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Getting ready for court, I have noticed that there is a judicial assault on my rights. But they aint

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posted on Sep, 30 2010 @ 12:53 PM
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I guess its time I outline part of the hell I have been through.

I am about to go through one helluve of a divorce. In this process I have had to do some nut cutting...

I am not able to tell you where this all started but I can tell you it is at. The odds are stacked against me in ways you cant imagine. I have been framed and set up. I wont sweat it. This whole process has made me a lot tougher. I am not at some of your levels here but I am ready for the fight.

The case it self will have some interesting turns...

So far I have initiated the attack. I filed the case so I could pick the venue.

This was over the crux point of the case. The judge who will be hearing the case made a ruling in another case that makes him the prime candidate to allow me to continue past this point. Its the little break I found I needed.

I am going to use mediation to allow time to pass so my position only becomes stronger. If she concides during mediation cool I win otherwise...

Before you jump to judgement keep in mind even her friends are still feeding me information with a 60% accuracy. She lies constantly. I know for a fact she will withhold financial information from the divorce. She will nullify the attempt at good faith mediation.

The next step will be after we enter back into court.

"Thats a nice opinion your honor but being that we are not in the trial phase yet here is my reciept for a jury trial. I motion for my trial by a jury of my PEERS."

Texas law states that either party can request a trial by jury before the start of the trial phase in any court.

I am representing myself. Dont worry the lawyer and the client are both certified as insane.

On this note I hope she actually has a lawyer. If not I might try to ensure she does. Most the lawyers she has access to have a habit of treating the jury like they are idiots... The prefer to make deals not trials by jury...

Back to the subject...

The next phase is jury selection...



They are so not ready... lol...

Jury Selection



Jury selection refers to several methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys. Depending on the jurisdiction, attorneys may have an opportunity to mount a challenge for cause argument or use one of a limited number of peremptory challenges. In some jurisdictions that have capital punishment, the jury must be death-qualified to remove those who are opposed to the death penalty. Attorneys sometimes use expert assistance in systematically choosing the jury, although other uses of jury research are becoming more common. The jury selected is said to have been "impaneled". In three studies legal authoritarianism, attitudes toward psychiatrists, and attitudes toward the insanity defense were examined as predictors of conviction-proneness in insanity defense cases.[1] Some experts believe that 85% of cases litigated are won or lost in the jury selection phase.[2]



Some good sites with information on this....

Criminnal Defense
How to pick a winning jury
1936 how to pick a jury

Googled jury selection

I have read as much as I can...

I switched it over to videos and watched some of the videos quite educational....

Suffice it to say at this point I will have the info back from the pi's on the witnesses. I will have a preacher and at least one active duty sailor as witnesses. Not to mention multiple hostile witnesses...


(please note I am aware of the difference in the rules of procedure for submission of evidence in a civil court versus a criminal. Hersey is admissible...)

Now for my big play.... My hail mary in forth quarter of the superbowl....

Jury Nullifacation in the the US




Jury nullification in the United States has its origins in colonial British America. The American jury draws its power of nullification from its right to render a general verdict in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendment’s Double Jeopardy Clause, which prohibits the appeal of an acquittal,[1] and the fact that jurors can never be punished for the verdict they return.[2]



It is important time now... Pay close attention... This were we as americans are being robbed blind...



Over time it was repeatedly confirmed that jury nullification is a power but not necessarily a right of juries. This shift stemmed from the 18th century conflict between two factions of English jurists, the first led by Lord Camden, which was originally prevalent in what became the United States, and the second led by Lord Mansfield. The position of the latter was called "Mansfieldism" by Jefferson[4] and the shift has been called "Mansfieldization".[5]




In recent years, judges seem to be less likely to favor jury nullification. While unable to take away the power of nullification, they have done much to prevent its use.





