Lawyerdude’s Book #1. Document 7655. Version 8.241
Empower Yourself: Criminal Defense Forms for Malum Prohibitum Crimes/ Statutes: Resist the incessant stealthy encroachment of the police/ prison industry ! How to win your traffic, drug, sex, or other malum prohibitum case before trial. How to appeal the legal issues before trial.
Copyright 2007. Lawyerdude. Lawyerdude is a trademark and service mark of Attorney Douglas Palaschak
Fax 805 830 5156. Voice: 888 476 8954. Lawyerdude1989@yahoo.com Find Lawyerdude on Google and YouTube.
This page is http://www.lawyerdude.netfirms.com/8457.html 11/16/07
Other products by Lawyerdude: I will deliver a custom video lecture on the topic of your choice. See my new video about the Federal Reserve System on www.YouTube.com; See all my videos on YouTube. Search for “Lawyerdude” on YouTube or Google. Also: “#1170: The Ultimate Drug/ LSD Brief” (100 pages) ; “Growing up on the Perfect Farm” my Pictorial Autobiography scheduled for completion in 2008.
Click here to buy my book:
http://www.lawyerdude.netfirms.com/8458.html
Stop obeying! Free people remain free by refusing to obey! You have a constitutional right to disobey unconstitutional laws. The Supreme Court said so in the Shuttlesworth case 1969. Reverend Fred Shuttlesworth went to the U.S. Supreme court 4 times. Here are links to those cases: http://www.lawyerdude.8m.com/5092.html (1958) http://www.lawyerdude.8m.com/5090.html (1963) http://www.lawyerdude.8m.com/5089.html (1965) http://www.lawyerdude.8m.com/5091.html (1969). In the 1969 case http://www.lawyerdude.8m.com/5091.html the court affirmed your right to disobey an unconstitutional statute:
“And our decisions have made clear that a person faced with such an unconstitutional licensing law may ignore it and engage with impunity in the exercise of the right of free expression for which the law purports to require a license. . . . Given the absence of speedy procedures, the Reverend Shuttlesworth and his associates were faced with a serious dilemma when they received their notice from Mr. Connor. If they attempted to exhaust the administrative and judicial remedies provided by Alabama law, it was almost certain that no effective relief could be obtained by Good Friday. Since the right to engage in peaceful and orderly political demonstrations is, under appropriate conditions, a fundamental aspect of the "liberty" protected by the Fourteenth Amendment . . . the petitioner was not obliged to invoke procedures which could not give him effective relief. With fundamental rights at stake, he was entitled to adopt the more probable meaning of the ordinance and act on his belief that the city's permit regulations were unconstitutional.” - U.S. Supreme Court 1969 in Shuttlesworth v Birmingham.
This is powerful and liberating quotation. You can apply this principle when you are being railroaded in traffic court. Even in the absence of a constitution and statutes, the common law provides a remedy for nearly everything and has done so for hundreds of years. Criminal law and all of the common law was created by the judiciary not the legislature. The legislature should concern itself with building roads and bridges.
Rebel against the governing class! The governing class consists of all those government- employed lawyers, cops, legislators, weed spray police, traffic police, public defenders, etc. They are now a majority. Their agenda is not to help you; their agenda is to extract money from you. Our fat governments incessantly strive to take away our fundamental liberties and sell them back to us as permits and licenses.
Totalitarianism is excess government. Totalitarianism, feudalism, and monopoly are all natural states. As civilized people we must rise above our “natural” instincts. The unwatched unchecked society will regress to totalitarianism, feudalism, and monopolies. The Federal Reserve System is a government-created banking monopoly. Monopolies are oppressive. Warren Buffet became the richest guy in the world by buying ONLY monopolies and quasi-monopolies. Bill Gates then passed up Warren Buffet and became the wealthiest man. Gates strives to preserve his virtual monopoly. The #3 richest guy has now passed up Warren Buffet. This new #2 wealthiest man is corrupt Carlos Slim Helu of Mexico who charges outrageous fees on his immoral oppressive monopoly of telephones in Mexico. Government is a monopoly. The bar associations are monopolies. They are part of the police/ prison industry! Our fat governments agencies by stealthy encroachment incessantly stalk us like the lion stalks the gazelle. Our fat governments implore their fellow governments, the legislatures, to enable their plunder. One of their instruments of oppression is the criminalization of free market decisions such as the decision by buy car insurance or not. Economic decisions that must be made by poor people are now criminal. The cumulative effect is more business for the governing class, the police/ prison industry, and the organized bar, those fat segments of the population that make a parasitic living employed by our fat government agencies even if that employment is indirect. Another instrument of oppression is the trivialization of freedom and your rights.
