COURT OF
APPEAL, SECOND CIRCUIT
STATE OF
LOUISIANA
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| MALINDA NICOLE DiROSA |
) Case Number |
| AND |
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| MICHAEL E. DiROSA |
) |
| |
) |
| APPELLANTS |
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) EMERGENCY APPEAL TO THE |
| V. |
) COURT OF APPEAL, SECOND CIRCUIT, |
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) STATE OF LOUISIANA FOR JUDICIAL |
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) PROCESS AND SUMMARY JUDGMENT |
| FORD E. STINSON, Jr |
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| DISTRICT JUDGE |
) |
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) |
| APPELLEE |
) |
Cases
Numbered 172,621; 172,622; 172,623
on the Docket
of the
TWENTY-SIXTH
JUDICIAL DISTRICT COURT
State of
Louisiana, Parish of Bossier
Ford
E. Stinson, Jr presiding
EMERGENCY
APPEAL TO THE
COURT OF
APPEAL, SECOND CIRCUIT,
STATE OF
LOUISIANA
Comes
now into court Malinda Nicole DiRosa and Michael E. DiRosa,
Sovereigns, a self-evident truth as declared in the Declaration of
Independence the foundation upon which our more perfect union was
built, hereinafter referred to as Sovereigns, to demand judicial
process and to demand summary judgment on the following positive,
irrefutable and uncontested facts.
A
band of treasonous conspirators overthrew the Congress of the
United States and, at that moment, it ceased to be a valid
government.
This band of treasonous conspirators, illegally in
control of the Congress of the United States, did then illegally
invade the State of Louisiana and nine other States and enslave
the populations of these States. Not only did they enslave the
then existing populations of these States, but they also enslaved
all persons born or living there in perpetuity.
This band of treasonous conspirators, illegally in
control of the Congress of the United States, did then install
occupational governments, complete with armies, in Louisiana and
the nine other States to enforce the enslavement of the
population. These occupational governments exist to this day.
All acts of the occupational government of the
conquered State of Louisiana are null and void.
All
acts of the treasonous conspirators illegally in control of the
Congress of the United States are null and void.
There
are no valid charges against any of the Sovereigns.
The
courts of the occupational government have no jurisdiction.
The
issues these Sovereigns bring forth are well known to this court as
this court has avoided them before in the appeals of cases 157,313
and 157,314 on the docket of this very same court and the very same
judge. These issues are also very well known to the First Parish
Court, Parish of Jefferson, State of Louisiana, the Court of appeals,
Fifth Circuit, State of Louisiana and the Supreme Court of the State
of Louisiana, two governors and two attorneys general. The records
of the Supreme Court of the State of Louisiana can be found under
docket numbers 2007-KH-131 and 2007-KH-866. To date, the positive
and irrefutable proof of the position of the Sovereigns goes
uncontested. This is not surprising to the Sovereigns in that there
is no defense possible, it is confessed. Yet, the harassment and
illegal imprisonment of the Sovereigns continues and, it is painfully
clear, that the power to act is being confused with the right to act.
Who
is this entity calling itself the State of Louisiana, who persecutes
us in its own name? Is it the custodians of the common property and
common voice of the Sovereigns of the State of Louisiana, or is it an
occupational government of a state foreign to the State of Louisiana?
Or, is it some other entity, holding company, limited partnership or
unimagined entity pretending to be the lawful government of the
Sovereigns of the State of Louisiana. How hard of a question is
this? By any law of God or man one has a right to know just who has
accused them of infamous crimes, blackened their names and unjustly
imprisoned them. It is required by every law of God and man that the
accuser prove his standing when challenged.
Exactly
what offense do you claim that these Sovereigns have done to you?
Is
this entity calling itself the State of Louisiana claiming that they
are the owner of the vehicle by virtue of a federal admiralty lien
created by Article VII Section 5 of the Louisiana State Constitution?
Are they also claiming that, as owners of all vehicles, they have
made certain rules regarding the use of their vehicles and that these
Sovereigns have broken some of their rules and hence trespassed on
their property? Or, are they claiming some other offense? To date,
no one will say. How hard of a question is this? By any law of God
or man one has a right to know exactly what offense it is claimed
they have committed and by what right the accuser can claim this as
an offense. It is required by every law of God and man that the
accuser prove his cause of action and right of action.
