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Thursday, March 5, 2015

Alabama law makes it clear: You cannot be charged with resisting an arrest that was unlawful to begin with


Liberty Duke
Evidence strongly suggests that my October 2013 arrest, by an Alabama deputy who neither showed a warrant nor said he had one, was unlawful. So how on earth was I charged with "resisting arrest," and convicted, resulting in a fine of $845? For that matter, how did I wind up incarcerated for five months on an arrest that was conducted outside the law?

None of that can happen in a place where the actual law means anything. But we are talking about Shelby County, Alabama, and District Judge Ron Jackson--who I knew from previous experience has a tendency to pull "law" from some dark place underneath his robe. We also are talking about powerful conservative legal/political figures, led by Rob Riley and lobbyist Liberty Duke (and God knows who else behind the curtains) who wanted me in jail to stop my reporting on this blog.

Here is the fundamental question we asked in a recent post: Can you be charged with resisting an unlawful arrest? The answer is no, and here is why:

Code of Alabama 13A-10-41 (Resisting Arrest) states:

A person commits the crime of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from affecting a lawful arrest of himself or of another person.

Was my arrest lawful? No, it was not--on at least three grounds:

(1) Officer Chris Blevins entered our home without showing a warrant or saying he had one. At my resisting-arrest trial, prosecutor Tonya Willingham was instructed to turn over any warrants as evidence, and she said, "Your Honor, we don't have any." At this point, it's a matter of public record that there was no warrant for my arrest. Either that, or Ms. Willingham withheld evidence, which could cost her law license. Entering a dwelling without a valid warrant violates a landmark U.S. Supreme Court case styled Payton v. New York, 445 U.S. 573 (1979). (That case involves serious Fourth Amendment issues, and we will examine it further in upcoming posts.)

(2) Officer Mike DeHart "served" us with Rob Riley's lawsuit via an unconstitutional traffic stop. I contested service as improper and invalid, and that placed the burden on Riley and Duke to prove that service was conducted properly. No hearing ever was held on that subject once I filed a Motion to Quash Service. (I did not "ignore" the lawsuit, or a court order, as has been widely reported: I responded by challenging service, as any semi-competent attorney would have done under similar circumstances.) The plaintiffs never proved lawful service, so that means the court did not have jurisdiction over me. And that means both my arrest and incarceration were unlawful--ordered by a court and a judge (Claud Neilson) who had no authority over me. It's hard to imagine a more grotesque violation of constitutional rights than that.

Rob Riley
(3) My arrest was based on alleged violation of a temporary restraining order (TRO) and preliminary injunction in the Riley/Duke defamation case. But more than 200 years of First Amendment law prohibits such actions as "prior restraints" on free speech. In other words, they prohibit speech before it has been found unlawful at trial--and there was no trial in the Riley/Duke case, meaning my reporting still has never been found false or defamatory in any legitimate proceeding. All of this is governed by a landmark U.S. Supreme Court case styled Near v. Minnesota, 283 U.S. 697 (1931). My arrest might represent the most flagrant violation of Near in American history.

What is Alabama case law on the subject of resisting arrest. It's spelled out in a 2013 federal-court case styled Rigas v. City of Rogersville:

Under Alabama law, a person commits the crime of resisting a lawful arrest by preventing or “attempting to prevent a peace officer from affecting [sic] a lawful arrest of himself or of another person.” Ala. Code § 13A-10-41. An arrest without a warrant, as here, may be effected “if a public offense has been committed or a breach of the peace threatened in the presence of the officer.” Ala. Code § 15-10- 46 3(1). There is no Alabama law or practice criminalizing resistance of an unlawful arrest, however. See Shinault v. City of Huntsville, 579 So. 2d 696, 698 (Ala. Crim. App. 1991); see also id. at 699–700 (Bowen, J., concurring). Indeed, Alabama law has historically permitted use of reasonable force to resist an unlawful arrest. Ala. Code § 13A-3-28 Commentary (1975) (“Alabama law . . . allows a person to use reasonable force to resist an unlawful arrest.” (alteration supplied)) (citing Spooney v. State, 217 Ala. 219, 225 (Ala. 1928); Brown v. State, 109 Ala. 70, 91 (Ala. 1895); Tarwater v. State, 75 So. 816, 817 (Ala. Crim. App. 1917));see also, e.g., Brown, 109 Ala. at 91 (“It is not the duty of the citizen to submit to any other than a lawful arrest. It has been said the duty ‘is found in the law side by side with the right of resistance to an unlawful one . . . .’” (alteration supplied) (quoting Drennan v. People, 10 Mich. 169, 186 (Mich. 1862)).

Note the powerful language, that a citizen has no duty to submit to an unlawful arrest. Also note that this law has roots that date to at least 1862.

