Friends of our Constitutions; This is it. Please make comment on this and (footnote #01) with respect to the current utility of our Declaration of Independence and our statutory reliance upon English Common Law (here and here) , Thanks
This “PETITION FOR REDRESS OF FELONY GRIEVANCES PERPETRATED BY OFFICERS OF THE COURT With Draft PRESENTMENTS” and included VFOIA record requests with related conclusive admissions is addressed for timely answer of conclusive felonious default to:
AG Bill Mims, respondent for VFOIA request addressees in the VA Supreme Court and the Chesapeake Circuit Court
district33@senate.virginia.gov mail@oag.state.va.us foiacouncil@leg.state.va.us http://sov.state.va.us/SenatorDB.nsf/d6b46280f207781785256b18005c429d/18847cc9b90adb4a85256aa000719983?OpenDocument
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Hon John Brown, |
Judge Everett Martin, |
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Hon. Bruce H. Kushner , |
Hon. Randall D. Smith ; |
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Hon. Marjorie T. Arrington , |
Hon. Marjorie T. Arrington , |
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Hon. V. Thomas Forehand, Jr., |
Faye W. Mitchell, Clerk fmitchell@courts.state.va.us |
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Sheriff Newhart |
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And ALL the joint and several Justices of the Virginia Supreme Court
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Hon. Leroy Rountree Hassell Sr., Chief Justice, |
Hon. Roscoe B. Stephenson Jr., Senior Justice, |
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Hon. Elizabeth B. Lacy, Senior Justice, |
Hon. Charles S. Russell, Senior Justice, |
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Hon. Harry L. Carrico, Senior Justice, |
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Hon. S. Bernard Goodwyn, Justice, |
Hon. Barbara Milano Keenan, Justice, |
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Hon. Cynthia D. Kinser, Justice |
Hon. Lawrence L. Koontz Jr., Justice |
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Hon. Donald W. Lemons, Justice, |
Hon. LeRoy F. Millette Jr., Justice, |
And Subordinate Officers of the Court:
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Mara Kane |
Kathleen Ortiz |
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And Members of the Virginia Code Commission
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Registrar of Regulations Jane D. Chaffin, , jchaffin@dls.virginia.gov |
Chairman Delegate R. Steven Landes, R-D4, DelSLandes@house.state.va.us |
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Vice Chairman Senator John S. Edwards, D-21, district21@senate.virginia.gov |
Commissioner Senator Ryan T. McDougle R-D4 district04@senate.virginia.gov |
And Independently Responsible Subordinate Officers of the Court
CC:
Friends of Harvey Bryant Reelected November 2009 Phone: (757) 424-0265 Email: vbprosecutor@msn.com http://www.harveybryant.com
Ken Stolle Sheriff Elect 1065 Laskin Rd, Suite 203 Virginia Beach, VA 23454 (757) 486-5700 info@kenstolle.com www.stolleforsheriff.com
Ken Stolle 1065 Laskin Road, Suite 203 Virginia Beach, VA 23451 Phone: (757) 486-5700 Fax: (757) 486-8020 Email*: vasenate08@kenstolle.com Legislative Assistant: Ashley L. Lanteigne
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VBRP Legislative Liaison |
Delegate Barry Knight |
Kenneth T. 'Ken' Cuccinelli II district37@senate.virginia.gov Attorney General Elect KC4AG@cuccinelli.com
10560 Main Street, Suite 218 Fairfax, VA 22030 Phone: (703) 766-0635 Fax: (703) 268-5602 Email*: district37@senate.virginia.gov Legislative Assistant: Mick Bransfield & Bruce Kemp
Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com
Julian Walker, (804) 697-1564, julian.walker@pilotonline.com
http://hamptonroads.com/2008/04/lawmakers-get-brief-shot-filling-judicial-vacancies#comment-607891
openrecords@judicialwatch.org Judicial Watch, Inc. 501 School St, SW Suite 700 Washington, D.C. 20024 1-888-593-8442
CONTENTS:
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PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 1 of 13 |
VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE
NORFOLK AND PORTSMOUTH BELT LINE RAIL ROAD COMPANY, et. al.
v. Pertaining to Case No. CL09-376
RUSSELL P. DAVIS, et. al.
PETITION FOR REDRESS OF FELONY GRIEVANCES PERPETRATED BY OFFICERS OF THE COURT
having Draft PRESENTMENTS as obligated by VA18.2-482 and 18USC4
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This PETITION FOR REDRESS OF FELONY GRIEVANCES” includes PHRASE_#VFOIA_REQUESTS individual VFOIA record requests where each is also a request to ADMIT addressed for timely lawful answer or conclusive felonious default to:
AG Bill Mims, respondent for VFOIA request addressees in the VA Supreme Court and the Chesapeake Circuit Court district33@senate.virginia.gov mail@oag.state.va.us foiacouncil@leg.state.va.us http://sov.state.va.us/SenatorDB.nsf/d6b46280f207781785256b18005c429d/18847cc9b90adb4a85256aa000719983?OpenDocument
And ALL the joint and several Justices of the Virginia Supreme Court :
And Subordinate Officers of the Court:
And Members of the Virginia Code Commission:
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PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 2 of 13 |
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And Independently Responsible Subordinate Officers of the Court:
The PHRASE_#VFOIA_REQUESTS separate VFOIA record requests, each having its own specifically requested timely written reply to each request to ADMIT, where any one VFOIA request addressee’s refusal to make lawful reply to EACH and EVERY request perpetrates one additional count of VA18.2-481(5) felony and possibly a VA18.2-111 felony for each separate VFOIA request subject to VA18.2-481(5) defiance.
This PETITION FOR REDRESS OF FELONY GRIEVANCES” arises from several thousand duly objectioned felonious actions evidenced in CL09-376/CR08-804/CL08-58 where Judge Kushner, Judge Brown and Judge Martin perpetratedVA18.2-111, VA18.2-481(5) and 18USC1513e felony in (§18.2-499) combination with the felonies of Mike Melis, assistant attorney general, the officers of Judge Brown’s court, including the other judges of Chesapeake and the BELT LINE attorneys and officers, and including the felonious actions of the Justices of the Virginia Supreme Court (see initial counterclaim and crossclaim Exhibit A1 and subsequent motions giving VA18.2-482 and 18USC4 obligatory notice). |
00.00) Now comes Russell P. Davis, to make this PETITION FOR REDRESS OF FELONY GRIEVANCES addressed to the three separate branches of government in Virginia and it Sovereign People. First among the addressees is the named court of unmitigated disqualification established by the court’s customary departure from the rule of Virginia’s duly authorized Constitution and Code and into customary and particular trespasses into:
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PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 3 of 13 |
a) VA18.2-111 statutory embezzlement and adulteration of our laws and court records such that the operation and organization of the court’s officers are defined by the Code of Virginia as a “Racketeer Influenced and Corrupt Organization”,
b) VA18.2-481(5) statutory treason class II felony of “resisting the execution of the laws under the color of its authority”, and in the execution of the above felonies
c) §18USC1341. Frauds and swindles and upon taking notice of those felonies
d) §18USC1513e felony retaliations that includes unconstitutionally implementing processes that which are contrary to “§ 19.2-10. Outlawry abolished”,
perpetrated by the court officers using the force of arms whereby the court’s officers are in open insurrection to the Government of Virginia.
This “Petition for Redress of Felony Grievances” demands prompt remedy wherein EVERY officer of Virginia’s Judiciary, the Executive Branch and the Legislature EACH must fulfill their oaths and statutory obligation to support our Constitutions and so promptly suppress said insurrection according to our duly authorized law whereby:
a) Our Governor, By using the force of arms under his command, shall promptly arrest, under charge of VA18.2-481(5) statutory treason, Judge John Brown, Judge Everett Martin, Assistant Attorney General Mike Melis, and ALL the Justices of the Virginia Supreme Court as accessory-before-the-fact principals;
b) Our Governor appoints a pro tempore judge and thereby appoints a special multi-jurisdiction prosecutor (duly and stringently stipulated under oath) and special Grand Jury to give due process of law to those officers of the court subject to arrest for their VA18.2-481(5) statutory treason;
Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 4 of 13 |
c) Our Governor appoints pro tempore judges (and justices) (duly and stringently stipulated under oath) to replace those under arrest, indictment, pending indictment or tainted resignation;
d) Under our Governor’s leadership the Legislature gives all attention and advice due the stringent oaths required of said pro tempore judges (and justices) and make such a stringent oath ordinary and duly embedded in explicit command of our Sovereign People as revealed in our law;
e) Our Governor,
i. recognizing that under the duly authorized law of Virginia all judges, lawyers, sheriffs, police and quasi-judicial officials of state, city and county are officers of the court are under judicial supervision and so
ii. recognizing that under Virginia law said officers are bound by the same standard of conduct as our law applies to judges
a. where notice of the law is deemed by statute and due the responsibility of their office, and where our laws require that ALL and EVERY act of felony be brought to the attention of a grand jury, provided that the criminal intent in that act contrary to our penal codes is established by the preponderance of the evidence so as to constitute probable cause, and
b. where mere Code of Virginia misconduct, not having established criminal intent, is still under obligatory notice with said officers under obligation to seek remedy or remediation and giving notice of said laws without blinking, such that criminal intent might thereby be establish on continuing misconduct,
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Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 5 of 13 |
i. recognizing that it has become customary in the courts of Virginia for the duly authorized law to be feloniously resisted, adulterated, and wrongly used, where practically every officer of the courts of Virginia has failed in their oath and statute bound duty to support our Constitutions. Said officers of the court are deemed by statute to have noticed our laws. The silence of the court’s officers after having witnessed customary felony in the disregard of our true laws is deemed as assent to those crimes according to our statutory reliance on English common Law. By that silence disregard of customary crimes the officers of the court have in the minimum become accessories-after-the-fact in those crimes and are likely guilty under VA18.2-482 and 18USC4. Evidence of the courts’ officers customary silent accent to felony appear at the entrance of all petitioner observed court houses in Virginia as is exemplified by:
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Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 6 of 13 |
where, in this instance, the Code of Virginia 18.2-293.1 on machine guns is used to VA18.2-111 embezzle and VA18.2-481(5) resist the VFOIA - Compliance with the VFOIA would expose to sunshine the VaRICO felonious actions by officers of the court; and therefore our Governor, recognizing that as a professional class of persons ALL officers of the court, perhaps even including our Governor, have, according to the preponderance of the evidence, become criminally culpable in failing to perform their oath-bound and statute-bound duties.
