RESERVATION OF RIGHTS & DECLARATION OF NON-CONSENT

Transcription

1 JANUARY 15, 2014 Judge Bennet A. Morris Montrose County Court Judge 1200 N. Grand Ave. Montrose, CO Reference: Case NO. #CO432014C Dear Judge Morris; RESERVATION OF RIGHTS & DECLARATION OF NON-CONSENT PURSUANT UCC 1-308/UCC As you have read in my previous filings, Sir, I am able to provide reams of data, and evidence, which is, already, of Public Record in Mesa & Montrose County Courts. This evidence, however, has never been lawfully admitted, received, or reviewed, by Judges Mullins, Henderson, Deister, Schum, Deganhart, or Russell, as these individuals have chosen to adjudicate, not on the truth, the facts, the circumstances, or the material, or exculpatory evidence, but on their outside political, and financial influences, crafted by Mr. Reed, and his associates in the meteorite trade. Mr. Reed s Cartel has expended $Millions in Colorado, alone, to silence my research, and to use & abuse our judicial system to effect their monopolistic, and antitrust activities, and their fictitious & fraudulent prosecution against me. These criminal actions include the 12/27/2013 armed criminal assault upon my wife, my person, and our property, and the issuance of their fictionalized Protection Order they had asked you sign last week. As I ve attested, under Oath, Sir, I have broken no laws, and there can be no crime in executing one s Rights against those who would falsely accuse, arrest, arraign, prosecute, try, convict, and sentence, intimidate, harass, or threaten, an innocent person. I reserve these rights, as listed below, for all time, past, present, and future, and I will execute these rights at my own discretion. I must submit, once again, Sir, that for anyone to assume, that just because Mr. Reed received a favorable outcome from the Mesa County Courts, and these rulings, which were issued by two corrupted judges, and were influenced by the Mesa County District Attorney, and the State Attorney General, does not give Mr. Reed, the two other Petitioners, or Mr. Mitchell, the right, or authority, to cloak themselves as victims of a crime, or describing themselves as the injured party. Court filings, transcripts, court audio/video records, videotapes, written confessions, material & exculpatory evidence, suppressed evidence, redacted evidence, s, etc., show, conclusively, that the opposite is true, and that, Mr. Curry, and his family, are the true

2 victims of the numerous crimes perpetrated against them by Mr. Reed, his brother, Blake, his wife, Linda Sakurai, and Mr. Reed s business associates. Of these Rights, exists my unalienable Right NOT to give my Consent to the will of the Court, as described as the order to make a physical appearance in your Court. You have my written arguments, responses, replies, and pleas, before you, and by all means & measures, I have met the requirements for Making an Appearance. In addition, making a physical appearance, would further place my BE ing, my person, my wife, and my family, in harm s way, and I will not submit to any further abuse, or criminal wrongdoing, from Mr. Reed, or his alleged Attorney, Mr. John S. Mitchell. As you have read, Mr. Reed, and Mr. Mitchell, have, already, committed Criminal Fraud upon this Court, in an attempt to convince this Court, that both Mr. Reed, and Mr. Mitchell, are men of honor, and that the charges levied against me are valid, lawful, and sustainable. The evidence I ve presented, thus far, would indicate, to anyone of common sense, and reason, that the opposite is true. Futhermore; If Mr. Eric Twelker, ESQ., a Colorado BAR Association Member, an Alaskan BAR Association Member, a Meteorite Dealer, and a Private Attorney living in Juneau, AK, can have his motions submitted by Mr. Reed, in his filing Pro Se, in the Case NO. #12CV98, without so much as the required acknowledgement, announcement, or an Entry of Appearance, by Mr. Twelker, I should be granted the same priviledges, and accorded the same courtesies to not make a physical appearance. For Mr. Schum to have granted all of these Forged Pro Se documents and motions, without so much as Mr. Schum offering a hearing on the facts, circumstances, or evidence, before dismissing this case, even after having been advised of their true original construction, Mr. Schum is in criminal violation of his Oath of Office. If the State Attorney General, John Suthers, and his associate, Amy Colony, were allowed to Make an Appearance in Case NO# 12CV86, from Denver, CO, I should be granted the same priviledges, and accorded the same courtesies to not make a physical appearance. For Ms. Deganhart, and Ms. Russell, to have granted all these ed documents and motions submitted by the State Attorney General, without so much as either Deganhart, or Russell, offering a hearing on the change of venue, the facts, circumstances, or the evidence, before this case was dismissed by Russell, even after having been advised that the State Attorney General severely violated their Trust with the People, and that they CANNOT PRACTICE LAW IN THE STATE OF COLORADO, and that, they all criminally violated their Oaths of Office. It needs to be understood, too, Sir, that should Mr. Mitchell choose to continue to represent Mr. Reed, even after being advised of the content of Mr. Reed s character, I will execute my Rights to have Mr. Mitchell indicted as an Accessory of Mr. Reed s, and he will inherit all the charges I currently have against Mr. Reed. I will, also, file separate charges of Treason against Mr. Mitchell for practicing law in direct violation of the Original Thirteenth Amendment of the US Constitution, which still stands, today, in all Constitutional & Common Law Courts!

