Resist the police/ prison industry ! Here's how!

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pokerkid
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Posts: 7781

Resist the police/ prison industry ! Here's how!

Post#1 » Sun Apr 15, 2007 1:20 am

Be sure to check out the home page, too. Kirk

esist the police/ prison industry ! Here's how!

This is awesome.

www.lawyerdude.netfirms.com/8457.html#TOC1_124

Rich Martin

Walk for the Cure -- http://www.acsevents.org/relay/rochester/mommy2kota
----------------------------------------------





=============

Lawyerdude's Book #1. Document 7655. Version 8.100

Criminal Defense Forms for Malum Prohibitum Statutes. Resist the
incessant stealthy encroachment of the police/ prison industry !
Pre-Trial Forms and Legal Philosophy: How to win your traffic, drug,
sex, or other malum prohibitum case before trial - and how to appeal the
legal issues before trial.

Copyright 2007. Lawyerdude. Lawyerdude is a trademark and service mark
of Attorney Douglas Palaschak

Box 678, Merlin, Oregon 97532. Fax 805 830 5156. Voice: 888 476 8954.
Lawyerdude1989@yahoo.com


Click on the following link to buy my book:

http://www.lawyerdude.netfirms.com/8458.html
/www.lawyerdude.netfirms.com/8458.html>



/www.lawyerdude.netfirms.com/7930.html>
/www.lawyerdude.netfirms.com/7930.pdf>

[angy5yearoldboygivingfinger.jpg]


Our fat governments incessantly strive to take away our
fundamental liberties and sell them back to us as permits and licenses.
Monopolies are oppressive. The richest guy in the world got rich by a
monopoly. So did #2 and #3. 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 living employed by our
fat government agencies even if that employment is indirect.

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 new malum
prohibitum crimes. These crimes are not 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 the 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 ave
merely done something that is malum prohibitum. You have fallen pre
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. The bad guys in your
case are the police. They are committing institutional barratry.

Table of Contents:
Subdocument #7434 : What I need from you in order for me to win your
case: /www.lawyerdude.netfirms.com/8457.html#TOC1_1>
How to Get Started Working with Lawyerdude
/www.lawyerdude.netfirms.com/8457.html#TOC1_2>

police reports /www.lawyerdude.netfirms.com/8457.html#TOC2_1>

Chronology. /www.lawyerdude.netfirms.com/8457.html#TOC2_2>

List of Players. /www.lawyerdude.netfirms.com/8457.html#TOC2_3>

Money. You can use your debit/ credit card
/www.lawyerdude.netfirms.com/8457.html#TOC2_4>

How to Use this book:
/www.lawyerdude.netfirms.com/8457.html#TOC1_3>

People Just Want Good Court Papers!
People say:
"If only I had somebody to write this for me!" Well now you do!
/www.lawyerdude.netfirms.com/8457.html#TOC2_5>

Brief Autobiography of Attorney Douglas Palaschak
/www.lawyerdude.netfirms.com/8457.html#TOC1_4>

Multiple Choice: In your case now before the court which TV show should
you use as the paradigm, the model on which to base your defense ?
A. "Law and Order." B. "Famous Negroes with California
Lawyers". /www.lawyerdude.netfirms.com/8457.html#TOC1_5>

Lesson: Always demand the O. J. standard - and Lawyerdude standard #5635
! /www.lawyerdude.netfirms.com/8457.html#TOC2_6>

My standard #5635 is included in this book; use standard #5635 to
demand good performance from your public defender..
/www.lawyerdude.netfirms.com/8457.html#TOC1_6>

Question #2: If you get a traffic ticket or are otherwise accused of a
crime, the best court to use to win your case is:
/www.lawyerdude.netfirms.com/8457.html#TOC1_7>

Question #3: Where/When is your case best and most easily/ effectively
won? /www.lawyerdude.netfirms.com/8457.html#TOC1_8>

Here is the flow chart for the Lawyerdude Pre-trial Paradigm.
/www.lawyerdude.netfirms.com/8457.html#TOC1_9>

Loser Flow Chart: Don't do this. This is the Public Defender
Paradigm /www.lawyerdude.netfirms.com/8457.html#TOC1_10>

About the title. Our age in time. The age of rebellion against the
police prison industry.
/www.lawyerdude.netfirms.com/8457.html#TOC1_11>

The key elements to winning your case before trial are
/www.lawyerdude.netfirms.com/8457.html#TOC1_12>

Dedications: To 2 superb teachers: Sherwood Jackson and Professor David
Harrell /www.lawyerdude.netfirms.com/8457.html#TOC1_13>