WHEREFORE our Governor will demand that ALL said officers of the courts tender their resignation for said causes, with the date of resignation subject to the Governor’s convenience;
f) Our Governor-Elect will draft and our Legislature institute, a statute augmenting our Constitution’s oath of office and require that oath from all officers and employees of our Commonwealth (and its political subdivisions), wherein those oaths will explicitly make reference to particularly relevant statues (VFOIA, VA18.2-111, VA18.2-481(5), VA1-248) so that
g) Our Governor may use the receipt of that properly sworn robust oath to forgive, pardon and so restore to righteous obedience and good service all those who have timely tendered their resignations therein giving appropriate repentance and proper evidence of new rectitude;
h) Our Governor and legislature declare some appropriate holiday, perhaps the 4th of July, for solemnly receiving and celebrating the oaths of all officers and employees of our Commonwealth and its subdivisions. It might be appropriate to use that day for the annual renewal of that oath and to remember that VA18.2-111 and VA18.2-481(5) applies to the breaking of that oath;
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Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 7 of 13 |
i) Prior to our Governor’s demand, there be a brief opportunity for our Judiciary and its officers to voluntarily tender their resignation to our Governor, giving appropriate repentance and evidence of new rectitude; again with the date of resignation subject to the Governor’s convenience.
j) Our Governor will appoint a duly stipulated and sworn pro tempore judge appointed to give lawful trial on CL09-376 and make what interlocutory and summary judgments that are required according to BELT LINE conclusive admissions by replication and default. If the proposed full “Well-Formed Settlement and Accord” is not reached the matter will be set for jury trial.
k) I ask that our Governor Tim Kaine and Governor-Elect Bob McDonnell volunteer to serve on the board of directors of both the “Virginian’s Sovereignty Legal Defense Fund” and the “Coastal Restoration Institute & Marketing Cooperative”. Those two organizations are to receive a judgment of some forty million dollars
from the BELT LINE. In bylaw and action these corporations will ascribe to the VFOIA as though obligated by statute.
00.01) Upon my witness of many felonies perpetrated by the court’s officers I am duty-bound to obey the requirements of 18USC4 and VA18.2-482 as well as
the “Laws of Nature and of Nature’s God”
where that parental authority, is duly recorded in our nation’s birth certificate made according to the ancient law common to all Englishmen(footnote #01) and consecrated through unanimous acclamation by the duly authorized hands of our People’s sovereign legislative authority.
Said duty is laid on me with greater particularity in:
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Leviticus 19:17 'You shall not hate your fellow countryman in your heart. Rebuke your neighbor frankly so you will not share in his guilt.’ Luke 17:3. ‘If your brother acts wrongly, reprove him; and if he is sorry, forgive him’; which provides the overall strategy behind my endeavor in this action;
With a reward motive laid on me by: Proverbs 28:23 He who rebukes a man will in the end gain more favor than he who has a flattering tongue. Proverbs 9:8 Reprove a wise man, and he will love you. Proverbs 10:10
And cautionary advice is laid on me by: John 3:20 Every one who is doing wicked things hates the light, and does not come unto the light, so that his works may not be detected. Proverbs 9:7 He who reproves a wicked man invites abuse. Ezekiel 3:26 and I will make your tongue stick to the roof of your mouth, that you shall be mute, and shall not be to them a reprover; for they are a rebellious house.
And also a view on what is apt to occur if I am lax in the diligence or quality of my reproof: Proverbs 29:1 He, that being often reproved and hardeneth his neck, shall suddenly be destroyed, and that without remedy. Proverbs 15:32 He who refuses correction despises his own soul- Leviticus 19:17 - Rebuke your neighbor frankly so you will not share in his guilt. |
The Progression of this CL09-376 matter has been controlled in accord with:
Romans 1:28 “And as they liked not to have God in their knowledge, God delivered them up to a reprobate sense, to do those things which are not convenient;”
in that the God has consistently helped me by using the arrogance of the court’ officers to conclusively evidence their customary felonies wherein they make themselves the enemies of all men. In doing so, God has given me advantage in achieving due judgment that I could not have achieved on my own. As will be shown, the officers of the court can only harm themselves in postponing the surrender of their insurrection to the authority of the duly authorized laws.
In that the habitually felonious officers of the courts of Virginia have turned the courts owned by the Sovereign People of Virginia into dark alleys custom-made for muggings perpetrated by under the color of law, and given the advice of Ezekiel 3:26, Russell P. Davis is particular to make his reproof obligated by18USC4 and VA18.2-482 in written
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Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 9 of 13 |
special appearance upon this court of unmitigated disqualification, where disqualification is established by its rebellious habit of operation outside the authority of Virginia and the United States law.
00.02) Said officers of the court have perpetrated a long train of abuses and usurpations, pursuing invariably the same object evidencing a design to reduce the honorable role of the judiciary, particularly in Chesapeake Virginia and in the Supreme Court of Virginia to the role of absolute despotism such that they make moot our duly legislated laws distilling over a thousand years of wisdom discovered by the Sovereign People of Virginia and their English ancestors.
00.03) Upon the witness of said long train of abuses, (were the judiciary and their officers, ALL of whose offices are OWNED by the Sovereign People of Virginia and let out only as an AGENCY to be received in, and bound by oath, trust, and the duly authorized records of law as established by our Sovereign Legislative authority) it is Russell P. Davis’ right and his duty, as established by God and implemented in the Constitution and Statutes of Virginia and the United States to make such enumeration of said felonies by officers of the court as to justify and require our Governor to act in accord with his oath to:
"ARTICLE V Executive Section 7. Executive and administrative powers. The Governor shall take care that the laws be faithfully executed. “ . . .” and shall have power to embody such forces to repel invasion, suppress insurrection, and enforce the execution of the laws."
Our Governor’s oath of office also requires that he act according to:
"ARTICLE VI Judiciary Section 11. Incompatible activities. No justice or judge of a court of record shall, during his continuance in office" . . . " engage in any other incompatible activity" such as felony.
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Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 10 of 13 |
00.04) When the offending justices and judges are so removed from office for felony misconduct they will lose their retirement benefits, their standing in the community, and according to their more than three class II felony convictions lose their freedom even from suspended sentence.
00.05) IF the offending justices, judges and their officers each promptly tender our Governor with their RESIGNATION and take their part in the proposed honorable labors described in the “Well-Formed Settlement and Accord”, perhaps there is a way under our law that the outcome does not have so wastefully an exacting judgment. Even though our statutes require that the offending justices, judges and their officers must eventually must be indicted by a grand jury, it is possible that full pardons be granted for services rendered to the Commonwealth under the “Well-Formed Settlement and Accord” and it is possible that indictments could be lawfully dismissed with prejudice as a result of performance under that “Well-Formed Settlement and Accord”. The ten million dollar judgment due from the BELT LINE in accord with our laws regarding BELT LINE conclusive admissions assigned to the Russell P. Davis’ controlled “Virginian’s Sovereignty Legal Defense Fund, Inc.” shall be able to sustain said labor with appropriate stipend. The offending justices, judges and officers of the court have been offered a very convenient path to their redemption.
00.06) But
the oath bound duty of our constitutional officers and their subordinates is
not a partisan issue, neither is the required replacement of ALL those
justices, judges and subordinate officers who by perpetrating VA18.2-481(5)
have treated their oath as if it were chaff. For that cause I demand that
voluntary resignations be submitted before our new governor takes office, but
the execution of those resignations shall be subject to our Governor’s timing
such that replacements can be established in an orderly fashion.
Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 11 of 13 |
00.07) Should said justices, judges and officers of the court demonstrate intransigent moral turpitude after such reproof there will be little cause for those officers to ask that the “Virginian’s Sovereignty Legal Defense Fund, Inc.” to ease their redemption.
Given the extent of the anticipated labor it would be most inconvenient if the “Virginian’s Sovereignty Legal Defense Fund, Inc.” were to labor in the company of wicked men.
00.08) Those justices and judges who have not previously tendered their resignation and claimed their place within the “Well-Formed Settlement and Accord” and have given evidence of probable cause to believe that they perpetrated said statutory felonies must be arrested on their felony and removed from office while that felony charge is given due process in accord with :
and said felony charge has not been dismissed by anything other than a ‘not guilty’ verdict by a jury hosted by a proper pro tempore judge.
00.09) The use of the state police in the fulfillment of the Governor’s oath is required because the sheriff in Chesapeake gives more than probable cause evidence that he is party to that VaRICO array of VA18.2-111, VA18.2-481(5), Grand Larceny, US Mail/Wire Fraud and 18USC1513e felony retaliation. The Commonwealth Attorney’s office in Chesapeake is also tainted with felony in this matter.
00.10) Given the Code of Virginia established disqualification inherent in Chesapeake courts and in all Judges subordinate to the Justices under pending indictment, a suitably stipulated pro tempore judge and suitably stipulated special prosecutor needs to be
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Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 12 of 13 |
appointed and great care must be taken in oversee the honorable appointment of grand jurors and jurors. Virginia Beach’s Harvey Bryant is suggested a a possible special prosecutor and Gary Amos is suggested as a possible pro tempore judge.
00.11) Our Governor’s performed oath to our Constitution is the most certain, timely and appropriate remedy. Our Governor’s action is the remedy required by our Constitution and Code. The optional JIRC remedy is untimely, insufficient to remedy recent judicial felonies and insufficient to forestall visibly intended additional felonies. A JIRC remedy does not meet the Constitutional requirement that “The Governor shall take care that the laws be faithfully executed”.
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footnote #01 (back) the “Laws of Nature and of Nature’s God” where that parental authority, is duly recorded in our nation’s birth certificate made according to the ancient law common to all Englishmen (footnote #01) ( as written within each Englishman’s heart by their creator, yet, with that law somewhat obscured by personal appetites such that the ancient recourse to jury trial is a reasonable approach to discovering the law that is common to all – achieved by offsetting one person’s particular distortions of appetite with another’s such that the true law may be DISCOVERED by the ruling - NOT CREATED by the ruling. That which is revealed from the combined hearts of the jury is recognized as being the Common Law when the paired chain of duty and chain of right existing between all levels and members of human nature is seen as being restored to balance by the jury’s judgment. And after long testing and recognition of the balance existing in such judgments the discovered law is commonly accepted as being the common law. Injustices that have occurred in judgment left a bad taste or smell that commonly made people not want to remember them often. As the centuries passed in this fashion the people’s expression of the law written in their hearts by God improved so that the Common Law gained a bit of reverent respect and injustices were less frequently justified under the law of the English people. Also in that God was the source of the law, the absolute rights of individual men were known to come from God NOT from civil society that those absolute rights might be taken by any tyrant that was so bold as to conceit that as far as some particular Englishman was concerned that the TYRANTS rule was the law. In as much as such conceits removed – for a time - the balance in the paired chain of duty and chain of right that is anchored in God the Creator, people recognized that such tyranny was a wrong that was not without remedy. Those absolute rights and duties are unalienable. Though by ignorance, fraud and self-deception it may at times appear that those rights and duties have been severed -BUT while a human lives he may always reclaim what is unalienable without limitation; and so long as God lives God may always reclaim what is unalienable without limitation. ) and given unanimous mandate by the duly authorized hands of our People’s sovereign legislative authority. |
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Presentments Pertaining to CL09-376 & PETITION FOR REDRESS OF FELONY GRIEVANCES Exhibit A24a Page 13 of 13 |
00.12) Hereby, invoked by reference is the Exhibit A24c, “ADMISSIONS of Objectioned Felony perpetrated by officers of the court upon Felonious Default on VFOIA Record Request” as set forth fully herein. Exhibit A24c contains VFOIA record requests newly issued to the Virginia Code Commission.
Hereby, invoked by reference is the Exhibit A24g, “NOTICE OF ORDERS Made VOID ab initio by ERRORS of OBJECTIONED FELONY FRAUD and MALFEASANCE by officers of the court & ASSIGNMENT OF ERROR” as set forth fully.
I affirm the forgoing as being true to the best of my knowledge and belief, and affirmed under the full respect due God’s witness of these transactions and under the full respect due our laws on perjury.
May God Save our Commonwealth, our Nation, all our leaders and all our people.
May that be so now, beginning with you and me.
PHRASE_DATE_OF_SERVICE
Russell P. Davis 1521 Quail Point Rd., Virginia Beach, VA 23454 757-651-2234 .
VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE
NORFOLK AND PORTSMOUTH BELT LINE RAIL ROAD COMPANY, et. al.
v. Pertaining to Case No. CL09-376
RUSSELL P. DAVIS, et. al.
NOTICE OF ORDERS Made VOID ab initio by ERRORS of
OBJECTIONED FELONY FRAUD and MALFEASANCE
by officers of the court & ASSIGNMENT OF ERROR
Russell P. Davis
1521 Quail Pt. Rd.
VA Beach, VA 23454 757-651-2234
PHRASE_DATE_OF_SERVICE
Chesapeake Circuit Court JUDGES'
CHAMBERS
307 Albemarle Drive,
Suite 400A Chesapeake, VA 23320
Phone: (757) 382-3050 fax 757-382-3080
Re: CL09-376 Norfolk and Portsmouth Belt Line Railroad v. Russell P. Davis, et.al
Dear Judge John Brown,
Take Judicial Notice of the following:
“§ 8.01-428. “ . . .“This section does not limit the power of the court to entertain at any time an independent action to “ . . .” set aside a judgment or decree for fraud upon the court.”
even if the fraud upon the court is VA18.2-111 felony by the court’s officers including judge and justice.
01.01) It appears that in your every move upon CL09-376 you have scoffed at our laws and all higher power that brought those duly authorized laws into existence. In your every action and default you have volunteered incontrovertible evidence of your hundred or so class II felonies. No one of your standing and education could be so consistent in acting against their own interest unless they gave God cause to make it so in accord with “ Romans 1:28 “And as they liked not to have God in their knowledge, God delivered them up to a reprobate sense, to do those things which are not convenient;” If it is God that wounds you, who may heal? I grieve for you. All my prayers that you be abundantly blessed with grace and all my labors to ease your
Exhibit A24g 2 of 19
redemption appear to be misguided - but perhaps not entirely vain in that at least I was able to obey:
Leviticus 19:17 'You shall not hate your fellow countryman in your heart. Rebuke your neighbor frankly so you will not share in his guilt.’
Luke 17:3. ‘If your brother acts wrongly, reprove him; and if he is sorry, forgive him’
while obeying VA18.2-482 and 18USC4.
01.02) Please order this “NOTICE OF VOID ab initio ORDER FOR ERRORS OF OBJECTIONED FELONY FRAUD AND MALFEASANCE by officers of the court & ASSIGNMENT OF ERROR” to be filed in CL09-376; along with the “PETITION FOR REDRESS OF FELONY GRIEVANCES” with contains the duly served Notice of Appeal and was hand delivered to the clerk on 11/12 and the PETITION FOR REDRESS OF GRIEVANCES filed on 11/04.
01.03) On
11/12 the clerk could not provide me with a copy of Judge Brown’s orders such
that it is apparent that no order was entered on 11/06 which is consistent with
both the absence of due process to docket, notice or praecipe for either
hearing or trial on 11/05 & 06. That Va18.2-111 of Judge Brown
with respect to the date of the VOID ab initio
order’s entry is consistent with Judge Brown’s demonstrated appetite for
partisan ex-parte service as agent of the BELT LINE in consideration of the
BELT LINE’s part in conducting 18USC1513e retaliation for the officers of
the Court in Chesapeake. Note that your order A) addressed a 
upon which I find no record
that never gave due notice of hearing, nor B) was such apparently
filed with your court on 11/4). HOWEVER, C) I recall that such a DRAFT
petition was emailed to the BELT LINE by accident. When a MS Word document’s
address list is open Ctrl-Enter send the email rather than the normal
insert page break. All A), B) and C) evidences Judge Brown’s partisan
criminally unlawful ex parte services to the BELT
Exhibit A24g 3 of 19
LINE in CL09-376. Such felonious judicial behavior is hereby objected to and subject to our statutory requirement for proper presentation to a grand jury for bringing Judge Brown’s indictment on true bill.