Is it any wonder that California lawyer and conservative legal analyst Ken White, of the Popehat blog, smelled something funny about my arrest and incarceration:

It's not clear from the reporting how the prosecution proved the elements of the offense. I'm not talking about my standard skepticism of police claims that a suspect improperly resisted. I'm talking about proving that the arrest was lawful in the first place.
Under Alabama law resisting arrest is an attempt to prevent a lawful arrest. Resisting an unlawful arrest is not, as I understand Alabama law, a violation of the resisting arrest statute. To make a lawful arrest under Alabama law, a peace officer must have an arrest warrant, or must have probable cause to believe the suspect committed a felony, or must observe the suspect commit a crime. Shuler apparently argued at trial that the arresting officer didn't have a warrant and didn't observe any crime, and that therefore the arrest was not lawful and Shuler could not have committed the crime of resisting arrest. . . . Regrettably the news coverage of the brief bench trial doesn't clarify how the prosecution proved (if it did) that the arrest was lawful in the first place.

Popehat wrote four posts about my incarceration, and while I take issue with some of his statements, his analysis of the law is on target--both on the First Amendment and, as here, on the Fourth Amendment.

Below is the Motion to Quash Service that my wife and I filed in the Riley/Duke case. It is not time stamped because we filed it on a Wednesday, the day the clerk's office is closed in Shelby County. But it was timely and properly filed, shifting the burden of proving lawful service to the plaintiffs, which they never did because no hearing was held on the subject. In fact, I was awaiting notice of such a hearing when I was arrested on October 23, 2013.





46 comments:

Anonymous said...

You need to ask for your $845 back.

legalschnauzer said...

I hear you, @9:51. And get this. For weeks after the fine had been paid, my picture was up on the Shelby County Sheriff's Web site as one of their "most wanted criminals." They had someone listed as "most wanted" when I hadn't committed a crime, wasn't even charged with a legitimate crime, and the whole thing was based on an officer entering my home without a warrant.

Last time I checked, my photo finally had been removed from the "most wanted" section.

Anonymous said...

Are you going to get in trouble for writing about Rob and Ms. Liberty?

legalschnauzer said...

Who knows, @10:25? The law means nothing in Alabama, especially Shelby County. I'm under a permanent injunction that keeps me from writing about certain subjects related to Rob and Lib. We all know what those subjects are because they've been reported in the New York Times and umpteen national and international news sites. This post doesn't touch on those subjects, so I should be in the clear. I should be in the clear on all subjects related to them because my reporting never was found false or defamatory at trial, as required by law, and the permanent injunction is every bit as unlawful as the preliminary injunction was.

Anonymous said...

This seems like pretty straightforward stuff. As a Yale law grad, shouldn't Rob Riley know this?

legalschnauzer said...

My guess is that he knows it, @10:53, but he and other members of Team Riley don't think the law applies to them--it's for other people. You can see that kind of arrogance in the Mike Hubbard/Bob Riley e-mails.

Anonymous said...

Roger the government does what government does because the quota system.

The quota system is tied to the global investors.

Rothschild just warned about what is coming, he is the top adviser investor in the world - an agent to the richest "elites". The predators in other words that are the investors in America, too.

That means the systems are not about protecting people, but using people as a gambling chip.

The UN did the counting all over the planet, to figure out how to insure the human capital.

You were and are human capital and those that did to you what got done were paid to keep you in your bewildered herd place.

Pay attention to the Rothschild prediction about World War II. When the top agent for the NATO Trillionaire Transnationals speaks, we had best know we are in bigger trouble than 9-1-1.

Anonymous said...

I love the part about citizens having the right to resist an unlawful arrest. Cops would have us believe that we have to do anything they say. But if they don't know what they are doing and are acting outside the law . . . well, the law says we can tell them to shove it.

legalschnauzer said...

I would advise being careful about telling cops to shove it. Keep in mind these guys are armed, some of them are maladjusted, and I suspect a fair number are on steroids. You might be in the right, but it's wise to be careful--you don't want to wind up in a trauma ward.

Anonymous said...

Not just a right to resist an unlawful arrest, but a duty:

http://scholar.google.com/scholar_case?case=17834406124210816247

Brown v. State, 109 Ala. 70, 20 So. 103, from which we quote:

". . . It is not the duty of the citizen to submit to any other than a lawful arrest. It has been said, the duty `is found in the law side by side with the right of resistance to an unlawful one; and it is quite as important that no one should be unlawfully taken as that every one lawfully accused should be made to answer.' . . . It is not intended that he [should] yield his person and liberty to the dominion of even a known public officer, certainly not to one unknown, upon his mere demand, who gives no information of his authority. If this were not true, no man would be safe from invasions of his personal liberty, and unlawful arrests would be made effectual.. . ."

Anonymous said...

Has Liberty Duke testified before the grand jury in Lee County?

legalschnauzer said...

I don't know, @4:36, but that's a good question. Can anyone offer insights?

Anonymous said...

The US Constitution and the Constitutions in the States individually all have law that unequivocally stipulate, it is a duty to resist what is a violation of our Bill of Rights'.

The cops are paid and have been paid for eons, to protect not our Rights', but indeed the power of people whom have decided to be owners of slaves.

Roger learned what being a slave is, he is allowed only so much freedom now. He hasn't been reconciled for the attack in his property which was private, the kidnapping and indeed attempted levels of homicide. A suicide in the jail which happened was or wasn't a warning?

Roger and Carol are now conditioned slaves.

We are all conditioned slaves in the USA. The problem to solve appears to be serious.

