Post by foxfly182329 on May 18, 2007 16:59:06 GMT -5
Arraignment: Ohio and the criminal script
I got through nine questions from the criminal script before the judge would not let me ask any more questions. I asked one more anyways and he was unresponsive and the bailiff escorted me out of the building.
I'm planning on filing a modified version of the Motion to Strike/dismiss for lack of standing. The reason for the modification was I wasn't sure how well sighting the Arizona constitution would fly in Ohio.
My question is, does anybody have a sample Motion to Strike/Dismiss for failure to be responsive to questions about the nature and cause of the charges and proceedings?
Here is more details of how it went down. I started out with the bit about pleading guilty , not a lawyer, don't understand and have some questions.
The judge looked at me and seemed not to know what a meaningful hearing was. Being this was the first time I've been through this I was dumbfounded that he didn't understand the answer. He decided that maybe it was better to deal with me last and asked me to go sit down.
After I sat down a guy said that maybe I should go talk to the prosecutor to get my questions answered. I did get to talk to the prosecutor and was able to establish that the ticket didn't show any loss harm or injury and that this was indeed an adversarial proceeding. I asked if the state of Ohio was the plaintiff and he agreed. I asked if he had evidence of the complaining party and he inferred that was the officer. I shouldn't have, but I did, I corrected him saying that the state of Ohio was the complaining party and the officer was only a witness for the complaining party. He did respond that evidence of the complaining party is available through a discovery request. (or something like this). Somewhere in the exchange, he blurted out, “I don't have time for this.”
I went back to the court for a continuance with this arraignment.
It was at this point that he didn't want to answer any more questions. Somewhere in between these questions they was nice enough to supply a copy of the ordinance I allegedly violated. He then asked me how I plead. I informed him that I could not make a plea until I understood the nature and cause of these charges (I hope I said proceedings too )and I have more questions that needed answered. He wasn't going to answer any more questions and they escorted me out of the courthouse. The helper did hand me a piece of paper with a trial date but I didn't hear the judge inter a plea for me.
Oh, here is an interesting point. It appeared he had two students of some sort watching this arraignment because he let them up behind the judges bench and was asking them something about what they thought about the proceedings before I went through the last little bit. I wonder what they thought about the little show they got of the legal land system in action.
Oh, almost forgot, on the way back from the Prosecutor to the court room, a guy asked me why I don't just pay the fine. I replied that I had other plans and asked him if he didn't think it was strange that the judge didn't know what a meaningful hearing was.
I got through nine questions from the criminal script before the judge would not let me ask any more questions. I asked one more anyways and he was unresponsive and the bailiff escorted me out of the building.
I'm planning on filing a modified version of the Motion to Strike/dismiss for lack of standing. The reason for the modification was I wasn't sure how well sighting the Arizona constitution would fly in Ohio.
1. Plaintiff lacks standing. The foundation for standing is from the bill of rights section 1.01 and 1.02 of the Ohio constitution:
1.01 Inalienable Rights (1851)
“All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.”
1.02 “Government is instituted for their equal protection and benefit...(1851)”
Standing is required because “courts only adjudicate justiciable controversies.” United States v. Interstate Commerce Commission, 337 US 426, 430.
My question is, does anybody have a sample Motion to Strike/Dismiss for failure to be responsive to questions about the nature and cause of the charges and proceedings?
Here is more details of how it went down. I started out with the bit about pleading guilty , not a lawyer, don't understand and have some questions.
Am I entitled to a fair hearing? Yes
Am I entitled to a meaningful hearing?
The judge looked at me and seemed not to know what a meaningful hearing was. Being this was the first time I've been through this I was dumbfounded that he didn't understand the answer. He decided that maybe it was better to deal with me last and asked me to go sit down.
After I sat down a guy said that maybe I should go talk to the prosecutor to get my questions answered. I did get to talk to the prosecutor and was able to establish that the ticket didn't show any loss harm or injury and that this was indeed an adversarial proceeding. I asked if the state of Ohio was the plaintiff and he agreed. I asked if he had evidence of the complaining party and he inferred that was the officer. I shouldn't have, but I did, I corrected him saying that the state of Ohio was the complaining party and the officer was only a witness for the complaining party. He did respond that evidence of the complaining party is available through a discovery request. (or something like this). Somewhere in the exchange, he blurted out, “I don't have time for this.”
I went back to the court for a continuance with this arraignment.
Am I entitled to responsive answers to my questions?Yes.
Would you dismiss this complaint if it didn't contain a valid cause of action?Yes
Do I have basic human rights?Yes
Am I entitled to a meaningful hearing? Yes.
What are the consequences, if any, if you don’t give me a fair and meaningful hearing?
You can appeal it.
Am I entitled to be informed of the nature and cause of the charges and proceedings against me? Yes
Would your orders and judgments be valid if I don’t get a fair hearing? No
Would you seek to enforce your orders and judgments if I don’t get a fair hearing?
Non responsive. Answered essentially I could appeal it.
Would you seek to enforce your orders if there was no evidence of jurisdiction over me? No
What rules, if any, govern the proceedings here?
I know he had said Ohio Rules of civil Procedure and I think he said Ohio Traffic Rules too.
It was at this point that he didn't want to answer any more questions. Somewhere in between these questions they was nice enough to supply a copy of the ordinance I allegedly violated. He then asked me how I plead. I informed him that I could not make a plea until I understood the nature and cause of these charges (I hope I said proceedings too )and I have more questions that needed answered. He wasn't going to answer any more questions and they escorted me out of the courthouse. The helper did hand me a piece of paper with a trial date but I didn't hear the judge inter a plea for me.
Oh, here is an interesting point. It appeared he had two students of some sort watching this arraignment because he let them up behind the judges bench and was asking them something about what they thought about the proceedings before I went through the last little bit. I wonder what they thought about the little show they got of the legal land system in action.
Oh, almost forgot, on the way back from the Prosecutor to the court room, a guy asked me why I don't just pay the fine. I replied that I had other plans and asked him if he didn't think it was strange that the judge didn't know what a meaningful hearing was.
