Habeas C & Provost-Marshal

- red-folder

Take the 5th  without assistance of Counsel.

INDEX

1. Memorandum of Law - Habeas example. Create one for your state using information from item)

2. State Location listing for Habeas by Colony or Territory (3 pages)

3. Provost Marshals Office Citizen Commendations/Complaint Form (2 pages normally back to back)

4. Request for Assistance of Counsel (2 pages)

5. Defendant Does NOT Plead document

6. Verified Application for Permission to Proceed in Forma Pauperis

7. Refusal form to be completed when Attorney or Counselor-at-law will NOT provide Assistance of Counsel

8. Judicial Notice

9. Assistance of Counsel (two pages)


Plaintiff                                                            Case # Vs.

Defendant

 

MEMORANDUM OF LAW

In Support of Minnesota Habeas Corpus
Submitted Under Minnesota Statutes Chapter 589

COMES NOW THE PETITIONER________

 

who is unschooled in law and speaks only in guttural vernacular to apply his right to the Writ of Habeas Corpus to inquire as to the Nature and Cause of His detention in__

 

1. No meaningful hearing before a Court of Record has occurred prior to incarceration.

 

2. No explanation of the Nature of the Action has been explained to petitioner prior to incarceration.

 

3. No explanation of the Cause of Action has been explained to petitioner prior to incarceration.

 

4. No assistance of Counsel was afforded petitioner.

 

5. Subject Matter Jurisdiction was not established prior to incarceration.

6. This petitioner demands immediate implementation of this Writ.

7. All findings of fact and conclusions of law regarding this Writ shall be in writing.

 

Respectfully submitted

Date:_______________________

/s/


    13 COLONIES

Connecticut - 2013 Connecticut General Statutes, Title 52, Chapter 915, Section 52-466

Delaware - 2016 Delaware Code, Title 10. Chapter 69

Georgia - 2010 Georgia Code, Title 9, Chapter 14

Maryland - 2010 Maryland Code, Title 3, Subtitle 7

Massachusetts - Title IV, Chapter 248

New Hampshire - 2014 New Hampshire Revised Statutes, Title LV, Chapter 534

New York - 2013 Consolidated Laws, Article 70 (7001-7012)