A 1969 Fourth Circuit decision, U.S. v. Moylan, affirmed the right of jury nullification, but also upheld the power of the court to refuse to permit an instruction to the jury to this effect.[27] We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision. Nevertheless, in upholding the refusal to permit the jury to be so instructed, the Court held that: …by clearly stating to the jury that they may disregard the law, telling them that they may decide according to their prejudices or consciences (for there is no check to insure that the judgment is based upon conscience rather than prejudice), we would indeed be negating the rule of law in favor of the rule of lawlessness. This should not be allowed.


It goes on and on... Summing it up

The jury has the right to use it but not to be informed of it. They do not want anyone serving in the jury to know about it. They have abandoned the first set of instructions...



What some interpret as explicit recognition of the use of jury nullification, the first Chief Justice of the United States, John Jay, wrote: "t is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision… you [juries] have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy".[3]



They will purposely seek to unset any jury member who is aware of this or will not follow the judges marching orders.....

I have read the cases and realized one thing. In my case the use of jury nullification will work because of the judges ruling in another case. I am closing with it and Marshalls quote... It is his set of instructions to the jury and I am passing the message from The first supreme court justice...

I am fight for the best interest of myself and my son. My ex as we speak live in a one bedroom apt with her boyfriend, new born infant, my son, and her sister...

I know I am going to win.

I apologise for the jumping but I dreamed last night one of you was on the jury and I want to make sure that the knowledge of JN was back out there.

In conclusion, It is going to be a tough case.

The Jury Nullification aspect I know is a double edge sword. It is an important part of our system they (the Judges and prosecutors are attempting to stop the american public from knowing about. I find it disturbing they are doing it.

They want the people to be able to rule but not know how they can. It is the beginning of tyranny.

I am facing it directly and am going to win. Please follow the links and educate yourself on what you need to know that the judges and prosecutors do not want you to know. It is a check in the checks and balances they do not want well known....



You as a jury member are the law...



posted on Sep, 30 2010 @ 01:06 PM
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Videos on jury nullification



Ron Paul....



For mentioning it...



and


You want more???



And If I do get called on it... Ill demand a trial by jury...



posted on Sep, 30 2010 @ 01:54 PM
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The best videos so far on a side note... yet still apply....

jury selection


Super proof


how to get convicted


how to get convicted II



posted on Sep, 30 2010 @ 07:21 PM
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I do promise full disclosure of all the details of the case once I win...

I have to explain something though. I want to make sure of an understanding in communication.

I am quite willing to work the whole thing out in mediation and I do hope that it will work out that way but I am prepared to through the wall....

The whole way....



I do have a question for the mods am I allowed to give my own personal information.....

I am astounded by the crickets on the no response on the thread... To those that have u2u ed me... Thank you and even though I am not christian I will say a prayer to your deity for you... Break some legs...



posted on Oct, 1 2010 @ 11:55 PM
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reply to post by ripcontrol
 


Divorce is just another statistical way of stating marriage did not work out.

Unforutnately, and usually, both sides are to blame in some senses.

Lack of communication.

Lack of emotional stability.

Lack of maturity.

Inability to compromise.

The list goes on and on.

Not directed at you, ripcontrol, or your soon to be ex-spouse, at least not personally.

You picked the venue.

Good choice.

Representing yourself?

Seek legal counsel or at least free legal-aid.

Find some currently college attending lawyer-to-be to do some of the paperwork and motions.

You might have to pay some costs but I assure you they will be minimal.

The experience they will gain will be worth it for them to do all they can do for you.

Without more specific details I am at a loss as to how to respond.

As well as this domestic disputes are something I am loathe to give advice on.

There are several reasons for this not only because of a conflict of interest but because friends do not always understand I see through to both sides of the story, usually something was said, done, and or reciprocated which I will wholly disagree with, have a strong stance on and or against, and or I end up siding with one side in error, even if that is with the friend and the secondary person I know nothing about and he or she ends up being the abused party completely.

It's nothing personal, trust me, I haven't told you anything, that I wouldn't tell her if I knew her.

I am constantly the "man in the middle" when it comes to disputes.

I have training in conflict de-escalation, conflict resolution, and dealing with irate people.