Dedications: To Roger Sutton who gave me the name "Lawyerdude"
/www.lawyerdude.netfirms.com/8457.html#TOC1_14>

Dedications: To Charlie Sprinkle - My First Successful Pro Se Litigant.
2002 Litigator of the Year!
/www.lawyerdude.netfirms.com/8457.html#TOC1_15>

The Reason for this book: Ron Fox. Sending briefs by internet to the
jail law library. /www.lawyerdude.netfirms.com/8457.html#TOC1_16>

Tell me what you need from this book.
/www.lawyerdude.netfirms.com/8457.html#TOC1_17>

Fifty states conspire to control your driving by a driver license: One
gives you a passport that the others honor.
/www.lawyerdude.netfirms.com/8457.html#TOC1_18>

Fifty states conspire to control lawyering by a lawyer license: One
gives you a passport that the others honor.
/www.lawyerdude.netfirms.com/8457.html#TOC1_19>

Licenses and Permits 101
/www.lawyerdude.netfirms.com/8457.html#TOC1_20>

There are 2 aspects to any permit. Use them to analyze and win.
/www.lawyerdude.netfirms.com/8457.html#TOC2_7>

Instruments of Oppression: Printing press licenses, driver licenses, bar
license as proxy for license for printing press a la 1644. The Bar
License and the Driver License: Instruments of Oppression
/www.lawyerdude.netfirms.com/8457.html#TOC1_21>

Subdocument 8205 12/14/06.
http://www.lawyerdude.netfirms.com/8205.html
Main Discussion of Malum Prohibitum Crimes, Non-mens re crimes,
inchoate offenses, crimes of contraband possession:
/www.lawyerdude.netfirms.com/8457.html#TOC1_22>

There are two elements in every crime: 1 the act; 2 the evil intent. We
punish people for doing what they know is wrong. Malum Prohibitum
crimes eliminate the 2nd element. Malum Prohibitum law punish a person
even though he intended no wrong.
/www.lawyerdude.netfirms.com/8457.html#TOC2_8>

Unconstitutional Elimination of Mens Re: Sexual Battery
/www.lawyerdude.netfirms.com/8457.html#TOC2_9>

If you have to ask then it should not be a crime.
/www.lawyerdude.netfirms.com/8457.html#TOC2_10>

Malum Prohibitum includes: License laws, drug laws, sex laws, driving
laws. /www.lawyerdude.netfirms.com/8457.html#TOC2_11>

Malum Prohibitum laws are often forced on the state legislature by the
federal legislature.
/www.lawyerdude.netfirms.com/8457.html#TOC2_12>

Malum Prohibitum crimes are also "victimless crimes"; the state
has grown up and wants to control you.
/www.lawyerdude.netfirms.com/8457.html#TOC2_13>

The entire range of malum prohibitum crimes of possession is new and
wrong. /www.lawyerdude.netfirms.com/8457.html#TOC2_14>

In the realm of Malum Prohibitum the police can use decoys because there
is no actual harm /www.lawyerdude.netfirms.com/8457.html#TOC2_15>

Inchoate offenses include attempt, conspiracy, and solicitation - and,
says Lawyerdude, all malum prohibitum crimes.
/www.lawyerdude.netfirms.com/8457.html#TOC2_16>

We could and should eradicate the statutes that defined malum prohibitum crimes; we could start by eradicating the statutes that define doubly
inchoate crimes. /www.lawyerdude.netfirms.com/8457.html#TOC2_17>

Deadwood, South Dakota in 1876 had no laws; they flourished. They tried
their murderers. /www.lawyerdude.netfirms.com/8457.html#TOC2_18>

Lawyerdude's Catechism
/www.lawyerdude.netfirms.com/8457.html#TOC1_23>

Issue #1: Liberality in dealing with Pro Se litigants:
/www.lawyerdude.netfirms.com/8457.html#TOC1_24>

"Pro Se Litigants pleadings are to be construed liberally and held to
less stringent standards than lawyers" Haines v Kerner, Warden of
Illinois State Penitentiary at Menard (1972)
www.lawyerdude.s5.com/haines.html 404 US 519 (1972)
/www.lawyerdude.netfirms.com/8457.html#TOC2_19>

Issue #2: Absence of jurisdiction and other Administrative arguments:
/www.lawyerdude.netfirms.com/8457.html#TOC1_25>

News Flash. The Judge usually does not know this stuff!
/www.lawyerdude.netfirms.com/8457.html#TOC1_26>

The written motion is powerful. It is your record to the court of
appeal - but that won't be needed.
/www.lawyerdude.netfirms.com/8457.html#TOC2_20>

