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Karl-Duane: Landon II
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c/o 301 opal road #35
3 Abilene, Kansas Republic

KARL DUANE LANDON JR., IN PRO PER

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IN THE DISTRICT COURT FOR THE COUNTY OF DICKINSON
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STATE OF KANSAS, TRAFFIC DIVISION
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STATE OF KANSAS )
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) Case No.: DK-23-TR-000250
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Plaintiff, )
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) Demand for Dismissal for Lack of
13 vs. ) Standing.

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KARL DUANE LANDON JR. ) Date:

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) Time:
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Defendant in Error, )
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_________________________________ )
18 )

19 ) _______________________________

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20 DEMAND FOR DISMISSAL
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NOW COMES the CORPORATE FICTION, KARL DUANE LANDON JR.,
22 alleged DEFENDANT in error, by special appearance without submitting to the
Court’s jurisdiction and hereby moves this Court to dismiss / strike the citation(s) filed
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by OFFICER Kenneth Bryant for lack of ratification of commencement, no corpus
24 delicti, no plaintiff, and, thereby, a lack of subject matter jurisdiction. The grounds for
dismissal are set forth below.
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26
Respectfully submitted, /s/ KARL DUANE LANDON JR
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28 . KARL DUANE LANDON JR., Defendant in Error

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By:__________________________________Dated:_________________________
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(authorized representative)
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MEMORANDUM OF POINTS AND AUTHORITIES
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1. Objection for Lack of Ratification of Commencement. There is no claim.
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a) FEDERAL RULES OF CIVIL PROCEDURE (F.R.C.P.),
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RULE 17(a) - Real Parties in Interest:
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“(1) Designation in General - An action must be prosecuted in the
7 name of the real party in interest. The following may sue in their
own names without joining the person for whose benefit the
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action is brought: An (a) executor, (b) an administrator, (c) a
9 guardian, (d) a bailee, (e) a trustee of an express trust, (f) a party
with whom or in whose name a contract has been made for the
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benefit of another, or (g) a party authorized by stature.
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(2) Action in the Name of the United States for Another’s Use or
Benefit –When a federal statute so provides, an action for
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12 another’s use or benefit must be brought in the name of the
United States.
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(3) Joinder of the Real Party in Interest - The court may not
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dismiss an action for failure to prosecute in the name of the real
15 party in interest until, after an objection, a reasonable time has
been allowed for the real party in interest to ratify, join, or be
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substituted into the action. After ratification, joinder, or
17 substitution, the action proceeds as if it had been originally
commenced by the real party in interest.” (emphasis added)
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b) FEDERAL RULES OF CIVIL PROCEDURE (F.R.C.P.), RULE 2:
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“There is one form of action – the civil action.”
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There is neither an injured party nor trespass in the above-mentioned matter,
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and unless verifiable evidence to the contrary can be presented by the
24 prosecution, none such exists, and, therefore, the matter must be dismissed.
As all crimes are commercial (27 C.F.R. § 72.11), and every alleged crime
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has to have “nature and cause” and must be prosecuted in the name of the
26 people of the state.

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28 2. There is no corpus delicti.

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While this alleged offense or infraction may constitute a violation of state
30 statute, it was not a crime. As my limited understanding permits, this is a
criminal matter. Notwithstanding, proof of the corpus delicti is required in
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all criminal matters as shown in the following case law:
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"Proof of the corpus delicti is
required in all criminal
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 1 cases...There are three basic
elements in the proof of a crime: (1)
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the occurrence of loss or injury, (2)
3 criminal causation of that loss or
injury and (3) the identity of the
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defendant as the perpetrator of the
5 crime. However, it is firmly
established in this State that the term
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corpus delicti embraces only the first
7 two of these elements-loss or injury
and criminal causation." State v.
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Hill, 221 A.2d 725, 728. (emphasis
9 added)

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11 "It is true that the above are all cases

of felonious homicide, but the
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doctrine [of corpus delicti] is in
13 nowise peculiar to such cases; it is
equally applicable to all criminal
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cases." State v. Gelzeiler, 128 A.
15 240 (emphasis added)

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17 3. There is no plaintiff.

