Monthly Archives: September 2007

Blackham's Case Continued

Bill Blackham called yesterday to inform me that he had already got the decision from the appellate court. Actually, there was only one judge in this appellate court, which is something I have never heard of. Of course it is probably a violation of a statute and we could possibly put in a motion, and maybe even reverse the decision. Well, that isn’t going to happen, because Mr. Blackham had already won this case, long ago, but he decided to waive his “speedy trial” victory in order to see how they would respond to the jurisdiction issue.
Well this judge, and I use the term very loosely, did the same thing that Mr. Blackham was complaining about. His opinion was basically that they did everything right and they have jurisdiction. Actually, this judge alleged that Mr. Blackham did not show how the court did not have jurisdiction. All the case law in the appeal stated that it was up to the plaintiff (the People of the State) to show jurisdiction, on the record, once it is challenged. Of course after challenging the jurisdiction at every stage and hearing, this judge says Mr. Blackham never challenged jurisdiction. I think I’m getting the picture now… Are you?

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Blackham's Case

On Wednesday, the 19th, I went to an appeals hearing that was supposed to be a video conference, however the video part could not be set up, so it was done by audio.
The appellant, Bill Blackham, was appealing a conviction for a seat belt violation and the appellate court judge had already ruled that Mr. Blackham could not challenge the jurisdiction of the court because he did not previously request a verified complaint pursuant to 853.9 (b) of the California Penal Code.
In order to get to Wednesday’s hearing, Mr. Blackham had to petition the appellate court for a re-hearing, stating that he did, in fact, request a verified complaint under 853.9 (b), three times, and the last time was in the recorder’s transcripts and it reveals the lower court judge telling Mr. Blackham that he doesn’t get a formal complaint under 853.9 (b).
Mr. Blackham’s petition for rehearing was granted, because the other side, the district attorney’s office (appellee), did not oppose his request.

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Authority

Authority is defined as “Permission. Right to exercise powers; to implement and enforce laws; to exact obedience; to command; to judge. Control over; jurisdiction. Often synonymous with power.”
From the definition above, we see that authority is the “right to exercise powers” and “jurisdiction”. We know from the Constitution, the highest law of the land, that there are three powers, and they are separate but equal.
This concept, which makes the United States Constitution the most powerful document of modern times, has created a government that has the three separate powers (kings) as opposed to the usual one. These three powers were vigorously debated over by the framers with the idea of allowing them to be exercised not only by government legislators and executors, but also by the people themselves.

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It's All About Court

The reason why it is so important to understand what a court is, is because the judicial power is exercised in the One Supreme Court! This court is the Article III Court of the U.S. Constitution, and can be called to order at any time by the Chief Justice.
Blacks Law dictionary defines a court as, “The person and suit of the sovereign; the place the sovereign sojourns with his regal retinue, wherever that may be”.
This means that each one of us (the sovereign) has the Power to exercise the court, in fact, wherever we are. This Power (judicial power) is exercised in the court for the protection of a right. The fundamental purpose of government and its creation is to protect the individual’s right to freedom.

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