Note: Motions herein have been collapsed to fit into this book.
/www.lawyerdude.netfirms.com/8457.html#TOC2_21>
Courts of Mass Production, Justice Court, Evictions, Family Law, and
Commissioners. /www.lawyerdude.netfirms.com/8457.html#TOC1_27>>> Actual Winning Motion #7936. Dead Bang Winner motion overturning a rit
of Eviction ! /www.lawyerdude.netfirms.com/8457.html#TOC1_28>

Actual winning motion to Sheriff Deputy. Document #7938. Request to
delay/ stop eviction.
/www.lawyerdude.netfirms.com/8457.html#TOC1_29>

The bailiff refused to permit the tenant to enter the courtroom!
/www.lawyerdude.netfirms.com/8457.html#TOC1_30>

Kernel of a motion to compel the appointed lawyer to come up with a
plan, write motions or immediately withdraw.
/www.lawyerdude.netfirms.com/8457.html#TOC1_31>

Lawyerdude standard #5635. Version 1.02 Tell your Public Defender How
to do his job! /www.lawyerdude.netfirms.com/8457.html#TOC1_32>

Motion to Quash for Lack of a Prosecutor - Not in the Code.
/www.lawyerdude.netfirms.com/8457.html#TOC1_33>

Motion to Quash is a Concept of Civil Procedure.
/www.lawyerdude.netfirms.com/8457.html#TOC2_22>

All Criminal Law is a subset of Civil Procedure and Tort.
/www.lawyerdude.netfirms.com/8457.html#TOC2_23>

We are objecting to Usurpation and Stealthy Encroachment !
/www.lawyerdude.netfirms.com/8457.html#TOC2_24>

Sample Motion #7978 Demand to Quash for failure to file a complaint.
/www.lawyerdude.netfirms.com/8457.html#TOC1_34>

Notice of Concurrent Motions
/www.lawyerdude.netfirms.com/8457.html#TOC1_35>

The Motion to Suppress Evidence is
http://www.lawyerdude.netfirms.com/7855.pdf .
/www.lawyerdude.netfirms.com/8457.html#TOC2_25>

Demand for Effective Assistance of Counsel.
/www.lawyerdude.netfirms.com/8457.html#TOC2_26>

Statement of the Case
/www.lawyerdude.netfirms.com/8457.html#TOC1_36>

Table of Authorities cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC1_37>

U.S. Constitutional Clauses Cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_27>

Illinois, California, and other Constitutional Clauses Cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_28>

Table of Statutes cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_29>

Cases cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_30>

Argument /www.lawyerdude.netfirms.com/8457.html#TOC1_38>

Under U.S. Constitution IV, 2, I am entitled to Illinois and California
rights /www.lawyerdude.netfirms.com/8457.html#TOC2_31>

The clerk is acting as prosecutor; that is wrong. Dismissal is the
remedy. /www.lawyerdude.netfirms.com/8457.html#TOC2_32>

Declaration of Attorney Douglas Palaschak regarding Summonses
/www.lawyerdude.netfirms.com/8457.html#TOC2_33>

A ticket can never be a summons.
/www.lawyerdude.netfirms.com/8457.html#TOC2_34>

A defendant may appear by motion.
/www.lawyerdude.netfirms.com/8457.html#TOC2_35>

Permitting Police to Summon denies Equal Protection Under the Law
/www.lawyerdude.netfirms.com/8457.html#TOC2_36>

The Legislature may not give Police the Power to Summon and may not give. Clerks the power to prosecute.
/www.lawyerdude.netfirms.com/8457.html#TOC2_37>

You are Equitably Estopped from Presuming a Waiver of Jurisdictional
Challenge. /www.lawyerdude.netfirms.com/8457.html#TOC2_38>

Special Scrutiny and Prosecution for those who know the law denies equal
protection. /www.lawyerdude.netfirms.com/8457.html#TOC2_39>

Proof of Service
/www.lawyerdude.netfirms.com/8457.html#TOC1_39>

Your Constitutional and Common Law Right to Use Foreign Law! A new
theory by Lawyerdude.
/www.lawyerdude.netfirms.com/8457.html#TOC1_40>

Rights are taken, not given!
/www.lawyerdude.netfirms.com/8457.html#TOC2_40>

You in Texas and Wisconsin are entitled to employ statutes from
California! /www.lawyerdude.netfirms.com/8457.html#TOC2_41>

Mere Statutes do not supersede your rights won since 1066 under the
common law! /www.lawyerdude.netfirms.com/8457.html#TOC2_42>

