6144 Traffic court speech.
Vmann, do NOT plan to make oral motions. Sure, do MAKE oral motions, but you are way deficient if you neglect to put em in writing!!! Do both. Number them sequentially beginning with 1000. Then you can remind the judge
"Your honor, I took the time to research and write 14 motions and I have them set for 7 different days as you can see in my schedule included in Motion #1003 which is scheduled for next month. I am new to litigation and I cannot possible do 14 motions in one sitting. There are all new to me. Due Process requires that I be given adequate time. Therefore I ask you to now reconsider your sweeping summary denial of 14 motions to which I have dedicated a total of 36 hours over the past 3 weeks. Furthermore, the prosecution has only answered one motion. Failure of the prosecution to answer should be deemed an acquiessence to my other 13 motions unless the prosecutor protests in which case his protestation should be in the form of a response of equal dignity. Equal dignity requires a written response to a written motion. If the prosecutor does not have time to argue legalities with me then I recommend that he choose his battles with greater discretion - because discretion is the better part of valor. Bottom line: I need time and I have a schedule. The U.S. Supreme Court says that I am entitled to Due Process at every stage. Authority Griffin v California where the court said those very words regarding Due Process at every stage.
Here is the linke to Griffin:
http://www.circuitlawyer.8m.com/griffin.html
When you wave your hand scornfully, you scorn not only me butyou scorn the constitution that you previously have sworn to uphold, which brings us to Motion #1008 my quo warranto which challenges your authority and asks you to prove that you have taken the requisite oath. Until this challenge you your jurisdition is resolved, we can go no further. So sayeth the Supreme Court in the 1838 case of Rhode Island v Massachusetts which is at this link: http://www.lawyerdude.netfirms.com/rhode.html
I have also contested the existence of this court, this city, this county, and this state. We can go nowhere until the prosecutor proves the corporate existence and refuted my denial and challenge.
So lets get first things first.
If you will not honor your oath then I will be forced to remove this case to federal court and/or recuse you. I have in my briefcase the papers for both actions - and one for interlocutory appeal of the denial of my demurrer and Suppression motion - which you have denied before I even filed my brief. You will find the notice on every motion that I file; it is my new habit to post concurrent demands and a list of pending motions on every page - just so that you don't forget a motion and move forward without considering the motion.
I have a schedule in this case. It will take 6 months to a year. Your court rules make no provision for a fast track for traffic cases; in doing so, your court denies to process to persons in my situation.
Also, your court sends out notices which is the job of the prosecutor. Your clerks work for the prosecutor. that is a conflict of interest for which I demand a dismissal - as seen in motiont #1012 which is set for March 14.
Also, your pay and that of your staff comes from fines in a case such as mine, as I have stated in the declaration with motion #1014. This violates the neutrality of the court as announced by the Supreme Court in Tumey v Ohio which is at: http://www.lawyerdude.8k.com/Tumey.html
Now, once again, I ask you to undo you summary premature dismissal and permit me to litigate this case in dignity with a judge who honors his promise to uphold the constitution which means you will uphold my civil rights. I rest."
There are at least 3 motions that can be taken up on appeal before trial:
A good litigator should have in in court with him.
1. A pre written ccp 170.6 et seq motion. this is the motion to recuse the judge for prejudice against you.
2. Notice of interlocutory appeal. Interlocutory means "during the locution" so I surmise. It is an exception to the final judgment rule. Judges love to say "so take it up on appeal" but that is not a good answer. You are entitled to DUE PROCESS at every stage - which means that the judge must consider all of your motions and not siplye deny them with a scornful wave of his hand. Authority: Griffin v Illinois. Here is the link: http://www.circuitlawyer.8m.com/griffin.html
3. Complaint for Removal to federal court. I think Pearl mentioned this. A Removal complaint stops everything in its tracks!! Who can show me the federal removal statute. Hint. I think I posted it once. If so maybe you can find it on Google.
Charlie's big fat brag page is here:
http://www.circuitlawyer.8m.com/5695.html
--- In lawyerdude@yahoogroups.com, "Daniel Quackenbush" <dquack@t...> wrote:
> Unlike small claims court, you are entitled to have an attorney represent you in an infraction case, so at my initial appearance I always ask for time to "consult" with and obtain an attorney to represent me (I consult with my attorney friend, just to keep my word!) and specifically say I am going to make a demurrer (thus, I refuse to plead). What usually happens with me is that the judge sets another court date. In the meantime, I can make a written demurrer and other pretrial motions (or writs, etc.)
>
> At the demurrer hearing, technically you have to also orally make the demurrer (but you can submit the argument or points and authorities in writing). After the demurrer is denied, then the judge should set up a trial date. You need time to investigate, find witnesses, subpoena witnesses, conduct discovery, including time to make a motion(s) to compel discovery, etc., etc., and so forth.
> ----- Original Message -----