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?

This judge did mention that he erroneously cited that appellant (Mr. Blackham) did not request a formal complaint under Penal code under 853.9 (b). He failed to address his statement that one cannot challenge jurisdiction if one doesn’t request a formal complaint under 853.9(b). How convenient to forget about that. He simply stated that the Notice to Appear was prepared on a form approved by the Judicial Council and verified by the enforcement officer.
The main thing we are pointing out by proceeding in the manner that we do, is that the judges and lawyers do not have a standard procedure. They make up things as they go and change things at, and for, their own convenience. They have many different responses for the demurrer and explaining the jurisdiction of the court. In other words, there is no justice in the court.
Keeping this in mind, it appears that we must bring the justice in ourselves…if possible. If we cannot do it, then we must stay out. Mr. Blackham mentioned that he has not signed anything except the ticket. He also mentioned that this judge or any other judge, has not signed an order…everything is stamped. This issue will eventually arise whenever a hearing to challenge the judgement is had. The question will be “Where is the order”? The order to pay the fine that is. No one ever orders you to pay! They just say you owe. However if you sign their paperwork at the end of the trial, you will be signing your own order for the sheriff to enforce the judgement…watch what you sign.