Statutes should have their reasons affixed to them - but they don't.
/www.lawyerdude.netfirms.com/8457.html#TOC2_43>

The Common Law controls torts and crimes.
/www.lawyerdude.netfirms.com/8457.html#TOC1_41>

Here is my ultimate point: You Texans can feel free to borrow from the
work of California's Legislature!
/www.lawyerdude.netfirms.com/8457.html#TOC2_44>

Application: Denial of Suppression Motion without chance for pretrial
appeal in Wisconsin.
/www.lawyerdude.netfirms.com/8457.html#TOC2_45>

Your right to an e-transcript - not a Draconian paper transcript.
/www.lawyerdude.netfirms.com/8457.html#TOC1_42>

History of E transcripts.
/www.lawyerdude.netfirms.com/8457.html#TOC2_46>

Your right to use Foreign Law. Constitution Section IV, Clause 2.
/www.lawyerdude.netfirms.com/8457.html#TOC2_47>

Article IV. Clause2: The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the several States.
Amendment 9: The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the
people. /www.lawyerdude.netfirms.com/8457.html#TOC2_48>

Re: Abridgment. "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Government for a
redress of grievances." And again regarding abridgment: "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." - 14th amendment.
/www.lawyerdude.netfirms.com/8457.html#TOC2_49>

Actual Winning Motion #8004 in Georgia. Actually not heard yet. Motion
to Quash. /www.lawyerdude.netfirms.com/8457.html#TOC1_43>

Statement of the Case:
/www.lawyerdude.netfirms.com/8457.html#TOC1_44>

Notice of Concurrent and Future Motions for overbreadth and lack of
sworn witness. /www.lawyerdude.netfirms.com/8457.html#TOC2_50>

Memorandum of Authority in Support of Motion to Quash
/www.lawyerdude.netfirms.com/8457.html#TOC1_45>

Table of Authorities cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC1_46>

Scholarly Treatises cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_51>

Argument /www.lawyerdude.netfirms.com/8457.html#TOC1_47>

The Georgia Constitution forbids this criminal enforcement of a mere
ordinance. /www.lawyerdude.netfirms.com/8457.html#TOC2_52>

By stealthy encroachment governments take away our rights and sell them
back to us. /www.lawyerdude.netfirms.com/8457.html#TOC2_53>

Why is it that tenants can't get help re rats and yet you ticket me
for my truck? /www.lawyerdude.netfirms.com/8457.html#TOC2_54>

The law you are using is not a valid Georgia criminal statute.
/www.lawyerdude.netfirms.com/8457.html#TOC2_55>

A Republic Form of Government Forbids Fiefdoms and subinfeudation.
/www.lawyerdude.netfirms.com/8457.html#TOC2_56>

adopted by the board of commissioners [not the legislature]
/www.lawyerdude.netfirms.com/8457.html#TOC2_57>

Georgia Constitution Strictly Forbids Counties to Make Criminal Laws
/www.lawyerdude.netfirms.com/8457.html#TOC2_58>

Action defining any criminal offense or providing for criminal
punishment. /www.lawyerdude.netfirms.com/8457.html#TOC2_59>

Proof of Service /www.lawyerdude.netfirms.com/8457.html#TOC1_48>

Waiver of Speedy Trial Rights to Hear this Motion.
/www.lawyerdude.netfirms.com/8457.html#TOC1_49>

Statement of the case
/www.lawyerdude.netfirms.com/8457.html#TOC1_50>

The Accusatory Statutes in this case:
/www.lawyerdude.netfirms.com/8457.html#TOC2_60>

Argument and Memorandum of Law Supporting Suppression.
/www.lawyerdude.netfirms.com/8457.html#TOC1_51>

The statute is fatally overbroad and fatally vague.
/www.lawyerdude.netfirms.com/8457.html#TOC1_52>

Table of Authorities cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC1_53>

U.S. Constitutional Clauses cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_61>

U.S. Supreme Court Cases cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_62>

Federal Circuit Cases cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_63>

Federal District Court cases cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_64>

Illinois Statutes cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_65>

Scholarly Treatises cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_66>
Argument /www.lawyerdude.netfirms.com/8457.html#TOC2_67>

Preliminary Argument in Support of Motion to Suppress Evidence based on
Overbreadth and Vagueness
/www.lawyerdude.netfirms.com/8457.html#TOC3_1>

Declaration of Attorney Douglas Palaschak regarding need for the file
and transcripts. /www.lawyerdude.netfirms.com/8457.html#TOC1_54>

Appendix 1: Detailed Brief regarding the Doctrine entitled "Void
for Vagueness"
/www.lawyerdude.netfirms.com/8457.html#TOC2_68>

