appear and at some point enter a plea. That date will be on March the 7th, at 10:45.
Richard Wilson: So will I have a first appearance then, Your Honor?
Judge Smith: This is the first appearance.
Richard Wilson: Well, I'm here in special appearance, Your Honor.
Judge Smith: Well, Mr. Wilson, let me explain something to you if you'll listen to me for a moment. There's no such thing as a special appearance on a misdemeanor charge. You're getting your first appearance right now and I'm settin' the case for arraignment. All right?
Richard Wilson: Well, Your Honor, I feel I've been denied my due process. Who brings this claim?
Judge Smith: Well, Mr. Wilson, you've been charged with this crime. You've been given a uniform citation to appear. And, Mr. Wilson, trust me, I've been down this road so many times, I don't know if you know what you're doing, but I know what I'm doing. Okay?
Richard Wilson: All right, I -- I -- To be --
Judge Smith: So I'm telling you that I'm setting the matter for arraignment on March the 7th at 10:45, and that is the end of the story.
Richard Wilson: Well, I would like to object.
Judge Smith: And at that time, if you don't enter a plea of -- of guilty or not guilty, I presume Judge Smith will probably enter a plea of not guilty on your behalf and set the matter for trial.
Richard Wilson: Will I be able to submit a bill of particulars, Your Honor?
Judge Smith: The -- You can request a bill of particulars and it'll be up to the Judge as to whether or not it's granted.
Richard Wilson: May I do that at this time?
Judge Smith: You will have to file a written request for a bill of particulars, Mr. Wilson, if you choose to do that.
Richard Wilson: May I file a motion to -- a motion to quash, Your Honor?
Judge Smith: You could -- Actually, Mr. Wilson, you have the right to file any motion you want to file.
Richard Wilson: All right. May I file that motion at this time, Your Honor?
Judge Smith: If you -- Again, it'll need to be in writing to put the State on notice of the nature in which you are filing your motion to quash.
Richard Wilson: And how -- how much time would I have to do that, Your Honor?
Judge Smith: If you would -- Would you like some time to file some motions, Mr. Wilson?
Richard Wilson: Yes, Your Honor, I would.
Judge Smith: Okay. Well, why don't we do this, then, Mr. Wilson, how about this, why don't I suggest -- Although I don't really think that there is any statute that allows the judge to actually set a deadline when all criminal motions have to be filed, unless you get up to the time of trial, so there's not goin' to be a restriction, but if you wish to file motions prior to your next court appearance, would you be able to get them on file no later than March the 5th?
Richard Wilson: Yes, Your Honor.
Judge Smith: Will that give you enough time?
Richard Wilson: Yes, I -- I will be able to do that this week, Your Honor.
Judge Smith: I'll --
Richard Wilson: But I'm -- I'm kind'a at a loss here. I -- I don't understand. I -- I think I need a first appearance. I've not -- I've not made any promise to appear, Your Honor, you know.
Judge Smith: Well, Mr. Wilson, what has happened is you've been given what's called a uniform notice and citation to appear.
Richard Wilson: And who brings that claim, Your Honor?
Judge Smith: The -- That's actually filed by whatever officer filed the ticket.
Richard Wilson: Well, isn't it the prosecutor's duty to file these? Isn't that my due process, to have the prosecutor file that, Your Honor?
Judge Smith: If the prosecution would like to file a long-form criminal complaint, they may do so, but this is a charge upon which a defendant is required to appear on a uniform notice to appear. Failure to do so -- If Judge Smith determines that there's probable cause to issue a warrant, may then issue a warrant for your failure to appear.
Richard Wilson: Well, I believe that my due process rights, Your Honor, would have the prosecutor file that.
Judge Smith: And you're entitled to whatever belief you'd like to have, Mr. Wilson, but I'm not here to rule on that right now. Okay?
Richard Wilson: If it's -- Is -- is this on the record right now, Your Honor?
Judge Smith: Yes, it is, yes.
Richard Wilson: So may I have an e-transcript of that record?
Judge Smith: If you wish to have a transcript, what you have to do is file a written request for a transcript. You will then get from our court transcriptionist a -- an estimate of what the cost will be. Upon payment of that cost, then the -- the transcript can be provided to you.
Richard Wilson: Thank you, Your Honor. So my understanding is then this is my first appearance above my objections to a first appearance.
Judge Smith: That would be correct, because your first -- This is your first appearance because, as I stated before, there is no such procedure as a special appearance on a misdemeanor charge.
Richard Wilson: Would that -- Our constitutionally protected rights, Your Honor, don't they afford us due process at all stages of this?
Judge Smith: Absolutely, and that's why we're not doing anything that inhibits your ability to file motions or determining your guilt or innocence. And I believe that most of those due process rights you're talking about are procedural and have to do with your guilt or innocence, not your special appearance, Mr. Wilson.
Richard Wilson: I thank you, Your Honor.
Judge Smith: You're welcome.
(Whereupon, the hearing was adjourned.)
I, JUDY JECK, Official Court Transcriber for the Sixth Judicial District of the State of Kansas, do hereby certify that the within and foregoing transcript contains all the evidence requested to be transcribed by me, and the rulings of Judge Smith thereon, from the proceedings had in or at the First Appearance held February 5, 2007, in the foregoing cause in said court; that said transcript is a complete and correct transcription of the evidence requested to be transcribed from the official tape recording made at the time of the proceedings, as indicated by the files and records of this court; that the cost of said transcript is $27.50. (Computation: 10 pages @ $2.75 per page. Margins artificially set at 1.8 inches to increase page numbers. Nice readable version is only 3 pages long.)
Dated this 13th day of February, 2007.
Original signed by Judy Heck.
Court Transcriber I, RICHARD M. SMITH, Chief District Judge for the Sixth Judicial District of the State of Kansas, do hereby state that the tape recording from which this complete transcript was prepared is the official record made at the time of the proceedings had in the foregoing cause in said court; and that said tape recording, constituting the official record, has been at all times in the custody and under the control of the Linn County District Court.
Dated this 13th day of February, 2007.
Original signed by: Richard M. Smith Chief District Judge
Index: As you can see, there was not too much talk of constitutional liberties and usurpation. All in due time.