Among us are natural born analysts. We hate the dullards who gravitate toward government/ corporate wage slavery. We realize that our various governments have grown. We see that governments want to govern us more completely.
Oppression by compulsory car Insurance. Poor People’s tax.
The following oppression happens to poor people every day in American. It happened to me on February 14, 2007. A police man shot a laser at me as I naturally inadvertently slightly accelerated after passing over the crest of the mountain pass. He shot a laser beam at my face. Police arrest kids who shine laser beams at airplanes and yet these same police shine laser beams at us. Using the pretext of preventing some hypothetical injury caused by my refusal to buy car insurance he caused non-hypothetical certain injury/ harm by impounding my car. “Take all your personal property out of your car now” he said. I escaped going to jail; their jail is too full. Observation: this is one benefit of having no Oregon sales tax: less chance of going to jail. He impounded my car (and later sold it before we even had a hearing on the legality of the impoundment.) Then he drove me away in his police car while talking on the cell phone and speeding. He drove as fast as I drove - 75 miles per hour - and yet he escaped prosecution. He had no hands on the steering wheel. He was using both hands to put his cell phone in his pocket.
The next step: the court clerk usurps the prosecutorial function. She puts the case on calendar without a complaint by a prosecutor. This is illegal/ unconstitutional. Then the judge ignores my written motion and finds me guilty in absentia. I have a remedy: I can ask the judge to vacate his order. I can apply for a writ from a higher judge. I have set the groundwork by a written motion. The judge ignored that motion. Nonetheless my written argument is on the court record.
This subdocument is: http://www.lawyerdude.netfirms.com/8786.html Version 1.100 You can find it on the internet; follow the hyperlink trail.
Overview: The Game Plan: List of Special Tactics for Malum Prohibitum Crimes:
1 Remember: Transcripts. Motions. Application to higher court for Writ. Use these powerful tools!
2 You are responsible for your own orgasm - and your own deadlines. I can write the motion to vacate the deadline.
3 Stop speaking in court. The pen is mightier than the mouth. Just shut the fuck up! There are few exceptions. I have printed some standard speeches below in this book. Let my papers speak for you.
4 Upgrade your writing. Write in short sentences of 8 words or fewer. Use spell check. Don’t use ALL CAPS.
5 Your main job is to give me your story in writing by means of a police report, case file, chronology, list of dossiers, list of places, chronological list of documents, and an e-transcript of every hearing. You must debrief in writing after every court appearance or other event. We must stop the court proceedings until you receive your transcript of the previous proceeding. You must not pay for transcripts unless you are rich.
6 My job is to write the critical documents. Here is what else I so:
a I predict the future. People ask me “what will happen in this case?”
b I help you to control the future and make it turn out in your favor; even when it seems that legal forces are acting on you, it is you who best controls what will happen to you. You control the future better by communicating in writing with the judge by means of written motions.
c I analyze your rights and publish my arguments in written documents which I publish to the internet. You print them and deliver them to the clerk of the court at the criminal filing window. These documents are called “motions.” I know the common law antecedents, cases that define your common law rights. These common law antecedents are not in the statutes; often they are not even in the constitution. They come from 1000 years of legal cases following the Norman Conquest of England in 1066. l weave the case law into your facts situation (which you will have told me in your chronology). My talent is being able to remember what the courts have previously ruled. My talent is being able to articulate this for you in writing so that the judge will agree with you. The police are not lawyers. If I can explain to the police and prosecutor then they will see your point of view. Example: The judge only knows that you failed to appear; I articulate to him in writing that you were not obligated to appear because the court lost jurisdiction when the prosecution admitted that their complaint was erroneous. I articulate that the complaint was stricken by operation of law. I explain why as follows: California Civil Code section 3529 expresses the pertinent maxim: “That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.” This is how I persuade other people to respect your rights. Since I have explained to the judge that he has no jurisdiction, he is less likely to issue a warrant. This theory is from an actual case. Here is a link to my motion #8551 in that case:
http://www.lawyerdude.netfirms.com/8851.pdf and http://www.lawyerdude.netfirms.com/8851.html
d I communicate efficiently on your behalf; that is why I need everybody’s email address, office address, home address, telephone number, cell phone number, fax number, and web address.
e I find a legal remedy for your legal problem; there are no new legal remedies under the sun; they are all listed in a book entitled “remedies”. All law students read this book. It is tested on the bar exam.
f I effectuate the legal remedy.
g I bring order to your life by applying organizational skills and methods such as the chronology and lists.
h I am here by the phone where you can call me from court on my toll free number printed on your court documents.
