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allucation, CJS §1573-1576, Corpus Juris Secundum, Federal Rules of Civil Procedure Rule 60, FRCP Rule 60, FRCP Rule 60 (b), instructions for allocution, lack of injured party, no injured party, no verified complaint, non-consent of court sentence, not excepting court sentence, not excepting sentence, refusng court sentence, sample Allocution, Sovereign document, verbal Allocution
(Blog Masters Note: Be sure and read the other two posting on this blog on Allucation.)
Allocution: Oral declaration of rights
and non-consent at sentencing
1. The document below is to be read orally to the court following conviction of a (whatever) and just prior to “sentencing”. The particular allocution below is the work and experience of one man during a “traffic” trial with a “charge” of “no valid registration (plates)”. There are two parts to the allocution: (a) declamation of rights and errors in the trial, etc, along with producing affidavits, information and mitigating facts, and (b) declamation of non-consent to any fines, taxes, prison, etc. Allocution has its origins in the common law. (See Corpus Juris Secundum, Criminal Law, §1573-1576). One must be totally alert to ask for the opportunity to “say something prior to sentencing” before the judge starts his sentencing – interrupt if necessary, but do it. Request a separate sentencing hearing of at least two weeks hence. Give yourself time to write the allocution.
2. Do not give this information in writing to the court or to opposing attorney before-hand as it is only valid when orally presented to the court by the live sentient man/woman and you do not want to forewarn the enemy. The legal fiction is civilly dead and cannot speak.
3. The court needs your consent to impose any sentencing or “punishment” or fines or restrictions of any kind, etc. In almost 100% of the cases the sentient man/woman becomes the surety (or stand in) for the legal fiction “defendant” and takes on the burden of the sentencing pronouncements. It is the legal fiction which is indicted, tried, and convicted. It is the sentient man/woman who takes on the sentence. The court needs the permission (consent) of the sentient man to impose a sentence and gets it through presumption, silence, acquiescence, or outright consent to apply to the “surety”. It is the sentient man/woman who now serves the sentence. The style of the case through conviction for the “defendant” is in all capital letters. The style of the sentenced party is upper and lower case.
4. When finished with the oral allocution, one must turn around and walk out of the court and its jurisdiction immediately. DO NOT HEAR the judge or the prosecutor or anyone else, even if they are screaming at you to “STOP”, or “Come back here!” If one does, then jurisdiction is given back to the court, i.e. you have contracted back in.
5. Allocution, Part One: During the trial you were denied exculpatory evidence such as the court not answering motions, notices, affidavits, allowing witnesses, etc. Keep a list of such omissions, errors, and due process denial during the trial, especially constitutional guarantees.
6. Allocution. Part Two: Read the following statement (i.e. create your own written statement to reflect your specific situation and trial activities). There is no time limit on its reading. Do not give in to interruptions.
FOR THE RECORD YOUR HONOR: I am a Man, living upon the land and speaking as only a Man can. I was created in the image of Yashua under the authority of the redeemer, Jesus Christ with all of My senses intact. I am canceling the conviction and all appearances on My part and now cancel any and all contracts, entered into by Me, knowingly or unknowingly by any methods including but not limited to verbal, by assent. consent, presumption, assumption, deception, threat, duress, coercion, fraud, fiction, fantasy or illusions, or any other method, including words of art, magic, and sophistry, casuistry or out right lying, or by specious acts of fallacious, deceptive, delusive, misleading, apparent, illusive, illusory, ostensible, practice of law.
(a) This proceeding has failed to produce evidence of an injured party.
(b) This proceeding has failed to produce an affidavit of verified complaint, or the existence of a complaining party.
(c) This proceeding has failed to produce an injured party onto the witness stand for testimony.
(d) This proceeding has failed to produce and to state a claim upon which relief can be granted.
(e) This proceeding has failed to produce an honorable ruling, therefore the court could rule only by an undisclosed presumption of an assumed intention, and this may be deemed the practice of witchcraft by a Satanic Cabal.
(f) This proceeding – and this court – has now lost all jurisdiction by it’s denial of due process.
I have not violated Yashua’s law. I have not caused an injury to another living man. This would be a violation of the Royal law of love your neighbor as yourself, or man’s interpretation “Do unto others as you would have them do unto you”. I have not committed a crime, and there is nothing on which to convict Me, thus the conviction is null and void. And, any Bonds affiliated or associated with this case, whether they were issued with the citation in the form of a bid bond, or as an appearance bond, or as a performance bond which have been written as a result of this procedure – and any other bonds written in any way, shape or form whatsoever – I hereby now cancel, terminate, discharge, dismiss, deactivate, eradicate, nullify, quash, rescind, repeal, revoke, abrogate, abolish, and expunge – and I forbid the commercial use of My name and likeness for profit, as all Bonds created, whether on the record or not, are void ab initio as only I, a Man can cause.
I do not accept any offer to, nor do I give consent to, nor will I go to jail, go to prison, pay or discharge any fines, fees, court costs, nor taxes of any kind.
