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  1. #11
    Quote Originally Posted by David Merrill View Post
    You cannot form a state within a state - not in America. It is against the Constitution.

    Your identity depends on the truth, and how you identified yourself. If the court is proceeding in misnomer, that is a fatal flaw to be taken advantage of with an abatement for misnomer.

    I should correct that, If you have the consent of the State and Congress you can form a new state within that State. It's just that there cannot be any territorial overlapping of boundaries. Treaties can regulate policy on extraterritorial rights. Panama is not called Little China, but it might as well be.

    Within the lesson plan though:

    Officer: What is your name?
    David Merrill: David Merrill.

    If somebody provides hearsay that my name is David VAN PELT then I have not been heard. Somebody else, supposedly more an expert that me about my name has been heard and must be proven to be correct for it to stand in court. I can by right abate for misnomer and then it comes down to the question; Am I competent to state my name?

    The primary artifacts indicate that my name is indeed David Merrill so everything indicates that I am indeed competent to know my name. Therefore I Refuse for Cause the Presentment (bail bond) and publish it at the county clerk and recorder with an abatement for misnomer. The abatement requests that the clerk of court corrects the name on the case to "David Merrill" which translates to "DAVID MERRILL" - the constructive trust. I can presume that on the facts, this will be done - the true judgment has already been adjudicated since my being named as an infant. I give the clerk ten days to correct the name and he decides on the record to hold on to the hearsay testimony instead of the finding of fact. So I default the court, publish that judgment too, and walk away.

    There is something Motla68 keeps bringing up about CoreSource Methods but I will stick to what is described in the law. The pleadings (arraignment) founded upon misnomer are faulty. The prosecutor and prosecutor/judge in (Bar) association can team up on me and try making me forget that state (of error) so they can proceed. I can even let them railroad me in a hearing or two and then mention, I don't feel like I have been arraigned.

    Back to Square One. Arraignment. But sadly I came back at the next hearing date correcting him so that he had to keep calling me Mr. Merrill. Sadly for the prosecution - that was not the name on the Case - and that kept pointing out the fatal flaw.


    Regards,

    David Merrill.


    P.S. It gets interesting when you turn the tables. This prosecutor/judge was formerly chief prosecutor and thought he had me pegged. He had me profiled. This is another point in the case where he threw the whole case! All I did was ask, May I have your name please?

    Is there some reason I could not become holder in due course of the David A. GILBERT?

    He, a trained active attorney sure seemed to think so! He sounds as though he was not about to allow me to capture his court.

    This addresses the state within a state theories too. I have a right to think whatever I want to. My state of mind is not a territorial state. If I want to fly flags and make up laws on my own property - cool! It is nothing more than my state of mind manifest in my dominions. I cannot manifest the state of David Merrill (PLANET MERRILL) territorially without consent of Congress and the State of Colorado.
    Last edited by David Merrill; 03-27-11 at 10:55 AM.

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