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Tuesday, July 23, 2013
07-23-2013 Let Us Be Lawful At A Minimum
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In the Missouri 38th Judicial
Circuit Court, Taney County, Case No. 10AF-CR01742-01, before Judge Orr to be
read into the record July 24, 2013.
I need to clear up a
few things here for the Record:
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
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,
I am a sovereign
Black’s Law Dictionary 4th
Edition 1951 page 1568: defines a SOVEREIGN in part as: A person, 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
This is not a defense, it is simply who I am
and as a sovereign I have certain unalienable rights; including the right to
demand that the laws be followed in this matter.
RUSSELL L DOVE, the
ACCUSED, is the name given to the Corporate Fiction by way of the system and
proceeds Sui Juris, un-represented and not Pro Se, re-presenting itself.
That my demands, for
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’m still reeling
from the fact that this court feels it has the authority to overrule rulings of
a higher court. You tell me that you will hold me to the same requirements of a
lawyer/attorney, even though the higher courts have ruled otherwise. Prosecutor
Merrell tells you that he wants the full rights that the law allows him to
prosecute the ACCUSED. So, as agent for the ACCUSED, I demand that you both
follow the law, the rules and procedures that govern your respective positions
of authority and that you provide agent for the ACCUSED the time to introduce
his arguments and the laws that support those arguments into the Record. To do
anything less would be to darken the purity this court is meant to represent.
The
Right to be Heard is secured in Rule 2:
Rules Governing the Missouri BAR and the Judiciary
There
is no provision in law for local customs
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.
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."
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;
[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. 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.
I want to remind you, Judge Orr of your lawful duties and
responsibilities to the ACCUSED and his agent:
Rule
2: Rules Governing the Missouri BAR and the Judiciary Code of Judicial Conduct
Rule 2.02 (h & p) 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 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.
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.
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 and abide by the laws.
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 and or improper bolstering.
Constitutional
violations have occurred
No Due Process
No True Probable Cause
The defense
stipulates that SK and AD were restrained with rope 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 “beyond a reasonable doubt” required
by law in a criminal court
This is a criminal matter that 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 did happen.
-->
-->
In the Missouri 38th Judicial
Circuit Court, Taney County, Case No. 10AF-CR01742-01, before Judge Orr to be
read into the record July 24, 2013.
I need to clear up a
few things here for the Record:
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
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,
I am a sovereign
Black’s Law Dictionary 4th
Edition 1951 page 1568: defines a SOVEREIGN in part as: A person, 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
This is not a defense, it is simply who I am
and as a sovereign I have certain unalienable rights; including the right to
demand that the laws be followed in this matter.
RUSSELL L DOVE, the
ACCUSED, is the name given to the Corporate Fiction by way of the system and
proceeds Sui Juris, un-represented and not Pro Se, re-presenting itself.
That my demands, for
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’m still reeling
from the fact that this court feels it has the authority to overrule rulings of
a higher court. You tell me that you will hold me to the same requirements of a
lawyer/attorney, even though the higher courts have ruled otherwise. Prosecutor
Merrell tells you that he wants the full rights that the law allows him to
prosecute the ACCUSED. So, as agent for the ACCUSED, I demand that you both
follow the law, the rules and procedures that govern your respective positions
of authority and that you provide agent for the ACCUSED the time to introduce
his arguments and the laws that support those arguments into the Record. To do
anything less would be to darken the purity this court is meant to represent.
The
Right to be Heard is secured in Rule 2:
Rules Governing the Missouri BAR and the Judiciary
There
is no provision in law for local customs
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.
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."
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;
[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. 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.
I want to remind you, Judge Orr of your lawful duties and
responsibilities to the ACCUSED and his agent:
Rule
2: Rules Governing the Missouri BAR and the Judiciary Code of Judicial Conduct
Rule 2.02 (h & p) 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 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.
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.
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 and abide by the laws.
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 and or improper bolstering.
Constitutional
violations have occurred
No Due Process
No True Probable Cause
The defense
stipulates that SK and AD were restrained with rope 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 “beyond a reasonable doubt” required
by law in a criminal court
This is a criminal matter that 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 did happen.
Saturday, July 20, 2013
07-19-2013 Let's See If I Can Simplify The Issues Here
If the Missouri 38th Judiciary Circuit refuses to abide by their own laws then there is no remedy for our grievances within the system. Based on 30 years of activism.
Tuesday, June 11, 2013
06-11-2013 A Clarification of the Record
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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.
