“It’s Only a Few Bad Apples…”

As you all should be aware of by now if you listen to the radio show at all, I have been working on a felony “Evading Arrest or Detention” case for the last several weeks. And if you have been listening for the last few years, then you are also aware that many of the facts and arguments I make on certain subjects have never been litigated or argued in the State of Texas Courts in a manner that addresses all of the in pari materia statutes on the particular subject. Which means that there is little to no “case law” relating to the specific argument.

The document that is posted here is a Motion to Quash Indictment that has been filed in the 63rd Judicial District Court in Terrell County Texas. I am posting it here with the full knowledge and consent of the individual that is being accused in the matter. I am also providing PDF documents for the four pleadings that I wrote for this case in links at the bottom. That way you won’t have to copy the web page and then try to massage it back into a formatted Word document if you find anything in it you might be able to use.

The Motion to Quash is quite long, but it had to be in order to cover all of the unconstitutional and illegal acts being perpetrated by the federal and local public officials in the matter so as to railroad this man into a prison sentence just to finally get rid of him. And if you can read this document and not get pissed off, then you are what is inherently wrong with America today, because it exposes the outright in-your-face corruption of the judicial process and system that runs all the way to the very top criminal court in Texas, the Texas Court of Criminal Appeals. And there is no one to blame for this sort of corruption but the self-serving attorneys themselves.

I am also going to link in copies of several of the Texas Court of Criminal Appeals own case opinions that proves that the Court has been and is actively engaging in and sanctioning statewide criminal violations of Texas law by every lower court and prosecutor in the entire state. And that the sanctioning of these violations is done with the specific intent of denying every individual accused of a crime in their right to substantive and procedural due process. In other words, I believe that I have proven the entire judicial department of the State of Texas to be engaging in organized criminal activity that goes above and beyond even that which we have known or suspected, and they were kind enough to provide the evidence against themselves in their own opinions.

This leaves us having to ask, just when is this bullshit going to be enough to make we the People stand up, charge, convict, and hang every damned attorney and judge in the entire country from the nearest horizontal object strong to hold them aloft until all of their kicking and squirming ceases? Think about the following statements really really hard; is there anything, and I mean anything, that has gone wrong with the course and history of this country, any incident, any disaster, any war, any terrorist governmental attack, unconstitutional law, or violation of individual rights, during its entire existence, that was not conceived, implemented, or justified by some attorney or attorney wanna’be?

Think about that. The founding fathers despised attorneys, even though many of them were attorneys. It was a bunch of Pharisee lawyers that had Jesus condemned to death. Then we had ‘Honest’ Abe Lincoln orchestrating the civil war. The prohibition era and the ‘legal’ alcohol poisoning murders of over 10,000 Americans was overseen by President Woodrow Wilson when the federal government laced all alcohol products with a poisonous recipe of chemicals that included “4 parts methanol (wood alcohol), 2.25 parts pyridine bases, 0.5 parts benzene to 100 parts ethyl alcohol” and, as TIME magazine noted, “Three ordinary drinks of this may cause blindness.” (In case you didn’t guess, the alternative phrasing “drinking that stuff will make you go blind” also isn’t just a figure of speech.). Harry S. Truman oversaw the dropping of the atomic bomb on Hiroshima and Nagasaki, and he went to law school to be an attorney, but never completed the degree after he won reelection as presiding county judge, even though he was informed by the state bar that he was already qualified to join the bar due to his prior court experience. Lyndon B. Johnson, the leading contender in the conspiracy to kill then President John F. Kennedy, went to law school, but never finished either — presumably because he could not have possibly passed the [pretend] ethics portion of the education. And that theme continues on through today with the Clintons and Obamas. This ‘profession’ is literally stealing everything from us, one step and piece at a time, and it must be stopped. But only we can do it. And we cannot do it by keeping our heads in the sand in the hope that the attorneys will simply pass us by because we choose to ignore their presence.

Remember, everything that Hitler did to the people of Europe and to our fighting men was ‘legal’ by the terms of the German-attorney made and enacted laws. And attorneys are doing the same things here, they have just set up a way to remove the middleman.

Like I said, the document is long, but it is an attempt to cover every possible exit and loophole that the corrupt individuals within the courts and judicial system might seek to squeeze their rat-like personages through so as to deprive an innocent man of not only his liberty, but also the few remaining months of his life with his family and friends.

So READ this, and don’t just think or wonder about it, DO something. SAY something. SCREAM something, at someone, anyone, everyone, that we are sick and tired of this kind of thing being done not only to us, but in our own name, by a bunch of corrupt self-serving communist-state loving sycophants!!

It is time to choose. Do you want FREEDOM, or freedumb?

Court – We’ve Won Another One!

Okay, the documents from this win is IN ADDITION TO the previous win that I announced, although it IS relating to the same individual as the previous win.

The statutes don’t lie, unlike the cops, attorneys, and courts. And like any other board game, if they can control the rules, they can control the game. So DON’T let them control the rules.  OBJECT to ANY deviation from the prescribed rules of procedure, EVEN if they have “case law” that allegedly sanctions their actions.

When my pleadings for the felony case are completed, I will be posting them in their ENTIRETY for all to see and study, because they will tell you a LOT about the total corruption that IS the judicial and Bar system.

And by the time you are done reading them, it is my hope that no attorney or judge on the planet will ever again feel safe about showing his or her sorry corrupt face outside of their door or walking down the street, because I am going to be exposing them for the rotting scumbags they are.