01.04) Please note that there is an updated “PRESENTMENT & PETITION FOR REDRESS OF FELONY GRIEVANCES PERPETRATED BY OFFICERS OF THE COURT as obligated by VA18.2-482 and 18USC4” addressed to the three branches of our Commonwealth and its People. Said petition includes those latest objection by reference and includes 42 Requests- to-Admit were each is also four or more VFOIA record requests. Each of the 42 Requests- to-Admit uses two pages or less and in total comprises some 546 individual VFOIA record requests. Upon these conclusively admitted draft presentments of felony, Judge Brown, Judge Martin, and Judge Bruce H. Kushner along the officers of the courts they presided over in hearing CL09-376, CL08-58, CL08-123 and CR08-804, and their superior Justices, are ALL principal parties as accessories-before-the-fact in Mike Melis’s prior US Mail Frauds, This Petition is sent to our Attorney General to answer for you as your attorney.
01.05) Russell P. Davis’ “PETITION FOR REDRESS OF FELONY GRIEVANCES PERPETRATED BY OFFICERS OF THE COURT with Draft PRESENTMENTS as obligated by VA18.2-482 and 18USC4” are herein incorporated by reference as if full set forth herein.
01.06) You are commanded by your Sovereign People to take Statutory Judicial Notice of the following:
“§ 8.01-428. “ . . .“This section does not limit the power of the court to entertain at any time an independent action to “ . . .” set aside a judgment or decree for fraud upon the court.”
even if the fraud upon the court is VA18.2-111 felony by the court’s officers including judge and justice.
Exhibit A24g 4 of 19
and
§ 8.01-380. D A party shall not be allowed to nonsuit a cause of action, without the consent of the adverse party who has filed a counterclaim, cross claim or third-party claim which arises out of the same transaction or occurrence as the claim of the party desiring to nonsuit unless the counterclaim, cross claim or third-party claim can remain pending for independent adjudication by the court.
and
“§ vscr-3:9 Counterclaims. “ . . .“the defendant may file any counterclaim at any time up to 21 days after the entry of the court's order ruling upon all such motions “ ( this such being“ a demurrer, plea, motion to dismiss, or motion for a bill of particulars is filed”)
And Judge Brown’s VOID ab initio orders are NOT final and his assertion to the contrary is a fraud upon the court according to:
§ 8.01-229.K “If a criminal prosecution is commenced and a grand jury indictment is returned or a grand jury indictment is waived after the period within which a civil action arising out of the same set of facts may be brought, a civil action may be brought within one year of the date of the final judgment or order in the trial court, the date of the final disposition of any direct appeal in state court, or the date on which the time for noting an appeal has expired, whichever date occurs last, but no more than ten years after the date of the crime or two years after the cause of action shall have accrued under § 8.01-249, whichever date occurs last. “
and § 8.01-128.C Defendant as plaintiff in counterclaim
“If it appears that the plaintiff was forcibly or unlawfully turned out of possession” . . .” No verdict or judgment rendered under this section shall bar any separate concurrent or future action for any such damages”
And Constitution of Virginia ARTICLE IV Section 14. “No natural person shall have a constitutionally protected property right to bar a cause of action based on intentional tort”
And Constitution of Virginia Article I - Bill of Rights Section 12. Right to petition the government for the redress of grievances
And Constitution of Virginia Article VI Section 5. Rules of practice and procedure. The Supreme Court shall have the authority to make rules governing the course of appeals and the practice and procedures to be used in the courts of the Commonwealth, but such rules shall not be in conflict with the general law as the same shall, from time to time, be established by the General Assembly.
And Our VA1-200 English Common Law from Blackstone Book 1 Chapter 1 : “it is declared, that the pretended power of suspending, or dispensing with laws, or the execution of laws, “ ” without consent of [legislature]parliament, is illegal.”
01.07) Hereby comes Russell P. Davis, to make the above named NOTICE in written special appearance upon this court of unmitigated disqualification. Said court’s operation is outside the authority of Virginia’s Law in personal felony violation of VA18.2-481(5) by the court’s officers, so on this day PHRASE_DATE_OF_SERVICE, Russell P. Davis, moves the Court to enter into evidence these presentments of
Exhibit A24g 5 of 19
accusation, objection, and Notice of conclusive Admissions made according to Virginia’s true duly authorized law applicable to the BELT LINE’s joint (VA8.01-433) combination (§18.2-499) in wrong-doing raised on Counterclaim (VA8.01-233). Upon which Judge Brown’s VOID ab initio dismissal has never been consented to by CL09-376 defendant Russell P. Davis as required by statute and where said Counterclaim and crossclaim (VA8.01-433) was § 8.01-380. D FILED and raised as is Russell P. Davis’ statutory duty under 18USC4 and VA18.2-482 and will continue to be raised until that statutory duty is complete and where Judge Brown’s and Judge Martin’s unlawful orders of injunction, to suppress by threat, Russell P. Davis’ obedience to the law are addition counts of VA and US felony by those judges. The bramble of felony customary in said VaRICO courts cannot be sufficiently and lawfully addressed and dispatched to the fullness of truth under the constraints that Judge Martin and Judge Brown unlawfully command. MOREOVER my right to petition any court in the United States for Redress of its felonies is a Constitutional Right that may not be resisted by said court’s officers without the perpetration of additional VA18.2-481(5) felonies. Therefore, and by authority of § vscr-3:9 CL09-376 counterclaims upon the BELT LINE and upon BELT LINE related felonious §18.2-499 illegal combinations by officers of the court is hereby refreshed, resubmitted by reference and expanded by the 11/12 filed PETITION FOR REDRESS OF GRIEVANCES, and the the included ”PETITION FOR REDRESS OF FELONY GRIEVANCES PERPETRATED BY OFFICERS OF THE COURT With Draft PRESENTMENTS as obligated by VA18.2-482 and 18USC4” and in this “NOTICE OF VOID ab initio ORDER FOR ERRORS OF OBJECTIONED FELONY FRAUD AND MALFEASANCE by officers of the court & ASSIGNMENT OF ERROR perpetrated by the court’s officers in CL09-376” emailed to your attorney.
Exhibit A24g 6 of 19
01.08) Hereby are pled to Judge Brown’s attorney and the BELT LINE attorneys are requests for specific written reply returning either the requested VFOIA record or ADMISSION (conclusively established by explicit grant or default and where each default perpetrates one additional count of VA18.2-481(5) felony by the court’s officers [See Request for VFOIA record or Admission 15), 16) & 20) ] ). These specific requests for reply are made in opposition and objection to the BELT LINE’s unlawful Motion to Dismiss Counterclaim and in support of all other motions and complaints that I have scheduled by written special appearance and upon which Judge Brown has refused to lawfully rule particularly as it relates to the essentially total BELT LINE admission by default and replication such that under Virginia law the extent of BELT LINE culpability and liability is all but executed with the remainder to be pled only being the establishment of joint wrongdoer grounds for indictment as obligated by 18USC4 and VA18.2-481(5). Those felonious joint wrongdoers include Judge John Brown. In this Judge Brown’s rulings are in gross violation of a legion of Virginia and US Laws and upon which CL09-376 is still in continuance according to the Code of Virginia §17.1-122. Matters not determined to stand continued” , § 8.01-380.D, and § vscr-3:9.
01.09) This is particularly true in that Judge Brown’s dismissal of counterclaim ruling is objectioned and void ab initio because his ruling is in VA18.2-481(5) felony violation of VA8.01-233(requiring my consent) [See Request for VFOIA record or Admission 22A), 22B), 22C), 22D) ],
and from Blackstone Book 1 Chapter 1:
“Magna Carta’s confirmatio cartarum9 [confirming charter], whereby the great charter is directed to be allowed as the common law; all judgments contrary to it [ the common law and in VA as modified by act of the legislature] are declared void”]
and
“to none will we sell, to none deny, to none delay either right or justice“”for injury done to him [in his goods, lands, or person], by any other subject, be he
Exhibit A24g 7 of 19
ecclesiastical or temporal without any exception, may take his remedy by the course of the law, and have justice and right for the injury done to him, freely without sale, fully without any denial, and speedily without delay”
and
“the pretended power of suspending, or dispensing with laws, or the execution of laws, “” without consent of parliament, is illegal”
and VA§1-248 . Moreover, Judge Brown’s VOID ab initio rulings upon the Oct.27th, 2009 hearing, having my Written Special Appearance with that appearance by cause of Judge Brown’s operation of the court, not as operating under the Laws of Virginia, but operating in trespass into VA18.2-481(5) felony of statutory treason, are perpetrated in his personal capacity only and are a fraud upon the Sovereign People of Virginia’s Courts and insurrection by force of arms against the authority of the Sovereign People’s Law.
01.10) The Written Special Appearance filings are time stamped by the clerk such that Judge Brown’s order representing Russell P. Davis as making a non-appearance is a §18USC1341. Frauds and swindles that must eventually be presented to a grand jury for Judge Brown’s indictment along with his other felonies and the felonies of his courts officers (BELT LINE attorneys plus) that have been in part raised for judicial notice in the pleadings of CL09-376 [See Request for VFOIA record or Admission 15), 16) & 20)].
