Charles Alan Couchman Space reserved for Clerk’s Filing Stamp.
1911 Falcon Oaks, Leander, Texas 78641
512-828-6287 Cell Phone: 512-799-3479 Please file stamp this front page and return it by mail
Fax 512 697 9721 in the enclosed self-addressed, stamped
sinless1@ilovejesus.com envelope.
Imported Defense Lawyer 888 476 8954
This document is http://www.lawyerdude.netfirms.com/8555.pdf , http://www.lawyerdude.netfirms.com/8555.html http://www.lawyerdude.netfirms.com/8555.rtf and http://www.lawyerdude.netfirms.com/8555.wpd
Related documents:
Faded illegible ticket: http://www.lawyerdude.netfirms.com/8597.pdf
Hill County Precinct 1, Hillsboro, Texas
John K. Milburn, Justice of the Peace
Box 316, Hillsboro, Texas 76645
254-582-4025
http://www.co.hill.tx.us/ips/cms/countyoffices/justiceOfThePeace.html
http://www.tsha.utexas.edu/handbook/online/articles/HH/hch15.html
Clerk of court, a high school graduate, having unlawfully and unconstitutionally (in violation of her oath of office) usurped the prosecutorial function that is solely the province of the elected prosecutor, dba under false color of law and corrupt legal fiction as “The State of Texas”
v
Charles Alan Couchman,
One of the actual People of Texas,
Case Number
Ticket Number 917309
1st Substantive Motion for Defendant.
Document #8555 Version 1.001
Demand for legible copy of ticket.
Demand to recall any warrants.
Demand for adjournment/ continuance/ postponement of arraignment to consider this motion.
Demand to Quash due to the clerk’s having usurped the power of the prosecutor and for failure to file a complaint.
Demand for recordation by a stenographic court reporter.
Demand for prompt e-transcript of every hearing by email to my address shown above.
Date: No oral hearing is needed; There is no opposition.
Time:
Place: Court of Judge Milburn
. Demand to Quash. Demand to Vacate. Waiver of time.
To Clerk and to John K. Milburn, and the police officer: You have all conspired and usurped the role of the prosecutor by filing a ticket in this case thereby initiating prosecution and bypassing the prosecutorial function: By the motions set forth in detail I hereby demand that the court dismiss this spurious fake prosecution. Not one of you is a prosecutor or lawyer. Not one of you knows the law. Not one of you has taken the time to go to law school. Some of you work for the court; the court’s job is to be a neutral judge - not a prosecutor. The inquisition ended some years ago. You have done the work of the prosecutor and yet you don’t do my work. You should be neutral; you are not. “Equal Protection of the Law” is the law. I waive my right to a speedy trial as necessary to vindicate my legal rights. You should have advised me well; you didn’t. If there were a neutral prosecutor I could have worked this out with him. You may not be both judge and prosecutor.
Signed _________________ Charles Alan Couchman Tuesday, June 5, 2007
Contents of this Demand to Quash/ Dismiss:
Notice of Concurrent and Upcoming Motions and Demands
There was no legal basis for this traffic stop. Traffic rules are merely recommendatory.
Police officer has usurped the clerk’s role.
A ticket can never be a summons.
Table of Authorities and Fountains of Liberty cited herein:
U.S. Constitutional Clauses Cited herein:
List of Clauses from the Colorado Constitution cited herein:
List of Clauses from the Kansas Constitution cited herein:
List of Clauses from the Texas Constitution cited herein:
List of Clauses from the Florida Constitution cited herein:
List of U.S. Supreme Court cases cited herein:
Illinois, California, and other Foreign Constitutions rightfully cited herein:
Table of California Statutes cited herein:
List of California state cases cited herein:
Argument. Memorandum of Points and Authorities.
Clerk has unconstitutionally usurped function of prosecutor; Dismissal is my remedy.
My constitutional right to a remedy.
Under U.S. Constitution IV, 2, I am entitled to Georgia, Illinois, and California rights
I am entitled to utilize the constitutional concepts expressed in foreign constitutions.
Fountains of Liberty: Magna Charta, 1948 Universal Declaration of Human rights.
I am a beneficiary of the rights declared by the California constitution.
The clerk and judge have usurped the prosecutorial function; that is wrong. Dismissal is the remedy.
A defendant may appear by motion - by paper.
Permitting Police to Summon me to court denies Equal Protection Under the Law
You are Equitably Estopped from Presuming a Waiver of Jurisdictional Challenge.
You may not serve me a summons in court; that would constitute a benefit from your wrongdoing.
Pleadings of Pro Se Litigants must be given some leeway
Special Scrutiny and Prosecution for those who know the law denies equal protection.
