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...