Anonymous said...

the cops taze, pepper spray and shoot to kill.

weapons industry is global, usa is the largest exporter of weapons, and internally the most violent.

highest number of incarcerated, the usa prisons are private profit for the global investors.

our country became a lab for the global investors' weapons industries, and the testing to see how the population can be controlled. bullets are being removed now, that's how the second amendment is begin gutted.

russians gave up their guns and then stalin did what was done.

warn usa don't give up guns. no, the bullets get removed. hmmm

don't tell cops other than exactly what they want to hear. they are told to shoot to kill and questions get answered in the government immunity.

with impunity now the killing happens because the pharmaceuticals are designer drugs to make zombies.

scary south with the level of the people there running the government, don siegelman is really unbelievable too, Roger.

you and the governor both prove very dangerous place, south US

Anonymous said...

Legal system, is there an actual organized reality for this? How exactly can someone be in the legal system, like you Roger, and be able to have power?

You write and are a schooled journalist. You know how to read and comprehensively put the words in the correct forms and file in the court system of "law".

Next, you are adept in technology and have a blog that is considered very powerful or you would not have been arrested falsely, and of course then taken as a guilty terrorist of getting information transparent.

One in how many Americans have this skill/mastery of the language arts and "legal system"?

Therefore, the point is our system isn't real.

John Kerry meets with the Iranian Leader while the Prime Minister from Israel comes to DC to get approval for war.

Nuclear war is how the Iranians can be stopped and now the US knows this, the continued push in the Middle East cost the USA to be alone in the world.

You can bet now, the southern players like the ones that have been in control for a long time, are not so arrogant and violent towards the population in the USA. America's dollar collapsed and that paid the salaries for the multitudes of sicko government employees. Plus all the ugly non-government mercenary agents. South knows, the falling of Rollins and others proves the south knows.

There are power struggles going on and the legal system USA collapsed from the wars for Israel and the owners of the EU.

The "law" in the US was being rewritten by Israel, the push has been very cruel and inhuman.

Roger is proof of how far the lawlessness was going.

Israel has been stopped by the meetings and negotiations with US, Russia, Iran.

Nuclear War may have been stopped, too, so far so good.

legalschnauzer said...

Thanks for some insightful comments. The jail experience did, indeed, make me feel like a slave. It also made me feel like the victim of a kidnapping, which I was. And they tried to get my wife, too.

That still might be the most extraordinary aspect of this story. Rob Riley and Liberty Duke sued someone who had nothing to do with Legal Schnauzer at the time and then encouraged her kidnapping. I expect that kind of callous action from a member of the Riley family, but it really makes me wonder what kind of woman Liberty Duke is--that she would sign off on that kind of abuse against another woman.

I'm still not sure how Carol managed to not be arrested. We're both thankful she didn't wake up while the cops were roughing me up and taking me away. Once news started getting out about what happened to me--and that largely was due to Carol's efforts--I think the bad guys became afraid to try to nab her.

Anonymous said...

Just out of curiosity, couldn't you have appeared in court and challenged the service in person?

legalschnauzer said...

I was going to, but no hearing was ever set on my motion. In fact, I was waiting for word of a hearing date at the time of my arrest. I was thrown in jail before I ever had a chance to argue the service issue.

That's one reason I told the deputy to get out of my house. I knew the court had no jurisdiction over me until proper service had been established--and that had not been done because no hearing on my motion was set.

That doesn't even count the arrest being unlawful on First Amendment grounds, etc.

Anonymous said...

How does the FCC intend to control the internet?

Frustration. The internet is going to be controlled, be prepared.

When words appear and the "New World Order" (NWO) wants to disappear the words, the crashing of systems is how the FCC is going to control.

Carol and Roger proved the American Spirit is not going to be rewritten in the NWO's globalized plan for human slaves.

The readers of the internet are subjected to the so called owners of the www and also the slaves of this very sick level of "brain/mind". There are multitudes of humans that are unfortunately zombie-bots.

Owners of slaves have no end to the clever ways to bend the minds, twist the will.

"Bible and Sword" by Barbara Tuchman is the book which explains how the State of Israel got to be.

USA pays for Israel's wars and now the USA is broke.

Credit debt is the real lawlessness and the tap root rot of slavery.

Carol and Roger Shuler woke up because the NWO targeted them due to the list of Agenda 21.

Ida Tarbell also challenged the Rockefeller Trust.

Rothschild just whined about NWO Nato Trillionaires not going to be the investor class that is a design we all now know to be wars without end.

Carol and Roger started a Constitutional Convention, in challenging the acts of kidnapping and slavery.

How do all prepare to challenge the NWO and its FCC agent.

Thanks again and again, Carol and Roger Shuler!

Anonymous said...

What the countries around the planet rejected is:

Goldman Sachs on paper, owns the (transnationals) credit scoring corporation. People around the planet didn't agree with the contract that Americans are forced to enter into.

Americans must purchase credit that is debt and interest has to be repaid, also. This criminal fraud, is unacceptable globally.

Slavery law a very clever hook in the life of all the people who should be free. And the level of people, who choose to be parasites (lawyers) for the predators (Trillionaires), insane.

Congress is a problem in respect to the law of money. We do not have representation by the Congress of parasitic predators.

