$30-million per year for jewish Judge Raving Bitch Judy, bumper stickers sold at UT College of Art
THE DRAGONATER WINS IN TRAFFIC COURT AT DEALS GAP, RAISES SPEED LIMIT TO 65 MPH ON THE DRAGON - NOLLE PROSEQUI BY BLOUNT COUNTY ATTORNEY GENERAL. NO TESTIMONY, HEARING NOR TRIAL WHATSOEVER. 60 MPH SPEEDING TICKET DISMISSED WITH PREJUDICE, COSTS PAID BY THE STATE, IN BLOUNT COUNTY GENERAL SESSIONS COURT WITH JUDGE BREWER. THP TROOPER RANDALL HUCKEBY ADMITTED ON VIDEOTAPE DURING TRAFFIC STOP THAT ALL SPEEDING TICKETS NORTHBOUND ON US129 AT MILE MARKER 0.5 ARE FEDERAL JURISDICTION, NOT STATE JURISDICTION (VIDEO BY THE DRAGONATER). TDOT ADMITTED IN WRITING THAT THE MANDATORY TRAFFIC ENGINEERING SURVEY SPEED AUDIT WAS NEVER PERFORMED, IN VIOLATION OF TN CODE, THUS THE POSTED 30 MPH SPEED LIMIT ON THE DRAGON REVERTS TO THE DEFAULT 65 MPH IN TN CODE. THE DRAGONATER ALSO MADE VIDEO OF TROOPER HUCKEBY SPEEDING UP TO 60 MPH ON THE DRAGON IN A 30 MPH ZONE, WITHOUT MANDATORY EMERGENCY LIGHTS NOR SIREN, IN VIOLATION OF TN CODE, AND PERJURY IN HIS PERSONNEL FILE, WHICH SHOWED HIS $100,000+ SALARY. 2007 TDOT SAFETY AUDIT REPORT CONFESSED THAT THP'S JOB IS TO BAN ALL COMMERCIAL BUSINESSES ON THE DRAGON, SO THP TICKETS INCREASED 11,400% IN BLOUNT COUNTY. THP'S STALKER RADAR OPERATOR MANUAL CONFESSED THAT RADAR CANNOT MEASURE THE SPEED OF VEHICLES WITHIN 18 MPH OF ACTUAL SPEED. WATCH THIS SPACE FOR FULL EVIDENCE FILE. UPDATE 7 MARCH 2011
"You can't use the US Constitution in MY courtroom! You might be able to use it over there in federal court, but not here!"
-Judge Wheeler Rosenbalm, Knox County Circuit Court, John Lee vs City of Knoxville
The Dragonater won that 3-year appeal of a $10 parking ticket by using Rule 202 of TN Rules of Evidence, when the city attorney forgot to enter the city ordinance as an exhibit during her case in chief, thus the city ordinance did not exist in THE LAW OF THE CASE. When the city attorney Hillary Browning rested her case in chief, I moved to dismiss for failure to prosecute, citing Rule 202, that the state court cannot take judicial notice of a city ordinance unless it is entered as an exhibit.
Tennessee Rules of Evidence, Rule 202. Judicial notice of law.
(a) Mandatory Judicial Notice of Law. —The court shall take judicial notice of (1) the common law, (2) the constitutions and statutes of the United States and of every state, territory, and other jurisdiction of the United States, (3) all rules adopted by the United States Supreme Court or by the Tennessee Supreme Court, and (4) any rule or regulation of which a statute of the United States or Tennessee mandates judicial notice.
(b) Optional Judicial Notice of Law. —Upon reasonable notice to adverse parties, a party may request that the court take, and the court may take, judicial notice of (1) all other duly adopted federal and state rules of court, (2) all duly published regulations of federal and state agencies and proclamations of the Tennessee Wildlife Resources Agency, (3) all duly enacted ordinances of municipalities or other governmental subdivisions, (4) any matter of law which would fall within the scope of this subsection or subsection (a) of this rule but for the fact that it has been replaced, superseded, or otherwise rendered no longer in force, and (5) treaties, conventions, the laws of foreign countries, international law, and maritime law.
(c) Determination by Court. —All determinations of law made pursuant to this rule shall be made by the court and not by the jury. In making its determination the court is not bound by the rules of evidence except those with respect to privileges.
Advisory Commission Comments. Note that judicial notice of ordinances is discretionary and requires notice to adverse parties.
That KPD parking ticket was for "illegal parking" on my own private property, and was the same parking space where KPD and Sutherland Avenue Wrecker Service previously stole another one of my cars, denied towing my car for 2 months while it was listed as stolen in the NCIC database, then sent me a $700 tow bill. The KPD officer admitted on the KPD Dispatch audiotape that my car was legally parked and refused to tow it, but his supervisor ordered him to tow it anyway, without a parking ticket, so no due process hearing was even allowed in court. I never did get my car back, and the Knox County district attorney refused to prosecute the car thieves.
