Memorandums of Law

The following are Memorandums of Law posted for the purpose of education in the subject matter and may be used to support your position in your own case.

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Happycat6256's picture

I want to share this because I know from dealing with it that it is virtually impossible to get anyone to listen or even care about this touchy subject. Being falsely accused of a sex offense is the most degrading and demeaning thing anyone can ever go through. Then when they take that one childs lie and fabricate a second charge simply because you were around other children is utterly dispicable and there's nothing you can do about it.
I have spent the last 16 years studying my situation and the law trying to pick the lock that binds my rights, because up until recently, I had none. I have helped litigate 3 rock solid instances where the offenses against me caused collateral damage to people around me and each time I got dismissed with prejudice.
The turning point was when Greg Abbott protected the State of Texas with the Rooker-Feldman Doctrine which says States rights come first in matters of family court. There's no relief until the State finishes its regime. They kidnapped the child citing my simply being around visiting my Brother put the child in "Imminent and Immediate Danger". I managed to harass them enough to make them give the child back with a non-suit. (About to go tear that up on jurisdiction later!)
But that got me to looking at jurisdiction and just how they can just snatch kids up like that with only some gum popping twit with a fabricated affidavit. BTW, my Grandson does not even know he has a little sister because he was kidnapped by the head of cps in Kentucky who happens to be his grandmother. She lied, got my daughters parental rights taken real fast with no attempt at reunification just because she knew exactly how to manipulate the system. I know how to fix it now but I am insolvent and typing every word with debilitating carpal tunnel in my right hand and I can not get there from here.
Anyway, I just got the two orders to dismiss and expunge those two bogus charges and all of the damages I listed. The only thing is that the judge did not sign the orders. I am sending them back saying since this Honorable court has found them acceptable, the judge may sign them being at arms length, not a party to the actions with no liability and without prejudice. Because I seized admiralty and made her magistrate in my common law court of record I now have to grant her permission to act.
For those people registering as sex offenders who wish to challange their convictions this is how I did it. They forced me every year to buy drivers license or go to jail for violating the registration requirements. Then they revoked my DL for being a sex offender. Do not tell me they cant do that because they did and what can you do? Nothing but comply if you are ignorant and innocent trusting law and country.
I learned more about contract law and jurisdiction. When DPS sent me the renewal letter, I did a conditional acceptance there. Then within 72 hours I sent the letter to the judge in my court with a conditional acceptance. When I got silence, I filed a notice of default with opportunity to cure where I swore out my counterclaim. With that I sent a sui juris motion to dismiss/expunge with damages listed. while waiting on that I filed a sui juris mandatory judicial notice in the form of coram non-judice and my criminal complaint for stealing from my trust and fabricating evidence and the little peyton place conspiricy and the warm body counsel lying to quit and say the private detective had damning evidence when he never even started and thus did not charge the court. My criminal complaint was copied and sent to the treasury, state attorney general, fbi, sos, department of state, us marshall and several others.
I never said the state violated my rights. They overstepped their jurisdiction which led to my rights being violated. That is why I only hit the state for a relatively small amount in damages. The individuals are the ones who derserve to be punished. I am salivating, daydreaming, looking forward to this!!! No more shame.......
 
 

officerkirkland's picture

STATE OF MONTANA RAVALLI COUNTY JUSTICE COURT
205 BEDFORD SUITE E HAMILTON MT 59840
 
 
Plaintiff
Dwane Eugene Kirkland
U.C.C 1-207
1-308 w/o prejudice
1115 S 3rd street
Hamilton Mt 59840
406-363-5284
CITATION NUMBER 510A801517E
11/07/2017
 
 
****
 
Defendant
Daniel Browder ,Deputy-
TROOPER ADAM GANE MHP210-12C I.D. 1907
RAVALLI COUNTY JUSTICE COURT
LOCATED AT 205 BEDFORD SUITE E
HAMILTON MT 59840
COURT TELEPHONE 406-375-6765/6755
 
 
 
 
 
OBJECTION TO THE MOTION TO STRIKE
 
 
Due to the facts listed, in regards that the prosecuting attorney is suppose to know the law. I request a legal declared determination of his State's motion to strike down my complaint that he does not understand that was submitted in the dismissal.

