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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11915
Experience:  Licensed Texas General Practice Attorney
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can i beat the united states supreme court on grounds of status

Customer Question

can i beat the united states supreme court on grounds of status and jurisdiction
Submitted: 3 years ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Could you clarify your question? That is, do you currently have a case before a Federal district court, or in the appellate courts? And who are you actually trying to win against? (The US Supreme Court acts more like a referee, in that you're not trying to beat them, but some other side).

Customer :

im in criminal supreme court and i currently have a 6 counts of criminal possesion of a forged instrument in the 4th dgree

ScottyMacEsq :

What would your basis for your appeal be?

Customer :

i dont know

ScottyMacEsq :

The United States Supreme Court is an appellate court. If you were to appeal a conviction, you would have to have some sort of complaint of what happened at the lower levels.

ScottyMacEsq :

What would your complaint be based upon?

Customer :

that i need status of jugde the judge would bot be able to tell me his or her status which proves they have no jurisdiction over me

ScottyMacEsq :

How do you mean "status"?

Customer :

status to uphold the law oath of office

ScottyMacEsq :

Do you mean you want the judge to prove that he/she has actually taken the oath of office?

Customer :

he or she has oath jugde needs prove his or her natonality and state they name for the record my name

Customer :

if im not a member corperate ward state meaning

Customer :

they laws dnt apply to me

Customer :

r u there

ScottyMacEsq :

I'm not exactly sure I understand what you're trying to tell me, but in order to challenge the jurisdiction of a judge, you will need to file a motion to recuse the judge.

ScottyMacEsq :

Basically you would be challenging some aspect that the judge cannot hear the case in an impartial manner.

Customer :

yes

ScottyMacEsq :

Now if you're challenging the jurisdiction of the court (rather than the judge) then you would need to file a motion to dismiss for lack of jurisdiction.

ScottyMacEsq :

A judge does not lack "jurisdiction" but a court may.

Customer :

can jurisdiction be brought up at sentencing

ScottyMacEsq :

A judge might not be authorized to sit as a judge, but the court itself could still have jurisdiction, and this problem could be fixed by simply replacing the judge with another one that can so sit.

ScottyMacEsq :

Yes, as a court has to have jurisdiction to enter such a sentence.

ScottyMacEsq :

If a court does not have jurisdiction in the first place, then the sentence will be null and voi.

ScottyMacEsq :

Sorry, "void".

Customer :

if im not in a coperate ward status and state that im a national new yorker and if im not in pro se status prosecuter cant say nothing to me

Customer :

i will not place my status on the record and will not sccept they contract

Customer :

accept they contract

ScottyMacEsq :

If you're acting pro se (on your own) then the prosecutor can talk to you. But if you're represented by another, either as a represented party under a lawyer or by the corporate guardian, then the prosecutor needs to speak with them.

ScottyMacEsq :

If you won't place your status on the record, they can assume what they will.

ScottyMacEsq :

If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer :

when they ask me my name i ask judge for her name

ScottyMacEsq :

I'll be completely honest with you: a judge has the right to conduct his or her courtroom the way that he or she sees fit. The law is going to presume that they have the right to do so. Unless you can show (by your own investigation into the facts) that they do not have this right, the law is going to assume that they have that right. So when you answer a question with another question, you can literally be held in contempt of court.

ScottyMacEsq :

The judge doesn't have to answer that.

Customer :

pro se if i ask prosecuter for his/her staus judge his/her status and noone can prove they status i automatically question the jurisdiction of the courts correct

ScottyMacEsq :

No. Whether the court has jurisdiction is completely separate from whether the judge and prosecutor can hear the case. Jurisdiction of a court is spelled out in the law. Whether a judge has the authority to hear a case does not implicate the jurisdiction of the court, or whether a prosecutor has the authority to prosecute a case likewise does not affect the jurisdiction of that court to hear the case. So even if you prove that they don't have the authority, if a substitute prosecutor and judge come in that you can't prove don't have that authority, they can hear it if the court's jurisdiction is correct.