My resume is currently going to page 25 and growing with dealing with this type of nonsense.

Included but not limited to verbal interrogation, lie detection, and electronic handwriting analysis.

I say this because I prefer to make certain people know I do not tolerate being lied to.

Not directed at you or your soon to be ex but to the thread topic in general and domestic disputes.

I hope at the very least my support through critical-thinking here shows I respect you.

And I hope my time posting sees you and her at an amicable divorce towards happiness.

For both of you.



posted on Oct, 4 2010 @ 12:28 PM
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Welcome to the wonderful world of divorce court.

Please leave all common sense and laws at the door.

In short, you will loose and your ex will gain. Your child visitation will be less than her's. etc.

It's a nightmare and unfair, but that is how it goes. Here is the best tip I can give you.

Try to work out everything you can with your ex, because the more you agree on the cheaper it is going to be in the long run and the sooner the fighting can end and you can get back to your new lives. When divorce lawyers and courts see a couple fuming at each other, all they see dollar signs. Lawyers don't like couples who come into court like adults, want joint visitation, and everything split down the middle, they hate that because it is less money for them.



posted on Oct, 11 2010 @ 10:46 AM
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reply to post by SpartanKingLeonidas
 


Their is blood in the water...


its not mine


Someone got caught with her hand in the cookie jar. I am waiting on the judges response to it...

It will be nasty. I knew this before I walked in. I hope you do not mind I borrowed some Tactics from your suggestions and experiences. I have her at every possible move and I have a winning plan and execution so far.

I have shut off several avenues of her attack and may be able to nuetralise her allies. Its not her I am worried about.

Before the statements are made. What most here have problem realising is the essence of tactics. The main one is decision making. I made a decision over what I thought was the best interest of the children involved. My actions have evolved from this point.

The goal is to keep options available during the whole process.

I started this way way way behind the eightball...

The lawyer is in place incase incoming is is more intense then expected, but not a dime till then. She has spend her money not me.

Maneuver warfare ...

My opening salvo will be followed by a second salvo, pre- jury trial...

@ my ex
If by chance you are reading this as I suspect... I am still open to mediation, but I will continue to advance tilll the mediation is settled....

reply to post by Jdawg9909
 


Peace and goodwill are based on the attitudes of the stronger party. I can not trust her to negotiate honestly at the end of the day.

You had a great point the problem is that she is at her very nature crooked and is known to cheat. In fact so far she has not played according to the rules and recently tried to bypass the judge.

Of course I so kindly informed the court of her behavior
....

It will come down to the juries opinion, and I can talk a little...

I have no choice because she has backed me into a corner. I fight so my children have a better life. If I role over and play dead I can not say I am a man at the end of the day because I will have let my children down.



posted on Nov, 8 2010 @ 05:42 PM
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It has been slow going... She is trying to buy time so she has a lawyer...

Murphy paid her a visit instead of me for a change.... (he is awesome)

My soon to be ex- mother in law hit her for over four hundred a month in child support and the AGs took it from her check...

She has no reliable transportation and cant get to work most of the time let alone the upcoming court dates... she cant work and fight me...



Several of her closest friends are feeding me information on the quality of her house keeping... it has not reached the where I can attack from that angle...

Her and her boyfriend have been fighting a lot more recently....


Me.... My star is rising.... My girlfriend is ready to just kick her butt... She has guaranteed , along with my allies we will have a new house right before placement...u

Me and an old friend from the navy are going into business together...

The VA and me have a run in comming in court...

Over my benefits...

I have the resources the will and the brains and am not quiting so any of you out there thinking about quiting dont... keep going




posted on Dec, 23 2010 @ 02:02 PM
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I just found out....

My fight is just now having it first seldon crisis so to speak.....

The outside forces are mounting (in my favor)

I have been fighting the VA for Four years now.... Feburary 15, 2011 I am back in this ring... My taveling review board...

My social security claim is due to have the court date by march.... its been a two year fight..


Internal forces... my favor...

A woman who loves me...
Friends who will kill for me and who I would do the same for....


