Prosecutions WITHOUT an Actual Injured Party are a SHAM

[EZrhythm]

Any prosecuted statute, code, infraction, misdemeanor, felony, etc. to which there is NO competent fact witness who has been injured is a sham. The citing officer nor the district/prosecuting attorney can be the competent fact witness.



Statements of counsel, in their briefs or their arguments are not sufficient for a motion to dismiss or for summary judgment, Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647.

Actual facts not mere allegations of complaint are determinative of issue of jurisdiction.
If there is no witness there are no facts, if there are no facts there is no jurisdiction.

The narrator in the video doesn't provide good examples but one may insert;
...didn't come to a complete stop.
...was fishing without a license.
...didn't file income tax returns, etc.

[Chex]

With Regards to Trinsey v. Pagliaro Good reference; great point EZrhythm, who doesn’t love earth shaking Supreme Court sit down and shut up statements, (facts).

The state and annotated statutes.

[AllanNR]

so if I understand this correctly, only the injured party can be a "competent witness"? In other words lets say for example you get pulled over for speeding. The "complaining witness" who is the cop who pulled you over is not a competent witness because he was not injured by how fast you were driving?

[EZrhythm]

That is correct! In fact he is acting as a foreign third party agent.

[AllanNR]

hmm interesting, I actually bring this up because I have to fight a couple of tickets next month and was looking for opinions on procedure. Normally I have gone before the bench and asked the court clerk to tell the judge that I am making "a reservation of my rights before the court" to which the clerk usually looks at you like you have three heads but has not been met with resistance by the judge. In fact my brother beat a $400 speeding ticket using this approach in which the cop never showed up to testify (wonder if they warn them ahead of time about stuff like this). anyway after doing that I want to follow up with "and ask this court to produce a competent witness"? or should I use the term injured party?

[Brian]

Do not plead to anything. When called ask the judge if pleadings perfect jurisdiction? If and when he says yes motion for dismissal.

See: http://www.godlikeproductions.com/fo...ge1304915/pg50

about a quarter of the way down the page.

[AllanNR]

interesting as this has almost been revealed in court when they deal with the most ignorant of all people, non english speaking immigrants who don't understand the process or what is being asked of them. It usually leads the judge to have to explain that without a plea they can't proceed.

[EZrhythm]

...or should I use the term injured party?

I posted a method under Success Stories; http://savingtosuitorsclub.net/showt...=3947#post3947

[AllanNR]

I noticed something interesting about the "tickets" the cop gave me, the court date says 8-14, which falls on a sunday. I dont think they normally screw up like that, could something be up there?

[EZrhythm]

Citations usually state that one promises to appear on or BEFORE the date indicated. If one wanted to appear before a judge then the court would schedule a new date for when the court would be in session.

A Notice to Appear may also be responded to by "Special Appearance" and demurrer through the mail. I know of instances where people have sent in jurisdiction questions or a Conditional Acceptance and the replies from the court are always "non-responsive".