STATE OF MICHIGANIN THE 36
TH
DISTRICT COURT3
RD
CIRCUIT COURTCRIMINAL DIVISIONSTATE OF MICHIGAN
Plaintiff,v
MARK JACKSON
Defendant._____________________________________________________________/Mark Alan Jackson
,
Pro Se
129 North Lowell RoadWindham, NH 03087313 478 8061_____________________________________________________________/
DEFENDANT’S MOTION TO VACATE JUDGMENTAND MOTION TO DISMISS INDICTMENT
Pursuant to United States Constitution 4
th
Amendment, United States Constitution 8
th
Amendment, United States Constitution Article 1 Section 9 and MCL 764.1, et al.
Now comes, Defendant, Mark Alan Jackson, to challenge subject matter jurisdiction andcharge this honorable court to vacate judgment dismiss the indictment.
ase o. -HON JAMES R. CHYLINSKI
2
DEFENDANT’S MOTION INDEX
FACTS AND HISTORY 3
T
HE INCIDENT
3
I
N BETWEEN THE
I
NCIDENT AND
“A
RREST
” 4
T
HE
“A
RREST
” 5
I
NCARCERATION
6
H
ABEAS
C
ORPUS
G
RANTED
, I
GNORED AND
G
RANTED AND
I
GNORED
A
GAIN
7
R
ELEASE AND
A
RRAIGNMENT AND
R
ELEASE
8
B
EFORE
P
RELIMINARY
E
XAMINATION
8
P
RELIMINARY
E
XAMINATION
9
B
EFORE
P
RETRIAL
9
P
RETRIAL
9
S
ENTENCE
10
D
URATION OF
P
ROBATION
10
ARGUMENT/PLEADINGS 10
D
UE
P
ROCESS
F
UNDAMENTAL
10
S
UBJECT
M
ATTER
J
URISDICTION
C
HALLENGED AT
A
NY
T
IME
12
I
NSUFFICIENCY OF
C
OUNSEL
12
N
O
O
ATH OF
O
FFICE ON
R
ECORD
14
C
HARGED WITH A
N
ON
-C
RIME
19
S
TANDING
21
T
RESPASS
A
B
I
NITIO
22
4
TH
A
MENDMENT
V
IOLATIONS
23
I
MPROPER
C
OMPLAINT
F
ILED
/ R
EQUIREMENT OF
M
AGISTRATE
I
GNORED
25
8
TH
A
MENDMENT
V
IOLATIONS
29
T
HE
G
REAT
W
RIT
D
ENIED
30
C
OURT
R
ECORD
T
AMPERED
W
ITH
34
B
RANDED A
C
RIMINAL
36
P
RO
S
E
L
ITIGANT
38
D
AMAGES
38
T
HE
L
AW OF
V
OID
J
UDGMENTS
39
PRAYER 40
EXHIBITS 42
E
XHIBIT
A 44
E
XHIBIT
B 45
E
XHIBIT
C 46
E
XHIBIT
D 47
E
XHIBIT
E 48
E
XHIBIT
F – H
ECTION
1 49
E
XHIBIT
F – H
ECTION
2 50
E
XHIBIT
G 51
E
XHIBIT
H 52
E
XHIBIT
I 54
E
XHIBIT
J 56
E
XHIBIT
K 58
E
XHIBIT
L 59
VERIFICATION 60
PROOF OF SERVICE 60
3
FACTS AND HISTORY
The incident
On November 4, 2000, at approximately 4:30 p.m., Mark Jackson, hereafter known as“Defendant”, was working upstairs on his residence at 1309 Crawford Street, Detroit, Michigan[48209], where he resided with his wife and three (3) children. The lights were off and thepower was off.The Defendant heard crashing noises outside and banging on the windows; noises that heperceived to be coming from the front of the house. He ran over to the window to see where thenoises were coming from. Because he could not see where the noise was coming from, hegrabbed his shotgun from the closet and ran downstairs into the front vestibule.The Defendant witnessed two (2) people on his porch. One was carrying off materials thatthe Defendant had on the porch while the second intruder was exiting the porch and walkingdown the steps, grabbing the large trash cans in front of the steps, knocking them over whichcaused the contents to spill out onto the ground.The Defendant placed the shotgun down, near the door, opened the door and yelled at thetwo (2) transgressors to stop what they were doing. The trespassers became belligerent andstarted cursing at the Defendant. The Defendant approached them and told them to drop theitems that they had stolen. One dropped the materials and ran off down the sidewalk while theother, whom the Defendant later learned was identified as Larry Mason II, dropped the items andtook a combative stance, stating, “What are you going to do now, Bitch?” while approaching theDefendant. Larry made a sudden movement in the Defendant’s direction. Fearing he was goingto be struck, the Defendant moved to block his attacker and struck him in the lower jaw with anopen hand, knocking the attacker back. The attacker backed off, made more threats and ran
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The Great Writ Denied for DEFENDANT’S MOTION TO VACATE JUDGMENT AND MOTION TO DISMISS INDICTMENT (6-26-10)
Case No. 00-69257 HON JAMES R. CHYLINSKI
DEFENDANT’S MOTION TO VACATE JUDGMENT AND MOTION TO DISMISS INDICTMENT
Pursuant to United States Constitution 4th Amendment, 8th Amendment, et al.
DEFENDANT’S MOTION TO VACATE JUDGMENT AND MOTION TO DISMISS INDICTMENT
Pursuant to United States Constitution 4th Amendment, 8th Amendment, et al.
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