And, usury is slavery in super pirate form since computers make the credit happen.

Anonymous said...

I'm sorry, when I referred to appearing in court, I was asking if you could have appeared in court on the date given in the papers Mike DeHart "served" on you and challenge the service there.

legalschnauzer said...

The answer to your question, @6:05, is no, not if the law means anything. We were "served" about 2 p.m. on a Sunday afternoon, and the preliminary injunction hearing you refer to was the next day, barely 24 hours notice. Alabama law requires way more notice than that--time to file written responses, time to call witnesses, gather evidence, etc. The law doesn't give a specific amount of time to allow, but the usual time to respond to a lawsuit is 30 days. That appears to be the minimum required to properly prepare for a preliminary injunction hearing.

I needed to prepare a motion to quash service and a motion to allow lawful notice of the preliminary injunction, and I didn't have time to prepare them with less than 24 hours notice. The law says I can't be put in the position of having to respond that quickly.

Some in the public might think, "This was just a hearing, where people sort of shuffle their feet and nothing much gets done. Why not just show up?" Well, that's not what it was. It was a hearing on a preliminary injunction, and that's a serious matter--and the law requires that the respondent be given proper time to prepare. Second, the law indicates it's not wise to show up when a court has not established jurisdiction over you. Once service is challenged, the burden shifts to the plaintiffs to prove service was properly done. They never did that once service was challenged--there never was even a hearing set on that matter--so we had no reason to appear in court until it had jurisdiction over me.

(Note: I also was going to challenge the unlawful inclusion of my wife in the lawsuit. But I wasn't going to do that until the plaintiffs had met their burden of proving service was proper. Improper service was the matter that had to be addressed first, and a written motion was key to that process. You can never assume a court knows the law, especially in Shelby County. You have to get prepared and show what the law is, in order to argue it.)

Again, my interest is in following the law--and seeing to it that the law is followed. I want to fulfill my responsibilities under the law, but I also want to protect my rights under the law. That's what I was trying to do, by preparing three motions to show that we had neither proper service, nor proper notice--and that my wife unlawfully was included in the Riley lawsuit, when she had nothing to do with this blog at the time. She's never had anything to do with the blog, except when I was in jail.

Unfortunately, I got arrested--on orders of a court that had not established jurisdiction over me--before I could have a hearing on the first motion or even file the second and third ones.

Somebody was desperate to put the "process" on fast forward and have me unlawfully locked up. They also tried to arrest my wife.

Does that bother you? It should.

Anonymous said...

When you were served Roger, you could have gone to Ex parte and demanded the case be heard immediately before a "Judge".

Problem with that is, the people in Alabama that you were exposing for their crimes of moral turpitude, wanted you dead and Carol too.

Would rather not have any people in USA other than those that are either going with the NWO program or not.

George W. Bush, when the Supreme Court took our right to vote away, we were slaves and now we know the NWO agenda was to enslave every human living in the earth planet, etc.

The world earth has shifted power and now the USA has been found out in the real cold, for the NWO hostile wars never ending.

Now would be the time to get your demands met. Contact the Koch Industries that have joined with the liberal groups against the system of Cheney's "CCA" (prision system Correction Corporations of America). The stock market just took another huge loss.

Genetically Modified Organisms "GMO" are not going to be hidden anymore as toxic slow death to our planet and of course all life.

The Vanguard and other names of the portfolios that hide the NWO "stock" of human capital in the USA is now fully transparent.

NWO and or the Federal Reserve System "Fed", is bankrupt and the culling of the American bewildered herd has ended.

People in America have been made into abject poverty slaves.

Except there is a new order alright and according to Karen Hudes we join the BRICS absent the Fed. We at long last in the USA refuse to pay the debt of the Fed. Like Greece showed us the democratic truth in the beginning and again recently.

Go to the Koch Foundation, website is on line regarding how to become a significant citizen in the reform of the slavery.

Bless Carol and Roger for being able to live through the Alabama South's NWO.

Rewrite history? Go Top Journalist and write that book that writes real and not faux.

Anonymous said...

When I showed up in the Prosecutor's Office in Washington State, to prove ownership of a valuable art "treasure", I was falsely arrested. You can't do other than go along with whatever the HIRED GUN decides.

Judges are HIRED THUGS, that tell the GUNS to kill.

Haves and Have Nots.

Agenda 21. People must become highly well educated because Carol and Roger prove the USA isn't other than a gulag.

An open ghetto, like Palestine.

We must all get our power of WILL into the idea we are all haves.

AND the "nots?"!

They are those that decide to dishonor due process rule of law.

Contact the Koch, and other people, those that don't want to see the USA drowning into the oblivion:

toxic anti Constitution and toxic anti Democracy, already knowing.

Anonymous said...

"... I'm sorry, when I referred to appearing in court, I was asking if you could have appeared in court on the date given in the papers Mike DeHart "served" on you and challenge the service there...."

Legal Schnauzer responds and says: "... Does that bother you? It should...."

No, Roger, the post via the "zombie-bot" is about forming "public opinion".

When the writing is in such a way that the words drip questions into the unformed, to form the doubt in the minds of readers ...... how to know how to spark the higher intellect in the subterranean?!