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.”
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 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
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.”
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
Bailiffs are Sheriff’s Deputies and all have sworn
to uphold the Supreme Law of the Land, the Constitution and the Missouri State
Constitution
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.”
"Jurisdiction, once challenged, cannot
be assumed and must be decided." Maine v. Thiboutot, 100 S. Ct. 250
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.”
Actus Reus (Guilty Action), Mens Rea (Guilty
Mind), Concurrence, Harmful Result and Causation
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
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 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 investigate discovery and depose witnesses
I will need the time to prepare a defense based on what is presented to me
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
Friday, May 27, 2011
05-27-11 ANOTHER Trial Date set for Christie Czajkowski
They are dragging this out.
FORSYTH — A jury trial for a Branson woman accused of neglecting and abusing her two daughters is scheduled to be tried before a jury in July.
Christie Czajkowski, 38, is charged with two counts of felony child abuse, two counts of first-degree child endangerment and one count of resisting arrest, as well as two counts of felony child abuse in a separate case. Czajkowski is to stand trial for both cases at the Taney County Judicial Center July 25.
The first trial date in the case, which was slated for Feb. 14, was postponed.
Czajkowski was arrested by a Taney County Sheriff’s deputy on April 12, 2010, after a deputy interviewed her children and was told “that they had stayed the last two nights in a vacant apartment and that they have not been home since,” according to a probable cause statement. In the statement, the children said they were kicked out of the house for not doing what they were told.
An arrest warrant application filed in the second case indicated that Czajkowski had an accomplice, her neighbor, Russell Dove, with whom she allegedly tied her children up and placed them in a locked room in Dove’s house on multiple occasions.
Dove, 54, has also been charged in Taney County in connection with these accusations. He faces four counts of felony child abuse and two counts of felonious restraint, also a felony.
Czajkowski, the host of the Internet radio show “Truth Brigade Radio,” has maintained throughout the case that she is innocent of the charges against her. She alleges that the information the sheriff’s office relied upon when it launched the investigation came from her “stalkers.”
According to Missouri Case.net, Czajkowski is being represented by a new attorney in the Public Defender’s Office, James Egan, of Springfield.
Reached by e-mail this week, she said she would need to speak with Egan before making a statement, but said she thinks the charges against her should be dropped. Court records show she filed a request for dismissal in February.
“(The court) never addressed any of my motions, which is also illegal,” Czajkowski said. “So I am filing a bunch of (Sunshine Law) requests to try to get that info and more they conveniently left out.”
Czajkowski’s daughters, who were 11 and 13 in February, were taken into protective custody by the Missouri Department of Social Services when she was arrested.
Czajkowski said both of them have since been moved out of the state.
Tuesday, February 22, 2011
02-22-11 Minute Men activist and friend Shawna Ford falsey sentenced to death
If there is no other example of putting your life on the line for truth. Shawna Forde has been sentenced to death in Arivaca. She is accused of killing a mexican girl and her father. Shawana has been a good friend to both Christie and me and she has all of our support. Christie is planning to do a radio show to expose the truth behind these matters. This type of injustic is exactly what Christie has been fighting against. It proves that she puts her life on the line every time she stands against illegal immigration. This is an example of how our corrupt system is and how they do not stand for true Americans.
https://abcnews.go.com/US/minutemen-vigilante-shawna-forde-sentenced-death-deadly-arizona/story?id=12976687
https://abcnews.go.com/US/minutemen-vigilante-shawna-forde-sentenced-death-deadly-arizona/story?id=12976687
Shawna Forde, a border vigilante, was sentenced to death today for the murders of a 9-year-old Arivaca, Ariz., girl and her father in a home invasion she orchestrated to rob the family.
The jury deliberated only a few hours before coming to the decision, but the one juror who spoke to reporters said the deliberations were difficult.
"We chose death because that's what seems fair," juror Angela Thomas told ABC affiliate KGUN-TV in Tucson.
"While Shawna Forde gets to delight in the picture of her brand new grandson, there's another person in this equation who never will. There's another person in this equation who'll never get to wear her first pair of high heels or have her first kiss or go to prom or graduation," Thomas said. "There's a little girl in this equation who's father won't be able to walk her down the aisle."
She said the trial, which included graphic, detailed testimony about how Raul "Junior" Flores, 29, and his young daughter were gunned down in their own home while Flores' wife, pretending to be dead, watched, was extremely painful.
