February 26, 2003 Update 

From David Justice, 

Something remarkable happened yesterday.  The HMS Defiant is being released 
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.  ( I 
had filed multiple post conviction motions back into the Traffic court on 
Monday and was apparently, subconsciously, weighing the possible outcome of 
filing them) 

I went back to the jail early and was greeted by a CSP trooper who asked me 
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 and 
insurance before release could be authorized. He corrected me saying, "No, 
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 could be 
released, notwithstanding a lack of certificate of title and registration. 

I contacted the Tow company today and negotiated to have the car release to 
me for $100.00. If I fail to pick up the car, he warned that he would file 
an abandoned vehicle report, obtain a certificate of title, and sell it. 

As you may already know, I am presently serving a six month sentence in the 
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 of 
Heaven Church); false or fictitious license plate (the state didn't like the 
one issued by the church); no registration (the state didn't like the church 
registration either); No insurance; (irrespective of the 
certificate/affidavit of self-insurance I presented at the encounter). The 
Defiant was towed to the lot it occupies today. 

In an attempt to retrieve the Defiant way back when, I filed an action in 
the Gunnison District Court (Justice v. Mess, 01CV94) for replevin, but my 
petition was summarily rejected.  In dismissing the complaint the court 
commanded that the Defiant be held until I obtained a "legitimate" 
certificate of title, registration and insurance.  Also dismissed in my 
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 (against 
the county "traffic" court for want of subject matter jurisdiction) All my 
claims were summarily dismissed. The court declined to rule on my post trial 
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 to 
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 sentenced 
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 pending 
appeal and post trial motions challenging jurisdiction were appealed.  None 
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 time for 
filing my appeal to expire.  (stubbornness on my part; power trip on the 
part of the judge; "I fought the law and the law won") A warrant was issued 
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 etc., 
had failed to file his oath of office with the Secretary of State as 
required by the Colorado Constitution. Immediately thereafter, using the 
"commercial process," I notified, privately, the Chief District Judge who 
made the appointment, that his appointment of the judge in my case was 
"ultra vires" (beyond the scope of his authority) and therefore void, and 
that all judgments and orders issued by said non-judge were void, and that 
he was personally and civilly liable, together with said non-judge, for 
injuries incurred by me due to  multiple crimes committed by the imposter 
sitting on the bench "without a driver license," i.e. oath of office, who 
was pretending to be a judge. The commercial process included a "Notice of 
Injuries and Liability," "Notice of Dishonor", "Notice of Protest" and 
"Certificate of Protest," the latter three of which were issued by a local 
notary. I closed the process by sending a "Notice of Forgiveness", releasing 
the Chief Judge from all civil and personal liability for his acts. (READ: 
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 liable 
due to commercial dishonor of the traffic summons.  The process was 
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 of 
Forgiveness to the Trooper. (Again, motivated by Story of King Saul and 
Future King David) 

On December 23 and again on the 26th, I both  mailed and hand delivered two 
letters styled "Notice of Void Judgment etc.," to both the County Traffic 
Court and the County Sheriff, providing warning that should I be picked up 
on an illegal warrant issued under a void judgment, that the judge would 
lose judicial immunity and be personally culpable for injury to me. 

Notwithstanding my correspondences, I was arrested at home on December 27, 
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 of 
law supportive of the summary denial, which were also summarily denied on 
February 10. 

On Monday February 24, 2003, A.D. I filed motions, and supplements to 
previous motions, to vacate and set aside the judgments, proceedings, and 
orders of both  01CV94 (on grounds that the judgment was void because the 
judge lacked an oath of office) and 01T300 (on grounds that I had cured the 
commercial dishonor and raising issues of the constitutional infirmity of 
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 cases, in 
the interest of judicial economy the cases be joined. 

Yesterday, Tuesday February 25, 2003, I was informed by a CSP Trooper, who 
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 he will 
file an abandoned vehicle report if I do not retrieve the car this week.  By 
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 01T300 
and 01CV94,  I have one remaining motion to file: a petition for Habeas 
Corpus.  It is my plan, rather than file a new action, to amend 01CV94 to 
include the petition for HC. 

Out of respect for those not interested, I have not included my filings in 
this e-mail. 
If anyone is interested in looking at the motions, I will be glad to send 
them along. 

Stay tuned for further developments . . . 


 Three Strikes Legal - Index