There are Americans that have chosen to be CHOSEN / Chosen.

The Chosen are beholding to the CHOSENITES "COW" ~ Chosen One Worlders.

The COW is a big metal bull on Wall Street, and the worshiping of this idol is by those that grovel to be a slave to the crime of insane fraud.

Your story is a crime that should cause 6:05AM 03/06/15, to be scared. No, rather, the smug can't be covered-up.

What is the story with those that aren't free and love the slavery of their own CHOOSING?

Sick. Confused. Deeply disturbed regarding "life".

Scary America. At least the Palestinians stand in solidarity.

Anonymous said...

One article–the New York Times‘–had a reference to Netanyahu’s decades-long record of making false nuclear predictions about Israel’s enemies. And even that was framed in partisan terms: Netanyahu “did not succeed in mollifying all Democrats, who recalled a history of what they deemed doomsday messages by him.” A reporter, of course, could look up Netayahu’s previous projections to see if they came true or not–as Murtaza Hussain of the Intercept (3/2/15) did–but holding officials accountable for what they have said in the past is not something an “objective” journalist is likely to do.

http://www.globalresearch.ca/what-was-missing-from-the-us-mainstream-coverage-of-netanyahus-speech/5435131

Carol and Roger Shuler, you know that the standard of journalistic integrity would be held. Were Roger to be employed by the New York Times, the media ownership of only one of the "HAVES" in the USA, then what?

Reporting has been intentionally a position of slavery, otherwise Roger Shuler would have been offered a job at the NYT for the journalism, he-is-and-has-been, responsible for the real news.

The system of the courts is owned by the same global investors that tell Netanyahu to come to America and tell the US our foreign policy of wars without end for the rich that pretend to be a chosen faction of GOD.

This has ended now because Israel has to have the USA go nuclear on Iran, and that means Iran, China, Russia and all others that also "HAVE" are NOT going to allow the USA to do to them what has been done to Carol, Roger and millions of Americans.

Anonymous said...

Roger, thank you for answering my earlier question. This may be a tangent you don't want to follow, but didn't you go to court in Jefferson County while you were in jail and make an argument about proper service. I may be misremembering details, but didn't the other party attempt to re-serve the papers on you. It sounded like you must have made a good argument for them to do that. That was the reason I was questioning about going to the hearing and stating you would be filing motions in the near future because you hadn't had time to prepare them.

legalschnauzer said...

Yes, I went to Jeffco while I was in jail because a hearing was scheduled there on my motion to quash--and Judge Blankenship ruled in my favor, as he should have under the facts and law.

I would have gone to Shelbyco for such a hearing if one had been scheduled. But it wasn't, and I was arrested before ever hearing what had been done about my motion to quash. Again, a court that had not established jurisdiction over me, apparently ordered my arrest (I say apparently because I've never seen a warrant), and that was done upon request of Rob Riley and Liberty Duke and their various attorneys--who all should have known the actual law that prohibits preliminary injunctions in cases of alleged defamation (Near v. Minnesota).

You're welcome to keep asking me questions, but I would suggest you pose a few questions to Mr. Riley, Ms. Duke, their lawyers, and Judge Nielson. They are the ones who used taxpayer dollars (your money and mine) to essentially order the kidnapping of a law-abiding citizen--and his wife (although they failed to kidnap her).

If you ask them such questions, please copy me on them--along with their responses. I would love to read them.

A few quick questions you might want to ask them:

* Why did you seek a preliminary injunction in a defamation case when U.S. Supreme Court precedent dating to 1931 says that represents an unlawful prior restraint?

* Why did you seek to have Roger and Carol Shuler held in contempt of a court order that was unlawful under Near v. Minnesota?

* Why did you make Carol Shuler a party in your lawsuit, even though there is zero evidence to suggest she participated in the blog Legal Schnauzer or any posts about you?

* Why did you seek money damages/sanctions against the Shulers for legal work on a case that you willingly filed and which was handled contrary to long-settled law?

* Why did you ask for the case file to be unlawfully sealed?

* Why did you not ask for a jury trial, as required by law on a First Amendment matter?

I could go on, but you get the idea--and I'm not sure you have any concern at all about the Riley/Duke actions in this case. If you share my concern about such abuse of the legal system, contact me (with your real name) at rshuler3156@gmail.com and perhaps we can work together to prevent such injustice in the future.

Anonymous said...

There is a man who is sentenced to 55 years in prison. His crime is marijuana. The judge feels bad he sentenced him to that many years in prison and periodically drives by the prison and thinks how wrong the sentence was-is.

But, he is committed to the Federal System of "Minimum and Maximum Sentencing".

Now were all schooled in the true language of our "law", there would not be such a blatant slavery system.

Carol and Roger Shuler were very lucky to be such high profile in the world of new information, the internet. Fortunately the internet has been a vital link in the education of Americans.

Judges in the USA think they can follow a rule, regulation, color of law, but the good law is not going to put a million dollar retirement portfolio in the future for those that have decided. Deciders that the world earth is an oyster for them and those that are in the making of the pearl for the predators? Well sand is what we are, we the people not dressing in robes or going to Inn of Court, and membership dues to a B.A.R. to be able to commit crimes with immunity and impunity - just so long as the slaves can't talk and choose to not be made in to a/ the slave/s.