I do not accept nor consent to have My rights blocked or impeded in any way. shape, or form. I do not accept any offer, nor consent to have My body or possessions seized or confiscated or used by anyone or their agent for their own use, or for the benefit of another. I do not accept any offer nor do I consent to probation, parole, pre- or post-trial release, or any other form of supervision imposed for this matter or in association with this matter which may be attempted to be linked with or in causation with this matter, or placed twice in jeopardy for the same pretended crime.
I, this man, [ full name ], reserve all My natural God-given unalienable birth rights, waiving none, ever – as all is conditional upon My receipt of your written statement of claims and proof of claim to the contrary under your bond of office and penalties of perjury.
My public business here is completed, perfected, discharged, accomplished, dismissed, concluded, terminated and, as Jesus Christ our Lord and Savior stated: FINISHED!
7. Immediately turn around and walk out of the court room. DO NOT ACKNOWLEDGE THE JUDGE OR THE OPPOSING ATTORNEY UNDER ANY CIRCUMSTANCES. If the judge asks for a copy of your allocution, do NOT respond. It is on the record and he can get it there. If the bailiff stands in your path on the way out, ask him to arrest the judge for treason (abrogated his oath of office) and move on. Do not hesitate.
8. According to Michael Stone, this procedure is authorized under FRCP Rule 60, 1946 Amendment, Note to Subdivision (b). “Since the rules have been in force, decisions have been rendered that the use of bills of review, coram nobis. or audita querela, to obtain relief from final judgments is still proper, and that various remedies of this kind still exist although they are not mentioned in the rules and the practice is not prescribed in the rules. It is obvious that the rules should be complete in this respect and define the practice with respect to any existing rights or remedies to obtain relief from final judgments.” et seq.
how do i get the forms to show i am a creditor
The government knows you are the creditor.
Denise
and refusal to ACCEPT sentence . . not except sentence (looks like)
“3. The court needs your consent to impose any sentencing or “punishment” or fines or restrictions of any kind, etc.”
If you read this “Allocution” aloud and then attempt to walk out of the courtroom, whether they “need” your consent or not, you will be put in jail for contempt of court. That’s why they have sherrif’s deputies in the courtrooms. As soon as you begin reading this “Allocution”, you will be surrounded, cuffed, and dragged away to jail cell, and then your real troubles will begin. If you should make it out of the courtroom before the deputies apprehend you, there will be a warrant put out for your arrest.
The only way to beat the courts is by playing their own game by challenging jurisdiction, and that begins with the ticket itself. It is NOT the required information nor indictment as outlined in the US Constitution, and pretty much every other State Constitution in the Union. In order to bring criminal (misdeamenor or felony) charges against anyone, it must either be through an indictment by a grand jury or an information (sworn and verified criminal complaint) filed in the courts by a victim under oath or affirmation with a legitimate tort, injury, or loss of property .
In Texas, Article 5 Sec. 12(b) of the Texas Constitution clearly reads that it is only an indictment or information that vests the court with jurisdiction to hear the case. There is absolutely no mention of a complaint serving as a valid charging instrument, and most certainly no mention of a citation serving as a valid complaint or as a substitute for either of these charging instruments. An unsigned and unsworn complaint cannot serve as a valid charging instrument under any circumstances, so Art. 27.14(d) of the Texas Code of Criminal Procedures is unconstitutional on its face because it asserts that the unsigned and/or unsworn citation made by the officer is a valid charging instrument vesting the court with jurisdiction of the cause. Said article is in direct violation of Article 5 Sec. 12(b) of the Texas Constitution and the unalienable due process rights of the defendant. Therefore, Art. 27.14(d) must be declared unconstitutional on those grounds.
This argument is made in the first motion sent by certified mail to the court and prosecuting attorney, and it will be dismissed EVERY time. You won’t even need to show up, they’ll send you a letter recusing you of all charges and fines. IF, by chance, the prosecuting attorney and/or ministerial clerk (aka judge) want to pursue this, they will be acting outside of their oath of office and ministerial duties and subject to treason against the Constitutions of the United States of America and the Republic of Texas, or whatever “State of” that you’re dealing with.
Just a thought
You might be arrested, but they are violating common law in doing so. Which are you under? Common Law or Statute Law? ~ Denise
i presented the unsigned claim they have against me and the Judge straight up told me, its not that time in the case yet (so he won’t have to present it guess) and that he has the signed claim in his files, ignored me and gone into his forced compliance
Your website name and article’s title both contain the word except when I think you mean accept.
https://keystoliberty2.wordpress.com/2012/08/22/allocution-declaration-of-absolute-rights-and-refusal-to-except-sentence/
I have a statute 32.51(c)(3) PC trying to avoid in accepting any jail time. The offer now is two years. Which is them minimum for a second degree. What kind of motions will I need to send in to get this case dismissed?
Hi Oneday at a time, You didn’t tell me what statutes you are being accused of violating. Personally I am no longer a citizen of either the U.S. or the state in which I live, so their statutes do not apply, unless based on common law. I would suggest everyone do the same, get free of the corporate government that is trying hard to enslave us. ~ Denise
Can you tell me how?
Hi Rob, For some people it works fine, it might depend on the charges against you. ~ Denise
Hey, if it is just before sentencing you are already going to jail… what is there to lose?