01.11) Moreover, if it were in fact true that NO cause among the many presented sufficiently informed the BELT LINE of the nature of the charge, that they could make a lawful defense (mere denial that the BELT LINE does not know is a lawful defense where it not perjury) then there could be NOTHING to dismiss with prejudice as my motion for Bill of Particulars still has not been ruled upon.
01.12) But the overriding facts of the matter are that no BELT LINE defense was made, nor is defense now lawfully possible because by Virginia law BELT LINE’s admissions
Exhibit A24g 8 of 19
are already conclusively established [See Request for VFOIA record or Admission 29), 30), 31), 24), 26), 16), & 20) ] that the BELT LINE is culpable as charged according to the preponderance of the evidence, as is Judge John Brown. It appears highly illegal and 18USC1513e felony for Judge Brown to rule as he did in a matter to which Judge Brown is an on-the-face-of-it joint perpetrator named in the complaint for indictment but not joined therein for civil remedy. [See Request for VFOIA record or Admission 13), 14), 5), 6),& 7) ] A timely written reply specifically addressed to this matter in each of paragraphs 00.14.00) through 00.14.04) is specifically requested.
01.13) The scheduled trial of the CL09-376 matter was set when not lawfully mature for judgment and in VA81.2-485(5) violation of the Chesapeake Court Rules at http://www.cityofchesapeake.net/services/depart/circourt/pdf/Rules_Chesapeake_Circuit_Court.pdf regarding jury trial and docketing via timely served praecipe. Such is one more count each of VA18.2-111 and VA18.2-481(5) felony by the court’s officers.
01.14) For objectioned causes of fraud upon the court by its officers and many other causes traversed here and in prior motions still before the Court, if not Judge Brown. (on hearing by written special appearance yet not timely ruled upon) the court’s officers unconstitutionally place Russell P. Davis outside the protection of the Laws. The conceit of the court’s presiding judge and ALL the court officers having influence on CL09-376 and CR08-804 to render Russell P. Davis civiliter mortuus [legally dead] or banished-from-the-protection-of-our-laws ( see exhibit A8 ) is pure 18USC1513e and VA18.2-481(5) felony by ALL such perpetrators and those who have joined therein in effecting by malfeasance and fraud Judge Martin’s order that effects a criminal violation of “§ 19.2-10. Outlawry abolished” . For these causes setout sufficiently in this and previous pleading I DEMAND that the court strike its criminally erroneous and VOID ab initio scheduling of CL09-376 for Nov. 5&6, 2009 and the criminal conceit to
Exhibit A24g 9 of 19
non-jury trial [See Request for VFOIA record or Admission 23) ], and the same Judge Martin’s orders VOID ab initio on CR08-804 (see Exhibit Y3) and CL09-123 (See Exhibit M of X) [See Request for VFOIA record or Admission 24) ]and Judge Brown’s VOID ab initio orders on CL09-376 with respect to process of §19.2-10. Outlawry upon Russell P. Davis.
01.15) Also, in augmentation of paragraph 01.01 of the “PETITION FOR REDRESS OF FELONY GRIEVANCES PERPETRATED BY OFFICERS OF THE COURT With Draft PRESENTMENTS”, Exhibit A24a), NO praecipe has been served on Russell P. Davis and none is shown within the court’s online record. Immediately following are exhibited images of the Court’s Case Information online database web site, regarding CL09-376, as of November 2, 2009 9:27AM. Again NO Praecipe as required by the local rules of the Court that our Constitution requires be used. For that additional cause the fraudulently constructed feloniously illegal scheduling order purported to be issued in CL09-376 the 11/5 TRIAL NOT BY JURY process must be quashed as it is profoundly and criminally illegal on many counts [See Request for VFOIA record or Admission 1), 14), 15), 16), 17), 23), 24), 25), 26) ] for the court’s officers to perpetrate in VA§18.2-499 combination to §18USC1341. Frauds and swindles and 18USC1513e retaliation to coerce Davis Grain Corporation into a wrongful settlement based upon the court’s evidenced distain for the duly authorized law of Virginia and the due process of law so defined that if employed will find the BELT LINE liable upon the BELT LINE’s conclusive default admissions and will find in those admissions probable cause to indict the BELT LINE attorneys and Judge Brown on many counts of class two felony.
Exhibit A24g 10of 19
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01.16) Moreover I DEMAND that a lawful court strike for error and criminal fraud all that Judge Brown’s VOID ab initio orders fraudulently indicating that I made NO
Exhibit A24g 11 of 19
appearance (where in all pertinent hearings I made Written Special Appearance) such that Judge Brown’s orders perpetrated fraud upon the court in VA18.2-481(5), VA18.2-111, §18USC1341. Frauds and swindles and 18USC1513e retaliation felonies. [See Request for VFOIA record or Admission 1), 14), 15), 16), 17), 20), 23), 24), 25), 26) ]
01.10) Moreover I DEMAND that a lawful court strike for error and criminal fraud all Judge Brown’s VOID ab initio orders upon Russell P. Davis regarding BELT LINE’s Motions to Dismiss and non-suite because the Code of Virginia defines it as unlawful VA18.2-481(5) felonious misconduct for the BELT LINE to even ask Judge Brown for such motion in that it §1-248 contrary to § 8.01-380. D for any Judge to grant such motion in cases where a counterclaim has been FILED such as CL09-376 addressing of BELT LINE’s joint (VA8.01-433) combination (VA§18.2-499) in wrong-doing raised on Counterclaim (VA8.01-233). [See Request for VFOIA record or Admission 21A), 21B), 22A), 22B), 22C), 22D) & 23)]
If the BELT LINE sincerely thought that in alternatively or combined claims the “pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted” then the only lawful pleading upon which such can be granted is by timely “§ 8.01-273. Demurrer” with fully stated particular grounds because a lawful ruling on that motion can only be made upon the grounds of Demurrer pleaded with particularity, NOT upon a general denial. Any counterclaim stated cause of action, not objected to with particularity in timely demurrer, is not among the causes of action lawfully addressable by any ruling on pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted. [See Request for VFOIA record or Admission 32) ]
01.17) MOREOVER, I DEMAND that a lawful court strike for error and criminal fraud all Judge Brown’s VOID ab initio orders regarding BELT LINE’s unlawful Motions to Dismiss (defined withi the bounds of § 8.01-277) and unlawful non-suite (proscribed by the bounds of
Exhibit A24g 12 of 19
§ 8.01-233) because the Code of Virginia does not permit the judge to sua sponte give regard to defects in counterclaim pleading such that he could grant the BELT LINE a Motion to Dismiss in violation of “§ 8.01-275. When action or suit not to abate for want of form” without Judge Brown having perpetrated VA18.2-111 and VA18.2-481(5) felonies openly in the records and public witness of the court by his VOID ab initio orders made contrary to §1-248. [See Request for VFOIA record or Admission 33) ]
01.18) Moreover, any defects or imperfection that exist have been made moot by BELT LINE’s admissions made conclusive according to the Code of Virginia such that ANY attempt by Judge Brown to roll back the clock for partisan benefit to the BELT LINE is additional counts of VA18.2-111 , VA18.2-481(5) and other felony. [See Request for VFOIA record or Admission 1), 15), 16), 17), 24), 25), 26), 29), 30) & 31) ]
01.19) If the BELT LINE had not been so arrogant that they owned the court and Judge Brown’s office, rather than the Sovereign People of Virginia, the BELT LINE might have made a timely filed motion for a § vscr-3:7 Bills of Particulars upon my counterclaim and crossclaim but they did not and now are deeply into conclusive admission upon those counterclaim facts of the matter and law, also raised in raised for timely written reply in motions but defaulted upon, that such BELT LINE motion for a Bill of particulars would be moot regarding BELT LINE claimed liability and specific remedy. A full recitation of the place, date and time of wrongdoing might have been required at one time but such requirement is no longer lawful in Virginia Circuit Court civil trials and those specifications are not material significance to every permissible denial of wrongdoing in that the places, times and dates, by default, are those within the bounds of CL09-376
Exhibit A24g 13 of 19
BELT LINE admissions and most of the Felonies complained of were either perpetrated in the pleadings filed by the BELT LINE, or by Judge Brown, or are shown in evidence of specified by referenced exhibit now under default admission. Moreover conclusive default admission establishes the claimed remedies of BELT LINE dollar liability and specific performance. No further proof is necessary for establishing default judgment ordering those Russell P. Davis requested remedies from the BELT LINE. [See Request for VFOIA record or Admission 1), 15), 16), 17), 24), 25), 26), 29), 30) & 31) ]
01.20) But regarding the criminal culpability of those wrongdoers in joint combinations with the BELT LINE, 18USC4 and VA18.2-482 still obligates Russell P. Davis to continue amending his counterclaim and crossclaim complaint and Russell P. Davis still authorized to do so by “§ vscr-3:9 Counterclaims. “ . . .“the defendant may file any counterclaim at any time up to 21 days after the entry of the court's order ruling upon all such motions” because the court has never made a ruling upon my motions for an (amplified) bill of particulars.