Into
what jurisdiction have you forced these Sovereigns by the gun barrel
of government? Is this a federal admiralty court enforcing a claim
of trespass by the holder of an admiralty lien? Or, is this some
other jurisdiction, administrative procedure or other unimagined
tribunal? Again, how hard of a question is this? In a land of
multiple Citizenships and multiple court systems is it unreasonable
to ask in which jurisdiction have you brought Sovereigns at gun
point?
If
this is a federal admiralty court enforcing a claim of trespass by
the holder of an admiralty lien, is the lien valid? The Sovereigns
have shown by positive, irrefutable and uncontested evidence that the
lien is unconstitutional and invalid. Is this too difficult a
question for a gaggle of doctors of law? Does Article VII Section 5
of the Louisiana State Constitution steal, without due process and
compensation, all motor vehicles, including bicycles and ridden
animals, by an illegal bill of credit issued by the occupational
government of the conquered and enslaved Sovereigns of the State of
Louisiana pretending to be the legitimate government by right of
conquest? Either the Article is valid or it is not valid. How many
doctors of law does it take to answer this question?
If
this is a federal admiralty court, as the flags do proclaim, why is
the judge claiming jurisdiction under Louisiana procedure? Again,
in what jurisdiction do we stand? Is it a secret?
If
the 26th Judicial district court is a valid Louisiana
State court, why is the appeal to a court created by congress in the
judiciary act of 1891? By what rule would we change jurisdictions?
By what rule would an appeal of a decision by a valid State court
become federal jurisdiction on appeal? Were this a valid State court
the appeal would be to the Supreme Court of the State of Louisiana.
No, there can be no doubt. The 26th Judicial district
court is a federal admiralty court enforcing an invalid federal
admiralty lien. Doesn't the judge know? Doesn't any judge know,
for, to date, no judge will say.
The
judge did say that Malinda Nicole DiRosa is charged with driving
under the influence, 1st offense. Is he not aware that
this is a rule of the entity claiming to be the owner of the vehicle?
Louisiana
Revised Statute 32:25 does plainly confess to this fact.
"Nothing
in this Chapter shall be construed to prevent the owner of real
property used by the public for purposes of vehicular travel by
permission of the owner, and not as a matter of right, from
prohibiting such use, or from requiring other or different or
additional conditions than those specified in this Chapter, or
otherwise regulating such use as may seem best to such owner."
La R.S. 32:25
Until
such time as the owner of the vehicle is established, it can not be
determined if the the rules of the owner have been violated?
There
can be no doubt that this entity calling itself the State of
Louisiana does claim ownership of the vehicle by virtue of an
admiralty lien created by Bill of Credit in Article VII Section 5 of
the Louisiana Constitution. Until the validity of this Article is
established, the owner of the vehicle can not be known and until the
owner of the vehicle is established it can not be determined if the
owner's rules have been violated.
How
hard of a question is that for doctors of law? Who owns this
vehicle? These Sovereigns have challenged the validity of the lien
created by Article VII Section 5 of the Louisiana State constitution
with positive, undeniable, incontrovertibly and uncontested proof.
This entity calling itself the State of Louisiana does not own these
vehicles. The Louisiana Supreme Court has, in violation of every law
of God and man, refused to answer this simple question and, as it has
been found, can not answer this question. Now, there is only one
court that can answer this question.
The
26th judicial district court can not determine if Article
VII Section 5 of the Louisiana State constitution is valid. Neither
can the court of appeals, 2nd circuit, state of Louisiana
determine if Article VII Section 5 of the Louisiana State
constitution is valid. The validity of Article VII Section 5 of the
Louisiana State constitution can only be settled in one court, and
that court seems to have "gone missing." Is this why every judge
to date has violated every law of God or man and has even violated
the rules of tyranny of the occupational government? There can be no
doubt. A certified question to a court of competent jurisdiction is
required to determine the validity of Article VII Section 5 of the
Louisiana State constitution. Again, how hard of a question is this
for a gaggle of doctors of law? Do they not understand the English
language?