Grounds for dismissal
#1 No jurisdiction, I request Daniel Browder ,Deputy to prove jurisdiction in question ? Before any litigations or mitigations.
# 2 Request to the State ,to claim the recourse, under the Constitution at all levels- Furthermore claimed be a beneficiary of the Constitution.
# 3 To inform the prosecuting attorney Daniel Browder Deputy, court, state for the record. Plaintiff does not consent to unconstitutional acts , listed in my complaint being denied. Article 1,section 9,10. writ of assist, bill of attainder, direct tax.
#4 Request to the state, clerk recorder for this record and all claims, To No consent to any unknown contract, except the Constitution, in harmony. Let claims be submitted to a candid administration and the common court I claim.
Your honor may it please the court.
I request motion for dismissal for failure to state a cause of action for which relief may be granted, the claim and exercise of a Constitutional right can not be converted into a crime, nor conflict statues and codes. With respect -who says so ? Supreme case laws. Miller /v US, 230 F 2d 486 ,489. with no injured party , a complaint is invalid on its face, Gibson v. Boyle,139 Ariz. 512.

Article 6 paragraphs 2. Supremacy Claus- Also All judges and lawyers and officers are bound to protect the oath of the Constitutions. And if failed to protect then its a crime its self. 556 USA failed to protect rights. Would cause of all orders and affect void and null.
I have made a sufficient, timely, and explicit reservation of my rights at 1-207,1-308 w/o prejudice, I then insist that the statutes be construed in harmony with the Common Law and the 7th amendment of the Bill of rights. At all levels state and federal.
I request that the court produce the injured person who has filed a verified complaint and a affidavit. Privacy is essential to a strong state of the union, and privacy according to state MT bill of rights privacy is essential. Declaration of rights section 10, and 11 by state law. Who was injured as a result of failure to- complaint codes, statues Listed allegations ?

COLLECTED FACTS
Norton V. Shelby County 118 U.S. 425 an unconstitutional act is not law. It confers no rights and poses no duties, affords no protections, and creates no office. It is in legal contemplation as
inoperative though it had never been passed. Conflict , no victim nor property damage.
US V. Bishop 412 U.S. 346 Defines willfulness as an evil motive or intent to avoid a known duty or task under law with immoral
certainty- Dwane Eugene Kirkland U.C.C 1-207 1-308 w/o prejudice is using the constitution and supreme court cases. I am not using evil motives or intents.
16th Andrews prudent second section 97 says that it shall be interpreted in my favor because Dwane Eugene Kirkland U.C.C 1-207 1-308 w/o prejudice is claimed and clearly intended and expressly designated beneficiary for the protection of my rights and property.
Signature, ____________________________________________

Third parties over watch, 11brv infantry 1-10 underground elements, restoring the rle of the actual laws, under the 7th amendment, and the bill of rights ingodwetrust.. officerkirkland@icloud.com wanekirkland@gmail.com kirkland441@hotmai.com Duane Eugene Kirkland UCC 1-207 1-308 w/o prejudice…….. (406) 363-5284

Spc/Kirkland notes, enjoy..
Marbary v Mdison US supreme law/
Internet facts, .http://www.history.com/topics/marbury-v-madison
research and investigations, the state of Montana law/
https://courts.mt.gov/portals/113/library/docs/72constit.pdf
United states bill of rights/ https://simple.wikipedia.org/wiki/United_States_Bill_of_Rights

the bill of rights, reading and fact in the public domain..
https://youtu.be/31zRfrGU0P4

Love all who preserves our rule of law and who that protects the Constitutions of all sister states in harmony. IN GOD WE TRUST..

 

becerrar67's picture

Dear No More Shame can you contact me if it is proper, I am in urgent need of guidance to my case and false charges been litigating my case for 3 yrs of which is too much to post please email is santificamepurificame6777@gmail.com or (909)782-7629 I have been researching for 2 yrs and learning how to fight the corruption in courts but cant seem to get nowhere they keep ignoring the motions and the law. I am taking it to federal court but want to make sure I do it right.   

officerkirkland's picture

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF THE STATE OF MONTANA
WESTERN DISTRICT
Dwane Eugene Kirkland
U.C.C 1-207 1-308 W/O PREJUDICE
406-363-5284
 
 
TO WHO IT MAY CONCERN,
 
I want to start out to let you know that I have the deepest respect for law enforcement.
I have the deepest respect for the constitution at the federal level and our states level.
 
I take my constitutional rights very serious. I always have -and will respect officers even though they have violated my rights.
 
Most officers really don’t seem to know there police powers. Under police powers there must be a victim or property damage before an arrest. They have proven to disobey the bill of rights at a state and federal level.
 
But it seems that officers make arrest to many individuals for victim-less crimes and illegal laws.
 
And they have limiting powers under the 10th amendment. Commerce versus private person.
 