New Jersey - 2013 New Jersey Revised Statutes, Title 30, Section 30.6C-9

 North Carolina - 2009 North Carolina Code, Chapter 17

Pennsylvania - 2016 Pennsylvania Consolidated Statutes, Title 42, Chapter 65

Rhode Island - 2012 Rhode Island General Laws, Title 10, Chapter 10-9

South Carolina - 2016 South Carolina Code of Laws, Chapter 17

Virginia - 2006 Code of Virginia § 8.01-666

    TERRITORIES

Alabama - 2006 Alabama Code, Title 15, Chapter-2 1

Alaska - 2014 Alaska Statutes, Title 12, Chapter 12.75

Arizona - 2015 Arizona Revised Statutes, Title 13, Chapter 38, Article 26

Arkansas -2015 Arkansas Code, Title 16, Subtitle 7, Chapter 112

California - 2016 California Code, Part 2, Title 12, Chapter 1

Colorado - 2010 Colorado Revised Statutes, Title 16, Article 19, §16-19-111

Florida - 2005 Florida Code, Chapter 79

Hawaii - 2015 Hawaii Revised Statutes, Title 36, §660

Idaho - 2016 Idaho Statutes, Title 19, Chapter 42

Illinois -2005 Illinois 735ILLCS 5, Article X

Indiana - 2012 Indiana Code, Title 34, Article 25, Chapter 1

Iowa - 2014 Iowa Code, Title xv, Subtitle 5, Chapter 663

Kansas - 2014 Kansas Statutes, Article 15

Kentucky - 2013 Kentucky Revised Statutes, Chapter 419

Louisiana - 2011 Louisiana Laws, Revised Statutes, Title 33

Maine - 2005 Maine Code, Title 14, Chapter 609 §5501-5547

Michigan - 2006 Michigan Compiled Laws, Chapter 43, 600.4301...600.4387

Minnesota - Submitted Under Minnesota Statutes Chapter 589

Mississippi - 2013 Mississippi Code, Title 11, chapter 43

Missouri - 2011 Missouri Revised Statutes, Title XXXVI, Chapter 532

Montana - 2015 Montana Code Annotated, Title 46, Chapter 22

Nebraska -2006 Nebraska Revised Statutes, §29-738

Nevada - 2010 Nevada Code, Title 39, Chapter 433, NRS 433.464

New Mexico - 2006 New Mexico Statutes, Section 31-4-10

North Dakota - 2016 North Dakota Century Code, Title 32, Chapter 32-22 Ohio - 2013

Ohio Revised Code, Title 27, Chapter 2725

Oklahoma - 43A Oklahoma Statutes §43A-1-108 (2014)

Oregon - Oregon Statutes, Chapter 34, 34.310-34.730

South Dakota -2010 South Dakota Code. Title 21, Chapter 27

Tennessee - 2010 Tennessee, Title 29, Chapter 21

Texas - 2005 Texas Code of Criminal Procedure, Chapter 11 Utah - 2006

Utah Code, 62A-15-709

Vermont - 2016 Vermont Statutes, Title 18, Chapter 189, §8005

Washington - 2005 Revised Code of Washington, Chapter 7.36 RCW

West Virginia - 2015 West Virginia Code, Chapter 53, Article 4 §53-4-13

Wisconsin - 2016 Wisconsin Statutes & Annotations

Wyoming - 2010 Wyoming Statutes, Title 1, Chapter 27

 

If you need to serve a Habeas. check your state's cite using the following information provided above


Commendation

 

The Provost Marshals Office is committed to providing the public with professional law enforcement service. We shall always strive to perform our duties with acceptance, understanding and approval. If you would like to commend a Marine Military Policeman or Police Officer fur work or service considered worthy of recognition, please complete the form found on the back of this page and (1o one of the following:

 

       Mail your comments to the Provost Marshal at the address listed below, or

        The form can be dropped off at the PMO Desk Sergeant at the same location. The PMO Desk Sergeant is manned 24/7.

 

Provost Marshals Office 2043 Barnett Avenue MCB Quantico VA, 22134

 

Once your commendation has been received, it will be documented and conveyed to the employee and his or her supervisors. A copy of the commendation will also be placed in the employee's permanent service record. As you would expect, out- Marines and Police Officers sincerely appreciate positive feedback from the citizens they serve.

Complaint

 

Likewise, it is the policy of the Provost Marshals Off ice to accept and investigate all complaints or allegations of misconduct on the part of any employee. In doing so, the Provost Marshals Office will endeavor to be fair to both the complainant and the employees(s) involved.

To register a complaint, please complete the form found on the back on this page and contact one of the following:

 

·     The on-duty Desk Sergeant

·     The on-duty Patrol Supervisor

·     The on-duty Watch Commander

·     The PMO Operations Chief or Operations Officer

·     The Deputy Police Chief

·     The Provost Sergeant

·       The Provost Marshal

 

Your contact can be made in writing, by telephone, or in person to the address and phone numbers listed below.

 

Once your complaint form has been received, it will be investigated according to appropriate procedures and you will be notified of the results. The Provost Marshals Office encourages the filing of legitimate complaints as a means to hold the Department and its employees accountable to the public.