Had I not cited Rule 202, I would have lost the trial, since the judge didn't care about the facts of the case, only THE LAW of the case. This $10 parking ticket was actually part of 3 multi-million-dollar class action lawsuits filed in 3 courts, for a massive cartheft racket run by KPD. Knox County sheriff Tim Hutchison ran his own cartheft racket with convicted copkiller Roy Lee Clark, towing cars from West Town Mall then chopping them for parts.
Law of the Case
The Law of the case is a legal term of art that is applicable mainly in common law, or Anglo-American, jurisdictions that recognize the related doctrine of stare decisis. The phrase refers to instances where "rulings made by a trial court and not challenged on appeal become the law of the case." [1] "Unless the trial court's rulings were clearly in error or there has been an important change in circumstances, the Court's prior rulings must stand." [2] Usually the situation occurs when either a case is on appeal for the second time--e.g., if the reviewing court remanded the matter back to the trial court and the party appeals again, or the case was appealed to a higher appellate court—for example, from an appellate court to the highest court.
As generally used, the term law of the case designates the principle that if an appellate court has passed on a legal question and remanded the cause to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same.[3]
The doctrine provides that an appellate court’s determination on a legal issue is binding on both the trial court on remand and an appellate court on a subsequent appeal given the same case and substantially the same facts.[4]
Law of the case, however, is one of policy only and will be disregarded when compelling circumstances call for a redetermination of the determination of a point of law on prior appeal, and this is particularly true where an intervening or a contemporaneous change in law has occurred by overruling former decisions or the establishment of new precedent by controlling authority.[5]
The law of the case doctrine precludes reconsideration of a previously decided issue unless one of three "exceptional circumstances" exists: (1) when substantially different evidence is raised at a subsequent trial; (2) when a subsequent contrary view of the law is decided by the controlling authority; or (3) when a decision is clearly erroneous and would work a manifest injustice.[6]
"Law of the Case" means that a judge will only consider laws in your traffic ticket case if you list in your pleadings every law that applies in your case. So if you fail to name the US Constitution in your motions and briefs, then you have waived all your constitutional rights, and the US Constitution does not apply to you and your case, even on appeal.
This is equally true of the TN Constitution, TN Code, TN Rules of Procedure, TN Rules of Evidence and caselaw. Use it or lose it!
This is why so many appeals are "unpublished" by the courts in their caselaw, which means those cases cannot be used as precedent in any other court. In other words, unpublished appellate opinions are admittedly based on illegal "law of the case". An example is Onks v City of Cookville, 1993 WL 398472, Tenn.App., 1993, where 2 lawyers were sued for their 200 unpaid parking tickets. The lawyers "lost" in city court, "lost" in circuit court, "lost" in the court of appeals. But when the lawyer called their bluff and filed their appeal with the TN Supreme Court, Cookville dismissed all 200 parking tickets and removed all parking meters, giving everyone free parking. Seems The Powers That Be Fascists didn't want a statewide legal precedent banning all parking meters, which would stop private contractors from raping the taxslaves of the "govt" parking meter fees. The lawyers made an equal protection argument, that since govt employees like judges get free parking at the courthouse, then everyone must get free parking.
Since the TN Supreme Court cannot be making bad caselaw, the Law Of The Case had to go. So City of Cookville had to voluntarily dismiss its case. Why Cookville ripped up 200 parking meters...you'll have to call attorney Jerry Burgess to hear the rest of the story.
Note that nobody ever has to pay parking tickets for that reason, along with the fact they lack personal service of process, as required by Rule 4 of TN Rules of Civil Procedure.
If there were such a thing as an honest judge, he would always rule sua sponte (without motion from a party) that the constitutions apply in every traffic ticket case, and he would dismiss all traffic tickets for violating the constitutional right to travel. Note that 75% of judges in USA are not licensed lawyers, and anyone over the age of 19 can be a judge in city court in TN.
So why don't YOU campaign for a new job as judge in traffic court, and dismiss all traffic tickets sua aponte?
Rules of Court and Law of the Case
by Dr Frederick Graves, attorney at law
Pro Se Law School
Jurisdictionary.com
Whether you're being sued or suing someone else, you must understand these two simple things - or risk losing!
Winning is really very simple!
Every lawsuit turns on these two (2) simple things:
#1 ... the law of the case and
#2 ... the rules of court (evidence and procedure)
That's all there is to this game we call court!