3 Before I engage this Court with numerous lawful citations, and terms, I would strongly encourage you to be extremely wary of Mr. Reed, and Mr. Mitchell. Neither individual should be trusted under Oath, as both have a long history of deceptive trade practices, and it is my opinion, Sir, that Mr. Reed is a nothing more than a Huckster, Fraudster, and a Con Man, promoting and perpetrating a False Market under the fictitious banner of Science, and that, Mr. Mitchell is nothing more than a predator, not unlike the jackals, hyenas, coyotes, sharks, and reptiles, of the wild. Given my personal encounters with both individuals, I am free to offer these opinions. Mr. Reed, and Mr. Mitchell will, of course, object to my descriptions of them, yet, they would have to prove me wrong, and that is just not going to be possible. For Mr. Reed to have retained Mr. Mitchell for the sole purpose of perpetuating this criminal fraud against me, the People, the State, and the US Constitution, constitutes solicitation of a bribe, and for Mr. Mitchell to have accepted this retainer, constitutes the acceptance of a bribe, pursuant to USC Title #18, Articles #201, #371, #401, #641. Finally, Sir; Both my wife, and I, having personally witnessed your conduct in court, we believe you to be a man of good character, honesty, forthrightnous, calm demeanor, and a man of great integrity. It is our wish, Sir, that you allow yourself the time to explore, in detail, the issues before you, and that you will accept my filings, submissions, responses, and pleas, not as actions of contempt, but rather accept them as the actions of Reserving, Defending, Protecting, and Preserving the Rights, Freedoms, Liberties, and Priviledges, they are meant to be, and to honor the principles and constructs upon which they are supported and founded. I can assure you, as well, Sir, there is an entire nation of patriotic Americans watching as this episode unfolds. I offer you this information, Sir, not only as a form of an advisory for your own personal protection, but as an offer of grace, compassion, understanding, forgiveness, and kindness. RESERVATION OF RIGHTS Reference: Alleged CITATION AND TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT # , under fictitious Case No. #CO432014C , issued by MONTROSE COUNTY COURT JUDGE BENNET A. MORRIS, on behalf of Blaine Reed, Blake Reed, Linda T. Sakurai, and John S. Mitchel, ESQ./LLC; Dear Misters, MORRIS, BLAINE REED, BLAKE REED, MITCHELL, DUNLAP, LONGMORE, SANDERS, and MRS. SAKURAI: I have received a document that purports to be a PROTECTION ORDER, and SUMMONS, and CONTRACT, from the MONTROSE COUNTY COURT, which, according to the Exhibits in the PROTECTION ORDER, are directly correspondent, and connected to, the unlawful, illegal, and unconstitutional, Issuance & Execution of a 12/27/2013 ARREST WARRANT, issued under a fictitous CASE NO. #12M265, by the Mesa County Combined Courts, and that, all documents served contain threats of further actions, acts of physical violence, intended to bring harm to Mr. Curry and his family. Before Mr. Curry issues this second, and third demand, or answers to any other such demand, Mr. Curry submits to you, individually, and collectively, that you have acquiessed and have failed to reply, or respond to any of the allegations, or charges, listed therein. Your acquiessence, and failure to answer in specificity, or particularity, to these charges, has resulted in your Default, wherein, you are admitting and confessing to having committed these crimes against Mr. Curry;

