06-11-2013 A Clarification of the Record

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This is the 1st Draft of what I will open with 

I need to clear up a few things here for the Record:

Who am I?

I am russ dove and have been living as russ dove for 30 years.

I am a Genesis One man; a blood of the Spirit, blood of the flesh man on the land and draw my authority to stand on the land from the Word of God:

Gen 1:27  So God created man in his own image, in the image of God

Psa_139:14  I will praise thee; for I am fearfully and wonderfully made: marvellous are thy works; and that my soul knoweth right well.

Gal 2:20  I am crucified with Christ: nevertheless I live; yet not I, but Christ liveth in me: and the life which I now live in the flesh I live by the faith of the Son of God, who loved me, and gave himself for me.

Joh_1:12  But as many as received him, to them gave he power to become the sons of God,

Gal 5:22-23  But the fruit of the Spirit is love, joy, peace, longsuffering, gentleness, goodness, faith, meekness, temperance: against such there is no law.

I am a sovereign

Black’s Law Dictionary 4th Edition 1951 page 1568: defines a SOVEREIGN as: A person, body, or state in which independent and supreme authority is vested; a chief ruler with supreme power; a king or other ruler with limited power.

Title 42 U.S.C. Sec. 1983, Wood v. Breier, 54 F.R.D. 7, 10-11 (E.D. Wis. 1972); and Frankenhauser v. Rizzo, 59 F.R.D. 339 (E.D. Pa. 1973) "Each citizen acts as a private attorney general who 'takes on the mantel of sovereign."  

 Afroyim v. Rusk, 387 U.S. 253 (1967). “In the United States the People are sovereign and the government cannot sever its relationship to the People by taking away their citizenship.”

I am an Agent of non-compliance/non-consent with prejudice, and under duress appearing from the land in a special appearance to ascertain the cause against the ACCUSED, RUSSELL L DOVE and seek a lawful resolution founded in justice:

Black’s Law Dictionary 2nd Edition 1910 page 703: defines LAWFUL as, Legal; warranted or authorized by the law; having the qualifications prescribed by law; not contrary to nor forbidden by the law.

Black’s Law Dictionary 2nd Edition 1910 page 1027: defines RESOLUTION as, The determination or decision, in regard to its opinion or intention,

In practice. The judgement of a court. 5 Mod. 438; 10 Mod. 200.

Black’s Law Dictionary 2nd Edition 1910 page 682: defines JUSTICE as. v. In old English practice, To do justice; to see justice done; to summon one to do justice. JUSTICE, n. In jurisprudence. The constant and perpetual disposition to render every man his due. 

I am not a corporation

Black’s Law Dictionary 4th Edition 1951 page 409: defines CORPORATION as. An artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person . . .

I am not the party of accommodation

RUSSELL L DOVE, the ACCUSED, is the name given to the Corporate Fiction by way of the system and proceeds Sui Juris, un-represented

That my demands, as Agent of the ACCUSED that cause against the ACCUESED be heard in an Article III; Constitutional Court, were ignored even though the ACCUSED does have a contract with you Judge Orr,  where the ACCUSED accepts your Sworn Oath to the people of Taney County, Missouri, to up hold the Supreme Law of the Land, the Constitution and the Constitution of the Great Sovereign State of Missouri; the ACCUSED has the same contract with the Taney County Prosecutor, Sheriff and Court Clerk, there was a reasonable lawful expectation that you would do your best to meet that demand. I let myself believe that you might attempt to comply with my demands; I found out just how wrong I was on June 26, 2013.

I therefore demand that at a minimum you abide by the very same statutes you use to charge the ACCUSED and that you operate within the established Rules and Procedures that govern your positions of power given to you by We the People.

From the Judicial Code Of Conduct (7) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law.

In the Missouri Constitution, Article II § 14 ~ "That the courts of justice shall be open to every person, and certain remedy afforded for every injury, property or character, and that right and justice shall be administered without sale, denial or delay."

In Miller v. U.S. 230 F 486 at 489 (5th Cir. 1956) "The claim and exercise of a constitutional right cannot be converted into a crime."

Owens v. City of Independence, 100 S.Ct 1398 (1980) "The innocent individual who is harmed by an abuse of governmental authority is assured that he will be compensated for his injury."

There is no provision in law for local customs

Who the prosecutor is

I want to remind Prosecutor Merrell of has lawful duties and responsibilities to the ACCUSED

RULE 4-3.8: SPECIAL RESPONSIBILITIES OF A PROSECUTOR

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

COMMENT

[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to the Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal prosecution and defense. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Missouri Supreme Court Rule 4-8.4.

McCurdy v Montgomery County, Ohio, 240 F.3d 512 (6th Cir. 2001). “Government officials in general, and police officers in particular, may not exercise their authority for personal motives, particularly in response to real or perceived slights to their dignity. Surely, anyone who takes an oath of office knows - or should know - that much." 

Levine v. United States, 362 U.S. 610, 80 S. Ct. 1038 (1960) “The Supreme Court has ruled and has reaffirmed the principle that “justice must satisfy the appearance of justice.”

Howlett v. Rose, 496 U.S. 356 (1990). “Federal law & Supreme Court cases apply to state court cases.”