If you've been duped by amateurs into seeing lawsuits in any other way, or if you're so scared and confused it's all a muddy puddle of mind-boggling complications, rejoice!
Winning is EASY once you see this simple truth!
#1 - THE LAW OF THE CASE
The law of the case is usually very simple!
No matter what kind of case yours is, if you'll trust me for just a moment (and check me on this) you'll find that every lawsuit turns on what we lawyers call "the law of the case". Every last one of them. Every single one!
In case you didn't know, I've been an attorney for 25 years. (Please don't hold that against me.) The last 13 years have been dedicated to help people just like you to pierce the mystery my profession has woven to hide the simple truths and tactics I teach in my affordable, official step-by-step course - to reveal the amazing simplicity my profession doesn't want you to know - just what you need to know to win in court ... with or without a lawyer!)
It IS simple ... as many thousands have learned!
For example, every foreclosure case turns (win or lose) on a very few legal principles that control the outcome of foreclosure - the rights of the lender versus the rights of the borrower. We attorneys call these principles "the law of the case" of foreclosure. It doesn't matter how big the bank or lender is. It doesn't matter how little the borrower is. The law of the case is the law of the case PERIOD!
The law of the case controls the outcome for those who know how to use the rules of court (evidence and procedure) to prove what the law requires.
Automobile negligence, contract disputes, malpractice, slander, false imprisonment ... whatever a case is about, you'll find "the law of the case" is simple and usually easy to find. My course even shows you how to find it!
Think about it this way: One need not know all the laws to win a simple contract dispute. The law of the case in a contract dispute is usually no more than a few appellate court opinions and perhaps a statute or two at most. If you find and can cite the official authorities that state the law of the case of contracts, you're halfway home!
The rest of the business of winning is simply using the rules to (1) allege what the law of the case requires, and to (2) prove what you've alleged ... whether you're the plaintiff bringing the case or the defendant trying to get out of the line of fire!
#2 - THE RULES OF EVIDENCE AND PROCEDURE
Now let's assume you've found the law of the case that fits the facts of your lawsuit - plaintiff or defendant. You have the official citations and made copies of those so the judge doesn't have to look them up. You've printed out the citations that command a victory for you IF you allege and prove what the law of the case requires.
This is where the rules of evidence and procedure come into play ... and these are incredibly easy to learn!
Let's say a plaintiff is coming after you to foreclose on your home. The first thing you do is find the law of the case that will control the outcome in your state. You now know what must be alleged by the plaintiff and proven by the plaintiff in order for the plaintiff to win. You also now know what you must allege in affirmative defenses and what you need to do with discovery and motions to prove the plaintiff cannot meet the burden of the law.
This stuff really is easy once you see the parts and how they all fit together!
You have tremendous power on your side ... once you know how the game is played to win!
In the 13 years since we started Jurisdictionary I've found the most debilitating factor that infects good people with hopelessness is fear that derives solely from lack of knowlege how the game of litigation is played to win! Not knowing creates fear. Knowledge displaces fear with the confidence you need to overcome your opponent!
Take any apparently complicated thing apart to examine its component parts and you can quickly see how they all fit together. When you first begin, it seems impossible.
But!
If someone shows you how each separate part works with each of the other parts, even the most complicated things are suddenly easy-to-understand. The mystery my profession has woven disappears!
#1 - All lawsuits turn on the law of the case.
#2 - All lawsuits are won (or lost) by clever (or clumsy) use of the rules of court to prove the law and facts.
That's all there is to lawsuits - every one of them!
Every one of you has great legal power!
Sadly, many good people never discover the power that is theirs ... so people who know how to use the rules of court and the law of the case take advantage of them!
Jurisdictionary wants to turn the tables on crooked lawyers and biased judges and protect the "little guys and gals" that are being taken advantage of simply because no one has ever come out with a course like this. No one has ever cared enough to tell you the truth. No one has ever made it this easy-to-understand!
It is easy-to-understand how to win in court once you see things the way I teach them!
Once you find the law of the case (usually no more than two or three statutes and a half-dozen controlling case opinions from appellate courts) you know what must be alleged in the pleadings and what must be proved using discovery and motions and memoranda!
1. The law of the case tells what must be alleged and proved, i.e., the law and the controlling facts.
2. The rules of court tell us how to allege and prove the law and the controlling facts.
There's nothing more to it than that.
THIS IS HOW WINNERS WIN ... HONEST!
Lawyers may drag out a case (so they can make more money billing for their time), and many insist on going to trial (which costs even more money).
But, if you hold the winning cards (i.e., if the law of the case and the facts favor your cause) you can win before trial!
Click this link to watch a FREE VIDEO.
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