 

beardsley-carl-001

beardsley-carl-002

Trial – Undermining the State’s Unsubstantiated Legal Presumptions and Conclusions.

What do you do when you are attempting to cross-examining the officer on the stand about the actual facts and evidence the officer relied upon that allegedly support the legal presumptions and conclusions that s/he made in the field during your initial encounter with them at the “transportation” stop, and the Prosecution objects to your questioning of the witness about such things?

Let’s look at what usually happens at trial in such cases.

Prosecutor:    Officer, what was Mr. Craig doing when you had reason to take notice of him?

Officer:           Mr. Craig was “operating” his “motor vehicle” on I-35 at 70MPH in a zone marked for a maximum speed of 60MPH, which was “not reasonable and prudent” at the time “under the circumstances and conditions then existing.”

In his/her testimony, the officer has testified to five specific and totally erroneous legal determinations and conclusions, i.e. “operating,” “motor vehicle,” “not reasonable and prudent,” “under the circumstances and conditions then existing,” and the belief that the posted speed signs apply to anything other than a commercial motor vehicle under the provisions of Sec. 201.904 of the “Transportation” Code. These unsubstantiated claims by the officer during testimony constitutes the making of legal determinations and conclusions because, 1) these are terms defined by statute with specific legal, contextual, and subject matter meanings, and 2) the officer is not legally qualified or capable of making or testifying to a legal determination of law, and, therefore, cannot legally declare whether or not the statutory definition actually does apply to the Accused under the circumstances and conditions as they are currently known and existing.

However, without fail, when you begin to cross-examine the officer as to how s/he came to make such legal determinations and conclusions, the Prosecutor will usually jump up and begin making a rather interesting objection, considering the circumstances under which it is being made. It will usually go something like this:

Objection! The officer isn’t required to know those things and isn’t competent to testify as to any legal determinations or conclusions that s/he is being asked to make or testify to at this or any other time.”

(Yes, this is literally an objection that I personally witnessed one Prosecutor make almost verbatim in a trial. Most others have usually been fairly similar in their own individual objections).

Now, in volleyball parlance, this is what is known as a “set at the net,” and it is supposed to be the golden opportunity for a member of the team controlling the ball to “set it up” so that another teammate can be the first to get close to the net, jump really high, and spike the ball in the face of the opposing team to score a point. However, the problem with this set up becomes very apparent when the setting team member realizes that they accidentally set the ball too close to the net and within reach of the opposing team’s own high-jumping blocker/spiker who is already at the net, and who now has the opportunity to spike the ball back and gain his/her team control of the serve.

And this is what that spike looks like once the other team has inadvertently set you up on cross-examination with an objection worded fairly similarly to the one above so as to allow you the opportunity to spike it right back in their face:

Judge, I would like to make this point-by-point response to the prosecution’s objection. During this entire trial the witness for the Prosecution has done absolutely nothing but testify to their own arbitrary legal presumptions and conclusions made at the time of the initial encounter, despite the adamant objections of the Accused. And now, the prosecution wants the court to sustain an objection from them in which they claim that not only is the state’s accuser and only witness not required to actually read and understand the laws and statutes at issue before even attempting to make legal presumptions and conclusions claiming  that the Accused allegedly violated them, but also that that same witness is suddenly legally incompetent to testify when asked by the Accused to explain the specific facts and evidence the officer relied upon to reach those legal presumptions and conclusions at the time of the encounter. The very same legal presumptions and conclusions that the witness has already been allowed to testify to on behalf of the State over the strenuous objections of the Accused. Objections that have all been overruled by this very court despite there being no basis in law for doing so.

Therefore, if the court intends to sustain the Prosecution’s objection that the witness lacks legal competency to testify to the specific facts and evidence allegedly supporting those very same legal presumptions and conclusions made by the witness in this matter, then I move the court to declare the witness legally incompetent and unqualified to testify for all purposes, including, but not limited to, those relating to any such legal determinations and conclusions remaining or already testified to thus far, and that his/her entire testimony be stricken from the record.

Now, if the judge actually grants this motion to strike the witness’s testimony, which the law requires under any normal circumstances that involve real justice and due process, then the next step is to demand a dismissal of the case with prejudice, as the State has no substantive facts or evidence that an eyewitnesses could use to testify against you.

Congratulations, you have now spiked the ball so hard in face of the Prosecution that it permanently tattoos “Voit” across their forehead, and your team now controls the serve.

Patrinuts – Here we go yet again. The Micheal C. School Theory of Law & Liability

Okay, we’ve been here a time or two before, but it appears that we must do so yet again.

What happens when legal theory collides with legal fact and the facts are irrefutable and correct? It is in this aftermath of such a collision that the Patrinut community runs into some seriously unstable legal ground. And to make matters even worse, they still choose to build their symbolic legal house that is their legal theory on that same unstable ground. This is as financially suicidal as building a million dollar home over a known unstable sinkhole knowing that you can never get insurance coverage.

Case in point, one “Michael C. School,” who thinks that his understanding of “trust law” is the golden ray of sunshine guaranteed to repel government and its agents on every level, sort of like sunshine, garlic, or holy water to a vampire.  There is only one little problem, what do you think the vampire will actually do if you are relying upon a simple flashlight, fake garlic, or regular tap water instead of the real thing?

Well, let’s find out.



