Cause No(s). _____________________________

The State of Texas			§           IN THE _________________________ COURT 
					§	   
VS.           		                      	§	 ________________________________________						§	 	
____________________________   	§ 	__________________ COUNTY, TEXAS

Judicial Notice
Pursuant under 201(d) of the Texas and Federal Rules of Evidence
MANDATORY
Public Law 93-595: A Court shall take Judicial Notice if requested by a party and supplied with the necessary information.

BRIEF IN SUPPORT OF ACCUSED’S DEMAND FOR DISMISSAL 
AND QUASH ACCUSATION(S)

I, _________________________________, a man without the benefit of counsel, under the rule of necessity, with no implied consent to involuntary servitude, and by special visitation moves this Court for complete dismissal of all charges against _________________________________ pending in the __________________________________________________.

For his grounds he states and shows the following:

1.
The Constitution for the United States of America, of which this Court and its Officers swore an Official Oath to uphold, in Article III, Section II, Clause I, enumerates only three (3) judicial jurisdictions: 1. Common Law 2. Equity 3. Admiralty and Maritime. NOTE: Federal Rules Of Civil Procedure; Rule 9(h) in part: “If the claim is cognizable only in admiralty, or maritime claim for those purposes whether so identified or not.”

2.
There is no evidence of any bona fide affidavit(s) sworn by any injured party to substantiate any of the above accusations and charges against _________________________________. Without a Corpus Delecti, this Court cannot be operating under Rules of the Common Law.

“affidavit is essential, and if the instrument treated by the court and the parties as an affidavit be void, there is no foundation for the proceeding; the whole trial is a nullity…”
Bickley v. State, 243 Ga. 488,489, 255 S.E. 2d p.32

“Criminal proceedings in a court of special or limited jurisdiction must show on their face the facts requested to give the court authority, under the law, to try the case, pronounce sentence, and inflict punishment.”
Scroggins v. State, 55 Ga. 380

“However, in criminal cases,… the affidavit upon which an accusation is based is void, unless the purported affidavit was in fact sworn to and the jurat signed at the time the affidavit was made,… Since in a criminal case the accusation is void, unless the oath is properly administered and this appears from the record, the whole proceeding, under the decision in [Scroggins v. State, 55 Ga. 380 (1875)], is a nullity.”
Dixon v. State, 155 Ga. App. 17, 270 S.E. 2d 192, p.193
Quoting Gilbert v. State, 17 Ga. App. 143, 145, 86
S.E. 415, 416 (1915)

The above cases involve instances where there were affidavits but in some way they became the subject of dispute. In the instant case of The State of Texas v. _________________________________, the Court record reflects no such affidavit(s) at all to substantiate the accusations and charges brought against _________________________________.

Demand is/was made this ___ day of ______________, 200__, for the affidavits in support of the accusations and charges pending in the _________________________________, sworn out by any injured party, injured or damaged in any way by the actions or behavior of _________________________________on the ______ day of ________________, 200__ of the arrest, in support of the accusations and charges pending in the case sub judice in the _________________________________ against _________________________________. There were no affidavits, from any injured party, presented before this Court to substantiate the accusations and charges against _________________________________. As such this Court and its Officers cannot be operating under the Rules of the Common Law and this Court and its Officers, pursuant to the holding in Scroggins v, State, 55 Ga. 380, supra, have no jurisdiction with which to proceed in any way against _________________________________.

In the event that this Court chooses to proceed against _________________________________ in violation of clearly established law, both the State and this Court are given NOTICE of the following:

“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… This sort of deception will not be tolerated and if this is the ‘routine’ it should be corrected immediately.”
U.S. v. Tweel, 550 F.2d 297, 299 (1977)
quoting U.S. vs. Prudden, 424 F2d 1021, 1032 (1970)

“Silence is a species of conduct, and constitutes an implied representation of the existence of the state of facts in question, and the estoppel is accordingly a species of estoppel by misrepresentation. [cite omitted] When silence is of such a character and under such circumstances that it would become a fraud upon the other party to permit the party who has kept silent to deny what his silence has induced the other to believe and act upon, it will operate as an estoppel.
Carmine vs. Brown, 64A. 932 (1906). [Emphasis added.]