4 AND, THAT; Mr. Curry, as a result of your Default, is entitled to Recourse, and Mr. Curry is to be awarded a Summary Judgment in the amount of $1 Million ($1,000,000.00) per offense, per person, and tort damages of 3X this amount for each offense, and each person, plus legal expenses, and attorney fees at the rate of $ per hour. CRCP 55 DEFAULT When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default. As the sole, lawful, and legally REGISTERED owner, custodian, and trustee of my BE'ing, any and all creations therefrom, and property thereof. I would have complied with the purported PROTECTION ORDER, SUMMONS, and CONTRACT, had I received the requested documents from you, to wit: THE PURPORTED PROTECTION ORDER and SUMMONS, and CONTRACT, ARE REJECTED WITHOUT MERIT, AND WITHOUT DISHONOR AND PURSUANT TO PUBLIC POLICY PURSUANT UCC 3-501, C.R.S , and any and all international equivalents, including USC Titles #18, #26, #42, and 63C Am.Jur.2d. CITATIONS, TERMS & DEFINITIONS U.S Constitution Article 1 Section 10.1 No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. Colo. Const. Art. II, Section 3 (2012) Section 3. Inalienable rights All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness. Limitation may be judicial. It is the solemn responsibility of the judiciary to fashion a remedy for the violation of a right which is truly "inalienable" in the event that no remedy has been provided by legislative enactment. Colo. Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962). Source of natural rights. All men have rights which have their origin as natural rights independent of any express provision of law; constitutional provisions are not the sources of these rights. Colo. Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962).

5 Constitutions recognize natural rights. The constitutions of the state and the nation recognize unenumerated rights of natural endowment. Colo. Anti- Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962) Title 12 limitations Nothing in this part 8 shall be construed to permit a foreign entity to engage in a profession or occupation as described in title 12, C.R.S., for which there is a specific statutory provision applicable to the practice of such profession or occupation by a corporation or professional corporation in this state unless authorized under applicable provisions of title 12, C.R.S., or section , C.R.S. Standing is a jurisdictional prerequisite that requires a named plaintiff to bring suit only to protect a cognizable interest, and a plaintiff has standing if he or she has an injury in fact and that injury is to a legally protected interest. Durdin v. Cheyenne Mountain Bank, 98 P.3d 899 (Colo. App. 2004). Colo. Const. Art. XXIX, Section 6 (2012) Section 6. Penalty Any public officer, member of the general assembly, local government official or government employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state or local jurisdiction for double the amount of the financial equivalent of any benefits obtained by such actions. The manner of recovery and additional penalties may be provided by law. Colo. Const. Art. II, Section 6 (2013) Section 6. EQUALITY OF JUSTICE Courts of justice shall be open to every person, and a speedy remedy afforded for every injury to person, property or character; and right and justice should be administered without sale, denial or delay. (Courts of Injustice have NO power, authority, jurisdiction, or discretion). Colo. Const. Art. II, Section 7 (2013) Section 7. SECURITY OF PERSON AND PROPERTY - SEARCHES - SEIZURES - WARRANTS The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.

6 Colo. Const. Art. II, Section 9 (2013) Section 9. TREASON - ESTATES OF SUICIDES Treason against the state can consist only in levying war against it or in adhering to its enemies, giving them aid and comfort; Colo. Const. Art. II, Section 25 (2013) Section 25. DUE PROCESS OF LAW No person shall be deprived of life, liberty or property, without due process of law. C.R.S (2013) Rights afforded to victims (1) In order to preserve and protect a victim's rights to justice and due process, each victim of a crime shall have the following rights: (a) The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process; Colo. Const. Art. II, Section 28 (2013) Section 28. RIGHTS RESERVED NOT DISPARAGED The enumeration in this constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people. INDIVIDUAL LIBERTY AND RIGHTS ARE INHERENT, and such unenumerated rights are not derived from the constitution, but belong to the individual by natural endowment. Colo. Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962). Every one of the people of the United States owns a residue of individual rights and liberties which have never been, and which are never to be surrendered to the state, but which are still to be recognized, protected and secured from infringement or diminution by any person as well as any department of government. Colo. Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962). GOVERNMENT DERIVES FROM SURRENDER OF INDIVIDUAL RIGHTS. Government exists through the surrender by the individual of a portion of his naturally endowed and inherent rights. Colo. Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962). AS SOVEREIGNTY RESIDES IN INDIVIDUALS. The individual, and not the state, is the source and basis of our social compact and that sovereignty now resides and has always resided in the individual.