Michael C School  Michael C School Jerry Howe The first step i did was in Common Law and created a Poormans Patent on the Testamentary Succession Revocation so the State cant deny my Rights. After i completed that part of the Process, then i filed for the name change in Court.
Like · Reply · Yesterday at 11:45am

Jerry Howe  Jerry Howe I’m guessing you have already completed a UCC-1 filing with your secretary of state is that correct Michael? So you’re now a Secured Party Creditor?
Unlike · Reply · 1 · Yesterday at 11:49am

Jerry Howe  Jerry Howe So for what reason(s) are you saying that you did this Michael? In laymans terms?
Unlike · Reply · 1 · Yesterday at 11:53am

Jerry Howe  Jerry Howe So the state can’t deny your rights to what exactly?
Unlike · Reply · 1 · Yesterday at 11:55am

Jerry Howe  Jerry Howe Tao Lauw, Randy Neroni, your thoughts or questions on this.
Unlike · Reply · 1 · Yesterday at 11:57am

Michael C School  Michael C School  The State cant use presumptive authority against me anymore. A grand jury has to convene with an Indictment signed by a lawful judge. A cop cant just stop me and harrass me unless he witness’s me commit a breach of the peace. UCC-1 is inferior to this by Contract, so no i have not filed a UCC-1 against the all caps name. I rescinded the original contract granting authority to create the Strawman account, which “should” also revoke power of attorney from the IRS all in one step. Filing a UCC-1 would still leave me under Presumptive Authority because Testamentary Succession hasnt been revoked from the State.
Michael C School  Michael C School From the Office of Michael C. School
Executor of this Instrument
To: Public Notice
I Michael Charles School “One of The People” and also One of the People of the State of California Claim this as the correct spelling of my Lawful Birth Name. The ALL CAPS NAME OF MICHAEL CHARLES SCHOOL IS A Fictional Entity Negotiable Debt Instrument created by the State without any disclosure to my parents who were the Lawful Guardians and Custodians of my Body and the Executor’s of my Share of the Trust until I reached the age of majority.
CALIFORNIA CONSTITUTION
PREAMBLE

We, the People of the State of California, grateful to Almighty God for our
freedom, in order to secure and perpetuate its blessings, do establish this
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.
SEC. 3. (a) The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
I Hereby Revoke any and all Implied Testamentary Succession privilege The State has acquired without My Consent. The Clean Hands Doctrine applies to all Fiduciaries bound by Oath to Protect the Beneficiary of the Trust which is Michael C. School ONLY. MICHAEL CHARLES SCHOOL is a DBA Fiction (Doing Business As) This is Usury as Michael Charles School does not operate as a 3rd party fictional re-presentation of the Living Being. Michael Charles School is a Pro Se’ 1st Party Contractor ONLY who uses Written Instruments Lawfully Executed as my “Will.” Article 1 Section 10.1 (Obligation of Contracts cannot be Impaired.)
Testamentary succession refers to succession resulting from a legally executed testament. (*The Birth Certificate)
Testamentary succession is also known as the right of inheritance. A testamentary succession is fixed and determined at the moment of a decedent’s “death”.
What exactly is “civil death?”
The state of a person who, though possessing natural life, has lost all his civil rights, and as to them, is considered as dead. Quick v. Western Ry. of Alabama, 207 Ala. 376, 92 So. 608, 609.
The following is an example of a case law defining testamentary succession;
“A testamentary succession is that which results from the institution of heir, contained in a testament executed in a form prescribed by law. [Succession of Christensen, 248 So. 2d 45, 47 (La.App. 1 Cir. 1971)].”

“The people’s rights are not derived from the government, but the government’s authority comes from the people. ”
City of Dallas v. Mitchell, 245 S.W. 944, 945-46 (Tex.Civ.App.-Dallas 1922): “The rights of the individual are not derived from governmental agencies, either municipal, state or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people’s rights are not derived from the government, but the government’s authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief.
Executor of this Instrument
Michael Charles School
Autograph Date

Witness

Before me, _____________________________, the subscriber, personally appeared Michael Charles School, to me known to be the Living Soul described in and who executed the foregoing instrument and sworn before me that they executed the same as their own free will act and deed.

Witness Autograph ______________________________ (California Jurat Attached)

Date___________________
Like · Reply · Yesterday at 12:05pm

Michael C School  Michael C School I believe this is where the Sovereign movement fails as Testamentary Succession hasnt been revoked but the Strawman account has been validated by Authenticating the Birth Certificate which i did not do. Yet……

Michael C School  Michael C School This is new ground for me and i believe i have completed it correctly. If i made a mistake anywhere i would appreciate the input so we may have a complete process for Remedy all the faster.
Like · Reply · Yesterday at 12:08pm

Randy Neroni  Randy Neroni Seems like magic scroll theory to me.
The “state ” doesn’t presume anything. It’s officer shitforbrains that makes presumptions and initiates controversy, or takes advantage of potential controversy.