Appendix: Brief Biography of Attorney Douglas Palaschak
Appendix: Kansas Bill of Rights
Appendix: Lawyerdude’s Sanitized Bill of Rights of Texas. Part of the Texas Constitution.
Appendix: Sample state Bill of Rights. Excerpts from the Florida Bill of Rights.
Notice of Concurrent and Upcoming Motions and Demands
1. I will be filing a motion to suppress all evidence in this case.
2. Regarding the Pretextual Stop using the instrument of a vague and overbroad statute, I will be challenging the statute should that issue arise. All traffic laws are merely recommendatory. Otherwise the statutes would be oppressive. I will be moving in that regard.
I was ticketed in a pretextual traffic stop at around 11 pm on Monday 29 January, 2007. There was no probable cause for the traffic stop. Officer T Ballew gave me a ticket falsely alleging that my speed was 75 in a 65.
The handwriting on the ticket is illegible. The ticket is faded. I have uploaded a picture of the ticket a the following hyperlink: : http://www.lawyerdude.netfirms.com/8597.pdf
The ticket does not designate under whose authority this uniformed officer acts.
The clerk has invaded the exclusive province of the prosecutor as set forth more fully in my memorandum of authorities below.
There was no legal basis for this traffic stop. Traffic rules are merely recommendatory.
There was no legal basis for this traffic stop/ ticket. Traffic rules are there to prevent accidents and to assist in determining causation/ liability/ blame in the event of a car crash.
Even if there were a basis for the stop, a prosecutor would be required to make the decision to prosecute - not this clerk. A prosecutor would have an ethical duty to reject this case. However, the clerk, being uneducated in the law violates my rights when she usurps the prosecutorial role as she has done here. Furthermore the clerk is biased in this case by loyalty to her employer. Money from my fine would be added to the fund that pays her. She has thereby caused the court to be unconstitutionally biased. See for example: Tumey v Ohio (1927) 273 U.S. 510. In this prohibition era case, the city received $5 for each conviction. The Tumey case can be see at: http://www.lawyerdude.8k.com/Tumey.html
Police officer has usurped the clerk’s role.
There has been a reciprocal usurpation. Ironically the police officer usurped the clerk’s function which is to summon people to court only after there is a case filed by a duly authorized person. There was no such complaint/ case when the usurpatious officer issued the faux, spurious summons/ ticket to me appear in court. My remedy is this motion to Quash.
To this date, I have been served neither a valid summons nor a verified complaint. I therefore demand dismissal. I demand that this court recognize that I have neither been properly summoned to court nor properly prosecuted by an authorized prosecutor. Instead a mere police officer performed the legal nullity of serving me a substitute for a summons. The officer has no authority to summon me to court; issuance of a summons is the duty of the clerk. The officer may not ordain himself a clerk even if the legislature so deems.
The clerk, who would ordinarily issue summonses, now elevates herself to the position of prosecutor by prosecuting this case without the requisite legal formality of a complaint signed by a complaining party/ witness. This is classic stealthy incessant encroachment. Only a prosecutor may lawfully file a complaint. The clerk may not ordain herself to the status of prosecutor.
Usurpation denies me Due Process. Both the federal and Kansas constitution guarantee me due process.
By stealthy encroachment our oppressive governments encroach. Corporations including governments enjoy eternal life and infinite wealth. They tell the lie over the course of generations. My children do not know the lie that the government told my parents. This truth about the lie is most obvious regarding income taxes. They were sold to Americans around 1909 as a tax that would never tax the wages of the working man. Example 2: In 1903 the federal government usurped the power of our various state militias by creating the National Guard and seizing control of the militias by co-opting/ incorporating them.
Every court wants to be a profit center. They incorrectly claim to be working for the greater good but they are not. Like all corporations they exist to serve their own; they thus create “the governing class” which is a parasitic class. Traffic tickets are the bite of these parasites. The city justifies traffic tickets as a means to raise revenue. In New Orleans the Public Defender is paid from revenue from parking meters.
In American the individual is king. Primacy of the individual human was once our mantra. All the aforementioned usurpations are destructive of our great country.
So now we have a dynamic tension: the struggle between the individual human and the corporate/ government for hegemony. Today the various governments have sent hither swarms of Officers to harass our people and steal our wealth by the instrument of institutionalized highway robbery. The overlord always sets up toll gates and other methods of plundering the wealth of the land. This instrument of oppression was one of the offenses that triggered our early revolution: Declaration of Independence: “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.”
This will not stand.
My legal argument is set forth below in my Memorandum of Legal Authorities.
