120 - motion to challenge subject matter jurisdiction - bp

8/9/2019 120 - Motion to Challenge Subject Matter Jurisdiction - BP

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Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

§

VS. § ________________________________________

§ ____________________________ § __________________ COUNTY, TEXAS

Ju!"!a# Not!"e

$u%sua&t u&e% '() of the Texas a& *ee%a# Ru#es of E+!e&"e

AN-ATORY

$u#!" /a0 1234145 A Cou%t sha## ta6e Ju!"!a# Not!"e !f %e7ueste 8 a

9a%t8 a& su99#!e 0!th the &e"essa%8 !&fo%:at!o&.

OTION TO CHA//EN;E

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6. The automobile the Accused was traveling in during the traffic stop is not a vessel as

described in / 3!-!! 4($!

U&!te States Coe T!t#e =

§ >. S9e"!a# :a%!t!:e a& te%%!to%!a# ?u%!s!"t!o& of the U&!te States ef!&eThe term 5special maritime and territorial 1urisdiction of the 3nited -tates5, as used in this title,

includes:

6( The high seas, any other waters within the admiralty and maritime 1urisdiction of the 3nited

-tates and out of the 1urisdiction of any particular -tate, and any vessel belonging in whole or in part to the 3nited -tates or any citi7en thereof, or to any corporation created by or under the laws

of the 3nited -tates, or of any -tate, Territory, District, or possession thereof, when such vessel is

within the admiralty and maritime 1urisdiction of the 3nited -tates and out of the 1urisdiction of

any particular -tate!6($ Any vessel registered, licensed, or enrolled under the laws of the 3nited -tates, and being on a

voyage upon the waters of any of the 8reat 9akes, or any of the waters connecting them, or upon

the -aint 9awrence iver where the same constitutes the International +oundary 9ine!

7. There is no contract between the plaintiff and the accused which gives the plaintiff interest

in the Accused and no evidence of such interest has been admitted into evidence!

8. There is no contract between the plaintiff and the accused which gives the plaintiff interest

in the Accused2s private automobile and no evidence of such interest has been admitted into

evidence!

9. The Accused has been denied the 0ature and ause of the accusations associated with the

above cause!

The constitutional right to be informed of the nature and cause of the accusation entitles thedefendant to insist that the indictment apprise him of the crime charged with such reasonablecertainty that he can make his defense and protect himself after 1udgment against another

prosecution on the same charge! United States v. Cruikshank , *$ 3!-! ;.$, ;.., ;;/ (/4)<

United States v. Simmons, *) 3!-! ')% (/4/< Bartell v. United States, $$4 3!-! .$4 (*'<

Burton v. United States, $%$ 3!-! '.. (*%)!

10. 0o legitimate information has been filed in to evidenced associated with the above cause!

If an offense cannot be accurately and clearly described without an allegation that the accused is

not within an e#ception contained in the statutes, an indictment which does not contain suchallegation is defective! United States v. Cook , /. 3!-! (4 =all! )/, 4. (/4$!

11. Article ;, -ection $(b of the Te#as onstitution states that the court does not have

1urisdiction until the information is filed into court!

Te#as onstitution > Article ;, -ection $(b?@ The presentment of an indictment or information to a court invests the court with 1urisdiction

of the cause!

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12. The prosecution has the burden of proof to show that the court has sub1ect matter

1urisdiction!

5A man must assign a good reason for coming (to the court! If the fact is denied, upon which hegrounds his right to come (into the court, he must prove it! e, therefore, is the actor in the proof,

and, conseBuently, he has &o %!@ht, 0he%e the 9o!&t !s "o&teste, to th%o0 the o&us 9%oa&!

o& the efe&a&t!5 Ca#fields Lessee v. Levy, . 3!-! ''%! EFmphasis addedG

13. The Accused demands this court to take Hudicial 0otice that it does not have sub1ect matter

1urisdiction!

=hen a 1udge knows that he lacks 1urisdiction, or acts in the face of clearly valid statutes

e#pressly depriving him of 1urisdiction, 1udicial immunity is lost! Rankin v. Howard , (*/% )''

&!$d /.., cert! den! Zeller v. Rankin, % -!t! $%$%, .; 3!-! *'*, )/ 9!Fd $d '$)!