7 For more details see further below in this book subdocument #6274 entitled How to work well with Lawyerdude. For now here is a brief description of your duties in your own case. Here is your job:
a Promptly file and/or serve the papers that I write for you. Don’t change them - except for the date of the hearing. Print the pdf formatted version, not the html version.
b Read my book - or at least read “Motions 101" on the web. Google for it.
c File a fee waiver form if you cannot afford the transcript plus the ordinary costs of living - and indeed you can’t afford it. Most traffic litigants qualify for a fee waiver - especially if you are there for failure to buy car insurance.
d Obtain a prompt e-transcript of every hearing. Don’t pay for them unless you are rich.
e Keep me posted. Debrief after every event.
f Find out if your judge is a real lawyer or just a poseur. In New York, Texas, Arizona, and New Mexico your only qualification to be a traffic court judge is that you must be 18 years old and speak some English. Call the clerk. Ask her. If she does not know then ask her who knows. Ask the judge himself if necessary.
g Provide me with a chronology and list of players. Never use ALL CAPS.
h Stop talking in court. Let your papers talk for you. I have written a few short speeches for you. Read the transcripts from Charlie Sprinkles trial on the web. Exception: Do ask the judge if he has read motion #7777 (or whatever motion is set for that day). Do mention the motion numbers clearly. That ties them into the record although they are already on the record if they are filed and you have a file stamped copy.
i Don’t tamper with my motions. Submit the pdf formatted version.
j Always get a written rejection note if the clerk refuses to file your paper. Take names of clerks who give you trouble. Call me from the court house.
k Call me from court if you get flustered. Ask the judge to let you walk out in the hall and call me.
l Stop speaking the PNJ (patriot nut job) language. You were driving - not “traveling in your personal conveyance”. Review all the legal stuff you learned up to now. Unlearn all except what was talk to you by actual lawyers. Most of the stuff on the new is written by high school dropout PNJs.
m Turn all lemons into lemonade. Insist on a prompt transcript. Move to vacate all hearings until a month after you receive your transcripts.
n Don’t fall for their tricks. Email me about every obstacle. Call me if you are in court and away from your computer.
o Know that they cannot make you work off a fine in jail if you are poor. The cases are Williams and Tate. Google for Lawyerdude, Tate, and Williams.
p Get a support group. Find somebody to drive you to court if you have license problems.
q Know that the purported license suspension is likely void because they did not give you a hearing. Bell v Burson.
r If you file your motion on the day that you have court, don’t fool yourself into thinking that you will argue the motion that day. The purpose of the filing is to demonstrate to the court that you are progressing with your case. 99% of litigants only progress by pleading guilty.
8 The key is Pre-Trial Motions including a demurrer and motion to quash.
9 Special tactic that works only in malum prohibitum crimes: The statute is unconstitutional. In a written motion assert that the statute denies you due process and otherwise violates your constitutional rights and is therefore unconstitutional. This is called a demurrer. It is your ancient right. There were demurrers before the constitution was writen.
10 Demand a transcript of every court appearance. A free e-transcript is your right. Demand a prompt e-transcript.
11 Take your case to the court of appeal BEFORE trial using an application for writ of mandate. Don’t wait to do an appeal. Apply for a writ before trial to ensure that the trial judge follows the common law antecedents.
12 Bring your own court reporter if you can afford it but be sure to get a good e-transcript.
13 Assert your rights listed in your state bill of rights. Sometimes your state bill of rights is better than the federal bill of rights. Also, pick a state, any state. Amazingly you can use ANY state bill of rights! Select the best clauses from the best constitutions.
14 Sue in Federal Court for violation of your rights.
15 Use the “great writ” the writ of Habeas Corpus to rectify jail problems and where other remedies are neither speeding nor effective.
16 Control the pace of your case by setting the hearing date on Tuesday or Thursday 5 weeks in the future.
17 Expose judges who have not finished high school. They work in New York, Texas, New Mexico, Arizona, and other places.
18 I will write a better motion and vacate the date for the previous motion if necessary. Find the theory that gives you a dead bang winner motion such as the motion for Forrest Bishop and the motion for Buzz Vieau.