Charles Alan Couchman. Monday, June 25, 2007.
Declaration of Expert Attorney Douglas Palaschak regarding Traffic Court Abuses, Methodology, Corruption, and Systemic Denial of Due Process - especially in Texas.
I, Attorney Douglas Palaschak, declare the following under penalty of perjury:
My biography is appended hereto. I have been a lawyer for nearly a quarter century.
For over a quarter century I have studied the tactics and methodology of traffic courts. They are instruments of oppression. Over half of my work consists of writing motions for traffic court. I see the same patterns in nearly all the 50 states.
Your system treats citizens as your subjects and Hillsboro, Texas, as your fiefdom. Feudalism is a natural thing - like warts. As civilized people we rise above the medieval cruelty that was feudalism.
For years Ventura, California, showed a video that contained blatant lies about your rights. In particular they said there were 3 pleas; there are 6. They ignored the demurrer. Texas courts have no video.
All California courts prosecute insurance tickets even in the absence of an accompanying citation on the same paper - in violation of statute.
Police court retains the vestiges of both feudalism and the Inquisition. Proof: “Mr. Smith, you are accused of going 50 in a 35. How do you plead.” Mr. Smith never thinks to ask “Who accuses me?” It is obvious: the court accuses you! When the court is the accuser and the judge, then the system is Inquisitorial and not Adversarial. Such is this police court of Mount Vernon. Masquerading under the euphemism of “municipal court” changes nothing. This is military power used unconstitutionally against
the people.
A ticket can never be a summons.
A summons is required for the court to gain jurisdiction. A summons is a notification from the court addressed to the defendant in a pending case. A ticket is never a summons despite the intentions of the legislature. When a person write a ticket there is no pending case. There will be no pending case until a prosecutor has made a decision to prosecute. Then the prosecutor files a complaint. Only then is a summons possible. There is then a pending case. I would then have the opportunity to settle the case with the prosecutor. Most traffic courts today permit the clerk to usurp power and prosecute the case. This practice is unconstitutional. It is an example of denial of equal protection. The clerk has demonstrated a bias for the prosecution. Also, the clerk is paid by the money earned by the ticket that she prosecutes.
Your pretext for prosecuting this defendant is violation of a license. The license is a legal fiction. We are each entitled to use the roads! It is only by incessant stealthy encroachment that the police state now treats the roads as its private fiefdom. The right to use the highway has been eroded and diminished until today it is no longer a right of the people but a franchise of the state.
The police power stems from a medieval concept of questioning every stranger. The police court has been an instrument of institutional oppression. Your name has now been changed to the euphemism of “municipal court” but the game remains the same. Your name change is part of your institutional deceit.
You are a mockery to justice.
No. This will not stand.
Signed by Charles Alan Couchman for and with Special Permission of Palaschak _____________________. Monday, June 25, 2007.
Table of Authorities and Fountains of Liberty cited herein:
U.S. Constitutional Clauses Cited herein:
Article IV, Section 2.: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 1 2
Commerce Clause/ interstate commerce 1
Due Process Clause 1
Equal protection clause of the 14th amendment 1
Griffin v Illinois (1956)100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055 I have a right to a transcript even if I cannot afford one. http://www.circuitlawyer.8m.com/griffin.html 1 2
Haines v Kerner (1972) 404 U.S. 519 (1972) Http://www.lawyerdude.netfirms.com/haines.html 1 Pleadings of Pro Se litigants are entitled to some leeway. Haines v Kerner (1972) 404 U.S. 519 (1972) Http://www.lawyerdude.netfirms.com/haines.html 2 This ruling is consistent with statutes in nearly all jurisdictions. The law is not a trap for the unwary. For every wrong there is a remedy. 3
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. - Privilege and Immunities Clause of the 14th amendment. 1
List of Clauses from the Colorado Constitution cited herein:
§6. Equality of justice. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury to person, property or character; and right and justice should be administered without sale, denial or delay. - Colorado constitution. 1
List of Clauses from the Kansas Constitution cited herein:
Kansas Bill of Rights is appended hereto. 1
Kansas Constitution contains no Due Process Clause - and yet I have a right to due process - even if it is not written into the federal constitution. It is a constitutional concept. We remember the ancient common law. Forty-nine other state constitutions accrue to my benefit. Also, I rely on the common law since the Norman Conquest of 1066. http://en.wikipedia.org/wiki/Norman_Conquest 1 2
§ 15. “Search and seizure. The right of the people to be secure in their persons and property against
unreasonable searches and seizures shall be inviolate; and no warrant shall issue but on probable cause,
supported by oath or affirmation, particularly describing the place to be searched and the persons or
property to be seized.” This is identical to the U.S. constitution at the 4th amendment.