The
position of these Sovereigns is simple. There can be no doubt that
this entity calling itself the State of Louisiana has the power to
continue to harass and victimize these Sovereigns. The question is
do they have the right? If this entity calling itself the State of
Louisiana believes that it has the right to repeatedly use the gun
barrel of government to force these Sovereigns before these
tribunals, let them prove that they have the right, if they have
nothing to hide. Prove your right to continue or cease the
harassment of these Sovereigns under color of law.
These
Sovereigns have proved by positive, irrefutable and uncontested
evidence that this entity calling itself the State of Louisiana has
no cause of action, right of action nor standing in any court. These
Sovereigns have proved by positive and irrefutable evidence that the
26th judicial district court has no jurisdiction in this
matter.
There
can be no doubt that no law of God nor man is being followed in the
State of Louisiana. Even the laws of the occupational government are
being violated with impunity.
There
can be no doubt that a band of conspirators overthrew the valid
Congress of the United States. There can be no doubt that this band
of conspirators and terrorists, under the guise of the valid Congress
of the United State, did invade Louisiana and nine other southern
States, install occupational governments, and did use these
occupational governments to force a change in our national
Constitution at the point of a bayonet. It is historical fact. It
is even confessed by the Louisiana Bar Association.
There
can be no doubt that the occupational government of the State of
Louisiana is still here. It is confessed in the document claiming to
be the valid constitution of the State of Louisiana. It is illegal
for a Citizen of the State of Louisiana to hold any State wide public
office. It is confessed.
When
that band of conspirators severed the union a second time they ceased
to be the valid Congress of the United States. Evidently, these
conspirators have decided that the correct procedure for evicting 10
States from the Union is to call them "Rebel States" and invade.
Did
these conspirators know what they were doing? Of course they did.
They were creating what the framers of our Declaration of
Independence and original Constitution did most fear. They were
creating a tyranny of our national government. They were stealing
the unalienable rights of all the people of the 10 Southern States,
all of their descendants and all so unfortunate to live or be born
there and reconstructing them into subjects of their jurisdiction.
It
was an act so despicable in its conception, so deplorable in its
execution, and so evil in its continuance as to boggle the mind. It
is a deception so heinous and despicable as to make Hitler's twisting
of words seem like the product of a bumbling amateur. They did not
free the Africans, they made Negroes of us all, subject to their
jurisdiction. However, one must admit that it was far more efficient
than traveling all the way to Africa and clubbing someone to steal
their rights.
This
has put these Sovereigns in the strange position of explaining the
obvious to our enslavers. You have the power to betray your family,
your neighbors and your countrymen, but you do not have the right.
This is tantamount to appearing before one of Hitler's tribunals and
arguing that we are American Jews and you can't do this to us. You
have no jurisdiction.
But,
what else can these Sovereigns do? The occupational government
continues to try to beat us into submission. Every day countless
numbers of our sworn allies, Sovereigns all, are robbed, beaten,
imprisoned, degraded and humiliated by this occupational government
as enslaved subjects on the master's plantation.
However,
this time these petty tyrants will have to continue to try and beat
these Sovereigns into submission with all pretense of right stripped
away. They will have to betray these Sovereigns of the conquered
State of Louisiana into slavery openly and notoriously, in open
court.
One
can not help but wonder why the occupational government continues to
pretend its nonexistence. Surely, when people become aware of your
noble experiment to create a more perfect union under your thumb they
will applaud you for the great society you have built. Sure, you
stole the endowments of their Creator, their life, liberty and
property but look how much better off the people are subjects of your
jurisdiction. Furthermore, everyone can surely see how things are
getting better daily. Surely, We, the People, will realize that you
did this to us for our own good and will reward you appropriately.
After all, look what you've built on deception.
In
any event, the next court of the enslaver of Sovereigns pretends to
require that we perform the useless action of visiting this court
again. These Sovereigns have repeatedly tried to reach the only
court of competent jurisdiction, but it seems to have "gone
missing." These Sovereigns have not yet been able to ascertain
whether the supreme Court of our Constitution is disbanded,
imprisoned or just too embarrassed to show their face. Hence we
invoke the supervisory jurisdiction of this null and void creation of
the conspirators who overthrew the valid Congress of the United
States, illegally invaded the State of Louisiana and subjugated its
Sovereign people, hopefully not into perpetuity as they had intended.