This book shows the special tactics required to be effective against the systemic infection of our legal system. I have learned through a quarter century of legal specialization. I can effect a remedy for your old warrants and suspension. If you deal with your old cases/ warrants you can almost always get relief.
The police/ prison industry lobbies heavily in order to grow fatter and consume a larger percentage of the gross national product. One of their instruments of oppression is the creation of statutes describing new malum prohibitum crimes. These crimes are not true crimes at all because there is no “mens re.” There is no guilty intent.
All governments, including the state government, are corporations. They recognize their fellow corporations including Insurance companies and the police/ prison industry. Warren Buffet made billions from insurance premiums that you paid to Geico. Source: Wikipedia: Warren Buffet. Google for it. Look on the list. Buffet owns Geico. The insurance lobbyists wrote stronger legislation - like the legislation to take away your car if you cannot afford car insurance. Warren Buffet’s Geico pays money to tell you the big lie: that people are bad to refrain from buying needless car insurance. In the late 1980's the California legislature was caught red-handed being bribed by the insurance lobby and yet the insurance laws that they passed remain on the books.
Most of the people in prisons and jails today are there for Malum Prohibitum crimes. There are special legal defenses to malum prohibitum crimes. Malum Prohibitum is the arena of the police state and the police/ prison/ bar association industry! In a free country, why should something be illegal if it is not inherently wrong? Even if you were driving drunk, you have not committed a crime. You have not even committed a misdemeanor. You have merely done something that is malum prohibitum. You have fallen prey to an instrument of oppression used by the police/ prison industry to guarantee employment for their dull high school graduate employees suitable only for government work. These bureaucrats get paid from the money that our predatory government by stealthy encroachment takes from us in fines and income taxes unconstitutionally imposed on our wages in violation of the original promise of the income tax. The government lies and cheats but they do it over the course of generations so that your children don’t remember the lie that was told to your grandparents. Corporations (including the government) live eternally and have unlimited money. You don’t. These evil immortal corporate/ government usurpers have an advantage over you. However, you are alive. Use your life to your advantage. Stand up on your hind legs and resist! I can help you. It is all about words. The pen is mightier than the mouth. Although “Law and Order” is my favorite TV show, it is all about finding the killer/ bad guy.
Are you a killer/ bad guy? No. You have a job. You got a ticket - maybe on your way to work. You got a ticket for drunk driving and failed to jump through their hoops of fire. So now they will hold this over on you forever. The bad guys in your case are the police. They are committing institutional barratry.
Subdocument bio33. Version 1.001 Upgraded 10/12/06. Lawyerdude1989@yahoo.com 888 476 8954
Brief Autobiography of Attorney Douglas Palaschak
This page is http://www.lawyerdude.netfirms.com/bio33.html
I have enjoyed a charmed life. I grew up on the perfect farm. My brother Greg farms it now. I am an Engineering Graduate of the University of Illinois, Urbana, the best engineering school in the world, home of the mythical Hal 9000 of 2001, A Space Odyssey. There I was an honors student. I marched in The Marching Illini, the world’s undisputed Premiere Marching Band. I began my career as a Registered Professional Engineer having consulted for the U.S. Navy, Mobil, and Exxon. My expert testimony resolved a personal injury case where my calculations proved that a hydraulic accumulator could not contain sufficient oxygen for combustion to have overloaded the failed bolts. This proved
that the cause of the explosion was a failed hydraulic safety valve.
I conceived and designed subsea machinery for the U.S. Navy. I performed the buckling analysis for the riser tubes and contributed to the design of the giant seafloor template for a quarter mile tall oil rig presently in service in the North Sea.
I have been a licensed lawyer for nearly a quarter century. I passed the California bar exam in 1983. I have my J.D. from Ventura College of Law. I publish approximately 1200 legal articles on the internet. My areas of expertise are:
Licenses, Rights, and Privileges, and their use as Instruments of Oppression,
Criminal Defense,
Defense of drug, sex, traffic, and other malum prohibitum crimes,
Internet-driven Improvements in the Efficiency of Litigation,
Empowerment of Pro Se Litigants,
Bankruptcy.
I wrote only one appeal in my career and it won. I was elated. Then the California Supreme Court overturned it on the basis of a weak brief written by an appointed lawyer. They did not even have the entire transcript. I learned from my experience. You can benefit from my experience.