Like I said more information by the very end... It will cresendo by April 2011... I will be swimming in cash...

(over two hundred thousand)



I am not counting chickens just the fact I can have omlets...



BTW, I know your reading my post ....

Just so you know For custody I was told it would amout to 20,000.... Since I know your reading this I will make the offer one last time....



posted on Jan, 29 2011 @ 05:52 PM
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Well ATS, two days away from round one...

A battle of my choosing,

on ground I choose,

under conditions I choose....

And guess what, sitll got my blood up and running...

This a prequal... I get to see how I handle things, it is over 25g's... not a lot..worth more for the experience...

wish me luck... for a victory means a full crushing engagement the second I walk out... My lawyer said as soon as it is approved, he takes the case... (he not cheap
)



Hey baby, when you read this... I love you....



posted on Jan, 29 2011 @ 05:58 PM
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reply to post by ripcontrol
 

Be careful tho as some judges will be shall we say "less sympathetic" to you for having the audacity to not have an attorney.



posted on Feb, 2 2011 @ 07:30 PM
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reply to post by CosmicCitizen
 


I know and thank you...

You agree with the adviser I had per the evil overlords rules.. told me it was a great plan but bring in the gunslinger...


I am following his advice he said I had till phase three that was the limit of what I could do...



ROUND one:




dedicated to my soon to be ex mother in law...



Enemies: zero, zilch, nadda, nothing




RIPCONTROL:



or perhaps better put



saving the irish jig till the last round..
I am up one battle to Her nothing...




posted on Mar, 19 2011 @ 01:11 PM
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Just got the deposit, yesterday...






The appointment with the lawyer is Thursday.... a former judge


Im coming......



posted on Apr, 9 2011 @ 01:11 PM
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Well, round two has started with a bang...

The players are performing straight to script, straight to script...



****jammin*****



posted on Apr, 28 2011 @ 07:38 PM
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I am taking a moment to pause and reflect...

two years worth of efforts and it comes down to tomorrow at 9 am... every trap laid every legal maneuver planned... now it is down to how she loses not if...


wish me luck...


we are house hunting.....

It has hit me tomorrow is the battle... the first of many... and I have called


Cheers ATS...



to standing outside the fire...



posted on May, 7 2011 @ 12:38 AM
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Well I did mention elsewhere that this last round went to the AG's office...

I have a very easy way out, a simple phrase and they have to leave after the DNA test...


But you know what, I AM NOT BUDGING....

I am a free American and will NOT be bullied by a bureaucrat ... I am fighting to the end...

The first shot hits Monday...

PRE-TRIAL written request for and paid .. trial by jury per Texas law of civil procedure





I am going to the wall... they aint ready for me.... even If I lose I can hold my head up high....


besides I am also conducting a few other maneuvers...

In closing I was told something by one of my relatives.... I was told that my great uncle may not talk a lot about war world 2 but I should know what DNA was in my blood....

He had broke and ran... Got wounded in the process... got mad turned around and went back into the fight like a devil... he killed a lot Germans that day with his squad...

CH knew it because he had to go relieve the unit with his squad.... being cousins they talked real quick...

He told me to remember that... when your branch of the family gets mad amazing things happen...

This was during a time I was also being bullied.... He said how I handled this determined how things went later in life....



posted on May, 7 2011 @ 12:55 AM
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I'm not going to wish you luck, my friend.

I'm wishing you justice...



posted on May, 7 2011 @ 02:27 AM
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Watch out.

Your ex's lawyer will put a investigator on your A** its easy to become a investigator in Texas and they are cheap most lawyers use them.

He will try to find things to report to the VA just to screw with you.

But you can get someone that she does not know to phone her and tell her that you have hired a investigator to watch her and her boyfriend to try to catch them doing something illegal.
It will make them go buggy trying to spot the person watching them. and if ether are doing something illegal they will be worrying they will get caught.
Also have them told there is a tracking device on there car. They will spend hours searching for it

It cost nothing but can be fun.




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