1
List of Clauses from the Texas Constitution cited herein:
Bill of Rights of Texas is appended to this brief. 1
§ 3 of the Bill of Rights of Texas. “ All free men when they form a social compact have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.” This clause applies to all people in every state by the terms of the U.S. Constitution as follows: Article IV, section 2: “The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” 1
List of Clauses from the Florida Constitution cited herein:
Florida Bill of Rights. Excerpts are reprinted in the Appendix. 1
Florida constitution Art. 1, section 21. guarantees my right to a remedy: Art. 1, section 21. Access to courts- The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay. - Florida Bill of Rights. 1
List of U.S. Supreme Court cases cited herein:
Bell v Burson (1971) 402 US 535, 29 L Ed 2d 90, 91 S Ct 1586,
http://www.circuitlawyer.8m.com/Burson.html 1 http://www.lawyerdude.netfirms.com/bursonb.html 2
3
MLB v SLJ (1996) 519 US 102; 117 S Ct 555; 136 L Ed2d 473 http://www.circuitlawyer.8m.com/mlb.html 1 Right to a free transcript even in some civil cases. 2
Norton v Shelby County, Tennessee (1886) 118 U.S. 425 . “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.”
http://www.lawyerdude.netfirms.com/norton.html 1
2
Tumey v Ohio (1927) 273 U.S. 510. In this prohibition era case, the city received $5 for each conviction. http://www.lawyerdude.8k.com/Tumey.html 1 The clerk has usurped the prosecutorial function - for profit. 2
U.S. v Gonzalez-Lopez 2005-352. Decided 2006. http://www.lawyerdude.netfirms.com/8345.html 1 2
Treaty. 1948 Universal Declaration of Human Rights“Article 20(2) No one may be compelled to belong to
an association.” http://www.lawyerdude.netfirms.com/8213.html 1 This treaty, the 1st amendment, the 6th,
and the 14th amendments preclude the regulation of the practice of law by non-government lawyers.
2
Illinois, California, and other Foreign Constitutions rightfully cited herein:
California constitution: Section 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. http://www.leginfo.ca.gov/.const/.article_1 1 http://www.leginfo.ca.gov/const-toc.html 2 3
Illinois constitution. Section 6. Searches, Seizures, Privacy, and Interceptions: The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized. 1
Illinois Constitution. Section 1. Inherent and Inalienable Rights: All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. 1
Illinois Constitution: Section 2.Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws. 1
Table of California Statutes cited herein:
PC 949. The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law. 1
Penal Code§ 740 states as follows: Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. 1
List of California state cases cited herein:
People v Dragomir Feb 14, 2006 http://www.lawyerdude.netfirms.com/Dragomir.html 1 2
People v Carlucci 1979 http://www.lawyerdude.8k.com/Carlucci.htm 1
http://www.lawyerdude.netfirms.com/carlucc.html 2 3
People v Kurt Albert Stapf (1999) http://www.lawyerdude.netfirms.com/8289.html 1 Only the duly elected prosecutor or attorney general may prosecute. 2
People v. Municipal Court (Real Party: Pellegrino) (1972)
http://www.lawyerdude.netfirms.com/8453.html 1 27 CA3d 193 (Ventura). In Pellegrino a Ventura judge
appointed a local lawyer to prosecute after the prosecutor declined to prosecute. The court of appeal
ruled that the special prosecutor was unconstitutional. See also the Stapf case herein.
2
http://en.wikipedia.org/wiki/Norman_Conquest Story of the Norman Conquest
.
Argument. Memorandum of Points and Authorities.
Clerk has unconstitutionally usurped function of prosecutor; Dismissal is my remedy.
The clerk may not initiate prosecution. She has done so in this case. Only the duly elected prosecutor may initiate a criminal prosecution. The court may not initiate prosecution. Neither may the court appoint someone to prosecute. Only the duly elected prosecutor or the attorney general may prosecute a criminal case. This is the holding of People v. Municipal Court (Real Party: Pellegrino) (1972) http://www.lawyerdude.netfirms.com/8453.html 27 CA3d 193 (Ventura). In Pellegrino a Ventura judge appointed a local lawyer to prosecute after the prosecutor declined to prosecute. The court of appeal ruled that prosecution by the special prosecutor was unconstitutional.
The concept/ rule of “ exclusive province “ was reaffirmed in People v Kurt Albert Stapf (1999) http://www.lawyerdude.netfirms.com/8289.html .
My constitutional right to a remedy.