Michael C School  Michael C School Thats a great opinion Randy, but where are your Facts? Officer SFB implements departmental Policy not the Law.
Like · Reply · Yesterday at 12:29pm

Tao Lauw  Tao Lauw One might ask the exact same thing for this lame brained theory that “the state can’t do A, B, or C to me because of my magic make-a-wish document.”
Like · Reply · 1 · 19 hrs

Michael C School  Michael C School Tao Lauw Eddie you are a follower not a leader, thats the difference between us. You only know Statutory Law but not Contract Law or Consumer Law or Business Law. By your response its obvious that Jurisdictionary is all you got. “People of a state are entitled to all rights, which formerly belong to the King by his prerogative.”
Lansing v Smith, (1829) 4 Wendell 9,20 (NY)
[But then again Eddie, you have an all caps name on your drivers license as a Debtor not a Secured Party Creditor.] “It will be admitted on all hands that with the exception of the powers granted to the states and the federal government, through the Constitutions, the people of the several states are unconditionally sovereign within their respective states.”
Ohio L. Ins. & T Co. vDebolt, 16 How 416, 14 L. Ed. 997
[Oh but you are a Citizen or Natural Person you say?] “governments are but trustees acting under derived authority and have no power to delegate what is not delegated to them, But the people, as the original fountain, might take away what they have delegated and entrust to whom they please. … The sovereignty on every state resided in the people of the state and they may alter or change their form of government at their own pleasure.”
Luther v Borden, 48 U.S. 1, 12 Led 581
[Hmm how do i Occupy the Office of the Executor of the Estate as One of the People since i am the Beneficiary of the Trust, not the Surety like Eddie Hmm that sounds like CONTRACT LAW.http://jec.unm.edu/…/online-training/contract-law-tutorial] “Every State law must conform in the first place to the Constitution of the United States, and then to the subordinate constitutions of the particular state; and if it infringes upon the provisos of either, it is so far void.” Houston v. Moore, 18 US 1, 5 L.Ed 19 (1840).– FRC vs. GE 281 U.S. 464, Keller vs. PE 261 U.S. 428, 1 Stat. 138 -178) “Judges do not enforce statutes and codes. Executive Administrators enforce statutes and codes.–It is abiding truth that “[n]othing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.” Mapp v. Ohio, 367 U.S. 643, 659 (1961). HARRIS V. NEW YORK U.S. Supreme Court•401 U.S. 222 (1971)
“A license when granting a privilege, may not, as the terms of its possession, impose conditions which require the abandonment of constitutional rights.” Terral v. Burke Construction Co.,.
—Royal Indemnity Co. v. Werner, 979 F.2d 1299 (8th Cir. 1992) explains that “A Claimant is damaged upon filing of a complaint.”, “All Codes, Rules and Regulations are applicable to the government authorities only, not human / Creators in accordance with God’s law. All Codes, Rules and Regulations are unconstitutional and lacking in due process as applied to Sherwood T. Rodrigues.” – Rodrigues v. Ray Donovan (US Secretary of Labor) 769 F.2d 1344, 1348 (1985)—CONSTITUTIONAL PSYCHOPATHIC INFERIORITY habitually misbehave, and have no sense of responsibility to their fellowmen or to society as a whole. These individuals fail to learn by experience and are inadequate, incompatible, and inefficient. State ex rel. Pearson v. Probate Court of Ramsey County, 205 Minn. 545, 287 N.W. 297, 300; Wilson v. Walters, Cal.App., 112 P.2d 964.—1983 Caselaw- COLOR OF LAW
Only two allegations are required to state a cause of action under 42 U.S.C. § 1983. “First, the Plaintiff must allege that some person has deprived him of a federal right. Second, he must allege that the person who has deprived him of that right acted under color of state or territorial law.” Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 1923, 64 L.Ed.2d 572 (1980). See Tillman v. Coley, 886 F.2d 317, 319 (11th Cir. 1989); Barfield v. Brierton, 883 F.2d 923, 934 (11th Cir. 1989); Cornelius v. Town of Highland Lake, Ala., 880 F.2d 348, 352 (11th Cir. 1989). JOHNSON V. CANNON, (M.D.FLA. 1996)United States District Court, M.D. Florida, Tampa Division•947 F. Supp. 1567 (M.D. Fla. 1996)

 

Tao Lauw  Tao LauwMichael C SchoolBlah blah blah. One, I DON’T even HAVE a license and haven’t had one for over a decade. I don’t register my cars or anything at all. 

So please don’t try to tell me what I have, much less what I know. However, unlike your attempt to make ME look stupid, let’s take a tour of the demonstrable stupidity of your so-called facts in your imbecilic comments:

0) This is possibly the most idiotic statement I have seen in awhile:

“You only know Statutory Law but not Contract Law or Consumer Law or Business Law.”

Just what the hell do you think contract, consumer, and business law IS if not STATUTORY Braniac? Pull you head out of your ass, soon, because the lack of oxygen is costing you your precious few remaining brain cells.

1) Your Rodriguez case cite is as fake as your last IQ test. And the fact that you don’t KNOW that proves that your ‘research’ is either moronically sloppy or non-existent.

2) Your Terral cite is ALSO incorrect AND taken COMPLETELY out of context. Here is the full sentence of the cite:

“The principle established by the more recent decisions of this Court is that a state may not, in imposing conditions upon the privilege of a foreign corporation’s doing business in the state, exact from it a waiver of the exercise of its constitutional right to resort to the federal courts, or thereafter withdraw the privilege of doing business because of its exercise of such right, whether waived in advance or not. The principle does not depend for its application on the character of the business the corporation does, whether state or interstate, although that has been suggested as a distinction in some cases.”