Retirement portfolios were supposed to grow and grow and grow as globalism incarcerated human capital for the gambling globalists. Human energy is the most valuable in earth.

Think the slime of Alabama doesn't know what they're doing in stealing our lives, liberties and pursuit to happiness for their "retirements"!

Please damn with faint praise the word guilty.

Anonymous said...

evidence strongly suggests ...

and then the argument where you prove you are a "Citizen" who understands the law.

1. FACT,

forensics that honor the fullest power in due process rule of law, PROVES,

2. FACT,

Roger Shuler was attacked in his own home, kidnapped and put into a place of incarceration for a time period of no less than five (5) months.

The case of Carol and Roger Shuler proves the "Constitutional Free Zone" in Chicago is being carefully constructed, in the State of Alabama, too.

People best hear your PRAYER, Roger, which is for enough of the good "CITIZENS" of Alabama to join in stopping what happened to your family.

What you are experiencing is a lab test to do on everyone.

You are basically in an invisible prison of a word army that can do whatever IT wants, whenever, and however, and people know.

TERROR, has worked and continues to be the tool to take the people in the USA into a very dark reality. People in the Southern States better find out about the zones of removing 'borders', the Russians are in a world of hurt due to the same "law".

No rights', Carol and Roger live in a house that is a special prison in new USA no rule of law.

Anonymous said...

"... Brother Nate .. Three, Uproot Nationalism ..

... With the collapse of borders, a universal welding of all nations will fuse into one diluted whole, with a Jewish ruling caste on top of the heap ....

http://www.realjewnews.com/?p=1011

Be very careful Shuler Family, remember at all times the thugs that run Alabama and the "South" are paid by the owners that also own the wars without end.

Those that own America had an agenda and have one. Birthing new Middle East wasn't just about "over there".

Middle East Birth.

Ukraine Neo-Nazi lead-up into World War?

Birthing a New American Century is also happening.

Roger, you're not obeying the ORDERS that you have been clearly programmed to robot.

Thus and therefore, get intuitive at the highest level or they'll get you and make you obey next time.

You're supposed to keep all the people all the time afraid to do other than obey the order of being a digital commodity.

Any and all that read your blog had best get to demanding your case be solved. Your case proves a vaccination of sorts, too, sterilization? Or simply what it is, a paralysis of your God Given Birthright, Bill of Rights'.

Anonymous said...

On Friday, 6 March, President Obama placed temporarily on ice his planned increase in weapons and soldiers to help the Ukrainian Government to ‘defend’ Ukraine against the ‘terrorists’ in Donbass, which is the Ukrainian region that had voted 90% for the President whom the Obama Administration overthrew in February 2014. (Here is where the EU first learned, on 26 February 2014, that the overthrow of Viktor Yanukovych had been a coup instead of a genuine popular revolution.)

Obama replaced that Government with a racist-fascist anti-Russian regime, which quickly set about exterminating as many residents of Donbass as possible, as quickly as possible (calling them ‘terrorists,’ for their refusal to be ruled by the new Obama-imposed, anti-Russian, Government).

According to German Economic News, Germany’s Angela Merkel and France’s Francois Hollande are balking at the speed of Obama’s rush to war against Russia.

http://www.globalresearch.ca/europe-blocks-u-s-from-racing-to-war-against-russia/5435369

The people who know the Shuler Family - either simply by Roger's story of being a victim of the Global War On Terror's criminally insane agenda, or however any and all know the Shulers-Carol-Roger, DEMAND THE ACCOUNTABILITY.

Those that are the same "Neo-Nazis", and that would be the Riley, Rollins, and all other "Clan" KLAN in the South for the "New World Order", are working for the Federal Reserve System -- "The Fed". The Fed has used digital computer fraud to commit the crime of totalitarian fascism.

The Shuler Family are the whole of America. Best DEMAND The Fed cease and desist and STOP any and all killing the US citizens under the label "Agenda 21". STOP the kidnapping, property transference of wealth, fraudulent inducement of whatever can be forced into the US society, and STOP locking up US citizens absent due process rule of law.

Whatever the remaking of history has been planned in the think tanks of intellectually challenged, and the reshaping of the planet too, obviously Condi Rice said there is a new birth for those that aren't ready and the "nots" are decided value in mass murder via the trumpets of wars. It has decided, but isn't passing the "Constitutional Muster".

Certainly the Magna Carta 1215, hasn't been protecting as was the contract for our life right of being born in earth, in reality.

NEO NAZIS ARE NOT JUST IN UKRAINE DOING MASS CRIMINAL INSANITY.

Every "Citizen" that can read and write must demand accountability from those that are paid by The Fed to commit the crime of rewriting the U.S. Constitution's laws and calling the act "code".

All the Neo-Nazi KLAN in USA doing criminal insanity against our GOOD LAW, need to be in a facility where the healing can last as long as the time takes to get the brain-mind, spirit-body, into sync with real true modern.

FREE WILL.

Anonymous said...