Proof of Service /www.lawyerdude.netfirms.com/8457.html#TOC1_55>

#7260: Pep Talk: How to Win Your Traffic, Drug, or Sex Case.
/www.lawyerdude.netfirms.com/8457.html#TOC1_56>

What should I do now? The litigation work cycle.
/www.lawyerdude.netfirms.com/8457.html#TOC1_57>

The very short Litigation work cycle:
/www.lawyerdude.netfirms.com/8457.html#TOC2_69>
The Big Litigation Work Cycle is at "How to Work With
Lawyerdude" /www.lawyerdude.netfirms.com/8457.html#TOC2_70>

#6274: How to work well with Lawyerdude:
/www.lawyerdude.netfirms.com/8457.html#TOC1_58>

List of the things that you must do regarding court.
/www.lawyerdude.netfirms.com/8457.html#TOC2_71>

Are you going to court? Do these things at court:
/www.lawyerdude.netfirms.com/8457.html#TOC2_72>

Did you go to court today or yesterday or recently? If so, the please
de-brief with me after court.
/www.lawyerdude.netfirms.com/8457.html#TOC2_73>

The 20 Most Commonly Used Motions in Criminal Law
/www.lawyerdude.netfirms.com/8457.html#TOC1_59>

Part 1: Planning your motions:
/www.lawyerdude.netfirms.com/8457.html#TOC1_60>

Part 2: Elements: Every Motion should contain the following elements:
/www.lawyerdude.netfirms.com/8457.html#TOC1_61>
>
Optional Elements to a Motion:
/www.lawyerdude.netfirms.com/8457.html#TOC1_62>

Serving the papers
/www.lawyerdude.netfirms.com/8457.html#TOC1_63>

Filing the papers at the criminal filing window
/www.lawyerdude.netfirms.com/8457.html#TOC2_74>

Common Problems. Turn these lemons into lemonade
/www.lawyerdude.netfirms.com/8457.html#TOC1_64>

Examples of Winning Motions
/www.lawyerdude.netfirms.com/8457.html#TOC1_65>

Common Attitude problems with clerks when you file Motions: Be nice.
What would Andy Griffith do?
/www.lawyerdude.netfirms.com/8457.html#TOC1_66>

Self help litigation medley of pages to help you learn and write better
/www.lawyerdude.netfirms.com/8457.html#TOC1_67>
>
The leading 143 cases that define criminal procedure:
http://www.circuitlawyer.8m.com/weinreb.html
/www.lawyerdude.netfirms.com/8457.html#TOC3_2>
Medley of cases defining your 6th amendment right to effective
assistance of counsel - appointed if necessary.
/www.lawyerdude.netfirms.com/8457.html#TOC1_68>
Medley of cases regarding your Faretta right to speak for yourself and
the standards for performance of the public defender.
/www.lawyerdude.netfirms.com/8457.html#TOC3_3>

Medley of cases defining your right to a free transcript if you
can't afford to pay:
/www.lawyerdude.netfirms.com/8457.html#TOC1_69>

Medley of Free Speech cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_70>

Empower Yourself ! Your rights as an imprisoned indigent pro se
litigator. Your rights as a free, out of jail, pro se litigant.
/www.lawyerdude.netfirms.com/8457.html#TOC1_71>

There is so much to say about rights of prisoners.
/www.lawyerdude.netfirms.com/8457.html#TOC2_75>

Right to xerox copies in jail. "Draconian" copying by hand is not
required. Jails and prisons must provide copying service. Gluth v Kangas
(1988) 773 F Supp 1309 @ 1321 (D Ariz)
/www.lawyerdude.netfirms.com/8457.html#TOC2_76>

You have a right to demur instead of making a plea.
/www.lawyerdude.netfirms.com/8457.html#TOC2_77>

Ghost writing. You have a right to have helpers write your papers.
/www.lawyerdude.netfirms.com/8457.html#TOC2_78>

We should have the right to know which clerk ghost wrote the opinion for
the various appellate and supreme court judges - but we don't. The
judge does not say who actually wrote the opinion that he signed his
name to. /www.lawyerdude.netfirms.com/8457.html#TOC2_79>

A little-known corporate lobby is drafting business-friendly bills for
state legislators across the country> /www.lawyerdude.netfirms.com/8457.html#TOC2_80>>> Actual Winning Motion #7621 - Proven Winning Motion. Request for egible
Data from ticket. /www.lawyerdude.netfirms.com/8457.html#TOC1_72>

Motion #1: Request for Legible Data from ticket.
/www.lawyerdude.netfirms.com/8457.html#TOC1_73>