 

Provost Marshals Office
2043 Barnett Avenue
Marine Corps Base Quantico, VA 22134

 

Duty supervisors: (703) 784-2252

Operations Section: (703) 784-3799/4155/6793

HQ (Provost Marshal, Provost Sergeant, and Deputy Police Chief` (703) 784-3335


Provost Marshals Office Citizen Commendations/Complaint Form

Name of Citizen, Address (Street, City State, Zip) and Telephone Number

PMO Personnel Commend/Complained About

What Happened: Describe in your own words, everything you consider necessary for PMO to investigate your complaint such as (the date, time, location, etc. Use additional paper if necessary. You may also use this form to compliment an officer on his or her conduct. Please be as detailed as possible. Date of incident:

 

Time of incident:____

 

Location of incident:_________________________________________________________________   __________________________________________________________________________________ __________________________________________________________________________________ Details:____________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

Were There Witnesses? Yes ___ No ___ If Yes, Please List:

Name, Address, Telephone Number -- I understand that I will be informed of the result of the Police investigation and the disposition of my complaint. I have read the above statement and it is true and accurate to the best of my knowledge.

Signature:  _________________________

 

(PMO Use Only) Received at                                                            Date

(PMO Use Only) Signature of Receiving Authority .                           (PMO  Use Only) Completed form will    

                                                                                                                                        be forwarded to the PMO

                                                                                                                                        Deputy Police Chief


Plaintiff                                                                                       Case #

Vs.

Defendant

This document is drafted with the direction of ____________  for the purpose of securing and noticing the above parties the matters illustrated herein and no other, this day of _          20- ____

____________________ requests that this court afford ___________ unfettered assistance of counsel for his/her defense as provided for in the Constitution for the United States and the Constitution of _______________________ (your state) affording his/her assistance of his/her own choice in prosecuting defenses to allegations propounded against the peace and dignity of his/her lawful use of the public way in the locomotion of his/her person and property not subject to licensure and therefore the regulation complained of or it's penalties.

 

Such "assistance of unfettered Counsel" is to have no allegiance or duty to any sovereign organization, system or individual other than______________ and the rights secured in this proposed act of peaceable assembly for the redress grievance to the party claiming injury.

 

As I am an individual exercising a secured right, not subject to diminishment by rule or custom, I am not proceeding nor do I intend to proceed in propria persona or as "pro se" or other representative capacity nor do I contemplate that I am competent to proceed or appear without assistance of Counsel in any proceedings.

This matter should be heard as soon as possible before trial is scheduled on that day as this matter bears on my ability to prosecute an effective defense and therefore, a fairer trial.

 

MEMORANDUM IN SUPPORT OF REQUEST FOR ASSISTANCE OF
UNFETTERED COUNSEL

 

The Constitutions for the United States and the Constitution of   ______________________ (your state) both provide That "In all criminal prosecutions, the accused shall have the assistance of Counsel for his/her defense, (the word "counsel" is not capitalized in the State Constitution.)

 

Further, the Sixth Article of the United States Constitution provides in part:

"This Constitution, and the laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, and any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

 

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution.."

To deny the exercise of a protected activity to one rightfully not prohibited or barred by incapacity from exercising such conduct is to do violence to the Oath of the office by which such performance is mandated, and dishonoring the service agreement for which all "officials" are remunerated while serving in the capacity for which they have given such Oath.

 

 

It is well known that "lawyers' are officers of the court as a privilege afforded to those who swear allegiance to the "Bar" and are licensed to "practice" before "courts", sometimes using the appellation "Esquire" to distinguish themselves from the "laity". By the terms of the Constitution for the _________________ your state _______________ .  Judges are required to be "licensed as Lawyers" to practice law as a condition of obtaining said office, and as "bar" members, are also afforded such privilege as ` membership in the Bar" carries with it, not excluding the title of nobility known to all the laity as "your honor."

Is it possible that the bar association had a least minor influence in drafting the language used to establish such a foundation for the judiciary, or perhaps just enough influence on the "model constitution" from which this "progressive" idea was obtained to support such a monopoly in a "free" state?

It is axiomatic that a grant of privilege results in a reciprocal "duty" to the "grantor" of the privilege. Such privilege and duty converts to allegiance in circumstances of conflict of interest, as when a contract of employment with appointed or hired defense lawyers conflicts with "bar" policy; reducing the contract to that of secondary importance. (See e.g., Corpus Juris Secundum under Attorney and Client.).

