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want to allow it. I also knew that there had to be a way to force the clerk to do it,and I knew the remedy was Petition for Writ of Mandamus. I also knew the judgewould not want to rule on the Petition unless pressed into doing it. So, I had tocome up with a way to let the Judge off the hook in a collateral way, leads to theMotions to Dismiss, which gives him a good excuse if he is so dumb he can’tcome up a reason to dismiss the whole thing on his own.It wasn’t long before my Friend Dana Beaver an American Indian came to me for help with his ticket. I told him about my ideas and he said let’s try it. I preparedall the paper for him in about two hours and told him to file it on the dates on thepaper. He came back several weeks later and told me they dismissed withouthim saying a word. I was shocked because this court was notorious for beingcorrupt. Soon others came and went, coming back telling me their cases weredismissed as well. One even told me the Judge wrote a Findings of Facts andConclusions at law upon his false arrest and imprisonment. I was totally shockedand continued to do the paper for all who came to me, and they were all winning.One prosecutor even admitted in open court a driver’s license was not required.
Always keep in mind, the motions are fluff, the meat is the default and thetool that makes it work is the mandate.
The motions to dismiss also give you good cause for Writ of Error to the TrialCourt should the judge not dismiss your case on the default alone. What youdon’t bring up in the trial court, can’t normally later be brought up in any other court. This just puts more pressure on the judge as these issues are issues hedoesn’t want you to pursue.
Constitutional Law Course
I jumped at the chance to take a Continuing Education law class offered by aretired judge professor at the local state college. It was a special class, open toanyone, one of those community learning forums but with credits if desired. Itook the class and one Saturday we were discussing the Indian Burial GroundsCase in Northern California. There was a sweet young innocent Indian Womanin the class who was very quiet but interested in the case and at one point in theconversation a brash young man sitting beside her derogatorily said, “TheIndians want to under the tribal law when it suits them, and at other times under the Constitution when that suits them.” I saw the offense on this Indian Woman’sface and raised my hand to speak. Before being called upon to speak, theprofessor went to the board and wrote, “Sovereignty” on it as he knew what thefirst word out of mouth was going to be as I proceeded to quote Yick Wo vHopkins, 118 U.S. 356, 370 from memory."Sovereignty itself is, of course, not subject to law, for it