A 1udge must be acting within his 1urisdiction as to sub1ect matter and person, to be entitled to

immunity from civil action for his acts! Davis v. Burris, ; Ari7! $$%, 4; !$d )/* (*'/!

=hen a 1udicial officer acts entirely without 1urisdiction or without compliance with 1urisdictionreBuisites he may be held civilly liable for abuse of process even though his act involved a

decision made in good faith, that he had 1urisdiction! Little v. U.S. Fidelity & uaranty Co!, $4

Ciss! ;4), ). -o! $d )*4!

50o 1udicial process, whatever form it may assume, can have any lawful authority outside of the

limits of the 1urisdiction of the court or 1udge by whom it is issued< and an attempt to enforce it

beyond these boundaries is nothing less than lawless violence!5 !bleman v. Booth, $ oward ;%)(/;*!

5=e (1udges have no more right to decline the e#ercise of 1urisdiction which is given, than to

usurp that which is not given! The one or the other would be treason to the onstitution!5 Cohenv. "ir#inia, (/$, ) =heat! $). and U.S. v. $ill , .** 3!-! $%%!

=hereas, the Accused states that this court lacks sub1ect matter 1urisdiction and demands that

this case be dismissed!

espectfully,

_________________________________

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Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

§

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

OR-ER ON OTION TO CHA//EN;E

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CERTI*ICATE O* 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 reBuested, hand delivery or fa# on

this ______ day of ________________________, $%%__!

______________________________________

______________________________________

______________________________________

_________________________________

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INSTRUCTIONS

This document is filed for the purpose to establish reasons and authority that the court does nothave sub1ect matter 1urisdiction! ead it! It may need to be changed for your circumstances!

This document should be filed at least % days before the pretrial! This document is important

for the appeal!

9ine : =here you put the cause numbers of the case!

9ine $: ut either KCunicipal2, KHustice of the eace2 or ounty!9ine ': ut either KIn the ity of (whatever ityL, ?recinct (whatever numberL or ?(whatever

county ourt it is M like M At 9aw N

9ine .: ut your name in 3pper and 9ower aps!

9ine ;: ut whatever county the court is in M like M ?8alvestonL!9ine ): ut your name in 3pper and 9ower aps!

9ine 4: -ign your name, print your name in 3pper and 9ower aps then below that print your

address!

9ine /: =here you put the cause numbers of the case!9ine *: ut either KCunicipal2, KHustice of the eace2 or ounty!

9ine %: ut either KIn the ity of (whatever ityL, ?recinct (whatever numberL or ?(whatever county ourt it is M like M At 9aw N

9ine : ut your name in 3pper and 9ower aps!

9ine $: ut whatever county the court is in M like M ?8alvestonL!9ine ': 9eave for the Hudge to fill out!

9ine .: 9eave for the Hudge to fill out!

9ine ;: 9eave for the Hudge to fill out!

9ine ): 9eave for the Hudge to fill out!9ine 4: 9eave for the Hudge to fill out!

9ine /: 9eave for the Hudge to fill out!

9ine *: 9eave for the Hudge to fill out!9ine $%: 9eave for the Hudge to fill out!

9ine $: 9eave for the Hudge to fill out!

9ine $$: 9eave for the Hudge to fill out!9ine $': 9eave for the Hudge to fill out!

9ine $.: ut the numbered day of the Conth that you serve a copy of this document to the

prosecutor!

9ine $;: ut the name of the Conth that you serve a copy of this document to the prosecutor!9ine $): ut the last number of the year that you serve a copy of this document to the

prosecutor! M like > $%% !

9ine $4: ut ? rosecutor for (=hatever ourt

9ine $/: ut the street address where the prosecutor will be served!

9ine $*: ut the ity, -tate and Oipcode where the rosecutor will be served!

9ine '%: -ign your name, print your name in 3pper and 9ower aps then below that print your

address!

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Jriginal goes to the clerk of the court, one copy to the rosecutor and one copy for you to keep

and have stamped by the clerk! +e sure and 0JT include the instruction sheets!

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120 - motion to challenge subject matter jurisdiction - bp

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