3.
There is no evidence of any contract between _________________________________ bearing his bona fide signature, and either the political bodies politic known as the _________________________________ and/or The State of Texas submitted to substantiate the accusations and charges against _________________________________ that would obligate _________________________________ to compelled performance for the benefit of either the political bodies politic known as the _________________________________ and/or The State of Texas. There is no involuntary servitude in the American Republic and Equity jurisdiction does not provide for criminal penalties. Therefore the political bodies politic known as the _________________________________ and/or The State of Texas cannot bring a claim of breach of contract and this Court and its Officers, pursuant to the holding in Scroggins v. State, 55 Ga. 380, supra, have no jurisdiction with which to proceed in any way against _________________________________. This Court and its Officers cannot be operating under the Rules of Equity in the above captioned case.

Since the only other jurisdiction remaining pursuant to the Constitution for the united States of America is admiralty and maritime, this Court and its Officers must be proceeding under the Rules of Admiralty and Maritime.

4.
There is no evidence in the Court record of any affidavit of injured party, any international / maritime contract to which _________________________________ is a party; any evidence of an act or acts of belligerency, contraband or any state of war between _________________________________ and the _________________________________ and/or The State of Texas to substantiate the prize capture of _________________________________ by the Officer, a agent for the corporate _________________________________ on the ____ day of ________________, 200__ of the arrest,  and the charges and accusations brought by the STATE against _________________________________. Since there are none of the above elements of an international contract, belligerency or state of war demonstrated by _________________________________ and such claims supported by the STATE with an affidavit, this Court and its Officers, pursuant to the holding in Scroggins v. State, 55 Ga. 380, supra, have no jurisdiction with which to proceed in any way against _________________________________.

BELLIGERENCY – “In international law, the status of de facto statehood attributed to a body of insurgents, by which their hostilities are legalized. The international status assumed by a state (i.e. nation) which wages war against another state. Quality of being belligerent; status of a belligerent; act or state of waging war; warfare.
Black’s Law Dictionary, 6th Edition, p.155

Therefore since _________________________________ is not subject to or object of TEXAS Administrative regulation, nor has he violated the Common Law, the Officer had no probable cause with which to arrest _________________________________ and/or issue any citations on the ____ day of ______________________, 200__ of the arrest, and pursuant to the exclusionary rule all other charges against _________________________________should be dismissed with prejudice.

	Wherefore, premises considered, the Accused respectfully demands judgment of the Court as follows:

	1.	That the action be dismissed, and

	2.	That Accused recover all costs, together with such other and further relief to which Accused may be justly entitled.

	Prayerfully Submitted,

 
_________________________________

VERIFICATION

STATE OF TEXAS			§
					§
COUNTY OF _____________	§

	On this day, _________________________________ appeared before me, the undersigned notary public, and after I administered an oath to him, upon his oath, he stated that the facts above are his personal knowledge and are true and correct.

_________________________________

SWORN TO and SUBSCRIBED before me by _________________________________ on ________________, 200__.

SEAL						_______________________________________
						      		Notary Public		

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via certified mail, return receipt requested, hand delivery or fax on this ______  day of ________________________, 200__.
______________________________________
______________________________________
______________________________________

_________________________________

INSTRUCTIONS

This is a standard brief that supports a Motion to Quash document that is filled with the brief.
This document is usually filed at least 10 days before the pretrial. This document was first developed about 1999. Be sure to study the document in case the judge asks you questions about it. This document is based on lack of due process on the part of the prosecutor, which does not give the court subject matter jurisdiction, because the primary charging instrument was not completed correctly or was not filed in court at all.

Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put your name in Upper and Lower Caps.
Line 7: Put your name in Upper and Lower Caps.
Line 8: Put the name of the court that you are in.
Line 9: Put your name in Upper and Lower Caps.
Line 10: Put your name in Upper and Lower Caps.
Line 11: Put your name in Upper and Lower Caps.
Line 12: Put the numbered day of the Month that you ask the judge or clerk for a copy of the complaint and information.
Line 13: Put the name of the Month that you ask the judge or clerk for a copy of the complaint and information.
Line 14: Put the last number of the year that you ask the judge or clerk for a copy of the complaint and information – like - 2001 .
Line 15: Put the name of the court that you are in.
Line 16: Put your name in Upper and Lower Caps.
Line 17: Put the numbered day of the Month that you got the ticket.
Line 18: Put the name of the Month that you got the ticket.
Line 19: Put the last number of the year that you got the ticket – like - 2001 .
Line 20: Put the name of the court that you are in.
Line 21: Put your name in Upper and Lower Caps.
Line 22: Put your name in Upper and Lower Caps.
Line 23: Put your name in Upper and Lower Caps.
Line 24: Put your name in Upper and Lower Caps.
Line 25: Put your name in Upper and Lower Caps.
Line 26: Put in “City of (whatever City)” or “County of (Whatever County) that the ticket was wrote. If at Municipal Court put city, if at JP or County Court, put County.
Line 27: Put your name in Upper and Lower Caps.
Line 28: Put your name in Upper and Lower Caps.
Line 29: Put in “City of (whatever City)” or “County of (Whatever County) that the ticket was wrote. If at Municipal Court put city, if at JP or County Court, put County.
Line 30: Put in “City of (whatever City)” or “County of (Whatever County) that the ticket was wrote. If at Municipal Court put city, if at JP or County Court, put County.
Line 31: Put your name in Upper and Lower Caps.
Line 32: Put your name in Upper and Lower Caps.
Line 33: Put your name in Upper and Lower Caps.
Line 34: Put in “City of (whatever City)” or “County of (Whatever County) that the ticket was wrote. If at Municipal Court put city, if at JP or County Court, put County.
Line 35: Put your name in Upper and Lower Caps.
Line 36: Put in “City of (whatever City)” or “County of (Whatever County) that the ticket was wrote. If at Municipal Court put city, if at JP or County Court, put County.
Line 37: Put the numbered day of the Month that you got the ticket.
Line 38: Put the name of the Month that you got the ticket.
Line 39: Put the last number of the year that you got the ticket – like - 2001 .
Line 40: Put your name in Upper and Lower Caps.
Line 41: Put your name in Upper and Lower Caps.
Line 42: Put your name in Upper and Lower Caps.
Line 43: Put your name in Upper and Lower Caps.
Line 44: Put your name in Upper and Lower Caps.
Line 45: Put the numbered day of the Month that you got the ticket.
Line 46: Put the name of the Month that you got the ticket.
Line 47: Put the last number of the year that you got the ticket – like - 2001 .
Line 48: Put your name in Upper and Lower Caps.
Line 49: Sign your name, print your name in Upper and Lower Caps then below that print your address.
Line 50: Put the name of the County where you are getting the document notized.
Line 51: Put your name in Upper and Lower Caps.
Line 52: Sign your name in front of a notary, print your name in Upper and Lower Caps then below that print your address.
Line 53: Put your name in Upper and Lower Caps.
Line 54: Put the numbered day and the name of the month that you sign the document.
Line 55: Put the last number of the year that you sign the document – like - 2001 .
Line 56: Where the notary signs.
Line 57: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.
Line 58: Put the name of the Month that you serve a copy of this document to the prosecutor.
Line 59: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2001 .
Line 60: Put “ Prosecutor for (Whatever Court)
Line 61: Put the street address where the prosecutor will be served.
Line 62: Put the City, State and Zipcode where the Prosecutor will be served.
Line 63: Sign your name, below the line, print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.