Richard Wilson                                                                               Reserved for Clerk’s Filing Stamp.

2111 East Santa Fe #274, Olathe Kansas 66062.  

913 302 8693  

wilsonbrandx@yahoo.com

Palaschak: 888 476 8954

Lawyerdude1989@yahoo.com

 

This document is http://www.lawyerdude.netfirms.com/8618.pdf http://www.lawyerdude.netfirms.com/8619.html , http://www.lawyerdude.netfirms.com/8618.doc and http://www.lawyerdude.netfirms.com/8618.wpd

Related documents:

            Motion to Quash: http://www.lawyerdude.netfirms.com/8332.pdf

            Perjurious Complaint: http://www.lawyerdude.netfirms.com/8535.pdf

            Transcript of Previous court session. March 5: http://www.lawyerdude.netfirms.com/8489.html

            Transcript of February 5 court session: http://www.lawyerdude.netfirms.com/8372.html

 

Court of the 6th Judicial District Court of Kansas

Court of Judge Richard Smith

318 Chestnut, Mound City, Kansas 66056

913-795-2660 Fax: 913-795-2004

          Ann Ware, Clerk; Lori Simmons, Deputy Clerk; Christina Chapman, Perjurious Notary Public.
                                                  
http://www.kscourts.org/dstcts/6dstct.htm

 

Clerks Ann Ware and Lori Simmons, having unlawfully 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 People of Kansas”

                                      Plaintiffs

v

Richard Wilson, one of the actual People of Kansas.

                                      Defendant


Case Number 06jTR 947

1nd Substantive Motion for Defendant.

Document #8618 Version 1.002

 

Demand to Strike Perjurious Complaint.

 

Demand to Dismiss.

 

Motion for imprisonment for 1 hour for Contempt of Court against Prosecutor ____ with illegible name and Notary Public Christina Chapman .

 

Demand for $500 from prosecutor for causing me the expense of challenging his defective complaints.

 

Demand for recordation by a stenographic court reporter.

Demand for prompt e-transcript of every hearing by email to my address shown above.

Proof of Service.

Date:    Tuesday 19 June, 2007 

Time:    9 a.m.

Place:   318 Chestnut, Mound City, Kansas



Demand to Strike Perjurious Complaint.

            At the venue designated in the caption or at such other venue as the court shall designate, I will demand the relief set forth in the caption and in more detail below. The prosecution has filed a perjured document. I demand immediate dismissal with prejudice. I demand a fine leveled against the prosecutor and Christina Chapman.

Signed _________________ Richard Wilson. Monday, June 18, 2007.


 

Contents of this Demand to Quash/ Dismiss:

Notice of Concurrent and Upcoming Motions and Demands

Statement of the Case

Procedural Posture

Clerk has unconstitutionally usurped function of prosecutor; Dismissal is my remedy.

Table of Authorities and Fountains of Liberty cited herein:

U.S. Constitutional Clauses Cited herein:

The Kansas Constitution. Clauses cited herein:

Kansas Statutes cited herein:

Treaties cited herein:

Table of Statutes cited herein:

Cases cited herein:

Argument

Proof of Service

Topical Index


 

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.

Statement of the Case

            I was attending a meeting pertaining to the recall of my candidate on the county board. Without probable cause Officer Paul Filla signaled me to stop. Filla intended to intimidate me for my having attended the political meeting. Filla gave me a ticket for driving without a license.

Procedural Posture

On March 5 Judge gave the prosecution 21 days to properly file an actual complaint and serve it on me. On 26 March the clerk filed the blatantly patently perjurious complaint depicted at the following hyperlink: http://www.lawyerdude.netfirms.com/8535.pdf

                    Clerk has unconstitutionally usurped function of prosecutor; Dismissal is my remedy.

              There was no legal basis for this traffic stop/ ticket. Even if there had been a basis for the stop, a prosecutor would be required to make the decision to prosecute - not this clerk. I filed a motion #8332 to Quash on 5 Feb 2007. You can see this motion at http://www.lawyerdude.netfirms.com/8332.pdf The court ruled in my favor on 5 March 2007. That transcript of that March 5 court session can be seen at: http://www.lawyerdude.netfirms.com/8372.html

            I have not yet been arraigned. Reason: The prosecutor has not yet filed a valid complaint. The most recent complaint does not bear the legible name of any prosecutor. This most recent complaint merely proves up perjury on the part of the notary public.

 


 

Table of Authorities and Fountains of Liberty cited herein:


 

U.S. Constitutional Clauses Cited herein:


 

The Kansas Constitution. Clauses cited herein:


 

Kansas Statutes cited herein:


 

Treaties cited herein:


 

Table of Statutes cited herein:


 

Cases cited herein:


 

Argument

            I will not repeat my previous elaborate motion. I hereby incorporate it by reference. That previous motion is depicted at the following hyperlink: http://www.lawyerdude.netfirms.com/8332.pdf

            The sole issue today is this: Will the court permit the prosecution yet another chance to file a valid complaint. The prosecution has filed a defective, perjured complaint. A penalty/ fine is appropriate.

Signed _________________Richard Wilson. Monday, June 18, 2007

Proof of Service

            I, Richard Wilson, served this document upon the prosecutor in open court this day.

I served the clerk at the filing window by personal hand delivery on this day.

 

Signed ______________________ Tuesday 19 June 2007

 


 

Topical Index

Clerks

color of law

complaint 1 2

constitution

constitutional

demand 1 2

demand to strike

driving

evidence

e-transcript

false color of law

fountains of liberty

hearing

intimidate

Kansas 1 2

Kansas constitution

Kansas statutes

Lawyerdude 1 2

liberty

motion to 1 2

motion to quash


Motion to suppress

overbroad

overbroad statute

Palaschak

perjury

pretextual

probable cause

proof of service 1 2

prosecutorial function

province of

province of the elected prosecutor

quash 1 2

remedy

Simmons

statutes 1 2

strike

traffic

traffic stop

transcript 1 2

vague

venue


Wilson 1 2