See Memorandum of Law, Exhibit B02-CodeReInsuficientDismiss.doc
01.21) MOREOVER, as of 11/12/2009 the courts online case record had been updated to indicate that a trial of CL09-376 actually took place on 11/05 and 11/06
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Even though no Praecipe had been issued and the matter was not on the Court’s Docket as shown at http://members.cox.net/arkslandinganr/Chesapeake_Circuit_Court_Docket2009-11-05.pdf Such fraud by the officers of the court including the partisan Judge Brown acting ex parte as lawyer for the BELT LINE is criminal without excuse.
Exhibit A24g 14of 19
01.22) Eventually ALL felonies noticed to the courts of Virginia MUST be presented to a Grand Jury for due indictment on true bill. Without a “Well-Formed Settlement and Accord” (as amended and amendable) none of the court officers acting as either principal or accessory in felony can lawfully avoid becoming three-time felony losers short of perpetrating additional felony as either principal or accessory. A timely written reply specifically addressed to this matter is requested. [See Request for VFOIA record or Admission 19A) & 19B) ]
01.23) For said causes of fraud upon the court by the courts’ officers by means of VA§18.2-499 combination in judicial VA18.2-111 and VA18.2-481(5) felony these request for lawful orders to replace inherently fraudulent and VOID ab initio orders is herein timely submitted for judgment under VA§8.01-428. Given that the BELT LINE’s Motion to Dismiss addressed in contradiction, or denial, no particular count of the counterclaim and thus admitted ALL of the allegations by default on reply requested in motion such that their Motion to Dismiss had all the effects of a demurrer and none of the lawful effects givable to a proper Motion to Dismiss. Given that it is unlawful in Virginia civil complaint for BELT LINE to effect a general denial of the issue and unlawful for Judge Brown to ratify that effect to general denial of the issue in his ruling [See Request for VFOIA record or Admission 30), 31) 32) ], I ask Judge Brown to modify his ruling giving as many specific counts where the BELT LINE had not the information needed to make what minimum explicit denial is required under the law of Virginia to avoid default admission. To the best of my understanding Judge Brown will not be able to render even one count or instance of allegation that he might take as specific denial of the issue of lawfully sufficient complaint under admission. Taken as demurrer the BELT LINE motion can still only lawfully receive ruling on the specific instance and count of complaint denied by a so-what-at-law argument of demurrer which presumes to make admission of the facts of the matter, and also make admission to the facts of the law claimed but not specifically addressed in BELT LINE
Exhibit A24g 15 of 19
demurrer. In CL09-376 all the facts under motion were with specific request for specific reply (written and in proper form), where the time was-of-the-essence to the BELT LINE in avoiding conclusive default admission being established by Virginia Law, which substantially had been admitted to by the BELT LINE already by earlier repetition and default. What facts of the matter and the law that remain have remained disputable by the BELT LINE have had, of necessity, their time of reply shortened by the 10/27 hearing prematurely called by the BELT LINE and Judge Brown. There are no disputable facts remaining that could diminish the dollar remedy and declaratory remedy due Russell P. Davis and his assigns by the BELT LINE. Default summary judgment granting all such claimed remedy is a past due option that the Court has in modifying its judgments. Once again I refer the court to the previously pled advise Judge Brown referred me to accidentally: Romans 1:28 “And as they liked not to have God in their knowledge, God delivered them up to a reprobate sense, to do those things which are not convenient;” A timely written reply specifically addressed to this matter is requested.
01.24) Given the VaRICO legion of causes of action claimed upon BELT LINE VA§18.2-499/500, VA8.01-433 and VA8.01-233 liability, with more yet to be claimed as is the obligation of Russell P. Davis under18USC4 and VA18.2-48(5), it seem highly unlikely that all claimed causes of action against the BELT LINE could meet Judge John Brown’s objection other than it notices the felonies of Judge John Brown, of his subordinates, of his peers and of his superiors. But such is the lawful obligation put upon Russell P. Davis by 18USC4 and VA18.2-482. Retaliations upon Russell P. Davis ( or his family or subsistent interests) into dissuade him or disable him in obeying said laws are defined as criminal under those statutes. Such felonious retaliation by the court’s officers has been noticed upon the court and more counts remains to be duly noticed. Moreover, Russell P. Davis is protected by the injunctions of VA law, US law
Exhibit A24g 16 of 19
and VA1-200 invoked English Common Law in “PETITION FOR REDRESS OF FELONY GRIEVANCES PERPETRATED BY OFFICERS OF THE COURT With Draft PRESENTMENTS”, Exhibit A24a, incorporating this motion by reference. Such retaliations as makeable by Judge John Brown are not lawful but instead perpetrate other counts of felony. Seeing how the BELT LINE denied NO particular count in their Motions to Dismiss, ALL original counts to made claimed cause of action for BELT LINE liability and specific remedy are (in any Virginia court not operating in VA18.2-481(5) insurrection against our Constitution’s requirement that the rules of the court be used in court) in conclusive admission (under § vscr-1:4(e) , §vscr-3:11 ) and additionally by default to requested reply in new motion. The full set of originally claimed remedies is also under default admission. Upon those claimed-causes-of-action having claimed remedy in specific summary remedy upon which the BELT LINE may not now lawfully contest there is no non-criminal purpose in the court’s officers making a call for greater specificity of complaint and remedy. A timely written reply specifically addressed to this matter is requested.
01.25) For those causes of fraud upon the court by means of VA§18.2-499combination in judicial VA18.2-111 and VA18.2-481(5) felony, Russell P. Davis, asks that Judge Brown rectify himself by resigning as a judge and offering his services to Russell P. Davis’ proposed
“Virginian’s Sovereignty Legal Defense Fund, Inc.” under stipend for the work proposed in the amended “Well-Formed Settlement and Accord” that will audit, cross-reference and annotate the Constitution and Code-of-Virginia. Given completion of due service under stipend as restitution I would ask that Judge Brown be indicted only so that the burden of his otherwise forever pending felony charges could be removed by dismissal for cause of Settlement and Accord. Given Judge Brown’s declaration of intent it is likely that the BELT and attorneys quickly volunteer to settle in the manner proposed. It is in the new Governor’s interests and duty to see
Exhibit A24g 17 of 19
that Mike Melis takes a guilty plea so that by his fall all the Justices and Chesapeake Judges shall fall with him if they have not followed Judge Brown’s lead in tendering resignation and embracing the “Well-Formed Settlement and Accord”. In this fashion the Virginia Supreme Court can be restocked with judges who will defend our Constitutions rather than usurp the Sovereign People’s legislative authority and also defend Virginians from those federal officials that to commit that same VA18.2-481(5) felony upon Virginians by US Mail/Wire Fraud. Also, the Courts of Chesapeake and Virginia Beach can resupplied with judges who will serve to make such indictments and prosecution as are needed to so defend our Constitutions. There is no statute of limitations, nor res judicata, upon those felonies nor the related intentional tort with civil remedy once the indictments have been made. The path out of condemnation that I propose is both easy for Judge Brown, good for our Commonwealth, is honorable, and allows Judge Brown to recover his life from his trespass into felony. When that task of “Virginian’s Sovereignty Legal Defense Fund, Inc.” is complete, Lawyer John Brown will be in high demand because only ten or twenty people in Virginia will know the law in Virginia as well as he. If it takes two years or so to complete the work Lawyer Brown will still find it to be the most profitable “Well-Formed Settlement and Accord” he has ever seen. Consider the alternatives – they are all high risk and shameful. My offer is very safe, honorable and profitable in
comparison. All that is needed is for Judge John Brown to do whatever is necessary for Judge John Brown to regain a healthy appetite for righteousness. It will be more effective, efficient and dignified for Judge Brown to make his settlement and accord with God before he makes settlement and accord with me. It is not likely to be profitable for Judge Brown to attempt short changing what is necessary for his redemption. While such is not recent custom of VA courts I am inclined to give Judge Brown some appropriate approximation of “benefit of clergy”. I imagine that the BELT LINE and its attorneys will follow Judge Brown’s example, as will Mike Melis, and the Justices. A timely written reply specifically addressed to this matter is
Exhibit A24g 18 of 19
requested.
01.26) The Court is given Judicial Notice that its office, as delegate to administer the Sovereign People’s judicial authority, does not go so far as to give that office the authority to commit VA18.2-481(5) statutory treason against its Sovereign People, nor relieve its officers from civil and criminal liability for perpetrating any such felony, not even under the guise of custom or Virginia Supreme Court Rule. For cause of Judge Brown’s knowingly defiant “resisting of the execution of the laws” ,
(particularly including § 8.01-380. D , § 8.01-128.C, § 8.01-229.K, “§ 8.01-275, VA8.01-433, VA8.01-233, § vscr-3:9, VA§8.01-428, § vscr-1:4(e) , §vscr-3:11, Constitution of Virginia Article I Section 12, Constitution of Virginia Article VI Section 5, § 1-200, §1-248 and Constitution of Virginia Article I Section 6)
“under the color” of the law’s authority, Judge Brown’s orders upon Russell P. Davis in CL09-376 were VA18.2-481(5) statutory treasons perpetrated in Judge Brown’s personal capacity only and as such are VOID ab initio and all attempts to enforce said orders are addition counts of VA18.2-481(5) and 18USC1513e felony by all officers of the court acting to combine in Judge Brown’s felonies.