My most recent book is on the subject of Pre-trial Criminal Litigation of Malum Prohibitum Crimes. It is available by mail order via the internet.
I enjoy playing “Clair De Lune” on piano. I found a mistake in the sheet music and Warner Brothers republished their Debussy book. Here is a link to their letter in that matter: http://lawyerdude.8m.com/Warnerletter.jpg I have appeared on The Love Connection, Hard Copy, and Inside Edition.
Table of Contents:
List of 20 Actual Proven Winning Motions included in their entirety in this book. Review the list. Read the Motions. Adapt them to your own case. Use them! :
Actual Application for Extraordinary Writ to Return Impounded Car
Actual Winning Motion #7936. Dead Bang Winner motion overturning a Writ of Eviction !
Actual winning motion to Sheriff Deputy. Document #7938. Request to delay/ stop eviction.
Sample Motion #7978 Demand to Quash for failure to file a complaint.
Actual Winning Motion #8004 in Georgia. Actually not heard yet. Motion to Quash.
Actual Winning Motion #7621 - Proven Winning Motion. Request for Legible Data from ticket.
Actual Winning Motion. Proven Winning Motion: Petition for Writ of Habeas Corpus #7975
Proven Winning Motion. Actual Winning Motion. PC 1318. Guy released on his promise to appear.
Sample #5902: Superb Motion to Suppress Evidence with many annotations to cases and statutes.
Letter #7659 to an Appointed Texas Lawyer who wrote no motions. He quit after this letter.
Table of Contents
Brief Autobiography of Attorney Douglas Palaschak
Glossary of words that are important to the Pro Se Litigant:
Subdocument #7434 : What I need from you in order for me to win your case:
Lesson: Always demand the O. J. standard - and Lawyerdude standard #5635 !
Question #3: Where/When is your case best and most easily/ effectively won?
Here is the chronological flow chart for the Lawyerdude Pre-trial Paradigm.
Loser Flow Chart: Don’t do this. This is the Public Defender Paradigm
About the title. Our age in time. The age of rebellion against the police prison industry.
The key elements to winning your case before trial are
Tell me what you need from this book.
How the FBI cheats on extradition. Let me count the ways.
There are 2 aspects to any permit. Use them to analyze and win.
Unconstitutional Elimination of Mens Re invited invidious discrimination: Example: Sexual Battery
Deadwood, South Dakota in 1876 had no statutes; they flourished. They tried their murderers.
Issue #1: Liberality in dealing with Pro Se litigants:
Issue #2: Absence of jurisdiction and other Administrative arguments:
News Flash. The Judge usually does not know this stuff!
The written motion is powerful. It is your record to the court of appeal - but that won’t be needed.
What to do when they impound your car.
Actual Application for Extraordinary Writ to Return Impounded Car
I am a beneficiary of the rights declared by the California constitution.
Time does not confirm a void act.
Actual Winning Motion #7936. Dead Bang Winner motion overturning a Writ of Eviction !
Actual winning motion to Sheriff Deputy. Document #7938. Request to delay/ stop eviction.
The bailiff refused to permit the tenant to enter the courtroom!
Lawyerdude standard #5635. Version 1.02 Tell your Public Defender How to do his job!
Comment Re: Motion to Quash for Lack of a Prosecutor - Not in the Code.
Motion to Quash is a Concept of Civil Procedure.
All Criminal Law is a subset of Civil Procedure and Tort.
We are objecting to Usurpation and Stealthy Encroachment !
Sample Motion #7978 Demand to Quash for failure to file a complaint.
The Motion to Suppress Evidence is http://www.lawyerdude.netfirms.com/7855.pdf .
The clerk is acting as prosecutor; that is wrong. Dismissal is the remedy.
A ticket can never be a summons.
A defendant may appear by motion.
Permitting Police to Summon denies Equal Protection Under the Law
Your Constitutional and Common Law Right to Use Foreign Law! A new theory by Lawyerdude.
Mere Statutes do not supersede your rights won since 1066 under the common law!
Statutes should have their reasons affixed to them - but they don’t.
The Common Law controls torts and crimes.
Application: Denial of Suppression Motion without chance for pretrial appeal in Wisconsin.
Your right to an e-transcript - not a Draconian paper transcript.
Your right to use Foreign Law. Constitution Section IV, Clause 2.