These
Sovereigns remind this fiction calling itself a valid court that it
has no jurisdiction over these Sovereigns, but it does have
jurisdiction over the 26th Judicial District court and the
confessed, in open court, traitor to the Sovereign Citizens of the
State of Louisiana Ford E. Stinson,
Jr. presiding over this mockery of even the rules of the occupational
government. This fiction calling itself a valid court can and these
Sovereigns do demand that this court dismiss all charges against
these Sovereigns with prejudiced certain for lack of jurisdiction of
the courts, and lack of standing, cause of action and right of action
of the entity calling itself the State of Louisiana.
Immediate
summary judgment is appropriate and demanded by these Sovereigns.
The proof is positive, undeniable, unimpeachable and uncontested. In
fact, these arguments have been made for years many times in the
First Parish Court, Parish of Jefferson, State of Louisiana, many
times in the Supreme Court of the State of Louisiana, many times in
the 26th judicial district court and now, again in the
Court of Appeals, Second Circuit, State of Louisiana. Even the Court
of Appeals, Fifth Circuit, State of Louisiana has tried to get in on
the beating of these Sovereigns into submission, absent the
jurisdiction or the right.
It
has been literally years. Yet, to date, the proof supplied by the
Sovereigns has remained positive, undeniable, unimpeachable and
uncontested. Surely all of these parties must now be barred from
making any claim against the positive, undeniable, unimpeachable and
uncontested proof of these Sovereigns.
Your
duty is clear. Even the rules of the occupational government demand
that these vile and malicious charges of infamous crimes be dismissed
immediately and their repetition barred permanently.
However,
this is not enough. There can be no doubt that this entity calling
itself the State of Louisiana is an occupational government of the
conquerors of the State of Louisiana and enslavers of its Sovereigns.
The enslavement must end.
It
has been the intention of these Sovereigns to place this court in a
position where only two options exist. End the enslavement and
persecution of the Sovereigns of the State of Louisiana or commit an
overt act of treason against the Sovereigns of the State of Louisiana
in open court.
If
history can be a guide, it is expected that this court will adopt the
same ludicrous position as they have done so many times before. When
the judge is finished beating on you and violating every law of God
and man then we will decide if he had a right to or not. Let him
finish causing as much damage as he can then we will decide if he had
a right to in the first place.
The
Sovereigns must be freed from this tyranny immediately. The
Declaration of Independence and the Constitution demands it. Any
delay must be and will be construed as not only a confession in open
court to an overt act treason against the Sovereigns of the State of
Louisiana, but the overt act itself.
"TREASON.
The offense of attempting by overt acts to overthrow the government
of the state to which the offender owes allegiance; or of betraying
the state into the hands of a foreign power. Webster. " Black's
Law Dictionary. Pg 1751
"Misprision
of treason. The bare knowledge and concealment of an act of treason
or treasonable plot, that is, without any assent or participation
therein, for if the latter elements be present the party becomes a
principal. 4 Bl. Comm. 120; Pen.Code Cal. §
38" Black's Law Dictionary Pg. 1194
With
this in mind we have prepared example orders for the consideration of
this court.
Ruling
1.
Considering
the positive, undeniable, unimpeachable and uncontested evidence of
the Sovereigns:
It
is hereby ordered that all charges against these Sovereigns, Malinda
Nicole DiRosa and Michael E. DiRosa be dismissed with prejudice
certain for lack of jurisdiction of the courts and lack of cause of
action, right of action and standing of the entity calling itself the
State of Louisiana.
It
is further ordered that all charges, which for a Sovereign would not
be a crime, be dismissed immediately.
It is further ordered that all convictions of charges, which for a
Sovereign would not be a crime, be reversed immediately.
It
is further ordered that all members of the Louisiana Bar Association
be placed under house arrest awaiting trial for Treason against the
Sovereigns of the State of Louisiana.