... Discovery of a police ‘black site’ in Chicago .. extra-judicial powers claimed by Mr. Obama a picture of widespread state lawlessness emerges. When considered in the context of no criminal prosecutions for war crimes against the (George W) Bush administration or against prominent bankers in the financial and economic debacle of the last decade a picture of widespread elite lawlessness emerges. Clearly the state, including local police departments, exists for purposes other than enforcing fealty to the law.

... How would White readers react to being harassed, intimidated, disproportionately jailed and forced to pay for the privilege? Ultimately the problem is larger than Ferguson and social accountability should address political economy premised in exploitation and social repression ....

http://www.globalresearch.ca/ferguson-and-the-logic-of-neoliberalism/5435378

CAROL AND ROGER, CONTACT THE AUTHOR OF THE ARTICLE!

HOW DOES THIS RELATE TO THE SHULER FAMILY?

NOT ONE AMERICAN NOT PAID BY THE "BANK" IS SAFE AND THOSE PAID BY THE BANK ARE FINISHED IN THE "GLOBAL WORLD".

THREE WORDS:

BRITISH ACCREDITED REGISTRY.

Mr. Journalist at the level of true journalism, how about exposing the judges, and all those that belong to the "Legal Tribe" which is paid by the Federal Reserve .. "Banks", and PROMISED the portfolios offshore or wherever the Vatican that owns the BANK stashes Americans' "wealth"! Transference of wealth has been going on as long as Wall Street controls the retirement portfolios of "government".

People are the government and the confusion is due to the BANK criminally defrauding Americans for as long as money from thin air is considered honest contract in exchanging the energy of human power as a "laborer".

Mr. Jingle Jangle CHANGE hoped the hell we got-get sold, wouldn't be noticed and the ORWELLIAN sale would stick UP our you know whats', Ad nauseam.

CHOICE Mr. Fast Track into fascism, the OBAMA our first "Jewish 'Black' President". Americans are smart enough alright, to not go along any further with the ghetto, jail USA enriching the BANK, only in the real look-see!!

Please clearly not even the Lib or Rob have been made better by the BANK and its criminally fraudulent digital credit to pay debt to the most insane of our whole collective human family.

Anonymous said...

http://www.globalresearch.ca/how-the-us-supreme-court-has-treasonously-destroyed-americas-democratic-republic/5435346

By design this divide and conquer strategy permeates at all levels in America (and the world) both historically and currently, and in our federal government it produces a co-opted excuse absolving all responsibility for continued failure simply by blaming the other side of the aisle. In this way the forever game of partisan politics is maintained whereby the Democrats get to always blame the Republicans, the Republicans the Democrats, and the Democrat president always blames the now Republican controlled House and Senate. As a result, the government always operates contentiously gridlocked and mired at a chaotic standstill – its inability to work effectively together as its convenient excuse to not do its proper job in protecting and promoting the interests of the American people. This then provides the necessary perfect public cover to continue in dysfunctional, abysmal failure, of course all at citizens’ expense.

See how these momentous, monumentally significant, game-changing actions from the nation’s highest court have directly impacted and caused such grave damage degenerating our republic into an oligarchy?

Anonymous said...

Still another Supreme Court decision that put the final dagger into the heart of our dying democratic republic was 2010’s Citizens United case followed up by last year’s McCutcheon case that opened up the purse-string floodgates giving carte blanche power for oligarchs to buy off elected politicians with absolutely no oversight or accountability. With no dollar limits making bribery perfectly legal and completely private and untraceable by high court endorsement, by no accident a joint university study last year made it official – America is no longer a republic but an oligarchy where the power interests of the few dictate and control how our federal government votes and makes laws. Rather than pay any attention to its blatant conflict of interest in violating every democratic principle, the Supreme Court has also made it official – our government is up for sale to the highest bidder. Those who simply spend the most money now own our elected representatives who are totally beholding to the hand that feeds them rather than to their constituents that send them to Washington. Of course the direct consequence of these totally undemocratic court decisions placing exclusive monetary value on funding means that Congress members will only devote more time, energy and effort to raising money to get re-elected than doing their job on Capitol Hill. The 2012 presidential election at both national and state levels cost a total of $60 billion, the most ever. With each of these dramatically impactful court rulings, the onetime democratic republic of America fades ever further into distant memory as the disconnect between the Americans and their oligarchic form of government widens exponentially.

Finally last April’s Supreme Court decision to not intervene in a Court of Appeals ruling that overturned the district court that had declared the 2012 National Defense Authorization Act (NDAA) unconstitutional sealed the nail in the coffin on whatever civil liberties we Americans still had left. Though courageous citizens like journalist Chris Hedges had filed a lawsuit on our behalf challenging NDAA’s legality and one very bold federal district court judge decided in Hedges et al’s favor, by the Supreme Court’s choice to uphold the Appeals Court decision overruling the lower court to keep the NDAA law on the books, life as we legally knew it in the United States ceased to exist. In effect, both the Appellate and Supreme Courts violated American citizens’ Fourth and Sixth Amendments as well as overturned the Posse Comitatis law that existed since after the Civil War. Comitatis was the legal protection that prohibited the US military from intervening in civil affairs that were historically under the jurisdiction of law enforcement agencies and each state’s National Guard. Currently under the 2012 NDAA law, the military can come into our homes without a warrant and arrest us without charges, detain us for an unlimited, indefinite period of time without access to either legal representation or due process and without even a trial.