Given the duty of a recipient of a privilege to the provider of the privileges, it is likely that the representations of the bar "Counsels" are at least as likely as not to be biased in favor of the bar when the question turns on that which affects the members in the negative.

Given that I do not choose to be adventuresome in respect of my liberty, I have decided to exercise the only available alternative and prosecute such defenses as is practicable given the prevailing conditions.

 

Done this__ day of______________ , 20  ____  as related above and signed below at the instance of the accused__________        with copies to be served on all appropriate parties.

 

Date                                                               Respectfully Submitted,

 

                                                                       ______________________________________

PROOF OF SERVICE

 

A true and correct copy of the foregoing Motion was hand delivered/mailed to below named party(s). DATE:                                                                 /s/_________________________________

 

Plaintiff                                                             Case #

Vs.

Defendant

Defendant____________________________________________ appearing specially and without prejudice while reserving all rights and waving no rights in the above entitled action enters the following plea:

 

Defendant Does NOT Plead

Dated__________________                 /s/_______________________________________


Plaintiff

Vs.

Defendant

VERIFIED APPLICATION FOR PERMISSION
TO PROCEED IN FORMA PAUPERIS

 

I come before this Court through my First Amendment right of redress of grievances which includes my right of access to courts, Nestle Ice Cream v. N.R.LB., 46 F3d 578 (6th Cir. 1995); which cannot be impaired either directly or indirectly In Re Workers' Refund, 46 F3d 813; and said right is birthplace for the right of court access, Bieregn v. Reno, 59 F3d 1445 (3rd Cir. 1996); and constitutional rights cannot be denied because of the hostility to assert/exercise them, Watson v. Memphis, 3;75 US 526; and no sanction or penalty can be imposed upon one because of the exercise of

said rights, Sherer v. Cullen, 481 F. 946.

 

I, ___________________ your name___________________, depose and say that I am the _______________ in the above entitled case; that in support of my application to proceed without being required to prepay fees, costs or give security therefore, I state that because of my poverty, I am unable to pay costs of said proceeding or give security therefore, that I believe I am entitled to redress; and that the issues which I desire to present are the following:

 

I, further affirm that the responses which I have made relating to my ability to pay costs of prosecuting are true:

 

1. Your Name is not presently employed nor has been for the past ___________ years.

2. I have no savings account but I have a checking account with a $ __________ balance.

3. My income for the past 3 years was approximately $ ______________

4. Your Name has ____________ a monthly (Social Security, Railroad Pension, PERA, Military Pension), -whatever - which is his/here only income.

 

I understand that a false statement in this application will subject me to penalties for perjury. Date ____________________ /s/ _______________________________

 

 

ORDER

 

Let the applicant proceed without prepayment of costs or fees, the necessity of giving security therefore.

 

/s/_________________________________________________


Refusal to Contract with the Accused as an Attorney and Counselor-at-law

I, ________________, being an Attorney and Counselor-at-law, do hereby sign this Notice confirming that I will be unable to provide Assistance of Counsel as secured in the Sixth Amendment and the Judiciary Act of 1789 Section 35 to the Accused.

 

And further, ____ I will / ____ I will not disclose the reasons for being unable refusing to provide Assistance of Counsel to the Accused as secured in the Sixth Amendment and the Judiciary Act of 1789 Section 35.

 

I have attached / have not attached to this Refusal the reasons why I am unable to provide Assistance of Counsel as secured in the Sixth Amendment to the Accused.

 

 

Date ___________________ _______________________

                                                          Signature of Counselor

Plaintiff                                                             Case # Vs.

Defendant

 

JUDICIAL NOTICE

 

COMES NOW, ________________________ , American National Citizen, propria _________________    your name

persona, defendant, non-licensed attorney litigant, the undersigned, and now gives Notice to the court; NOTICED the court is now a Judicial, and not an administrative proceeding, and

FURTHER NOTICED said Defendant is a Citizen, one who retains full Constitutional rights and enjoys and benefits thereof, and

FURTHER NOTICED, FAIR WARNING, NOT AS A THREAT, NOTICE pursuant to United States v. Lanier on certiorari No. 95-1717, is hereby given each member of the prosecuting party.