I have a right to a remedy. Thirty-five states include a “right to a remedy” in their constitution. Colorado is one such state. The list is at the following hyperlink: Constitutional Right to a Remedy http://www.lawyerdude.netfirms.com/8428.html
The Colorado constitution guarantees my right to a remedy for the clerk’s usurpation:
§ 6. Equality of justice. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury to person, property or character; and right and justice should be administered without sale, denial or delay. - Colorado constitution.
Other state constitutions proclaims a right to a remedy:
Art. 1, section 21. Access to courts- The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay. - Florida Bill of Rights.
You can’t take away a driver license without a hearing. That’s what the Supreme Court said: Bell v Burson (1971) 402 US 535, 29 L Ed 2d 90, 91 S Ct 1586, http://www.circuitlawyer.8m.com/Burson.html http://www.lawyerdude.netfirms.com/bursonb.html . Therefore the purported suspension by a mere high school graduate was void ab initio.
This void act was a legal nullity. Norton v Shelby County, Tennessee (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.” - The U.S. Supreme Court in Norton v Shelby (1886)
A void act does not become valid by the running of time.
My right to a transcript even if I cannot afford one is guaranteed by the Due Process and Equal Protection clauses of the U.S. Constitution. The Supreme court ruled so in Griffin v Illinois (1956)100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055 http://www.circuitlawyer.8m.com/griffin.html . The Supreme Court reaffirmed that right even in some civil cases in 1996. MLB v SLJ (1996) 519 US 102; 117 S Ct 555; 136 L Ed2d 473 http://www.circuitlawyer.8m.com/mlb.html
The state constitution and the 7th amendment guarantee my right to a jury trial.
My right to counsel of choice is guaranteed also. The Supreme Court ruled on this in 2006 in the case of U.S. v Gonzalez-Lopez 2005-352. Decided 2006. http://www.lawyerdude.netfirms.com/8345.html
Under U.S. Constitution IV, 2, I am entitled to Georgia, Illinois, and California rights.
Under the constitutional concept of “dual federalism” we are all beneficiaries of at least two constitutions, to wit: state and federal.
The federal constitution and the common law invest us with additional rights as follows:
I am entitled to utilize the constitutional concepts expressed in foreign constitutions.
All people in all states, including Washington, are entitled to the rights of Californians, except the right to vote in California state and local elections, which, or course, is reserved to California citizens. That is why I cite California law herein.
U.S. Constitution: Article IV, Section 2.: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
The officer violated the Privileges and Immunities Clause of the 14th amendment which states:
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. - Privilege and Immunities Clause of the 14th amendment.
Application: Kansas Constitution contains no Due Process Clause - and yet I have a state constitutional right to due process.
Fountains of Liberty: Magna Charta, 1948 Universal Declaration of Human rights.
We struggle to “find” the law. Example: A lawyer need not change his bar license upon entering a sister state. Once he has passed his test he has proven himself. Compulsion to join the compulsory bar violates the compulsory association clause of the 1948 Universal Declaration of Human rights
“Article 20(2) No one may be compelled to belong to an association.” - Treaty. 1948 Universal Declaration of Human Rights. http://www.lawyerdude.netfirms.com/8213.html
Likewise a driver need not register himself at every state border. Neither should a statute require that I re-register my car upon residing in a state more than 60 days or whatever that state requires. Such a requirement violates so very many clauses in the various fountains of liberty. Example: To do so imposes an undue burden on interstate commerce. Both lawyers and drivers are subjected to ever tightening reigns of state governments. Governments by stealthy encroachment over the course of generations seek to fatten the corporate bureaucracies and extract greater percentages of the wealth of the citizenry which they view as their subjects. In the beginning we sought government to provide law and order - not to enslave and rule us. Consider the portentous words of “our” Illinois constitution. By terms of the U.S. constitution, we free people of every state are beneficiaries of the liberating clause of the constitutions of Illinois and California as well as our own. We have 51 fountains of liberty from which to drink:
Illinois Constitution. Section 1. Inherent and Inalienable Rights: All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. - Illinois Bill of Rights.
There are 50 state constitutions. It is interesting to compare them and investigate their derivation. Consider the flowery language of the first paragraph of the California Constitution which is constantly under attack by Republicans shaming Lincoln and attempting to curtail our rights by, for example, limiting our own search prohibition so that it is no stronger than the 4th amendment. Here is that first flowery meaningless clause:
California constitution - same as Ohio constitution: Section 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. http://www.leginfo.ca.gov/const-toc.html
I am a beneficiary of the rights declared by the California constitution.