7 Colo. Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962). Default Law, a judgment in the plaintiff's favor when the defendant fails to plead or to appear: to fail to fulfill or perform an obligation, engagement, etc. An omission; a failure to do that which is anticipated, expected, or required in a given situation. Default is distinguishable from negligence in that it does not involve carelessness or imprudence with respect to the discharge of a duty or obligation but rather the intentional omission or nonperformance of a duty. Default in contract law implies failure to perform a contractual obligation. Default judgment is one that may be entered against a party such as failure to file an answer to a complaint or failure to file a paper on time. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved. Default 1) n. failure to respond to a complaint served on a party in the time required by law. Failure (usually in phrase `by default` or `in default of`) want, lack, fault, absence, neglect, defect, deficiency, lapse, omission, dereliction. UCC defines how contract law must be in compliance with the rules of the common law providing there is made a knowing reservation of common law rights. "The Code is complimentary to the Common Law, which remains in force, except where displaced by the code. A statute should be construed in harmony with the Common Law, unless there is a clear legislative intent to abrogate the Common Law." (UCC ). UCC Remedy and Recourse Every system of civilized law must have two characteristics: Remedy and Recourse. Remedy is a way to get out from under the law. The Recourse provides that if you have been damaged under the law, you can recover your loss. Remedy The making of a valid Reservation of Rights preserves whatever rights the person then possesses, and prevents the loss of such rights by application of concepts of waiver or estoppel. The Sufficiency of the Reservation: any expression indicating an intention to reserve rights is sufficient, such as without prejudice. (UCC )

8 Without prejudice UCC I reserve my right not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally. UCC seeks to provide the ability to declare inadvertent contractual consequences null and void. In short, the code establishes that, when agreeing to certain performance or contract terms, if such terms result in a loss of rights to which one party is unaware, performance cannot be forced. Recourse Anderson 3rd Edition The Recourse appears in the Uniform Commercial Code at , which says: The Code is complimentary to the Common Law, which remains in force, except where displaced by the code. A statute should be construed in harmony with the Common Law, unless there is a clear legislative intent to abrogate the Common Law. (UCC ) Ie The Code recognizes the Common Law. The Uniform Commercial Code (UCC) is the codification of laws governing commerce in the United States in which matters of selling, borrowing, lending, and other matters of trade are covered. The term UCC refers to Article 1, subsection 308 of the Uniform Commercial Code. Subsection 308 addresses the concept of reservation of rights with regard to performance or acceptance of contract terms. Specifically, this code establishes the protection of rights in a commercial setting where contract terms cause unknowing conflict with or risk to certain rights. Estoppel by Silence; Such estoppel arises where a person is under duty to speak or failure to speak is inconsistence with honest dealings. An agreement inferred from silence rests upon principles of "estoppel". Letres v Washington Co-op Chick Assn, 8 Wash 2d 64, 111 P2d 594 at 596. "Silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading... We cannot condone this shocking behavior by the IRS. Our revenue system is based on the good faith of the taxpayer and the taxpayers should be able to expect the same from the government in its enforcement and collection activities." U.S. v. Tweel, 550 F.2d 297, 299. "Fraud destroys the validity of everything into which it enters," Nudd v. Burrows, 91 US 426; NUDD v. BURROWS, 91 US 426 (1875). "Fraud vitiates the most solemn contracts, documents and even judgments." U.S. v. Throckmorton, 98 US 61

9 NOTICE TO PRINCIPAL IS NOTICE TO AGENT; NOTICE TO AGENT IS NOTICE TO PRINCIPAL; NOTICE TO ACCESSORIES IS NOTICE TO PRINCIPALS; Duly sworn as true and correct, executed on this 15th Day of January, 2013, with all rights reserved without prejudice, UCC 1-308, C.R.S , and, any and all State of... and international equivalents ( UCC ); UCC Steven Duane Curry Dave Wood Road Montrose, Colorado (970) NOTARY SIGNATURE X DATE: / / SEAL