Date: ______________              /s/ _____________

Certificate of Service

A copy of the foregoing pleading was mailed 1st class/hand delivered to below named party(s).

Date: ______________             /s/ _____________


ASSISTANCE OF COUNSEL

 

An Assistance of Counsel is a Counsellor-at-law that is Learned in the Law. This right is secured in the Sixth Amendment because NO ONE can represent your constitutionally secured rights. A Counsellor-at-law can assist you, help you formulate questions to ask and speak for you with you totally in control. This can be seen in the Giles Jacob English Law dictionary corrected and enlarged by T. E. Tomlins inn 1811 publication. See Attorneys, Barrister., Counsellor, And Trials. An Attorney at Law will only "represent" you, which means to stand in your place for your business interests and contracts, and act on your behalf while being totally in control of the case with very minor exceptions. An attorney at law operates in the statutory non-constitutional courts that evidence demonstrates are merely the Roman Civil Law courts with praetors being in equity using commerce [hybrid courts with Admiralty) and minus our Constitution as a rule of law. In the Roman Civil Law the State is the source of all rights with a minimum of a dual system of law being composed of jus civile [leges] [our legislature] and trumpeted by the jus honorarium [praetor edicts (judge made law). lex praetoria (equity rules and court orders that are used as law and abolishing the common law writ of quo waranto. etc.) and jus gentium [jus gentium privatum or jus gentium publicum]. This was accomplished by the process called codification. See the Institutes. See also the Annotated Compiled Laws of Alaska of 1949 in Title 69. In this civil law system as a corporate defendant, the judge will enter a plea of NON GUILTY before you have Assistance of Counsel. See Title 66 for the stark difference in preliminary examinations [not used today in Alaska] on Assistance of Counsel and also see the arraignment in Title 66 versus the Title 69.

 

In our Constitutional Republic only a limited delegation of Power is given to the several States and a grant of Power to the United States. A citizen of the United States of America is the sovereign capacity coming into existence with the Articles of Confederation, with an American citizen being the same as the citizens in the ""original States"" before the Articles of Confederation. The Articles of Confederation was the beginning of the ""several States''".

 

The other extremely important issue is that Assistance of Counsel, being a Counsellor-at-law learned in the law, is required BEFORE the arraignment process begins and he will assist you to understand the nature and cause of the action, can challenge the judge's qualification as we have no public officers today. can challenge the court's jurisdiction, will validate that the charging documents are constitutionally correct, determine that there is a judicial probable cause-determination based upon evidence, and other important functions to assist you with your constitutionally secured rights.

 

There is no longer any judicial determination of probable cause based upon evidence as the true judiciary is non existence today. The beginning of the criminal charges whether a complaint information or some combination thereof up and through a grand jury is all Executive.

 

The copy of a complaint [commercial document] is used to gain jurisdiction, being that the complaint termination or indictment itself is the actual probable cause and this is usually found in criminal rule 5 of 5.1 of the court rules [lex praetona].

 

What is the difference between an Attorney at Law and a Counselor-at-law?

 

Giles Jacobs corrected and enlarged by T.E. Tomlins definitions of Attorney. Barrister. Counselor, and Trial of the year of 1811

 

Annotated Compile Laws of Alaska of 1949 with the differences demonstrated between the Civil Law in Title 69 and the Common Law side in Titles 66. In Title 69 there is no Assistance of Counsel used at the arraignment, but in Title 66 the Assistance of Counsel is mandatory in the preliminary examination and the arraignment.

Here is the document to be filed with an Attorney at Law noticing him that he is not a Counselor­at-law and of the possible criminal and civil liabilities.

 

Brief to file with prosecutor Accused Is Without Assistance of Counsel