A timely written reply specifically addressed to every issue in paragraphs 00.00) through 01.38) here newly raised here in this CL09-376 Petition for Redress of Felony Grievances and not under prior conclusive BELT LINE admission in CL09-376 is requested.
01.27) I hereby move the court for lawful judgment on all my motions overlong due and STILL before the court in §17.1-122 continuance. Refreshed motions have already been tendered and lawful judgment granting such is demanded in accord with default admission and the court officers obligation to obey the Virginia Supreme Courts rules and so avoid VA18.2-481(5) felony. Of particular necessity is the repeated motion
Exhibit A24g 19 of 19
asking for a lawful trial fully judged by an impartial jury and presided over by a pro tempore judge.
Hereby, invoked by reference is the Exhibit A24g, “NOTICE OF ORDERS Made VOID ab initio by ERRORS of OBJECTIONED FELONY FRAUD and MALFEASANCE by officers of the court & ASSIGNMENT OF ERROR” as set forth fully.
I affirm the forgoing as being true to the best of my knowledge and belief, and affirmed under the full respect due God’s witness of these transactions and under the full respect due our laws on perjury.
May God Save our Commonwealth, our Nation, all our leaders and all our people.
May that be so now, beginning with you and me.
PHRASE_DATE_OF_SERVICE
Russell P. Davis 1521 Quail Point Rd., Virginia Beach, VA 23454 757-651-2234
Exhibit A24h 1 of 6
VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE
NORFOLK AND PORTSMOUTH BELT LINE RAIL ROAD COMPANY, et. al.
v. Pertaining to Case No. CL09-376
RUSSELL P. DAVIS, et. al.
Objections to Felonies perpetrated by Judge Brown in his VOID ab inito Order upon “Petition for Redress off [sic] Grievences”, written Special Appearance for 10/27 hearing and fraudulent 11/5 hearing with ASSIGNMENT of ERROR thereon
01.28) Judge Brown would not rule upon duly noticed and plead special written appearances for hearing on 10/27 when they could only have lawful ruling against the BELT LINE. Yet when No notice of hearing was given for the hastily constructed “Petition for Redress off [sic] Grievences” judge Brown ex parte ruled on it anyway revealing Judge Brown’s naked partisan behavior acting as both judge attorney for the BELT LINE in additional count of VA18.2-481(5) felony. In this action Judge Brown reveals that he has no excuse for not acting on his disqualification except for VA18.2-481(5) conceit to felony as his right because he is more important than my Commonwealth of Virginia law. In Judge Brown’s VA18.2-111 embezzlement of my part in the duly authorized law Judge Brown VA18.2-481(5) perpetrates a process of § 19.2-10. Outlawry as is fitting to the VA Racketeer Influenced and Corrupt Organization nature of the process of the court he gave the color of law to in CL09-376. That Judge Brown responds to that 11/04 filing but not to 10/27 Written Special Appearance gives notice the Judge Brown lied with respect to his representation that I failed to appear such that his ruling upon the BELT LINE’s inherently unlawful requests cannot be lawful default ruling but are, upon my written protest and objections, Judge Brown’s knowingly and willingly perpetrated class II felonies of VA18.2-481(5) resisting ‘ the execution of the laws under the color of its authority’, VA18.2-111 felony, §18USC1341. Frauds and swindles and 18USC1513e retaliation.
01.29) While Russell P. Davis gave lawful notice of hearing on 10/27 on the Written Special Appearances in 10 Motions (Including a request for bill of particulars) and a notice :
- WSA Reply to BELT LINE Motion to Dismiss Counterclaim including a Manifest of Felonies perpetrated by the BELT LINE in that Motion to be Entered as Additional Counterclaim Complaint Exhbitit A18.02 as advised and obligated by
Exhibit A24h 2 of 6
VA18.2-482, 18USC4 and Ephesians 5:11,12. Also included in the reply is a motion to Dismiss the BELT LINE’s Motion for its perpetration of felony and in that regard invokes WSA MOTION FOR ORDER INITIATING INDICTMENT in filing named Exhibit A17
- WSA NOTICE of § vscr-1:20 unacceptable & unlawful 11/05/2009 proposed TRIAL Date as requested by the Clerk in filing named Exhibit A17
- WSA MOTION TO SET ASIDE Pretrial Scheduling Order of 2009/09/28 plus entry of ADDITIONAL AMENDED COUNTERCLAIM in filing named Exhibit A18.01
- WSA MOTION to ENTER PROPOSED PRETIAL SCHEDULING ORDER in filing named Exhibit A20
- WSA MOTION FOR COURT ORDER OF AMENDED COUNTERCLAIM in filing named Exhibit A18
- WSA MOTION for an Amplified Bill of Particulars in filing named Exhibit A1 invoking filing named Exhibit C3 MOTION FOR BILL OF PARTICULARS part 1 of less than 20 pages & MOTION FOR BILL OF PARTICULARS part 2 of less than 20 pages that has been included for answer in the amended counterclaim against the BELT LINE.
- WSA MOTION FOR ORDER INITIATING INDICTMENT and OFFERED PLEA AGREEMENT as Further Amendment to the “Well Formed Settlement and Accord” in filing named Exhibit A17
- WSA Motion to Admit into Evidence Exhibits referenced in Pleading & under a large degree of BELT LINE conclusive admissions in Written Special Appearance of Russell P. Davis in filing named Exhibit A22
- WSA Refreshed Dispository Motions & WSA Motion to enter this Exhibit A19 into the record of evidence
- WSA MOTION TO MODIFY JUDGMENT for OBJECTIONED Fraud upon the Court with Felony of Court Officers and MOTION TO GIVE § vscr-6:3-3 PROMPT JUDGMENT on the remaining 22 Motions raised for judgment on 9/28 in filing named Exhibit A17
- WSA MOTION to ENTER DUE ORDER DENYING BELT LINE’s Proposed Preliminary Injunction in filing named Exhibit A21
01.30) For
that cause in paragraph 01.28) Judge
Brown’s order denying my Motion for Writ of Error upon Judge Brown’s lie that
there was no evidence presented to suggest an error of fact when such was under
BELT LINE default admission. Judge Brown’s order upon his
lie’s as to error of fact are deemed by the Code of Virginia to be
Exhibit A24h 3 of 6
knowingly and willingly perpetrated class II felony of VA18.2-481(5) resisting ‘ the execution of the laws under the color of its authority’, VA18.2-111 felony and § 18USC1341. Frauds and swindles in the facts subjected to Judge Brown’s fraud were
facts of law and fact of Russell P. Davis’ ‘written special appearance’. Of particular note is that Judge Brown responded by dismissing the 10/27 presented by Written Special Appearance Additional Counterclaim addressing my objections to Judge Brown’s felonies in combination with the BELT LINE and therefore a BELT LINE liability. Judge Brown responds to my special written appearance when he thinks it serves him but calls it ‘No appearance’. In this inconsistency of Judge Brown’s written witness Judge Brown reveals the perjury inherent in his VA18.2-111 statutory embezzlement of the verbatim cord records and duly authorized law as conclusively admitted upon specifically request for written reply. In these actions Judge Brown has his condemns himself according to the penal codes of Virginia and the United States.
01.31) Under the Code of Virginia §1-200 and §1-248 Judge Brown’s order denying my motion for a Writ of Deceit because he says one does not exist is deemed by the Code of Virginia § 19.2-265.2 & § 8.01-386 to be is Judge Brown’s knowingly and willingly perpetrated class II felony of VA18.2-481(5) resisting ‘ the execution of the laws under the color of its authority’, VA18.2-111 felony and § 18USC1341. Frauds and swindles in that such a remedy exists under English common and statutory law incorporated into the Code of Virginia.
01.32)
Judge Brown’s order denying my Motion to Modify the Courts Order for Fraud, asserting
“The Court has been informed of no evidence exhibiting that a fraud has been
imposed upon the Court” is fraud by the courts officers including Judge
Brown because Code of Virginia § 19.2-265.2
& § 8.01-386
requires the Judge Brown be deemed to know the law and so be competent therein
as do the rules of the Virginia Supreme
Exhibit A24h 4 of 6
Court embedded in the Code of Virginia. I refer you to (and include by reference) the conclusive admission established by Judge Brown’s VA18.2481(5) resistance of VFOIA record request 16). As such Judge Brown and other officers of the court imposed duly
objected frauds upon the court owned by the Sovereign People of Virginia such that Judge Brown knowingly and willingly perpetrated class II felony of VA18.2-481(5) resisting ‘ the execution of the laws under the color of its authority’, VA18.2-111 felony and § 18USC1341. Frauds and swindles in the facts were facts of law and fact of Russell P. Davis’ ‘written special appearance’.