Actual Winning Motion #8004 in Georgia. Actually not heard yet. Motion to Quash.
Declaration of Attorney Douglas Palaschak regarding need for the file and transcripts.
Appendix 1: Detailed Brief regarding the Doctrine entitled “Void for Vagueness”
#7260: Pep Talk: How to Win Your Traffic, Drug, or Sex Case.
What should I do now? The litigation work cycle.
The very short Litigation work cycle:
The Big Litigation Work Cycle is at “How to Work With Lawyerdude”
#6274: How to work well with Lawyerdude:
List of the things that you must do regarding court.
Are you going to court? Do these things at court:
Did you go to court today or yesterday or recently? If so, the please de-brief with me after court.
The 20 Most Frequently Used Motions in Criminal Law
Part 1: Planning your motions:
Part 2: Elements: Every Motion should contain the following elements:
Optional Elements to a Motion:
Filing the papers at the criminal filing window
Common Problems. Turn these lemons into lemonade
Self help litigation medley of pages to help you learn and write better
The leading 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html
Medley of cases defining your right to a free transcript if you can’t afford to pay:
There is so much to say about rights of prisoners.
You have a right to demur instead of making a plea.
Ghost writing. You have a right to have helpers write your papers.
Actual Winning Motion #7621 - Proven Winning Motion. Request for Legible Data from ticket.
Motion #1: Request for Legible Data from ticket.
Proven Winning Motion: Petition for Writ of Habeas Corpus #7975
My broken leg has not been set in permanent cast yet.
$60,000 bail is impossible for me.
I am a 39 year old married employed lifelong resident of the community.
Proven Winning Motion #1318: Demand for Statutory Release on O.R.
Update: Success. They released Dan O.R. as requested. Ira was the judge who released him.
Statement of our Place in Time - by Lawyerdude.
Sample #5902: Superb Motion to Suppress Evidence with many annotations to cases and statutes.
New York Penal code section 190.25 Criminal impersonation in the second degree.
New York Penal code section 170.10 sub 2 Forgery
Kernel of this case: Side by side comparison of the driving patterns of Forrest and Colin.
The court has no discretion here. U.S. v Colin is binding precedent and square on point.
Declaration of Traffic Expert: Attorney Douglas Palaschak
Order after Hearing on Motion to Suppress Evidence
How many legs does a sheep have if you call the tail a leg?
Appendix #1: P.C. 1538.5 Motion to Suppress Evidence. Can be appealed before trial!
Letter #7659 to an Appointed Texas Lawyer who wrote no motions. He quit after this letter.
Statement of the Case - subdocument #6571. Version 1.
Chronology of Operative Events
A few words about magistrates. From a former Texas Attorney General
Even if the warrant was signed, it is nonetheless void. The facts here are even worse than Aguilar.
Appendix 1. List of defects in the insufficient application for search warrant
Lawyerdude's list of the top 40 most liberating opinions/ decisions of the U.S. Supreme Court.
List of the Top Ten most pertinent cases for State Bar and Free Speech of Lawyers:
See my brief 3789 at http://www.lawyerdude.8k.com/3789.html These cases are discussed there.
Leading Cases Vindicating our self-evident right to associate and communicate
Amish and Jehovah's Witnesses cases:
Professor Weinreb’s list of 150 cases that define the Constitutional Rights of Criminal Defendants.
Regarding Due Process, here are 5 cases:
Regarding the 4th Amendment, here are 54 cases, far more cases than in any other subject:
Regarding cars: Police cannot stop you without probable cause. No license checks permitted.
Regarding rummaging through your trash. Here is one state case with links to 20 other state cases.
Regarding full search of car pursuant to a speeding ticket. No can do. Several cases:
Wong Sun v U.S. http://www.lawyerdude.netfirms.com/wongsun.html This is a great case!
Regarding Electronic Surveillance, Agents and Informers, and Entrapment here are 6 cases:
Jimmy Hoffa v U.S. 385 US 293 (1966) http://laws.findlaw.com/us/385/293.html Interesting case.
Regarding the Right to counsel, here are 12 cases:
Regarding Suppression Hearings and Lineups here are 4 cases:
Regarding the Preliminary Examination here are 3 cases
Regarding Bail here are 2 cases:
Regarding Prosecutorial Misconduct.