Proving once again your Patrinut sucking skills is better than your vetting skills. Here is the ENTIRE opinion just in case you learn to read:

https://supreme.justia.com/…/federal/us/257/529/case.html

3) The Ohio Life Ins. case DOESN’T exist under the cite you have, nor does it exist in similarly named cases. You are now up to four self-inflicted FUBARs in just one comment. But, you seem to enjoy making slanderous comments about others while not doing your own ball-check before stepping into the ring, and now we’re going to see just how well you handle facts over fiction.

4) The CORRECT cite for Lansing is “Lansing v. Smith, 4 Wend. 9 (1829),” and that case went AGAINST the individual and FOR the corporate state. The proposition of the case was this:

“In New York, it was long considered as settled law that the state succeeded to all the rights of the crown and parliament of England in lands under tide waters, and that the owner of land bounded by a navigable river within the ebb and flow of the tide had no private title or right in the shore below high-water mark, and was entitled to no compensation for the construction, under a grant from the legislature of the state, of a railroad along the shore between high and low-water mark, cutting off all access from his land to the river, except across the railroad.”

In other words, it DISPROVES your intended implied use of the case in bolstering your so-called position.

5) The Luther case is one that you are ALSO taking out of context and offers no support for your alleged ‘process’ OR ‘paperwork’ methods. The full sentence of THAT cite goes like this:

” No one, we believe, has ever doubted the proposition that, according to the institutions of this country, the sovereignty in every State resides in the people of the State, and that they may alter and change their form of government at their own pleasure. But whether they have changed it or not by abolishing an old government and establishing a new one in its place is a question to be settled by the political power. And when that power has decided, the courts are bound to take notice of its decision, and to follow it.”

As anyone with an IQ higher than the number of ounces in an average can of soda can see, the case is speaking of the unified political body of the people, not one guy that thinks he’s found the way to write his own personal incantations to ward off the state.

https://supreme.justia.com/cases/federal/us/48/1/case.html

6) The correct cite for Houston is “Houston v. Moore, 18 U.S. 1 (1820),” and guess what, you are using ANOTHER shit-cite. It doesn’t exist in the opinion. So sorry, want a lollipop, ’cause this ass-whoopin’ is about to continue.
https://supreme.justia.com/cases/federal/us/18/1/

7) On to other non-surprises, your Mapp case cite is as non-existent as your ability to make a winning argument! No such language, implication, inference, or wild fucking guess is to be found in the opinion.
https://supreme.justia.com/cases/federal/us/18/1/

Bro’, I could do this ALL day and ALL night, because I totally fucking LIVE to destroy STUPID in all its forms. But, since I believe I have CLEARLY established that you really ARE the fucking moron I only assumed you originally were, I’m not gonna’.

The next time you want to appear intelligent and like you know what the fuck you are even doing on this planet, go talk to a kindergartner, maybe they won’t make you look so fucking stupid if you just stay in your corner of the sandbox.

supreme.justia.com

Like · Reply · Remove Preview · 2 · 15 hrs · Edited

Dan Bramschreiber  Dan Bramschreiber ha ha ha he surely hasn’t listened very much or very long.
Like · Reply · 3 hrs

Michael C School  Michael C School Have you heard of Trust Law? Testamentary succession refers to succession resulting from a legally executed testament. (*The Birth Certificate)
Testamentary succession is also known as the right of inheritance. A testamentary succession is fixed and determined at the moment of a decedent’s “death”.
What exactly is “civil death?”
The state of a person who, though possessing natural life, has lost all his civil rights, and as to them, is considered as dead. Quick v. Western Ry. of Alabama, 207 Ala. 376, 92 So. 608, 609.
The following is an example of a case law defining testamentary succession;
“A testamentary succession is that which results from the institution of heir, contained in a testament executed in a form prescribed by law. [Succession of Christensen, 248 So. 2d 45, 47 (La.App. 1 Cir. 1971)].” Juridictionary will only take you so far in life…….
Like · Reply · Yesterday at 12:30pm

Randy Neroni  Randy Neroni It is a great opinion. On that we agree.
Unlike · Reply · 2 · Yesterday at 12:33pm

Michael C School  Michael C School Can you show me where i am wrong in the Law?
Like · Reply · Yesterday at 12:34pm

Randy Neroni  Randy Neroni Yes I can. You ready ?
Unlike · Reply · 3 · Yesterday at 12:35pm

Randy Neroni  Randy Neroni Who has the burden of proof?
Unlike · Reply · 2 · Yesterday at 12:38pm

Jerry Howe  Jerry Howe State in a criminal proceeding.
Unlike · Reply · 1 · Yesterday at 12:38pm

Michael C School  Michael C School Ive already rescinded the Contract granting Presumptive Authority to the “State.”
Like · Reply · Yesterday at 12:38pm

Michael C School  Michael C School I am a Counter-Plaintiff as One of the People.
Like · Reply · Yesterday at 12:39pm

Randy Neroni  Randy Neroni Can you prove all that stuff you’ve accused yourself of?
Unlike · Reply · 1 · Yesterday at 12:39pm

Michael C School  Michael C School It works in Court
Like · Reply · Yesterday at 12:39pm

Jerry Howe  Jerry Howe Saying it works in a court and proving it did are two different things I’m looking for the proof.
Unlike · Reply · 2 · Yesterday at 12:41pm

Randy Neroni  Randy Neroni It’s all false witness. False witness against self is still false witness.
Why anyone still attempts to prove anything in a venue where he cannot prove any claim he makes, is beyond me.
Unlike · Reply · 1 · Yesterday at 12:43pm