"Hideous, the apropos word is hideous. Every second of every day. Every time I close my eyes I see this picture. It's a picture of a love seen innocent enough. And little hands with red fingernails and a white tank top and turquoise colored pajama shorts," Thomas said. "I've seen it a thousand times in my house. I have daughters. The difference in this picture I see is that this little girl's face, half of her face is missing."
Forde, 43, founder of Minutemen American Defense, showed no emotion when the verdict was read, but her attorney, Eric Larsen, said he did not expect the jury to come back with a death sentence.
"No I did not," Larsen told KGUN-TV. "I fully expected that this community valued human life greater then this jury did."
Forde was convicted Feb. 14 of two counts of murder for orchestrating the home invasion. Prosecutors said she planned to rob Flores, who she thought was a drug dealer, to fund her border watch group.
There were rumors that Flores had a stash of $4,000 in cash in the house.
Flores and his daughter Bresenia were both killed in the May 2009 attack at their Arivaca home. His wife, Gina Gonzalez, was shot three times, but survived by playing dead.
In addition to the first-degree murder charges, Forde was found guilty of one count of attempted first-degree murder; one count of burglary in the first-degree; one count of aggravated assault, serious physical injury; one count of aggravated assault, deadly weapon/dangerous instrument; one count of armed robbery; and one count of aggravated armed robbery.
The Pima County Superior Court jury came back with a verdict after it deliberated for seven hours over two days.
Forde's lawyer had argued that the woman was not in the house when Flores and his daughter were murdered, so she should not be found guilty.
But prosecutors said Forde was with the two men who broke into the Flores home, and Gonzalez testified that she was there.
"She didn't put a gun to Brisenia's head ... but she was the one in charge," Pima County Deputy County Attorney Rick Unklesbay said in closing arguments. "Because of that you must hold her accountable."
Gonzalez, who played dead in the kitchen after being shot three times in the leg, identified one of the three suspects as Forde.
Minuteman Shawna Forde Found Guilty in Home Invasion Killings
"She's walking in and she's got a smile on her face. She looks up ... and walks back out," Gonzalez told the jury.
The woman testified in chilling detail about seeing her husband and daughter killed.
"He's all out of bullets by then because he used them on me and Junior," she said of one of the alleged gunmen who had shot and killed Flores before turning the barrel on their crying daughter, Brisenia. "He stands here and he loads the gun right in front of her."
"And is this something you can see happening?" Pima County Deputy Attorney Kellie Johnson asked.
"I just hear her telling him, 'Please don't shoot me, please don't shoot me,'" Gonzalez said.
Then, Brisenia was shot in the head.
Two other suspects -- Jason Bush, a known white-supremacist, and Albert Gaxiola, a convicted drug dealer -- are in custody awaiting trials later this spring. Like Forde, both men have pleaded not guilty.
In a 911 call recording played in court, Gonzalez could be heard using her husband's handgun to fire back at the men after they had left and returned, continuing to ransack the house.
"They're coming back in, they're coming back in," she told dispatcher Tanya Remsburg. Several rounds of gunshots can be heard on the recording. "Get the f*** out of here, get the f*** out of here."
Gonzalez said that the family had been roused from their sleep by a trio dressed in camouflage, claiming to be law enforcement officers looking for fugitives.
"They told us that somebody had escaped jail or something, they wanted to come in and look at my house," she said on the call. "And they just shot my husband and they shot my daughter and they shot me. Oh, my God, ma'am, I can't believe this is happening. ... I can't believe they killed my family."
Lying in the kitchen, bleeding from gunshot wounds to her leg, she described the suspects as a white male whose face was painted black, a six-foot-tall Mexican man and a "shorter fat woman."
In the courtroom Jan. 26, Gonzalez pointed to Forde and said she looked like the female suspect. Previously, however, she had failed to pick Forde out of a police lineup.
But prosecutors said there was evidence beyond that from Gonzalez and other witnesses that linked her to the crime.
They presented text messages sent through Forde's phone and recorded conversations between Forde and other suspects. He said Forde had planned the crime for months with her fellow suspects, in meetings out-of-state.
"Even if she didn't pull the trigger … make no mistake about it. She's the one who planned the events. She's the one who recruited people to do this," Unklesbay said.
Prosecutors also said police recovered from Forde several items of Gonzalez's personal jewelry, including her wedding ring, during a search after her arrest.
ABC News' Devin Dwyer and The Associated Press contributed to this report.
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