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53- [MOTION NO. 22]- Statement of Probable Cause - Contents

53- [MOTION NO. 22]- Statement of Probable Cause - Contents

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Published by: terryhinds on Oct 06, 2011
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04/22/2012

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IN THE MUNICIPAL COURT OF ST. LOUIS COUNTYTWENTY-FIRST JUDICIAL CIRCUITSTATE OF MISSOURI
ST. LOUIS COUNTY, ))Plaintiff, )) Case I-09063201vs. ))TERRY LEE HINDS )) West DivisionDefendant. ))) No Trial Date Set
DEFENDANT’S MOTION
 
NO. 22
DEFENDANT’
S MOTION TO INVOKE RULES AND ITS REQUIREMENTSMissouri R. Crim. P.
 
21.04. - Statement of Probable Cause - Contentsand Missouri R. Crim. P.
 
21.02. - Misdemeanors - Information
COMES NOW, TERRY LEE HINDS (hereinafter the “[Accused]”) proceeding as a
 prose
Defendant in the above cause and pursuant to the provisions of Missouri R. Crim. P. 21.04.
 
[Misdemeanors - Statement of Probable Cause
 – 
Contents] and Missouri R. Crim. P. 21.02.[Misdemeanors
 – 
Information] hereby moves this Court to invoke and enforce said rules byissuing a
written Order
that the Plaintiff and Prosecution
(hereinafter the “[government]”)
shallcomply with and obey these Rules; to maintain procedural law as a prescribed method of enforcing a right or obtaining a redress for its invasion, that substantive law creates. This motionis further made under the purview Missouri R. Crim. P. 24.04. [Motions Before Trial
 – 
Defenses
and Objections] in support of the [Accused]’s affirmative defenses, defense theories
or inconjunction with his objections with
“defects in the institution of the prosecution or 
 Information,
” as well as
,
to preserve the [Accused]’s rights under Missouri R.
Crim. P.
 
Rule 30(1)
 
et. seq., [Appellate Procedure In All Criminal Cases]; including the affect to the
[Accused]’s
substantial rights in this case, brought without probable cause, and that the [government] actedwith malice, primarily for a purpose other than that of bringing an offender to justice, procuredthrough the institution of a criminal proceeding, under the color of law to deprive [him] of rights,privileges, or immunities secured by the Constitution. The precluded reliance of established courtdoctrines, a proceeding initiated without
 probable cause
and other acts done by the [government]is beyond its capacity and is considered invalid and described as
ultra vires.
Relevant SupremeCourt doctrines, case or common law, U.S. or the State of Missouri Constitution are controlling.The defense of this case, in part, is based upon the [Accused] reliance in U. S. Supreme Courtopinions i.e.,
“To punish a person because he has done what the
law plainly allows him to do is adue process violation of the most basic sort
as well as,
e.g., “[F]or an agent of the State to
pursue a course of action whose objective is to penalize a person's reliance on his legal rights ispatently unconstitutional.
See Bordenkircher v. Hayes, 434 U.S. 357 (1978); and United Statesv. Jackson, 390 U.S. 570, 581, 88 S.Ct. 1209, 1216, 20 L.Ed.2d 138 (1968).WHEREFORE, PREMISES CONSIDERED the [Accused] respectfully requests that theCourt issue a
written Order
for the [government] to make a written Statement of ProbableCause
 – 
[Contents] and to produce it within 7 days of this Order, making disclosure to thedefense, and this Court, maintaining a procedural law and right, moreover for enforcing the
Court’s previous
verbal Order
issued on October 21, 2010, compelling the parties to adopt,conform and proceed under Missouri Rules of Criminal Procedures which are applicable to a
misdemeanor’s offense.
For reasons set forth herein, and such arguments as the Court will(2)
 
entertain at the motion hearing; the [Accused] prays that the Court grant this Motion in all thingsor other relief that is just and appropriate in the circumstances.Respectfully Submitted,____________________________Terry Lee Hinds,
Pro Se
 438 Leicester Sq DriveSt. Louis, Missouri 63021Tel# 314-795-3115Executed 14
th
day of March, 2011
CERTIFICATE OF SERVICE
The above signed certifies that a true and correct copy of the foregoing, was provided to the[government] on this 14
th
day of March 2011 by U.S. Certified Mail, first class postage prepaid,to:County Counselor Jason Murray and Molly ChestnutThe Office of the County Counselor41 South Central Ave. Clayton, MO. 63105Certified Mail Return Receipt #7003-2260-0004-8226-2521 Attachment of Missouri R. Crim. P 21.02. & 21.04.(3)

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