However; I think some of your officers don't know the oath they have promised to preserve. TROOPER ADAM GANE MHP210-12C I.D. 1907
 
But however-I wanted to let you know personally that I am going to possibly
file a civil law suit against the ones that I find out who violates the law, the actual law.
 
before I do. I wanted to notify you why- and ask you to handle these matters I point out to you before any mitigation or litigation- on the conflicting laws that most officer are not aware of.
 
It seems theMontana Highway patrol officers ,Institutions do not know the locked laws.
 
Violating our nations fundamental basic necessities of life, and liberty capitalizing on it with judges and lawyers who know of the governmental schemes - and a conflict of interest of equity across the bench. (Estimated $18 for every $40 dollars collected for the judges and the lawyers across the bench)
 
Unconstitutional act is not law. It confers no rights and poses no duties,
affords no protections, and creates no office. It is in legal contemplation as inoperative though it had never been passed.
 
 
 
RECOURSEThe Recourse appears in the Uniform Commercial Code at 1-103.6, which says:The Code is complimentary to the Common Law, which remains in force , except where displaced by the code. A statute should be construed in harmony with the Common Law, unless there is a clear legislative intent to abrogate the Common Law.
 
US V. Bishop 412 U.S. 346 Defines willfulness as an evil motive or intent to
avoid a known duty or task under law with immoral certainty-
 
I am using the constitution and supreme court case so I am not using evil motives or intents.
 
16th Andrews prudent second section 97 says that it shall be interpreted in my
favor because I am the clearly intended and expressly designated beneficiary for the protection of my rights and
property.
 
I would ask our oath keepers to please call off your officers who are being bias and putting one self in danger and the danger of those who they serve.
 
Those who obstructed the private peoples freedom to travel. According to law obstruction the right to travel is a federal crime pursuant to federal criminal law (title 18 USC 241 242 1628)
 
I am no threat for the record. I am a person that lives by the common law. I am a bill of rights advocate, and a constitutional advocate, my studies have been for many years.
 
I am governed by republic by the founding fathers of our nation and
governed by the compact agreement within the states in harmony, by the
Constitutions of all sister states in correlation and to be construed in all matters.
 
Especially when there is a predicted victim and property damage or a violation against the Constitution at all levels. I just wanted to reach out for help. Before I take any other actions on our officers ,institutions operating under the chain of command. I truly feel oppressed, encroached, and boxed in to live looking over my shoulders. and to be forced in a military defense of position. But I know there is a right way to do things and this is why- I am writing you for help or support.
 
I also would protect life and limb,and protect the
Constitution of the United States,and all compact states that is in harmony
under article 6 paragraph 2. (FOREVER UNDER GOD,IN GOD WE TRUST)
 
Signature,________________________
Let the candid people , we the people document and record this for future civil issues upon the actual victim of infringement and encroachment. Claimed Constitutional officer, spc/Kirkland 406-363-5284 officerkirkland@icloud.com
 
 
 
 
 
Discovery federal
According to law Shapiro V. Thompson 394 U.S. 618 says the right to travel is so basic that it shouldn’t even be questioned.Murdoch V. Pennsylvania 319 U.S. 106 says no state may convert a secure liberty into a privilege and then issue a license and a fee for it.
Shuttlesworth V. Birmingham Alabama 373 U.S. 262 says I can ignore the license and engage in the right with impunity, that means you can’t punish me for it.
Norton V. Shelby County 118 U.S. 425 an unconstitutional act is not law. It confers no rights and poses no duties, affords no protections, and creates no office. It is in legal contemplation as inoperative though it had never been passed.
US V. Bishop 412 U.S. 346 Defines willfulness as an evil motive or intent to avoid a known duty or task under law with immoral certainty- I am using the constitution and supreme court cases so I am not using evil motives or intents.
16th Andrews prudent second section 97 says that it shall be interpreted in my favor because I am the clearly intended and expressly reportdesignated beneficiary for the protection of my rights and property.
I live at the common law. I have right to work and travel freely without any obstruction of my fundamental rights and my life personal liberty and to pursue happiness, without any encroachment and without infringing or dictated by any third arbitrary third party -let be recorded and submitted into the common court I claim. At your request , I can give Montana state Constitution bill of rights report violations if in need. Thanks spc/Kirkland
 

 
 

