California state Republic

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Clearlake Park, California
I HAVE MOVED MY ACTIVE BLOG TO: https://acityonthehillinstitution.sharepoint.com/sites/StateCitizenship-UnderstandingIt; EMAIL ME AT: s_harris@acityonthehillinstitution.com for invite/username/password Thank you for your interest. Smiley James Harris

Friday, May 7, 2010

Motion to Vacate Federal Conviction

As promised...... This is the Notice of Motion and Motion to Vacate a Federal Criminal Conviction.

[Note - Title 40 United States Code [U.S.C.] section '
255'has been changed to Title 40 U.S.C. section '3112'.
Any practical use of this document
MUST include reference of the change to section '3112'at every reference that is made to section '255'.

Because '
255' was 'repealed' and recodified any reference to '255' is a reference to a repealed code and as such is null and void.

Therefore reference to '
3112' must accompany any mention of '255' because '3112' is the new code.

[Note - '
3112' has no established law (no cases) to support it. It's now considered a POINT to DEBATE and DEFINE.
And that's If someone even tries to use it in Court.

Anyone trying to use it nowadays in Court without reference to '
255' would have a REALLY hard time PROVING the POINT.

Clever, huh?

Whereas '
255' has all the case authority. It's been decided looooong ago that this CODE has a certain meaning pertaining to a certain 'thing' [federal jurisdiction] and what its purpose is.

But it's been '
repealed'!!!! so that you can't use it anymore and make 'legal' sense.

Your arguments on that
POINT are now invalid, unless you reference section '3112'.

Simply because the
CODE that you're referencing has been 'repealed'.

It doesn't matter that both
CODES say 'exactly' the same things, word for word.

What matters is that
NO case authority will be created from now on that references '255'.

The chain of case authority (case law) is now broken unless both references are made.

So you can't use
One Without the Other.

What REALLY happened is that
THEY tried to loose '255' all together.

But it's there in the
CODES under Constitutional Law. So THEY couldn't just leave it out.]

So without further delay......


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