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Ms. Blystone’s 2^nd motion: Notice of Demurrer

Filed 1 April 2003

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Ms. Blystone’s 2^nd motion: Notice of Demurrer

Filed 1 April 2003

Jackie Blystone We filed this motion on April 1, 2003.

5700 Moon Drive pmb#88 See our green trial notebook for paper copy or proof of service.

Ventura CA 93003

Superior Court of California - formerly known as Municipal Court

800 South Victoria, Hall of Justice, Ventura CA 93003

Department 11. Judge Roland Purnell - former FBI agent and former prosecutor.

Ronald Carpenter dba

under false color of law as

“The people of the state of California”

Jackie Blystone, Sui Juris

Case 2003 039 141

Document Number 6258 version 1

1^st Document by Jackie Blystone.

Notice of Demurrer

Challenge to court’s jurisdiction under Rhode Island v Mass.

Date: Thursday 13 May 2004

Time: 1:30 pm

Place: Court 11

Notice of Motion

To all parties and counsel: Be advised that at the venue designated in the caption or at such other time as the court may designate, I will ask the court to grant my demurrer.

Signed _______________________________ Jackie Blystone. Thursday, April 1, 2004

Table of Contents:

I challenge the jurisdiction of the court until I receive a legible complaint and time for counsel to review

Memorandum of Points and authorities

Table of Authorities cited herein:

Table of constitutional provisions cited herein:

Table of cases cited herein:

Proof of Service

Statement of the case

This complaint fails to apprize me sufficiently to permit me to defend myself. At the preliminary examination I will not know what questions to ask. I intend to file concurrently a motion to dismiss based on failure to provide discovery. This motion is not made for purposes of delay.

I am a 38 year old mother of 2 wonderful kids, age 18 and 14.

This is a stale case. I received a written copy of this complaint only 2 days ago. The date of the alleged crime is 8 September 2003 - 6 months ago.

I now demur.

I challenge the jurisdiction of the court until I receive a legible complaint and time for counsel to review

I challenge the jurisdiction of this court until you tell me the “nature and cause” of the complaint in sufficient detail to permit me to defend myself.

Memorandum of Points and authorities

Table of Authorities cited herein:

Table of constitutional provisions cited herein:

“effective assistance of counsel” clause of the 6^th amendment 1

“nature and cause” clause of the bill of rights 1

Table of cases cited herein:

Crawford v Washington (2004) at this link: http://www.lawyerdude.8k.com/craw3.html 1 2

Rhode Island v Massachusetts (1838) 37 U.S. 657 http://www.lawyerdude.netfirms.com/rhode.html 1
2

Memorandum of Authorities

I have a constitutional right to be informed of the nature and cause of the prosecution against me. Those words are in the Bill of Rights. I have a right to be presented with a written complaint or at least a legible ticket. Until then, the prosecution must stop.

I have a right to effective assistance of counsel. That means that my lawyer must know the charges against me and must be able to read the traffic ticket.

I challenge this court’s jurisdiction.

"Hearsay is no Evidence ... though a Person Testify what he hath heard upon Oath, yet the Person who spake it was not upon Oath; and if a Man had been in Court and said the same Thing and had not sworn it, he had not been believed in a Court of Justice; for all Credit being derived from Attestation and Evidence, it can rise no higher than the Fountain from whence it flows, and if the first Speech was without Oath, an Oath that there was such a Speech makes it no more than a bare speaking, and so of no Value in a Court of Justice, where all Things were determined under the Solemnities of an Oath ... ." - Gilberts 1789 as cited by Scalia last month in Crawford v Washington (2004) at this link: http://www.lawyerdude.8k.com/craw3.html
Under Rhode Island v Massachusetts (1838) 37 U.S. 657 http://www.lawyerdude.netfirms.com/rhode.html proceeding must stop until the jurisdiction issue is resolved.

Proof of Service

I, Jackie Blystone, certify that on Thursday, April 1, 2004 I served this document #6258 to the district attorney in person at their office in the Hall of Justice at ___ pm. Thereafter I filed it at room 118.

Signed ___________________ Date: Thursday, April 1, 2004