It
is further ordered that all members of the occupational government be
removed from public office and be placed under house arrest awaiting
trial for Treason against the Sovereigns of the State of Louisiana.
It
is further ordered that the document currently calling itself the
Constitution of the State of Louisiana and all statutes be declared
null and void and the last valid Constitution of the State of
Louisiana and statutes be revived as the current Constitution and
Statutes.
It
is further ordered that all acts, treaties or other contrivances of
the treasonous conspirators who overthrew the valid Congress of the
United States and their treasonous conspirators who have perpetuated
this original act be declared null and void.
It is further ordered that all government offices be vacated, closed
and sealed so that the Sovereigns may better ascertain the extent of
the damage done during their enslavement.
It
is further ordered that this document be forwarded to the highest
court still available in this Union. This document will be forwarded
to:
Name
of Court:
Postal
address of Court:
by
the fastest means available for immediate summary judgment.
Ruling 2.
It
is hereby ordered that the conquered Sovereigns be beaten and/or
imprisoned into submission. We know that we do not have the right,
but we do have the power. We conquered the inhabitants over 140
years ago and shanghaied everyone who has been born or lived there
ever since. Surely you do not expect us to give up this good life.
Besides we have gotten fat and rich by pretending to save these
Negroes from the misery we created for them, for their own good of
course. If I can just destroy a few more lives and steal a little
more money it will be worth it. We have kept this secret this long
there is a good chance that we can contain this outbreak of truth
too.
It
is further ordered that this court and the 26th Judicial
District Court will continue to betray our families, our neighbors
and everyone we can as we diligently work to keep our subjects
enslaved and subject to our jurisdiction.
It
is further ordered that this court go on record as the proud
enslavers of the Sovereign People of Louisiana in this open and
notorious act of treason against the Sovereignty of the Citizens of
the State of Louisiana, in open court.
The
choices are clear. These Sovereigns do also notice this court of
their intention to appeal to the supervisory jurisdiction of your
superiors unless our suggested ruling numbered 1 is not substantially
followed.
These
Sovereigns do also notice this court that we are just doing as the
law requires.
"But when a long train of abuses and usurpations,
pursuing invariably the same Object evinces a design to reduce them
under absolute Despotism, it is their right, it is their duty to
throw off such Government, and to provide new Guards for their future
security." The Unanimous Declaration of the thirteen untied States
of America.
To do
otherwise would be a crime.
"Misprision
of treason. The bare knowledge and concealment of an act of treason
or treasonable plot, that is, without any assent or participation
therein, for if the latter elements be present the party becomes a
principal. 4 Bl. Comm. 120; Pen.Code Cal. §
38" Black's Law Dictionary Pg. 1194
The
Sovereigns do hereby certify that the above is true and correct to
the best of our knowledge and belief this 23rd day of
October, 2009.
I
Michael E. DiRosa do hereby certify that I have signed the name of
Malinda Nicole DiRosa in her stead and with her full permission and
endorsement. If anyone doubts the validity of this act, one only
needs to ask.
| Michael E. DiRosa |
Malinda Nicole DiRosa |
| Sovereign in Proper Person |
Sovereign in Proper Person |
| C/O 318 Lakeshore Pkwy. |
C/O 318 Lakeshore Pkwy. |
| New Orleans, La 70124 |
New Orleans, La 70124 |
| XXX-XXX-XXXX |
XXX-XXX-XXXX |
CERTIFICATE
OF SERVICE
I,
Michael E. DiRosa do hereby certify that I have sent true and correct
copies of this document to the confessed traitor to the Sovereigns of
the State of Louisiana Ford E.
Stinson, Jr and to the silent district attorney by placing the copies
in the custody of the Postal Authority addressed to:
Clerk
26th judicial district court
P.O.
Box 369
Benton,
La. 71006
I,
Michael E. DiRosa do further certify that I notice these parties
openly and notoriously as traitors of the Sovereigns of the State of
Louisiana and not as an acknowledgment of any right as a lawful
entity. They are only a powerful entity.
This
23rd day of October, 2009
Michael
E. DiRosa
Sovereign
in Proper Person
C/O
318 Lakeshore Pkwy.
New
Orleans, La 70124
XXX-XXX-XXXX
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