Proven Winning Motion: Petition for Writ of Habeas Corpus #7975
/www.lawyerdude.netfirms.com/8457.html#TOC1_74>

Statement of the Case
/www.lawyerdude.netfirms.com/8457.html#TOC1_75>

My broken leg has not been set in permanent cast yet.
/www.lawyerdude.netfirms.com/8457.html#TOC2_81>

$60,000 bail is impossible for me.
/www.lawyerdude.netfirms.com/8457.html#TOC2_82>

I am a 39 year old married employed lifelong resident of the community.
/www.lawyerdude.netfirms.com/8457.html#TOC2_83>

Cases cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC1_76>

Proof of Service /www.lawyerdude.netfirms.com/8457.html#TOC1_77>

Proven Winning Motion #1318: Demand for Statutory Release on O.R.
/www.lawyerdude.netfirms.com/8457.html#TOC1_78>

Statement of the Case
/www.lawyerdude.netfirms.com/8457.html#TOC1_79>

My broken leg has not been set yet.
/www.lawyerdude.netfirms.com/8457.html#TOC2_84>

$60,000 bail is impossible for me.
/www.lawyerdude.netfirms.com/8457.html#TOC2_85>

I am a 39 year old married employed lifelong resident of the community.
/www.lawyerdude.netfirms.com/8457.html#TOC2_86>

My Promises required by P.C. 1318 and Vehicle Code 40500 et seq.
/www.lawyerdude.netfirms.com/8457.html#TOC1_80>

Sample Motion #7608 Demand for Lawyerdude in court via Instant
Telephone, video link, or Instant Messenger on Computer.
/www.lawyerdude.netfirms.com/8457.html#TOC1_81>

Table of U.S. Supreme Court Cases and Federal Appellate Cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_87>

Table of Independent State Constitutional Provisions cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_88>

Statement of the Case
/www.lawyerdude.netfirms.com/8457.html#TOC2_89>

Statement of our Place in Time - by Lawyerdude.
/www.lawyerdude.netfirms.com/8457.html#TOC2_90>

Memorandum of Authorities
/www.lawyerdude.netfirms.com/8457.html#TOC2_91>

"Attorneys are not fungible;"
/www.lawyerdude.netfirms.com/8457.html#TOC2_92>

Proof of Service /www.lawyerdude.netfirms.com/8457.html#TOC2_93>

Actual Winning Motion #6340.
Actually she won the continuance but then after a year, the
methamphetamine user found a slacker lawyer, my friend Fred Rogers, to
plead guilty for her. She then went to jail. She could have won but she
did not like going to court every month.
Sample #6340: Motion to vacate trial date and prelim date due to failure
to produce discovery.
/www.lawyerdude.netfirms.com/8457.html#TOC1_82>

Proposed Findings and Order.
/www.lawyerdude.netfirms.com/8457.html#TOC2_94>

Sample #5902: Motion to Suppress Evidence.
/www.lawyerdude.netfirms.com/8457.html#TOC1_83>

New York Penal code section 190.25 Criminal impersonation in the second
degree. /www.lawyerdude.netfirms.com/8457.html#TOC4_1>

New York Penal code section 170.10 sub 2 Forgery
/www.lawyerdude.netfirms.com/8457.html#TOC4_2>

Actual Winning Motion #6751 from Seattle Washington. Proven Winning
Motion. /www.lawyerdude.netfirms.com/8457.html#TOC1_84>

Statement of the case:
/www.lawyerdude.netfirms.com/8457.html#TOC2_95>

Table of Cases cited herein
/www.lawyerdude.netfirms.com/8457.html#TOC2_96>

Statutes cited herein:
/www.lawyerdude.netfirms.com/8457.html#TOC2_97>

Kernel of this case: Side by side comparison of the driving patterns of
Forrest and Colin.
/www.lawyerdude.netfirms.com/8457.html#TOC2_98>

The 9th circuit held that driving on the fog line is not against the
law. Specifically it does not provide probable cause to initiate a
traffic stop. /www.lawyerdude.netfirms.com/8457.html#TOC2_99>

The court has no discretion here. U.S. v Colin is binding precedent and
square on point. /www.lawyerdude.netfirms.com/8457.html#TOC2_100>

Declaration of Traffic Expert: Attorney Douglas Palaschak
/www.lawyerdude.netfirms.com/8457.html#TOC2_101>

Order after Hearing on Motion to Suppress Evidence
/www.lawyerdude.netfirms.com/8457.html#TOC2_102>