I was exercising my California defined Section 1 rights as a free and natural human when the police officer unconstitutionally violated my rights to enforce his institutional corporate prejudice against drivers. My remedy is dismissal. Do it.
“Our” Illinois constitution forbids unwarranted searches.
Illinois constitution. Section 6. Searches, Seizures, Privacy, and Interceptions: The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.
I have addressed the search issue in a concurrent motion listed at another section in this brief.
The clerk and judge have usurped the prosecutorial function; that is wrong. Dismissal is the remedy.
This argument is based on the Due Process Clause of the U.S. constitution.
This argument is based on independent state grounds. The Illinois constitution makes it sound as though we created the government to serve us, not to govern us:
Illinois Constitution: Section 2.Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.
By stealthy encroachment over the course of generations, all governments and other corporations encroach upon the personal freedoms of humans. The human lives only 75 years. The father fails to warn the grandchild of the lies of the corporation. The lie remains unchallenged generations later due to human ignorance and mortality. The immortality of the corporation gives the government opportunity to encroach as such a speed as to be imperceptible by a single generation of humans.
The summons was originally a document issued by a civil court only after the civil prosecutor had made a decision to prosecute. As the court corporations became fatter they ordered the litigants: “write our summonses and bring them to use for signature”. Their fellow government minions in the legislature wrote the corresponding rules.
Then the courts saw the money flow and realized that they should promote the traffic ticket game by processing the tickets without a prosecutor.
The court recognized the power it wields in criminal case. If they converted a civil action into a criminal action they could then change their posture to an inquisitorial posture.
This is unconstitutional. The remedy is dismissal. Only a prosecutor can prosecute a criminal offense. This is not an administrative tribunal. If it were, there would be a hearing officer or administrative law judge.
This group of people operating the traffic court is in violation of the Texas constitution. § 3. All free men when they form a social compact have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
The traffic court provides no service. It is an exercise in feudalism. They view us as their serfs. They view the county as their fiefdom.
Citizens of every state are entitled to the benefits given by the Texas constitution. The leveling clause of U.S. constitution requires that we all have the same rights:
U.S. Constitution. Article IV. Section 2: “The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”
The prosecution may not constitutionally be done without any prosecutor unless the defendant pleads guilty - and even then the plea is subject to withdrawal at any time because the court has no jurisdiction unless the prosecutor prosecutes. To the extent that the following cases take a less generous stand, they are mistaken. People v Carlucci 1979 http://www.lawyerdude.8k.com/Carlucci.htm http://www.lawyerdude.netfirms.com/carlucc.html People v Dragomir Feb 14, 2006 http://www.lawyerdude.netfirms.com/Dragomir.html
A defendant may appear by motion - by paper.
I need not appear in person but may appear by written motion. I have not signed any agreement to appear. The police officer has no authority to issue such a command! The judicial branch may not delegate its authority to a member of the executive branch including an employee police officer. A warrant may only issue upon probable cause and it must be signed by a magistrate! Authority: 4th amendment and section 15 of the Kansas Bill of Rights:
§ 15. Search and seizure. The right of the people to be secure in their persons and property against unreasonable searches and seizures shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.
The ticket is no kind of summons. To call it a summons is to redefine fundamental terms in the middle of the game. This denies me due process. Changing the terms is a common instrument of oppression. See the entire list of Modern Day Instruments of Oppression at:
http://www.lawyerdude.8k.com/5724.html
Permitting Police to Summon me to court denies Equal Protection Under the Law
When I want to sue the police I must jump through the hoops of a summons and complaint and filing fee. Conversely when he wants to “sue” me he uses his ticket book. Then the clerk prosecutes for him. Wouldst that my lawsuits against the police were that quick and easy. That difference denies me equal protection under the law. Your process violates the equal protection clause of the state constitution and the 14th amendment. My remedy is dismissal. Do it.
The Legislature may not give Police the Power to Summon and may not give Clerks the power to prosecute.
Penal Code§ 740 states as follows:
Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant.
PC § 949 states as follows:
The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law. - PC 949
All criminal law follows the ancient common law. The statute merely codifies and distills what is already the law.
You are Equitably Estopped from Presuming a Waiver of Jurisdictional Challenge.
You have no jurisdiction over me until a prosecutor files a complaint. There is no controversy. The police and clerk may not prosecute.
You may not serve me a summons in court; that would constitute a benefit from your wrongdoing.
The officer could not give me a summons. No man shall be permitted to benefit from his wrong. You may not now serve me in court; nor may you order me to appear. To do so would violate the equal protection and due process clauses of the federal and state constitutions by making it easier for the government employee and harder for me to gain access and use the court.