Customer :

in other word if i walk into a courtroom and nobody has the status to be i would automaticlly challenge the jurisdiction of the courts and theres nothn more i need to say

ScottyMacEsq :

No, that's not what I am saying. I'm saying that even if you prove that the judge and prosecutor don't have the status (and you're going to need more than to just demand that they tell you), that says nothing about the jurisdiction of the court to hear the case. A substitute judge and/or prosecutor can come in and handle the case from there.

Customer :

but do understand what im trying to do here/

Customer :

/

Customer :

?

Customer :

and can it be done?

ScottyMacEsq :

I see what you're trying to do. You're trying to challenge the authority of a judge and prosecutor to hear your case. Now even if they don't have this authority, it does not mean that the court cannot hear the case (jurisdiction). It only means that these two individuals cannot hear it. Now in terms of challenging authority (rather than some other basis, such as impartiality, conflict of interest, etc...) I have never seen any example of the authority of a judge being successfully challenged.

ScottyMacEsq :

There's no case law that states that you have a right to such information.

ScottyMacEsq :

Only if you can prove that the judge and/or prosecutor does not have the authority (say they're not attorneys in good standing or they were not instituted into their positions properly) can you possibly have a chance of succeeding on such a matter.

ScottyMacEsq :

And assuming that you do, this doesn't even address the substantive issues of your case (the actual crime you're charged with, etc...)

ScottyMacEsq :

If you're convicted by a jury of a crime, you'd have to show some sort of substantive error in order to win on appeal. The authority of a judge or prosecutor to act in those roles would likely be determined to be "harmless" error on appeal, as it did not directly affect the conviction.

Customer :

so am i gonna hang my self?

ScottyMacEsq :

The jury was the one that found you guilty, not the judge.

ScottyMacEsq :

Well, if your entire basis of appeal is to challenge the authority of the judge and prosecutor, then yes. ,

ScottyMacEsq :

You would need to show substantive error in the actual prosecution of your case to get a new trial.

Customer :

wut if i already took the plea and raise this issue at sentencing they gonna hang me but i do it correct can i beat them ?

ScottyMacEsq :

And only if you could show that the court itself did not have jurisdiction over the case could you have the case itself completely dismissed. And to do that, you would have to show that either (a) another court had exclusive jurisdiction over this case, (b) the case has already been tried to completion in a court of similar jurisdiction (i.e. double jeopardy), or (c) there was no crime commited.

ScottyMacEsq :

If you do it correct, you could potentially beat them, but I cannot see any way that you could prove what you needed to. And if you have already taken a plea deal, there's another matter that would go against you. It's called "waiver". The moment that you give in you "waive" your objections to the jurisdiction of the court or the authority of the judge or attorney on the other side.

Customer :

how can i do that i will pay u 5k if u can help me walk threw this

ScottyMacEsq :

You need to bring these up at the beginning and continue to assert them if you want even a chance at winning. And I don't think that you can do this.

ScottyMacEsq :

Unfortunately I cannot represent you in this manner. Such a representation would violate JustAnswer's terms of service (where we're not supposed to take clients from this site0.

ScottyMacEsq :

That being said, you need to contact an attorney in your area that deals with criminal law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

But as I have stated before, I do not think that you have even a small chance of winning this argument.

ScottyMacEsq :

...because of the waiver issue.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it's the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you do click "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer :

if i relieved my lawyer and take back my plea

Customer :

then new court proceedings must take place correct

ScottyMacEsq :

Possibly. First you'd have to ask your lawyer, but in many courts you can't do this once the judge accepts the plea. Sometimes you can up until sentencing, but you'd have to see for sure.

Customer :

if u can assist me in any way or recommend me to a attorney who is a freind of your who can walk me threw it i will do this pro se i just need lagal advise in my arms reach when needed and i will pay up to 10k if u can get me out of this

ScottyMacEsq :

Again, I can't take any cases through this site, and I suggest that you go through www.lawyers.com or www.legalmatch.com to see if you can find any attorneys in your area that can assist you in this matter. You can use that money to get an attorney through these sites.

ScottyMacEsq :

If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

If there is something else that I can help you with, please let me know.

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