Konstant_tooshun's picture

They have done the same to me they have my 3 year old. They have gone so far as to tamper with my drug screens and I just kept fighting refused to sign him over. So they enhanced my original charges and are going to make me rebond out and now surrounding counties have been hitting me with bogus drug charges from years ago that never happened. Trial to terminate is the end of October. I have court on the 11th and warrant for my original charge they enhanced and now another county looking fore for who knows what kind of nonsense now I can't go to my visits or theyle arrest me and I don't want to jump bond but I am useless to help my son or myself if they get me behind bars as I am out of money by now it's lost me two jobs a vehicle but my son is with abusive people he bears the marks bruises scars and baldspots and has told the Caseworker the woman hit him. It sounds bazarre but from things he said and pictures he drew I fear they may be involved in some kind of satanic group... I am sick with worry and determined I have to help my son no matter what. They have shut the bio dad down for getting him with false sexual abuse allegations from his ex wife that we're deemed to be unfounded and he is just too irresponsible to get it together and fight for him. Please help me it hurts you to type you said but my fb is under the same as my username if you could possibly call. I don't like to ask for help when I have nothing to offer to pay for someone's time but maybe I could do some typing for you at some point in exchange or something I am so desperate. And about out of time. Studying every waking minute but I am fairly new to this revelation and trying to pack years of learning into months and I have to start filing suits and can't find anything that I'm clear about exactly what to who and where. In fact please anybody if you can give me more specific direction. Thank you so much- Konstant

father70's picture

I was wondering if you would have any one who can assist me with this matter. North Carolina is a Judicial State.

father70's picture

I mailed a Qqualified Written Request May 30,2017  deliver June 1,2017 the hearing for june 26 2017 was cancel because of no response to the QWR as of today there is no response. They have ask the court to reset the second hearing for September 13,2017 I need help with a Affidavit of non response, before they answer the 30days has all readyexpired.
Fox

Jan@NLA's picture

I emailed you directions as to what you need to do. If you need further help just email me back.

National Coordinator

Jan

Lawresearch2016's picture

Hearing Set for July 21,2017 in Buffalo New York PROMPTLY at 9:30 a.m. Erie County Court PArt 20 25 Delaware Avenue Buffalo New York 14202 Phone to Court 716-845-9447 and fax 716-845-7510
 
 

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1. State to the court that the company that hired Rosicki to represent them in this foreclosure was allegedly HSBC. 2. Ask for proof before the court that HSBC hired Rosicki. Let Rosicki prove they represent HSBC by showing whatever they must the court. (Like their filing the original suit). 3. Once Rosicki shows HSBC hired them, show the court your letter that transferred "ownership of the account" to MTGLQ to the judge. 4. Ask for dismissal because HSBC sold the account and no longer has any interest in the foreclosure. State that by proceeding now to foreclose in this court that Rosicki is committing fraud and legal malpractice, to obtain fees and monetary gain and therefore unjust enrichment through fraud because they have no standing to proceed. They are also perpetrating a fraud against MTGLQ by trying to collect on a debt they have already sold leaving MTGLQ without collateral. Solid fraud against MTGLQ! 5.Ask for dismissal and, very important---> "CEASE and DESIST" <--- against Rosicki to be issued by the court preventing them from any futher or future contact with Buczeks.

1) that this proves HSBC sold its interests and has no legal right to proceed further in foreclosure and 2) Rosicki knew this as HSBC's representative, but that Rosicki is still trying to collect their fees fraudulently before the court. This way you look legit and everything they bring to court looks forged because none of their stuff has an original seal on it, and they can't explain their way out of these facts without changing their story. That alone proves ewither their first story or their changed story are lies, and you win Remember, AFTER showing MTGLQ assignment to immediately ask for "DISMISSAL WITH PREJUDICE" and demand a "CEASE AND DESIST " Order!!!!! Then we are going to sue the shit out of them and disbar them all unless they grant you a clear title and with draw the mortgage entirely. Don’t mention this at all in proceedings. We do this AFTER you win ONLY!!!! Be prepared if they say they represent MTGLQ also. If so, move to immediately dismiss this case because MTGLQ is NOT anywhere on the complaint, and their complaint is frivolous and fraud upon the court. Move to dismiss with prejudice and demand a cease and desist from any further contact ever from Rosicki Associates and any other affiliates of HSBC or Rosicki EVER in the future!!!!

mrbagobeans's picture

contact us at the non-jidical F/C page and fill out  an intake form.  If you go to court with an attitude then they'll slap you around. what was written should work but almost never does. the FC outfit has more pull than you.
Use us , we got more pull then anyone else.

grizzlyhopehugger's picture

Can anyone share their experience of how they got out of the State Courts, if filing on demand got the case accepted without having to pay the $400 filing fee, and was there a statute of limitations for filing (i.e., 30 days after receiving paperwork on charges) for instance in a criminal case? Thank you! Not seeking legal advice, just looking for personal experiences.