Actual Winning Motion #5790 by Buzz in Napa, California, falsely accused
of drunk driving by a cop and prosecutor both committing perjury. Dead
Bang Winner Motion. Proven Winning Motion.
/www.lawyerdude.netfirms.com/8457.html#TOC1_85>

Motion #5790. Motion to Suppress Evidence. Buzz won this motion. He
won his drunk driving case! We filed a demurrer also. These two
motions should be filed whenever possible. The former is appealable
before trial pursuant to California Penal Code 1538.5 which is derived
from the U.S. Constitution applicable to all 50 states.
/www.lawyerdude.netfirms.com/8457.html#TOC1_86>

How many legs does a sheep have if you call the tail a leg?
/www.lawyerdude.netfirms.com/8457.html#TOC1_87>

Appendix #1: P.C. 1538.5 Motion to Suppress Evidence. Can be appealed
before trial! /www.lawyerdude.netfirms.com/8457.html#TOC2_103>

After the special hearing is held, any review thereafter desired by the
defendant prior to trial shall be by means of an extraordinary writ of
mandate or prohibition filed within 30 days after the denial of his or
her motion at the special hearing
/www.lawyerdude.netfirms.com/8457.html#TOC2_104>

Buzz lost on the demurrer but won on the Motion to Suppress Evidence.
You should try to find a way to do both motions. Most of your
complaints about your case can be addressed in these two motions.
/www.lawyerdude.netfirms.com/8457.html#TOC1_88>

Letter #7659 to an Appointed Texas Lawyer who wrote no motions. He quit
after this letter.
/www.lawyerdude.netfirms.com/8457.html#TOC1_89>

Actual Winning Motion #6570 from Texas. Proven Winning Motion.
/www.lawyerdude.netfirms.com/8457.html#TOC1_90>

Statement of the Case - subdocument #6571. Version 1.
/www.lawyerdude.netfirms.com/8457.html#TOC2_105>

List of Players /www.lawyerdude.netfirms.com/8457.html#TOC2_106>

Chronology of Operative Events
/www.lawyerdude.netfirms.com/8457.html#TOC2_107>

Declaration of Jason Lisle
/www.lawyerdude.netfirms.com/8457.html#TOC2_108>

A few words about magistrates. From a former Texas Attorney General
/www.lawyerdude.netfirms.com/8457.html#TOC2_109>

The most significant conflicts, however, arise in connection with the
magistrate's issuance of search warrants and arrest warrants.
/www.lawyerdude.netfirms.com/8457.html#TOC2_110>

The magistrate was not neutral and detached. Even if neutral he is/ was
not detached. He is the brother of the head of the agency that
conducted the raid.
/www.lawyerdude.netfirms.com/8457.html#TOC2_111>

Motion #6580. 3rd Motion in Winning Texas Methamphetamine case in the
Orange county, the southeast- most county of Texas. Motion to Vacate
Pre-trial and reset it for January 13th, Thurs Feb 3rd, the 1st
Thursday. /www.lawyerdude.netfirms.com/8457.html#TOC1_91>

Actual Winning motion #6580 from Texas. Proven Winning Motion
/www.lawyerdude.netfirms.com/8457.html#TOC1_92>

Motion #6639: 4th Motion in Texas Methamphetamine case. Application nd
Order to compel production of Witness List and $100 fee for obstinance
necessitating this motion.
/www.lawyerdude.netfirms.com/8457.html#TOC1_93>

Actual Winning Motion #6579 from Texas. Proven Winning Motion.
/www.lawyerdude.netfirms.com/8457.html#TOC1_94>

Inadequacy of Affidavit.
/www.lawyerdude.netfirms.com/8457.html#TOC2_112>

Actual Winning Motion. Proven Winning Motion #6642.
/www.lawyerdude.netfirms.com/8457.html#TOC1_95>

If the warrant was signed, it is nonetheless void. This case is even
worse than Aguilar.
/www.lawyerdude.netfirms.com/8457.html#TOC2_113>

Appendix 1. List of defects in the insufficient application for search
warrant /www.lawyerdude.netfirms.com/8457.html#TOC2_114>

List of the Top Ten most pertinent cases for State Bar and Free Speech
of Lawyers. : /www.lawyerdude.netfirms.com/8457.html#TOC1_96>

Leading Cases Vindicating our self-evident right to associate and
communicate /www.lawyerdude.netfirms.com/8457.html#TOC1_97>

Amish and Jehovah's Witnesses cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_98>

Now for the 150 cases that define your rights as a criminal defendant
/www.lawyerdude.netfirms.com/8457.html#TOC1_99>