Pleadings of Pro Se Litigants must be given some leeway
Pleadings of Pro Se litigants are entitled to some leeway. Haines v Kerner (1972) 404 U.S. 519 (1972) Http://www.lawyerdude.netfirms.com/haines.html This ruling is consistent with statutes in nearly all jurisdictions. The law is not a trap for the unwary. For every wrong there is a remedy.
Special Scrutiny and Prosecution for those who know the law denies equal protection.
You may not now subject me (and only me) to prosecution by a prosecutor. To do so would punish me with special scrutiny for having performed this public service as a Private Attorney General. Though your purpose be masked as efficiency it is in truth mere corruption and fraud. You must dismiss my case now.
Signed _________________ Charles Alan Couchman. Monday, June 25, 2007.
I,Charles Alan Couchman, served this document in open court. No service on the prosecutor is necessary because no prosecutor has appeared in writing in this case. Circle on of the following: I mailed this to the court on this day . I served the clerk in court hand delivery in court on this day .
Signed ______________________Charles Alan Couchman. Date of service: ____________.
Appendix: Brief Biography of Attorney Douglas Palaschak
This subdocument is http://www.lawyerdude.netfirms.com/bio33.html
I, Douglas Palaschak, declare the following under penalty of perjury: 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 Hal9000 of 2001, A Space Odyssey. There I was an honors student. I marched in “The Marching Illini”,the world’s undisputed Premiere Marching Band. John Philip Sousa said that we were the best. I began my career as a Registered Professional Engineer. I 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 tended to prove 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 have published approximately 1200 legal articles on the internet. My areas of expertise are:
Licenses, Rights, and Privileges, and their use as Instruments of Oppression,
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.
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. My proudest accomplishment is having found a mistake in the sheet music for Debussy’s Clair De Lune. Warner Brothers republished their Debussy book. Here is their letter in that matter: http://lawyerdude.8m.com/Warnerletter.jpg I have been feature on The Love Connection, Hard Copy, and Inside Edition.
My heroes are Williams Kunstler http://www.lawyerdude.netfirms.com/kunstler.html Stephen Yagman http://www.circuitlawyer.8m.com/yagman.html , and Melvin Belli. Kunstler was sentenced to 4 years and 13 days in jail for his zealous advocacy. He won on appeal. Yagman was suspended for 2 years for having accused Judge Real of being a drunk. He won on appeal. Belli was whacked by the California bar for having done a TV spot for his favorite wine.
Appendix: Kansas Bill of Rights
http://skyways.lib.ks.us/KSL/ref/constitution/rights.html
§ 1. Equal rights. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.
§ 2. Political power; privileges. All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges or immunities shall ever be granted by the legislature, which may not be altered, revoked or repealed by the same body; and this power shall be exercised by no other tribunal or agency.
§ 3. Right of peaceable assembly; petition. The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances.
§ 4. Bear arms; armies. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.
§ 5. Trial by jury. The right of trial by jury shall be inviolate.
§ 6. Slavery prohibited. There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted.
§ 7. Religious liberty. The right to worship God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend or support any form of worship; nor shall any control of or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualification shall be required for any office of public trust, nor for any vote at any elections, nor shall any person be incompetent to testify on account of religious belief.
§ 8. Habeas corpus. The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion.
§ 9. Bail. All persons shall be bailable by sufficient sureties except for capital offenses, where proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
§ 10. Trial; defense of accused. In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of the witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.
§ 11. Liberty of press and speech; libel. The liberty of the press shall be inviolate; and all persons may freely speak, write or publish their sentiments on all subjects, being responsible for the abuse of such rights; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted.
§ 12. No forfeiture of estate for crimes. No conviction within the state shall work a forfeiture of estate.
§ 13. Treason. Treason shall consist only in levying war against the state, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the overt act, or confession in open court.
§ 14. Soldiers' quarters. No soldier shall, in time of peace, be quartered in any house without the consent of the occupant, nor in time of war, except as prescribed by law.
§ 15. Search and seizure. The right of the people to be secure in their persons and property against unreasonable searches and seizures shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.
§ 16. Imprisonment for debt. No person shall be imprisoned for debt, except in cases of fraud.
§ 17. Property rights of citizens and aliens. No distinction shall ever be made between citizens of the state of Kansas and the citizens of other states and territories of the United States in reference to the purchase, enjoyment or descent of property. The rights of aliens in reference to the purchase, enjoyment or descent of property may be regulated by law.
§ 18. Justice without delay. All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay.
§ 19. Emoluments or privileges prohibited. No hereditary emoluments, honors, or privileges shall ever be granted or conferred by the state.
