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 . . .
|