Regarding the constitution. I have supplemented the book with Marbury,
Norton. /www.lawyerdude.netfirms.com/8457.html#TOC1_100>

Norton v Shelby (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."
/www.lawyerdude.netfirms.com/8457.html#TOC2_115>

Regarding Due Process, here are 5 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_101>

Regarding the 4th Amendment, here are 54 cases, far more cases than in
any other subject:
/www.lawyerdude.netfirms.com/8457.html#TOC1_102>

Regarding remedy for lies in the affidavit for the search warrant. I
wish I had known about this Franks remedy back during my LSD case and
Raid at the Good Nite Inn.
/www.lawyerdude.netfirms.com/8457.html#TOC1_103>

Regarding cars: Police cannot stop you without probable cause. No
license checks permitted.
/www.lawyerdude.netfirms.com/8457.html#TOC1_104>

Delaware v Proust (1979) 440 U.S. 648.
http://www.lawyerdude.s5.com/prouse.html Kinda
/www.lawyerdude.netfirms.com/8457.html#TOC2_116>

Regarding rummaging through your trash. Here is one state case with
links to 20 other state cases. Varies from state to state: See
"Independent State Grounds" Indiana says that they must have
"articulable suspicion" which is something less that probable
cause. Probable cause is 51%. Articulable suspicion is 10% but it is
more than a "mere hunch" which is usually merely a hunch because
the cop is inarticulate.
/www.lawyerdude.netfirms.com/8457.html#TOC1_105>

Regarding full search of car pursuant to a speeding ticket. No can do.
Several cases: /www.lawyerdude.netfirms.com/8457.html#TOC1_106>
Knowles v Iowa. The driver won.
/www.lawyerdude.netfirms.com/8457.html#TOC2_117>

Reversed in Acevedo but distinguishable. U.S. v Chadwick. Footlocker
full of marijuana. Chadwick won
/www.lawyerdude.netfirms.com/8457.html#TOC2_118>

Schneckloth v Bustamonte
/www.lawyerdude.netfirms.com/8457.html#TOC2_119>

Mapp v Ohio /www.lawyerdude.netfirms.com/8457.html#TOC2_120>

Terry v Ohio /www.lawyerdude.netfirms.com/8457.html#TOC2_121>

Regarding Electronic Surveillance, Agents and Informers, and Entrapment
here are 6 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_107>

Regarding the Right to counsel, here are 11 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_108>

Regarding the Privilege against Self Incrimination here are 21 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_109>

Brewer v Williams ("good Christian burial" case)
/www.lawyerdude.netfirms.com/8457.html#TOC2_122>

Escobedo v Illinois
/www.lawyerdude.netfirms.com/8457.html#TOC2_123>

Miranda v Arizona
/www.lawyerdude.netfirms.com/8457.html#TOC1_110>

Schmerber v California
/www.lawyerdude.netfirms.com/8457.html#TOC2_124>

Regarding Suppression Hearings and Lineups here are 4 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_111>

Simmons v U.S. (1968) http://www.lawyerdude.netfirms.com/simmons.html
390 US 377 You don't have to give up one right to utilize another
right. Testimony at your suppression hearing cannot be used against you
at trial
/www.lawyerdude.netfirms.com/8457.html#TOC2_125>

. /www.lawyerdude.netfirms.com/8457.html#TOC1_112>

Regarding the Preliminary Examination here are 3 cases
/www.lawyerdude.netfirms.com/8457.html#TOC1_113>
Regarding Bail here are 2 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_114>

Regarding Indictment
/www.lawyerdude.netfirms.com/8457.html#TOC1_115>

Regarding the right to a speedy trial here are 2 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_116>

Regarding Plea Bargaining here are 3 cases
/www.lawyerdude.netfirms.com/8457.html#TOC1_117>

Regarding Trial by Jury here are 4 cases
/www.lawyerdude.netfirms.com/8457.html#TOC1_118>

Regarding Trial here are 11 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_119>

Regarding Double Jeopardy here are 4 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_120>

: /www.lawyerdude.netfirms.com/8457.html#TOC1_121>

Regarding Transcripts here are 2 cases not mentioned in the book:
/www.lawyerdude.netfirms.com/8457.html#TOC1_122>

Griffin v Illinois
/www.lawyerdude.netfirms.com/8457.html#TOC2_126>

MLB v SLJ Your right to a free transcript in some civil cases.
/www.lawyerdude.netfirms.com/8457.html#TOC2_127>

Regarding Collateral Attack here are 2 cases:
/www.lawyerdude.netfirms.com/8457.html#TOC1_123>


Topical Index /www.lawyerdude.netfirms.com/8457.html#TOC1_124>


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