01.31) Judge Brown’s order declaring that I am not part of the proceedings in CL09-376 is criminally VOID ab initio in that 1) his order is ex parte and without notice of hearing as due process requires and 2) his order is in plain knowingly and willingly resisted “the execution of the laws under the color of its authority” in resistance to the Code of Virginia § 8.01-380. D , § 8.01-275, and § 8.01-233 and subject to all prior default admissions and to Request to ADMIT 22 A, B, C & D)
01.32) As such CL09-376 has not been lawfully adjudicated by any court and the matter is still open for lawful judgment and filing motions and exhibits in support of lawful adjudication. Judge Brown’s order endorsing Judge Martin’s July 17th 2008 Pre-Filing Injunction (image excerpt shown in the following box) can only apply to the scope
of Judge Martin’s order which is as shown in the image excerpt in the following box:
So Judge Martin’s order cannot lawfully apply to CL09-376 which I did not institute – the BELT LINE did.
Exhibit A24h 5 of 6
01.33) Moreover Judge Martin’s VOID ab initio order is criminally unlawful in removing Russell P. Davis from the protection of the laws as required by our constitution and our statutory VA1-200 right English Common Law and VA1-248. Judge Martin’s reliance upon VA8.01-271.1 to authorize “appropriate sanction” does not permit Judge Martin to authorize a sanction removing ANYONE from the protection of the laws including the constitutional right to PETITION in court in such detail as is required to cut through the bramble of felonies perpetrated by Judge Brown and Judge Martin by their conduct, defaults and rulings. Such orders by Judge Martin and Judge Brown are VA18.2-481(5) felony by instituting a process that is “§ 19.2-10. Outlawry abolished. No proceeding of outlawry shall hereafter be instituted or prosecuted” whereby Judge Martin established by VaRICO Va18.2-111 that it is open season to commit crimes against Russell P. Davis and his subsisting interest in property. In this Judge Martin perpetrated 18USC1513e retaliation upon Russell P. Davis for his notice of the extensive VaRICO, particular and customary felonies of officers of the court in Chesapeake. Such VA19.2-10 open season for crime upon Russell P. Davis by officers of the court is shown in the court’s record in CL09-376 where officers of the court being attorneys for the BELT LINE asked Judge Brown to violate the Law by removing Russell P. Davis from particular protections of our law and Judge Brown perpetrated those particular VA18.2-481(5) felonies.
01.34) Also is invoked by reference “ADMISSIONS of Objectioned Felony perpetrated by officers of the court upon Felonious Default on VFOIA Record Request “, Exhibit A24c as set forth fully herein.
I ask for these things. I affirm the forgoing as being true to the best of my knowledge and belief, and affirmed under the full respect due God’s witness of these transactions and under the full respect due our laws on perjury.
May God Save our Commonwealth, our Nation, all our leaders and all our people.
May that be so now, beginning with you and me.
Russell
P. Davis 1521 Quail Point Rd., Virginia Beach, VA 23454 757-651-2234
CERTIFICATE OF SERVICE - In accord with § vscr-1:12, true copies were filed with Judge Brown by mail, and I certify that on or before PHRASE_DATE_OF_SERVICE this document was emailed and/or faxed to: Harriet T. Reynolds hreynolds@cwm-law.com ; Nila D. Faison nfaison@cwm-law.com ; Conrod, R. Johan rjconrod@kaufcan.com ; dventker@ventkerlaw.com ; W. Ryan Snow WRSnow@cwm-law.com; I have in good faith conferred with Belt Line attorneys in an effort to resolve the dispute without court action, and continue to be available for that purpose.
ADMISSIONS of Objectioned Felony (perpetrated by officers of the court) upon Felonious Default on VFOIA Record Request Exhibit A24c Page 1 of 18 |
Continuing from Paragraph 01.34) of Exhibit A24g
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NOTICE OF PHRASE_#VFOIA_REQUESTS VFOIA RECORD REQUESTS AND REQUEST FOR ADMISSION with most already under CL09-376 conclusive default admission and multiple counts of VA18.2-481(5), VA18.2-111, § 18USC1341. Frauds and swindles and 18USC1513e retaliation on the multiple instances were Judge Brown, Judge Martin and the Justices of the Virginia Supreme Court are at least principal as accessory-before- the-fact in Mike Melis’ felonies. 02.01) In that CL09-376 is in statutory continuance under fraudulent & VOID ab initio final order of Judge Brown wherein Judge Brown perpetrates VA statutory treason, I hereby submit the following amended set of VFOIA as written into the record, this day, whereupon any additional default by the BELT LINE is conclusive admission under the Code of Virginia. This MOTION FOR ENTRY INTO EVIDENCE (Exhibit A24c ) is in support of the MOTION FOR INITIATING INDICTMENT and OFFERED PLEA AGREEMENT as Further Amendment to the “Well Formed Settlement and Accord”( Exhibit A17) plus all other motions, Answer, Counterclaims, Crossclaims, here-to-for made and lacking any Judgment lawful under the Constitution and Code of Virginia. This is pled as requests for specific written reply and admission, and is pled in the form of VFOIA record requests upon Virginia’s duly authorized records of law contained in Virginia’s Constitution and Code. |
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02.02) Within the following specific requests for written reply having lawful VFOIA record request response there are particular NAMED PHRASES defined as below so that said requests might be easier and briefer to read as a the boiler plate PHRASEs are hereby known in advance and consistently defined so that what is known by this advance definition may be understood by substitution rather than having to repeatedly read the same phrase many times and each time the phrase is used. Said definitions are contained in the following box:
02.03) The following specific requests for written reply (hereby pled in motion and petition) for specific ADMISSION and/or specific lawfully DENIAL with both types of reply consisting in lawful VFOIA record request response. A refusal to make lawful written reply specifically addressing each issue raised is defined as a default resulting in conclusive admission under the Code of Virginia. Such an unlawful refusal will also create additional counts of VA18.2-481(5) felony by the addresses resisting the execution of the VFOIA where the VFOIA places the burden of proof upon the addressee. Again I refer you to your self-interests in taking that next step towards righteousness offered in the amended “Well-Formed Settlement and Accord”. |
ADMISSIONS of Objectioned Felony (perpetrated by officers of the court) upon Felonious Default on VFOIA Record Request Exhibit A24c Page 6 of 18 |
INDEX OF 42 plus INDIVIDUAL REQUESTS FOR SPECIFIC WRITTEN REPLY & ADMISSION EACH HAVING ITS OWN VFOIA RECORD REQUESTS
Nearly all under prior conclusive default ADMISSION to, and in, Objectioned Felony perpetrated by officers of the court upon Felonious Default on VFOIA Record Request
Request Contents in Exhibit A23.07c
1. VFOIA record request driving a CONCLUSIVE ADMISSION re:“The Laws of Virginia: Obligatory Diligence, Notice, Respect, Fidelity, Competence, Faithful Obedience to the Content of Virginia Law”
2. VFOIA record request driving a CONCLUSIVE ADMISSION re:“#1 Defying, in unlawful combination (§18.2-499), the Code of Virginia’s Declaratory Judgment Statutes, § 8.01—184 and § 8.01—191, regarding ‘actual controversy’ can be §18.2-481(5) felony
3. VFOIA record request driving a CONCLUSIVE ADMISSION re:“#2 Defying, in unlawful combination (§18.2-499), the Code of Virginia’s Declaratory Judgment Statutes, § 8.01—184 and § 8.01—191, regarding ’ discretionary’ can be §18.2-481(5) felony”
ADMISSIONS of Objectioned Felony (perpetrated by officers of the court) upon Felonious Default on VFOIA Record Request Exhibit A24c Page 7 of 18 |
4. VFOIA record request driving a CONCLUSIVE ADMISSION re:#3 Defying, in unlawful combination (§18.2-499), the Code of Virginia’s Declaratory Judgment Statutes, § 8.01—184 and § 8.01—191, can be §18.2-481(5) felony
5. VFOIA record request driving a CONCLUSIVE ADMISSION re: “Reasonable Specificity in VFOIA request”
6. VFOIA record request driving a CONCLUSIVE ADMISSION re:“ ‘Public Body’
7. VFOIA record request driving a CONCLUSIVE ADMISSION re:“Public body & members” #1
Request Contents in Exhibit A23.07d each separately set out
8. VFOIA record request driving a CONCLUSIVE ADMISSION re:“Public body Member” #2
9. VFOIA record request driving a CONCLUSIVE ADMISSION re:“Custodian of the Requested Public Record of Public Law”
10. VFOIA record request driving a CONCLUSIVE ADMISSION re:“Color of the Laws Authority”
11. VFOIA record request driving a CONCLUSIVE ADMISSION re:“BURDEN OF PROOF #1”
12. VFOIA record request driving a CONCLUSIVE ADMISSION re