Regarding the right to a speedy trial here are 2 cases:
Regarding Plea Bargaining here are 3 cases
Regarding Trial by Jury here are 4 cases
Regarding Trial here are 11 cases:
Regarding Sentence here are 4 cases:
Regarding Transcripts here are 2 cases not mentioned in the book:
Glossary of words that are important to the Pro Se Litigant:
affidavit: A written declaration notarized by a notary public. By comparison a “declaration” is signed under penalty of perjury but not notarized. In recent decades the statutes have permitted a declaration to be used instead of an affidavit in nearly all court filings. The word “affidavit” is sometimes used loosely to refer to a “declaration.”
affidavit for search warrant: An affidavit of probable cause demonstrating to a magistrate that a search warrant should issue. Police and prosecutors often cheat by refusing to serve the affidavit to you in the discovery papers. The naive pro se litigant may look at the search warrant and not realize that they have withheld the affidavit. The affidavit for a search warrant should be the focus of your attention in bogus/ fishing expedition searches. Read in this book how my winning analysis of a defective affidavit won the Jason Lisle case in Orange, Texas.
bill of rights Every state constitution contains a bill of rights. Use them.
chronology: A story told in the order that it happened. Tell your story in the form of a chronology. Begin every paragraph with a date.
commissioner A lawyer hired to act as a judge. The commissioner is hired by the judicial council/ local committee of local judges. By comparison, a true state judge is either elected or appointed by the governer. The commissioner has no authority to issue Writs of Eviction or other writs. You are not required to submit to a commissioner except in limited cases. See the eviction case/ motion herein, for example. Related concept: Judge Pro Tem is a lawyer appointed by the local judicial council to act as a judge. Unless you consent in writing, any action by a commissioner and/ or judge pro tem is void - except: 1 he may take evidence and conduct a hearing in divorce cases pursuant to federal law; 2 he may set bail and perform other ministerial tasks.
common law The common law is the distillation of the wisdom of all the cases since 1066, the date of the Norman Conquest of England. The superior race provides us with superior law.
common law antecedent: All of our legal concepts derive from actual cases in actual courts over the course of enlightenment since a superior race conquered England in 1066. The common law antecedent is the basis for the rules of decision for courts today. It is so written in the constitution. The criminal law and all law was created by the judiciary, not the legislature. The statutes are merely a brief codification to make things simple for those ignorant of the common law. That ignorance may extend to your judge. Educate him if necessary by publishing a superb brief. I publish a list of the 200 best criminal common law cases at the end of this book. The individual human depends on the courts. The majority can move the legislature. The court protects the individual human against majoritarian oppression. The driving force for freedom is the court - not the legislature. The legislature is a bunch of dumbasses, suitable only for appropriating money to build roads - and that is their main job. The masses are asses. They pass one dumb law after another. Only by invoking the common law antecedent do we stave off the ravaging majority. Often we invoke an antecedent that comes from a case from ancient England. We also cite the cases where the Supreme Court has put a new label on that ancient law. The supremacy clause of the constitution neglects to mention the common law antecedent but the judiciary has protected us by enforcing the common law antecedent. The 9th amendment and equivalent provision in state constitutions permit us to claim rights that are not specifically enumerated in the constitution. The right to a transcript is one such right. The U.S. Supreme court cites ancient English law by citing the Magna Charta (1215 a.d.) and by citing Blackston’s Commentary on the Laws of England 1765-1769. (Available at Barnes and Noble, it is one of the 8 paperback books that my brother Jerry brought to me when I was imprisoned in Ottawa, Illinois, in 1999 with no access to a law library.) For further comment see my document http://www.lawyerdude.netfirms.com/7375.html and also Google regarding the “Rules of Decision Act.” The people together have formed 51 sovereigns but 99% of the pertinent law ( in terms of the cases in courts every day) was already made before any of these sovereigns were invented. That is what you learn in law school. The textbooks contain a generous helping of tasty old cases from England before the United States was incorporated. The sovereign does not make much of the law. The law was already there. Employees of the sovereign merely ride herd over a process that FINDS the law from 10 centuries of cases. The process is called "the adversarial system". Those employees who ride herd are called "judges". The real business of the legislature is taxing and spending. The law evolves naturally and was already evolved before the states were formed. The various penal codes were largely adopted wholesale from New York's Field code. Once a congenial traffic cop told me that he knew the law because he read the California penal code from beginning to end. That’s about 1200 pages of reading. I asked him if he read all the cases that interpret the penal code and render parts of it unconstitutional. He had not read those
