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6311
8th Defense Document in Blystone case. Amended Demurrer.
This page is www.lawyerdude.8k.com/6311.html
Related pages:
Chart of the 21 motions in this case: http://www.lawyerdude.8k.com/6508.html
History of the bureaucratic oppression and negligence in this case: http://www.lawyerdude.8k.com/Jackie.html
Jackie Blystone Jackie is driving to file this on May 13, 2004 at 11:20
5700 Moon Drive pmb#88 Version 1 was filed April 1.
Ventura CA 93003
This document is www.lawyerdude.8k.com/6311.html
Superior Court of California - f/k/a Municipal Court
800 South Victoria, Hall of Justice, Ventura CA 93003
Department 11. Judge Roland Purnell
People
v
Jackie Blystone
Case 2003 039 141
Document Number 6311 version 1.1
8th Document by Jackie Blystone.
Notice of Amended Demurrer
Challenge to court’s jurisdiction under Rhode Island v Mass.
Date: Thursday 17 June 2004
Time: 1:30 pm
Place: Court 11
Notice of Amended Demurrer and Waiver of Time
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 amended demurrer. I have received no answer from the prosecution regarding my original demurrer. I am taking my original demurrer (filed 1 April) off calendar today because it was written on short notice. I had the first seen the complaint only two days before I filed the demurrer. Since then I have been distracted from the prosecution of this demurrer by the people’s failure to provide me with the police reports and other discoverable items despite my having filed a PC 1054.5b motion. I waive my right to a speedy trial. I waive it to the extent necessary to do this demurrer.
Signed _______________________________ Jackie Blystone. Thursday, May 13, 2004
Table of Contents:
Memorandum of Points and authorities
Table of Authorities cited herein:
Table of constitutional provisions cited herein:
My Basis for this Amended Demurrer
Use of recreational drugs is protected by the Pursuit of Happiness Clause
The California Constitution does not give this court authority over use of stimulating food
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 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 6th amendment 1
“nature and cause” clause of the bill of rights 1
Rhode Island v Massachusetts (1838) 37 U.S. 657 http://www.lawyerdude.netfirms.com/rhode.html 1
2
My Basis for this Amended Demurrer
The complaint is not verified. Even though the statute may permit a complaint on the bald signature of a prosecutor, the bill of rights requires more. The 6th amendment confrontation clause and Due Process required that the complaint be verified where possible.
Complaint does not state where, with whom, or other details of the crime.
I cannot begin to defend myself until I am accused in sufficient detail to defend myself. I contend that the location of the alleged offense is a detail that should be put into the complaint where it is known. If the location is not known then the complaint should say so. This defect in the pleading is jurisdictional.
Use of recreational drugs is protected by the Pursuit of Happiness Clause
Our totalitarian government has by stealthy encroachment taken away our rights. It now sells them back to us as privileges and licenses. The Pursuit of Happiness Clause precludes prosecution for what is stated in the complaint.
The California Constitution does not give this court authority over use of stimulating food
The California constitution does not authorize the government to use and commerce in recreational drugs.
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 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.
Some 15 or 20 years ago the Alaskan constitution’s “pursuit of happiness” clause was used to challenged a statute there forbidding use of marijuana. Our California clause is identical.
I, Jackie Blystone, certify that on Thursday, May 13, 2004 at around 11:30 a.m. I served this document #6311 to the district attorney in person at their office in the Hall of Justice. Thereafter I filed it at room 118.
Signed ___________________ Date: Thursday, May 13, 2004