|February 26, 2003 Update
From David Justice,
Something remarkable happened yesterday. The HMS Defiant is being
from its captivity!!
Why? How? Well, I can't say I am sure. Yesterday, February 25,
2003 A.D. I
was feeling a heaviness in my Spirit, so heavy I was unable to work.
had filed multiple post conviction motions back into the Traffic court
Monday and was apparently, subconsciously, weighing the possible outcome
I went back to the jail early and was greeted by a CSP trooper who asked
if I was intending to retrieve the Corolla. I told him that to my knowledge
I was unable to retrieve it due to a joint court order and CSP hold
mandating that I obtain a Colorado certificate of title, registration
insurance before release could be authorized. He corrected me saying,
you can get it, you need only pay the tow company $400.00 for the storage."
I told him he'd better check with the Chief Judge to be sure.
He did me one
better and checked with both the Judge and DA, who told him the car
released, notwithstanding a lack of certificate of title and registration.
I contacted the Tow company today and negotiated to have the car release
me for $100.00. If I fail to pick up the car, he warned that he would
an abandoned vehicle report, obtain a certificate of title, and sell
As you may already know, I am presently serving a six month sentence
county jail for operating the car (a 1976 Toyota Corolla, a/k/a "HMS
Defiant") on the public highways on July 3, 2001 without a license
(irrespective that I presented a valid license issued by the Embassy
Heaven Church); false or fictitious license plate (the state didn't
one issued by the church); no registration (the state didn't like the
registration either); No insurance; (irrespective of the
certificate/affidavit of self-insurance I presented at the encounter).
Defiant was towed to the lot it occupies today.
In an attempt to retrieve the Defiant way back when, I filed an action
the Gunnison District Court (Justice v. Mess, 01CV94) for replevin,
petition was summarily rejected. In dismissing the complaint
commanded that the Defiant be held until I obtained a "legitimate"
certificate of title, registration and insurance. Also dismissed
petition for replevin was a complaint for injunction (against the Director
of the Dept of Rev., to bar the State of Colorado from imposing the
licensing and registration statutes on grounds that the statutes were
constitutionally infirm as applied to the Defiant); and prohibition
the county "traffic" court for want of subject matter jurisdiction)
claims were summarily dismissed. The court declined to rule on my post
motions to set aside the orders, and I inadvertently, (due to my ignorance
that the time window continued to run notwithstanding the court's failure
rule on my motions) missed the time portal of opportunity to appeal.
Soon thereafter I was convicted by a jury in the traffic court (Gunnison
County court People v. Justice, 01T300) (I offered no defense) and
to the maximum sentence on all counts by the judge. (running concurrently;
meaning I will do a total of six months). A stay of execution
appeal and post trial motions challenging jurisdiction were appealed.
of the post trial orders denying my motions were executed. I
made an issue
out of the court' failure to sign its orders, which resulted in my
filing my appeal to expire. (stubbornness on my part; power trip
part of the judge; "I fought the law and the law won") A warrant was
for my arrest on November 15, after my failure to appear to do my sentence
on November 11, 2002.
In the month of November, last, I discovered that the judge who was
temporarily appointed to my District court case (01CV94) for replevin
had failed to file his oath of office with the Secretary of State as
required by the Colorado Constitution. Immediately thereafter, using
"commercial process," I notified, privately, the Chief District Judge
made the appointment, that his appointment of the judge in my case
"ultra vires" (beyond the scope of his authority) and therefore void,
that all judgments and orders issued by said non-judge were void, and
he was personally and civilly liable, together with said non-judge,
injuries incurred by me due to multiple crimes committed by the
sitting on the bench "without a driver license," i.e. oath of office,
was pretending to be a judge. The commercial process included a "Notice
Injuries and Liability," "Notice of Dishonor", "Notice of Protest"
"Certificate of Protest," the latter three of which were issued by
notary. I closed the process by sending a "Notice of Forgiveness",
the Chief Judge from all civil and personal liability for his acts.
David and King Saul in the cave where David refused to slay Saul, etc.,)
During the month of December I also began the "commercial process" relative
to the traffic summons, having come to believe I may well have been
due to commercial dishonor of the traffic summons. The process
completed in January 15, at which time, according to theory,
I had cured my
previous dishonor and shifted the liability under the citation to the
issuing agent, i.e. State patrol trooper. I also sent a notice
Forgiveness to the Trooper. (Again, motivated by Story of King Saul
Future King David)
On December 23 and again on the 26th, I both mailed and hand delivered
letters styled "Notice of Void Judgment etc.," to both the County Traffic
Court and the County Sheriff, providing warning that should I be picked
on an illegal warrant issued under a void judgment, that the judge
lose judicial immunity and be personally culpable for injury to me.
Notwithstanding my correspondences, I was arrested at home on December
2002 A.D.. On January 10, 2003. My notices filed December 23
and 26 were
summarily denied by the 01T300 County Traffic Court. On January
11, I made
a motion under Crim. P. Rule 35(c) for findings of fact and conclusions
law supportive of the summary denial, which were also summarily denied
On Monday February 24, 2003, A.D. I filed motions, and supplements to
previous motions, to vacate and set aside the judgments, proceedings,
orders of both 01CV94 (on grounds that the judgment was void
judge lacked an oath of office) and 01T300 (on grounds that I had cured
commercial dishonor and raising issues of the constitutional infirmity
the statues under which I was convicted). I also filed
a motion to combine
the two cases, arguing that because similar issues existed in both
the interest of judicial economy the cases be joined.
Yesterday, Tuesday February 25, 2003, I was informed by a CSP Trooper,
met me in jail while arriving back from my work release, that I must
retrieve the Defiant or it would be sold.
Coincidence? Or behind the scene dealings? The trooper told me that
file an abandoned vehicle report if I do not retrieve the car this
the way, the Tow company is named as a defendant on the 01CV94 suit.
Now that I have filed the motion to set aside the void judgments of
and 01CV94, I have one remaining motion to file: a petition for
Corpus. It is my plan, rather than file a new action, to amend
include the petition for HC.
Out of respect for those not interested, I have not included my filings
If anyone is interested in looking at the motions, I will be glad to
Stay tuned for further developments . . .