Who the judge is

I want to remind you, Judge Orr of your lawful duties and responsibilities to the ACCUSED and his agent:

2.03. Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge's Activities

A. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

Rule 2.02 (h) of the Judicial Code of Conduct defines the words “law” and “shall” as follows:

 "Law" denotes court rules as well as applicable constitutional provisions, statutes, ordinances and decisional and other law.

"Shall" or "shall not" intends to impose binding obligations the violation of which can result in disciplinary action.

2.03. Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently

(2) A judge shall be faithful to the law and maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor or fear of criticism.

(4) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity and shall require similar conduct of lawyers and of staff, court officials and others subject to the judge's direction and control.

(5) A judge shall perform judicial duties without bias or prejudice. A judge, in the performance of judicial duties, shall not by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, sexual orientation, religion, national origin, disability or age, and shall not permit staff, court officials and others subject to the judge's direction and control to do so.

 (8) A judge shall dispose of all judicial matters promptly, efficiently and fairly.

Who the Sheriff is

The Sheriff is the final Constitutional Authority and in an Executive Branch position not bound by or to the Judicial System

Bailiffs are Sheriff’s Deputies and all have sworn to uphold the Supreme Law of the Land, the Constitution and the Missouri State Constitution

The charges against the accused are without merit

Given that there is no physical evidence only circumstantial evidence and the two(2) eye witness in two(2) separate accounts on the record collaborate the accused’s defense there is no lawful reason to continue this matter. All other witnesses for the state should be excluded as hearsay.

There is no need for a 491 Hearing

As long as the girls are here to testify in person, as guaranteed by Prosecutor Merrell, the ACCUSED will stipulate into the record  the Video’s taken on April 23, 2010 of SK and AD and the telephone deposition transcripts of SK taken on September 14, 2011 and AD taken on September 7, 2011 that were included in the Discovery provided by Prosecutor Merrell to the ACCUESED on February 16, 2012 as defense exhibit’s; with the stipulation that anything not associated directly to the ACCUSED be stricken as not relevant and/or prejudicial.

Hearsay Testimony is inadmissible

There are only two(2) things that the county and state employees on the States Witness List can speak to; One(1): What they think  they heard the alleged victims say (hearsay) Two(2): To repeat the unfounded unproven allegations (hearsay and improper bolstering) that  was used to sever CC’s Parental Rights over her daughters SK and AD in the Taney County Family Court in August of 2011.

Black’s Law Dictionary 2nd Edition 1910 page 564: defines HEARSAY as.  A term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. 

State v. Mease, 842 S.W.2d 98, 110 (Mo.banc 1992) Our supreme court has said that “even if relevant, hearsay evidence is inadmissible.”

State v. Cole, 867 S.W.2d 685, 689 (Mo. App. E.D. 1993). “It is still the law of this state that inadmissible hearsay and improper bolstering (of a witness) are not permitted and are grounds for reversal.”

Constitutional violations have occurred

No Due Process

No True Probable Cause

Jurisdiction has been challenged

"Jurisdiction, once challenged, cannot be assumed and must be decided." Maine v. Thiboutot, 100 S. Ct. 250

The defense stipulates that SK and AD were tied up once in early February 2009 as a disciplinary act.

The legal question here is; was a crime committed and did the ACCUSED violate the statues as charged?

The statutes must be applied as written and have no need of interruption.

State v. Rowe, 63 S.W.3d 647, 649 (Mo. banc 2002).  “Courts apply certain guidelines to interpretation, sometimes called rules or canons of statutory construction, when the meaning is unclear or there is more than one possible interpretation.”

Id. (citing State ex rel. Mo. Pac. R.R. v. Koehr, 853 S.W.2d 925, 926 (Mo. banc 1993)). When the wording of the statutes is clear a different standard applies. “When the words are clear, however, there is nothing to construe beyond applying the plain meaning of the law.”

Requirements of a crime

Actus Reus (Guilty Action), Mens Rea (Guilty Mind), Concurrence, Harmful Result and Causation

It is incumbent upon Prosecutor Merrell to prove all four elements of the crimes charged beyond a reasonable doubt.

State v. Barnes, 245 S.W.3d 885, 889 (Mo.App. E.D.2008). “The State has the burden to prove each and every element of a criminal case.“

Unless New Discovery produces some physical evidence the trial you have planned can be no more than a he said they said affair and in that case the character of the witnesses involved is the only thing that can be judged. That fact alone makes that any conviction handed down would fall short of the required beyond a reasonable doubt in a criminal court

This a criminal matter that deals with a man’s life and his future and is not to be judged on emotion based on what you think you see or you think might have happened it is about the facts and what the facts say happened.

Was a date set that Prosecutor Merrell was to have complete discovery to me?

Either the Record reflects that a date was set or it does not reflect a date and date needs to be set

I have not received the Record yet and tried since the day after our last meeting to arrange for my receipt of the Record for June 6 and 26, 2013

Do I have to file a motion to compel the Court Recorder to provide an estimate of costs for the transcripts so I may acquire them?

I demand more time before trial so I move the Court to Grant my motion and reset the Trial Date for the following reasons

I will need the time to file motions to the Missouri Appeals court if no remedy concerning the defects in the institution of the prosecution and information filed is found

I will need the time to evaluate the Bill of Particulars and/or the Information filed

I will need the time to investigate discovery and depose witnesses

I will need the time to prepare a defense based on what is presented to me

Without the time I will be unable to put on an adequate defense for the Accused