§ 20. Powers retained by people. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated remain with the people.
Appendix: Lawyerdude’s Sanitized Bill of Rights of Texas. Part of the Texas Constitution.
This document is http://www.lawyerdude.netfirms.com/8632.html
I have removed some bullshit (Texas aphorism/ colloquialism) and useless clauses.
Article1. Bill of Rights.
That the general, great and essential principles of liberty and free government may be recognized and established, we declare:
§ 2. All political power is inherent in the people and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
§ 3. All free men when they form a social compact have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
§ 5. No person shall be disqualified to give evidence in any of the courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
§ 8. Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers investigating the conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases.
§ 9. The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation.
§ 10. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him and to have a copy thereof. He shall not be compelled to give evidence against himself. He shall have the right of being heard by himself or counsel or both; shall be confronted with the witnesses against him; and shall have compulsory process for obtaining witnesses in his favor. And no person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger.
§ 11. All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found, upon examination of the evidence in such manner as may be prescribed by law.
§ 12. The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual.
§ 13. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law.
§ 14. No person, for the same offense, shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense after a verdict of not guilty in a court of competent jurisdiction.
§ 15. The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency.
§ 16. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts shall be made.
§ 17. No person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and, when taken, except for the use of the State, such compensation shall be first made, or secured by deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature or created under its authority shall be subject to the control thereof.
§ 18. No person shall ever be imprisoned for debt.
§ 19. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
§ 20. No citizen shall be outlawed; nor shall any person be transported out of the State for any offense committed within the same.
§ 24. The military shall at all times be subordinate to the civil authority.
§ 26. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed; nor shall the law of primogeniture or entailments ever be in force in this State.
§ 29. To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Appendix: Sample state Bill of Rights. Excerpts from the Florida Bill of Rights.
http://en.wikipedia.org/wiki/Florida_Constitution
SECTION 1. Political power.--All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.
SECTION 2. Basic rights.--All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.
History.--Am. S.J.R. 917, 1974; adopted 1974; Am. proposed by Constitution Revision Commission, Revision No. 9, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 5. Right to assemble.--The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances.
SECTION 9. Due process.--No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.
History.--Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 10. Prohibited laws.--No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.
SECTION 11. Imprisonment for debt.--No person shall be imprisoned for debt, except in cases of fraud.
SECTION 12. Searches and seizures.--The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.
History.--Am. H.J.R. 31-H, 1982; adopted 1982.
SECTION 13. Habeas corpus.--The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.
SECTION 14. Pretrial release and detention.--Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.
History.--Am. H.J.R. 43-H, 1982; adopted 1982.
SECTION 15. Prosecution for crime; offenses committed by children.--
(a) No person shall be tried for capital crime without presentment or indictment by a grand jury, or for other felony without such presentment or indictment or an information under oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial.
(b) When authorized by law, a child as therein defined may be charged with a violation of law as an act of delinquency instead of crime and tried without a jury or other requirements applicable to criminal cases. Any child so charged shall, upon demand made as provided by law before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law.
SECTION 16. Rights of accused and of victims.--
(a) In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties the trial will take place. Venue for prosecution of crimes committed beyond the boundaries of the state shall be fixed by law.
(b) Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.
History.--Am. S.J.R. 135, 1987; adopted 1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 17. Excessive punishments.--Excessive fines, cruel and unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. The death penalty is an authorized punishment for capital crimes designated by the legislature. The prohibition against cruel or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the United States Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United States Constitution. Any method of execution shall be allowed, unless prohibited by the United States Constitution. Methods of execution may be designated by the legislature, and a change in any method of execution may be applied retroactively. A sentence of death shall not be reduced on the basis that a method of execution is invalid. In any case in which an execution method is declared invalid, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method. This section shall apply retroactively.
History.--Am. H.J.R. 3505, 1998; adopted 1998; Am. H.J.R. 951, 2001; adopted 2002.
SECTION 18. Administrative penalties.--No administrative agency, except the Department of Military Affairs in an appropriately convened court-martial action as provided by law, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law.
History.--Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 19. Costs.--No person charged with crime shall be compelled to pay costs before a judgment of conviction has become final.
SECTION 21. Access to courts.--The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.
SECTION 22. Trial by jury.--The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.
SECTION 23. Right of privacy.--Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.
Attorney Douglas Palaschak
1 2
citizens in the several states
1 2
clause of the state constitution
constitutional right to a remedy
exclusive province of the prosecutor
institutionalized highway robbery
instruments of oppression 1 2 3
life, liberty, and the pursuit of
happiness
province of the elected prosecutor
unconstitutional act is not a law