Michael C School  Michael C School Lol! I posted my Doc’s as you requested and i am a firsthand witness. I have a Counter-Plaintiff Complaint template, just got to find it and i will post it. Defendant is the Surety. Counter-Plaintiff is a Beneficiary.
Like · Reply · Yesterday at 12:43pm

Michael C School  Michael C School Randy do you understand Precedence and Precedent are not one and the same?
Like · Reply · Yesterday at 12:44pm

Randy Neroni  Randy Neroni I understand what file your documents are going.
Unlike · Reply · 1 · Yesterday at 12:46pm

Jerry Howe  Jerry Howe I saw you docs Michael. Interesting they are, but they are not evidence in and of themselves that you have gained some sort of advantage or remedy.
Unlike · Reply · 2 · Yesterday at 12:47pm

Jerry Howe  Jerry Howe Let’s create an example scenario for the documents use.
Unlike · Reply · 1 · Yesterday at 12:50pm

Randy Neroni  Randy Neroni I’ve seen people try to argue this stuff to a judge that I know was giggling on the inside.

He was so encouraging though. He’d say “so how is it that the statutes don’t apply to you?”.

He’d listen to the whole thing and then say “that’s your opinion, the court disagrees. What else you got? “.

Must have been a slow day and they were bored.
Unlike · Reply · 3 · Yesterday at 12:52pm

Jerry Howe  Jerry Howe So, say your local county court issues a warrant for your arrest for failure to appear on a traffic violation/summons issued by a sheriffs deputy. Let’s say that warrant is issued in the all caps name. Does this name change thing mean you can just ignore the warrant? Is that what you’re saying Michael C School?
Unlike · Reply · 2 · Yesterday at 12:55pm

Jerry Howe  Jerry Howe Does it mean that if you are arrested on that warrant that they have the wrong guy?
Unlike · Reply · 1 · Yesterday at 12:57pm

Jerry Howe  Jerry Howe Really Michael, I’m just trying to ascertain what verifiable advantage or remedy you propose to get out of this name change. Because unless there is some advantage or remedy to be gained from it, than it seems to me your time would be much better spent studying the use of Title 42 so that you can get remedy.
Unlike · Reply · 1 · Yesterday at 1:22pm · Edited

Tao Lauw  Tao LauwTick, tock, tick, tock… methinks he hid beneath a rock.
Like · Reply · 1 · 19 hrs

Michael C School  Michael C School I have 4 kids and a life, Eddie, Randy Neroni why dont you guys debate me on the air? Randy Dees with the Wake Up Mission or Randy Shannon with 42 Action. 1983 is great if you like inferior Jurisdiction. Pro Se’ is the best position to bring forth a Title 42 1981 action. You are unlimited in your ability to CONTRACT.  https://www.law.cornell.edu/uscode/text/42/1981 Tick Tock Eddie

  42 U.S. Code § 1981 – Equal rights under the law

All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by wh…

law.cornell.edu
Like · Reply · 16 hrs

Randy Neroni  Randy Neroni Debate you about what exactly?
Like · Reply · 16 hrs

Michael C School  Michael C School There’s more to Law than you think. Do you know how to enforce your Rights and create your own enforceable Contract?
<Link to more Patrinut bullshit removed in the interest of public safety>
Like · Reply · 16 hrs

Randy Neroni  Randy Neroni You know what I know and think?
Like · Reply · 16 hrs

Michael C School  Michael C School I know you only know part of the law like Eddie and i see how you both hide behind each other instead of use Law in your replies. Acing Business Associations (Acing Law School )
Like · Reply · 16 hrs

Michael C School  Michael C School Thats a good book to get, its on Amazon cheap.
Like · Reply · 16 hrs

Randy Neroni  Randy Neroni I agree with Eddie because he knows what he’s talking about. Knowledge is a big deal with me.
Like · Reply · 2 · 16 hrs

Randy Neroni  Randy Neroni I used law on you earlier. You put the burden on yourself and couldn’t meet that burden. I didn’t win so much as you ensured you couldn’t win.
That’s exactly what would happen with your tactic in a judicial setting.
You want to prove that statutes don’t apply to you as an affirmative defense rather than leave the burden of proof on an accuser.

What possible advantage is in that?
Like · Reply · 1 · 16 hrs

Michael C School  Michael C School You didnt quote any law. You posed a question, i answered. I am a Counter-Plaintiff as One of the People. The State cannot proceed without an injured party and the State cannot be an injured party to an action.
Like · Reply · 16 hrs

Randy Neroni  Randy Neroni Injury is not the only way a party can have standing. A legal cause of action can also suffice.
Like · Reply · 1 · 16 hrs

Michael C School  Michael C School Depends on how much law you know. An entity has inferior standing to One of the People. Was there a Breach of the Peace witnessed by an officer of the Law? Corporations have Charters which can be revoked for breach of Ethics, Breach of Fiduciary obligation, Contract Fraud, etc..
Like · Reply · 15 hrs

Randy Neroni  Randy Neroni How many charters have you revoked?
Like · Reply · 1 · 15 hrs

Randy Neroni  Randy Neroni How many suits have you defended ? How many prosecuted?
Like · Reply · 1 · 15 hrs

Michael C School  Michael C School Why didnt you accept the on air debate then? HMM.. Tao is a follower of Jurisdictionary but cant create an enforceable Contract.
Like · Reply · 15 hrs

