Hey Colonel;
We talked on the phone several weeks ago. I am the guy in Mississippi who beat the ticket.
The recording of it became corrupted on the computer. I've been having a guy try to recover it. Might work later. If yes, I'll let you know.
BUT, I wrote the transcript the next day. Here it is, exactly as it went down.
Prelim remarks. I believe the reason it worked is simply because I did not plead along the way. In other words, I talked with the clerk on at least 2 occasions before the date to move the date, etc., and on each occasion, she tried to get me to state how I pled or would plea.
Having gone to court and won on a wildlife charge and come to understand that "pleadings perfects jurisdiction," I had figured out the game. So, I fastidiously did NOT plead, and I made it abundantly clear to the clerk that although she is Christian and good person, she was, after all, an officer of the court and as such, she should, in no way, say or intimate to the 'judge' that I pled anything, and if she did, I was going to be very upset and sue her.
So, in court, here's the transcript:
judge: "So, Mr. File, are you here today to plead not guilty."
Me: "Your Honor, I have not pled anything." (my way of saying have not, will not be doing it now because I know you do not have jurisdiction now unless I screw up and give it to you.)
I waited 2 Mississippi:
Me: "Your Honor, may I ask the Court a question?"
judge: "Yes, you may."
Me: "Do pleadings perfect jurisdiction?"
Here, it was as though I farted in church on a wooden bench on the front row. Pussel-gutted prosecutor almost had a heart attack and started blurting out 'jurisdiction' stuff cause he had some more money to collect and they didn't see this coming.
Judge was taken aback and blurted,...
judge: "Yes."
I waited 2 Mississippi:
Me: "Therefore, your Honor, may I MOVE the court to dismiss the charges, immediately?"
judge had his head down writing. He needed a story like the prosecutor did. He said,
judge: "Yes, you may. The officer is not present anyway."
Officer WAS present in street clothes. judge needed a story for the other people cause they were domestic charges and didn't have an officer. Reason I know that is because I listened to all the attorneys talking with them before. I just sat there with my head down like I was napping and listened so hard I could hear the mice in the damn wall. I had everybody pegged. Lambs to the damn slaughter for Fed Res Notes.
10 seconds went by, maybe.
judge said: "You are free to go, Mr. File. Have a nice day."
I walked out through 5 attorneys and 2 police officers sporting 9 MM's and Tasers like I was Barac, 'Insane,' Obama.
Whole thing took less than 30 words from me. Saved me $168 Federal Res Notes.
You and I already talked about the procedure problems I set up on them using these words and getting the question before the court, first.
He had to address the question. If he didn't, I'd get it on the record and beat, and embarass him on appeal as the record is all that matters on appeal unless, of course, well, no matter right now.
The thing that made me figure it this way is I heard an attorney on the radio the day after my Fed Court Wildlife thing talking about pleadings. He was showing out and didn't even know what he said. He go broke lawyering if he practiced what he preached because no court, save a victim case of murder or rape, could get one of his clients into jurisdiction.
Hence, the Bar would sanction me if I were
judge: "So, Mr. File, are you here today to plead not guilty."
Me: "Your Honor, I have not pled anything." (my way of saying have not, will not be doing it now because I know you do not have jurisdiction now unless I screw up and give it to you.)
If that " person " "APPEARED" before the Court, they now had PERSONAM JURISDICTION
look it up
why do you think they call them " APPEARANCE TICKETS "
BETTER CALLED " self arrest warrants "
I am soooo tired of reading this crap
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Originally Posted by David Merrill