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This is an adversarial proceeding, and as it is to the alleged DEFENDANT’s
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limited understanding, adversarial proceedings require real adversaries as
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supported by the following case law:
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“Properly understood the general
23 principle is sound, for courts only
adjudicate justiciable
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24 controversies… courts must look
behind names that symbolize the
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parties to determine whether a
26 justiciable case or controversy is
presented.” United States v.
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Interstate Commerce Commission,
28 337 U.S. 426 (1949). (emphasis
added)
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4 Lack of evidence that the alleged DEFENDANT was operating a “vessel” in
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. commerce.
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It has not been established that the

1 alleged Defendant is subject to this
private law by way of explicit or implied
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contract. Alleged Defendant’s signature
3 on said alleged citation was made under
duress for fear of arrest and was not
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meant to be a contract with the STATE.
5 The following is yet more case law to
support this assertion:
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"The right of the citizen to travel upon
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public highways and to transport his/her
9 property thereon, either by carriage or
automobile, is not a mere privilege
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which a City/State may prohibit at will,
but a common right which he/she has
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11 under the right to Life, Liberty, and the
Pursuit of Happiness." Thompson v.
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Smith, 154 SE 579.
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"The use of the highway for the purpose
15 of travel and transportation is not a mere
privilege, but a common and
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fundamental right which the public and
17 individuals cannot be rightfully
deprived." Chicago Motor Coach v.
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Chicago, 337 IIL200, 169 NE 22, 66
19 ALR 834. Ligare v. Chicago, 139 III. 46,
28 NE 934. Booney v. Dark, 214 SW
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607; 25 A M JUR (I'1) Highways, Sec.
21 163.

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23 “For a crime to exist, there must be an

injured party. There can be no sanction
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or penalty imposed on one because of
25 this exercise of Constitutional rights."
Sheer v. Cullen, 481 F. 945.
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"The right to travel is part of the Liberty

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of which the citizen cannot be deprived
29 without due process of law under the

30 Fifth Amendment." Kent v. Dulles, 357

U.S. 116, 125.
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"Where rights are secured by the
Constitution are involved, there can be
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33 no rule-making or legislation which
would abrogate them." Miranda v.
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Arizona, 384 U.S. 436, 125.
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2 "The claim and exercise of a

3 Constitutional right cannot be converted

into a crime." Miller v. U.S., 230 F 2nd
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486, 489.

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"Under our system of government upon

7 the individuality and intelligence of the

citizen, the state" does not claim to
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control him/her, except as his/her
9 conduct to others, leaving him/her the
sole judge as to all that affects
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himself/herself." Mugler v. Kansas, 123
11 U.S. 623, 659-60.

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13 GENERAL RESERVATION OF RIGHTS

14 OF Karl-Duane: Landon II

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16 Please be advised that My use of the phrase, "All Rights Reserved without Prejudice",
below My autograph on this document means the following:
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(1) THAT I explicitly reject any and all benefits of the Uniform Commercial Code
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absent a valid commercial agreement which is in force and to which I am a party, and
19 citing its provisions herein is only to serve notice upon ALL agencies of government,
whether international, national, state or local, that they (and not I) are subject to, and
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bound by, all of its provisions whether cited herein or not;

(2) THAT My explicit reservation of Rights has served notice upon ALL agencies
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21 of government of the remedy which they must provide for Me under Article 1, Section
308 (formerly § 1- 207) of the Uniform Commercial Code whereby I have explicitly
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reserved My Common Law Right not to be compelled to perform under any contract or
23 commercial agreement that I have not entered into knowingly, voluntarily, and
intentionally;
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(3) THAT My explicit reservation of Rights has served notice upon ALL agencies
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of government that they are ALL limited to proceedings against Me only in harmony
26 with the Common Law and that I do not (and will not) accept the liability
associated with the compelled benefits of any unrevealed commercial agreements; and
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(4) THAT My valid reservation of Rights has preserved all of My Rights and
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prevented the loss of any such Rights by application of the concepts of waiver or
29 estoppel.

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32 CONCLUSION

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34 It is reasonable to assume that these judicial decisions are straight and to the
point that there is no lawful method for government to put restrictions or limitations on
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rights belonging to the people. There is no question that a citation issued by a police
2 officer for no driver's license, current vehicle registration, or mandatory insurance, etc.
which carries a fine or jail time as a penalty. The act is, indeed, converting a right into
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a crime.
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A corporate entity, whether it be a city, state, or of the U.S. Government,
5 cannot testify as an injured party and, thus, cannot be cross-examined as an individual
one can speak for a corporation but cannot be an injured party.
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If the alleged DEFENDANT is to be subject to the alleged “criminal acts”, it is

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concluded that no law was, in fact, broken.
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Because there is no ratification of commencement and no plaintiff, the Court
lacks personam jurisdiction. Further, without a verifiable corpus delecti, there is no
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 9 justiciable controversy or cause of action before the Court. For these reasons, the Court
is instructed to strike or to dismiss this case that was filed against the alleged
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DEFENDANT with prejudice.
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Respectfully submitted with all rights reserved,
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___KARL DUANE LANDON JR.______ Dated:___________________________

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KARL DUANE LANDON JR., Defendant in Error
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In Pro Per,
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16 By:

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____________________________________
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(authorized representative), sui juris
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Without the UNITED STATES
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Kansas, the Land, uSA

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