Tao Lauw  Tao Lauw “Follower of JurisDictionary?” You are smoking too many of your own turds there dude. I suggest that you make note of the comments I have posted here that might just be taking the wind out of your sails and your clobberfoot out of your ignorant mouth.
Like · Reply · 1 · 15 hrs

Randy Neroni  Randy Neroni He wants to debate what I think, according to the answer he gave.
Is that accurate, Michael?
Unlike · Reply · 2 · 15 hrs

Tao Lauw  Tao Lauw  Randy NeroniHe lost that debate before he even made the challenge, he’s just too wrapped up in his Patrinut blanket to see a clue.
Like · Reply · 2 · 15 hrs

Jerry Howe  Jerry Howe Tao & Randy, thanks for taking the time to set this straight. Michael‘s not the only member of this group who is still clinging to some of the various patrinut myths.But this is not the first time I’ve called him out on it because I’ve caught drift of him attempting to impose or propagate those theories over the use of real remedies such as what this group was founded upon. At least when it comes to some of the other folks who might still be clinging to these false beliefs and false hopes, they tend to remain quiet here in this group. And that’s OK because I figure, in time, if they keep reading and researching their beliefs might evolve past the nonsense. For that reason I really hate the idea of throwing people out of the group. However, in this case, because this has become an obviously ingrained pattern for Michael C School, I’m probably going to have to remove him from the group. I’m going to make a final determination on that later today. Once again, I thank both of you for your time and I certainly appreciate all the invaluable knowledge and skills you bring to this group.
Unlike · Reply · 3 · 5 hrs

Tao Lauw  Tao Lauw Jerry HoweThen might I suggest that you take his more egregious comments here and make a single post out of them, as well as my refutation of those comments. At least then, people won’t be so willing to just jump on the phantom silver bullet bandwagon.
Like · Reply · 2 · 4 hrs

Michael C School  Michael C School Lame asses is what you are.
Like · Reply · 43 mins

Tao Lauw  Tao Lauw Michael C SchoolYeah, excellent point-by-point refutation of the facts provided. Grow the fuck up.

You posted bullshit as truth and then reaped a whirlwind of ass-kicking corrections to your bogus information. You get off on passing off bogus information as if it is irrefutable fact and then you call US lame-asses?

Your ability to insult others is on par with your ability to do legal research and comprehend law, lower than whale shit on the bottom of the Laurentian Abyssal.

Like · Reply · 1 · 33 mins

Michael C School  Michael C School You two are ridiculous. Good riddance. Statutory Law is inferior to Contract Law.
Like · Reply · 32 mins

Tao Lauw  Tao Lauw Michael C School – Your statement “Statutory Law is inferior to Contract Law is irrelevant considering that you know even less than nothing about either if your other information is any indication. You are floundering more and more every time you open your mouth.

And now you’ve gone and forced me to make you famous as a perfect example of all that is wrong with the Patrinut theory of law. Way to go jackass.
Like · Reply · 1 · 29 mins

Randy Neroni  Randy Neroni He’s another one that’s going to claim I’m wrong as he goes into the cage.
Like · Reply · 1 · 21 mins



So, as you can see, even when given the facts that refute their already shaky lawful and legal foundation, they can’t get over their own cognitive dissonance to see past the fallacy of their understanding of the case opinions, the statutes involved, and piss poor arguments, much less the total fallacy of their now thoroughly discredited legal theory.

It is this very type of legal disinformation and delusional strategy that is costing people their rights and property at an already tremendous and ever escalating rate. NEVER take a case cite or statutory explanation at face value, regardless of how allegedly trustworthy the source, especially if it’s an attorney. Learn to both read and fully understand them for your own sake.

MEME - Beware of Stupidty &amp; Liberals T-Shirt

Motions – Challenging Jurisdiction

Okay, let’s talk for a brief minute about Motions to Dismiss that challenge both subject matter and in personam (personal) jurisdiction and WHY you want to file BOTH in separate individual pleadings. This was a discussion I had with someone earlier today about this subject, and it’s important to note the distinctions being made in the arguments within each pleading.

Q:  Can or should a motion to dismiss for lack of in personam jurisdiction read the same (or roughly the same) as a motion to dismiss for a lack of subject matter jurisdiction?

A:  They will have similarities to the facts of the arguments, but different focuses.

Q:  For example, would in personam focus more on the officer’s authority to stop you in the first place removing the authority from the court to hear the case?

A:  It works in BOTH.

A Motion to Dismiss for Lack of Subject Matter Jurisdiction Would go Something like this:

It is an uncontested fact that the arresting officer, Officer Ima Dickhead (“Officer Dickhead“), conducted no investigation into discovering any facts or evidence that would prove Respondent was engaged in “transportation” at any time prior to or during the alleged regulatory offense.


It is an uncontested fact that Officer Dickhead‘s entire basis for making such an allegation is based entirely upon his/her own unsubstantiated personal presumptions of law rather than actual facts or evidence.


It is an uncontested fact that Officer Dickhead has no lawful authority to seize and arrest Respondent without warrant for an alleged “transportation” offense if the officer lacked any articulable facts and evidence supporting probable cause to believe that Respondent was actively engaged in “transportation.


It is an uncontested fact that, absent any facts and evidence that Respondent was engaging in “transportation,” Officer Dickhead lacked not only articulable probable cause to make a warrantless seizure and arrest of Respondent, but also any and all subject matter jurisdiction over Respondent relating to enforcement of regulatory statutes relevant to same.


It is an uncontested fact that, if Officer Dickhead never believed that Respondent was actively engaged in “transportation” at the time of the alleged offense, thus Officer Dickhead never intended to perform any investigation that would result in the discovery of any admissible facts and evidence that would prove Respondent was so engaged, then it cannot by rightfully said that Officer Dickhead was acting on any specific articulable facts or evidence supporting probable cause, but was acting instead upon an entirely unlawful and unsubstantiated legal presumption that the existing facts and evidence did not support.


It is an uncontested fact that, given the current state of tensions in this nation and this state relating to law enforcement officers brutally assaulting, injuring, and murdering individuals that are doing nothing more than asserting and exercising their fundamental and constitutionally protected rights to not be subjected to false arrests, abuses of police power, and injurious physical assaults and death at the hands of out-of-control law enforcement personnel, Officer Dickhead‘s demonstrably faulty and unsubstantiated legal presumption and callous disregard of the facts and the law created an unacceptable level of danger to the life, person, rights and property of Respondent as well as that of the general public to a degree that is shocking to the conscience.


As Officer Dickhead lacked any actual articulable facts and evidence that Respondent was actually engaged in “transportation” at the time of the warrantless seizure and arrest of Respondent, and never made any attempt whatsoever to investigate into this necessary and mandatory element of subject matter jurisdiction relating to the alleged offense, there was no legal basis creating a foundation for articulable probable cause that would serve to support Officer Dickhead‘s warrantless seizure and arrest. Therefore, the warrantless seizure and arrest of Respondent by Officer Dickhead was completely unlawful and illegal and was not based upon any probable cause supporting subject matter jurisdiction.


A Motion to Dismiss for Lack of In Personam Jurisdiction Would go Something like this:



It is an uncontested fact that the arresting officer, Officer Ima Dickhead (“Officer Dickhead”), conducted no investigation into discovering any facts or evidence that would prove Respondent was engaged in “transportation” at any time prior to or during the alleged regulatory offense.


It is an uncontested fact that Officer Dickhead‘s entire basis for making such an allegation is based entirely upon his/her own unsubstantiated personal presumptions of law rather than actual facts or evidence.


It is an uncontested fact that Officer Dickhead has no lawful authority to seize and arrest Respondent without warrant for an alleged “transportation” offense if the officer lacked any articulable facts and evidence supporting probable cause to believe that Respondent was actively engaged in “transportation.”


It is an uncontested fact that, absent any facts and evidence that Respondent was engaging in “transportation,” Officer Dickhead lacked not only articulable probable cause to make a warrantless seizure and arrest of Respondent, but also any and all in personam jurisdiction over Respondent relating to enforcement of regulatory statutes relevant to same.


It is an uncontested fact that, if Officer Dickhead never believed that Respondent was actively engaged in “transportation” at the time of the alleged offense, thus Officer Dickhead never intended to perform any investigation that would result in the discovery of any admissible facts and evidence that would prove Respondent was so engaged, then it cannot by rightfully said that Officer Dickhead was acting on any specific articulable facts or evidence supporting probable cause, but was acting instead upon an entirely unlawful and unsubstantiated legal presumption that the existing facts and evidence did not support.


It is an uncontested fact that, given the current state of tensions in this nation and this state relating to law enforcement officers brutally assaulting, injuring, and murdering individuals that are doing nothing more than asserting and exercising their fundamental and constitutionally protected rights to not be subjected to false arrests, abuses of police power, and injurious physical assaults and death at the hands of out-of-control law enforcement personnel, Officer Dickhead‘s demonstrably faulty and unsubstantiated legal presumption and callous disregard of the facts and the law created an unacceptable level of danger to the life, person, rights and property of Respondent as well as that of the general public to a degree that is shocking to the conscience.


As Officer Dickhead lacked any actual articulable facts and evidence that Respondent was actually engaged in “transportation” at the time of the warrantless seizure and arrest of Respondent, and never made any attempt whatsoever to investigate into this necessary and mandatory element of in personam jurisdiction relating to the alleged offense, there was no legal basis creating a foundation for articulable probable cause that would serve to support Officer Dickhead‘s warrantless seizure and arrest. Therefore, the warrantless seizure and arrest of Respondent by Officer Dickhead was completely unlawful and illegal and was not based upon any probable cause supporting in personam jurisdiction.




What you have to understand is, that although the facts that lead up to both challenges are essentially the same, the focus of the challenge can and would be different between a challenge to subject matter versus in personam jurisdiction. These same points of argument would serve just as well in a “Motion to Suppress” considering that, since the facts show that probable cause never existed, then the officer conducted an illegal search and seizure of the person, the conveyance, and the personal information relating to both.

Furthermore, in order for any of this information to remain admissible, the state must first PROVE that the warrantless arrest was valid by proving that probable cause DID exist, AND that the officer properly complied with Art. 38.22, Code of Criminal Procedure. The problem for the state, however, is that the officer NEVER attempted to obtain any such evidence AT THE TIME OF THE ALLEGED OFFENSE. And failing to do so would make ANYTHING they try to use thereafter, like a driving record or other official record relating to licensing, registration, inspection, financial responsibility, etc., etc., INADMISSIBLE because it is NOT relevant to the original stop and arrest and certainly not a direct result of the officer’s actions at the original stop.