Constitutional attorney John W. Whitehead comments:

No matter what the Obama administration may say to the contrary, actions speak louder than words, and history shows that the U.S. government is not averse to locking up its own citizens for its own purposes. What the NDAA does is open the door for the government to detain as a threat to national security anyone viewed as a troublemaker. According to government guidelines for identifying domestic extremists—a word used interchangeably with terrorists, that technically applies to anyone exercising their First Amendment rights in order to criticize the government.

How the US Supreme Court Has Treasonously Destroyed America’s Democratic Republic
By Joachim Hagopian
Global Research, March 08, 2015

Anonymous said...

http://www.al.com/opinion/index.ssf/2015/03/where_justice_goes_to_die_alab.html#incart_river

Anonymous said...

https://s3.amazonaws.com/khudes/Twitter3.8.15.pdf

Anonymous said...

On The Bench

I Was Alabama’s Top Judge. I’m Ashamed by What I Had to Do to Get There.

How money is ruining America’s courts.

By SUE BELL COBB

March/April 2015

I felt trapped. I had made it to the top of my profession. I was the chief justice of Alabama, the first woman to head the state Supreme Court. It was, for a lawyer like myself, the pinnacle of achievement. And I’d earned it the hard way. To get to the justice’s chambers, I had won the nation’s most expensive judicial race that year. But at what cost?

I had needed $2.6 million to win—and that money had to come from somewhere. My opponent had raised even more, nearly $5 million in all. It’s terribly awkward and uncomfortable for a judge to have to ask for campaign money. But how are you going to win without it? My biggest concern is how shameful all of this looks to the public.

Two days after my election in 2006, I was with my daughter, Caitlin, on a school field trip when my cellphone rang. A reporter from a national legal publication was calling. Would she ask, I thought, about my election as Alabama’s first female chief justice? Or my plans for reform after holding court in some 40 of Alabama’s 67 counties over 25 years?

Read more: http://www.politico.com/magazine/story/2015/03/judicial-elections-fundraising-115503.html#ixzz3TpEmfsHa

Anonymous said...

Alabama doesn't require jurisdiction! Even personal jurisdiction as required under International Law.

The Mobile Circuit County Court can have a long-arm in Hawaii, Nevada, California, and any other state-- even for a non-resident who has never been within Alabama's territory.

Jojo Schwarzauer will cross out her signature and intentionally mislabel filings with the specific intent of them being
"untimely".

Alacourt and Just One Look documents magically disappear. Fraud upon the court and the country.


I told Judge Rosemary D Chambers that she didn't have jurisdiction over me and that filing disappeared. She also would not take judicial notice of Nevada's District Court orders and judgments, and those documents disappeared, too. What a collusion of circumstances.

She did not uphold the US Constitution under Article 6, nor the ARCP, nor her own court rules, but I'm the incompetent one!

I believe--despite Alabama's history of state rights bs--that they used a civil contempt injunction, which is very strange because I believe there is an Anti-Injunction Act and it is also an equitable remedy (district court).

I'm not a lawyer--thank God, because I have morals--and this is not legal advice--because I can probably be prosecuted by Alabama in cyberspace again--but I read a book by Owen Fiss, "The Civil Rights Injunction," and it mentioned the types of injunctions and their applications.

If you do file anything, make sure that you have the true and correct copies in paper form and check their accuracy in the electronic form. I doubt the veracity, accuracy, and integrity of documents in Alabama courts.

It happened to me at the Federal District Court here, too. There is an avoidance canon in regards to constitutional questions and the courts will do their best to leave them unanswered. Said avoidance keeps the system intact. If it involves the military or law enforcement, they will especially avoid it.

It will also be impossible to find a lawyer because they are officers of the court. I do not trust lawyers because I hired one and he maliciously sabotaged my case.

I wish you all the best and I'm glad you have a platform to tell the truth.

Anonymous said...

Very insightful comments. Am relieved to know more people are awake to the real truth that is happening to us (Poor Folk). I would say more but you guys have said a mouth full.

Anonymous said...

You said the motion was not timestamped because you filed the motion on Wednesday and the clerk's office is closed, but how did you file it. If the office is closed you couldn't file it in person, unless you waited until another day. If you did file it in person the clerk's office stamps it with a received stamp. If you filed it electronically, you would have been given a time stamp. You may have attempted to file the motion, but it doesn't appear that you actually filed it.

legalschnauzer said...

On that Wednesday, the clerk's office had a sign on the door, saying to place any documents through a slot in the door, and they would be time stamped the next day with Wednesday's date.

We followed instructions on the sign, and as far as we know, the motion was time stamped the next day, with Wednesday's date. It was hard for us to tell for sure because Riley/Duke had requested that the file be sealed. In other words, there was no electronic record of the case even existing.

Judge Neilson stated that he denied the motion, so that's a pretty good sign it was properly filed.

Are you saying it should have been granted, but it wasn't filed properly?

Anonymous said...

I was pointing out there was a possibility you were waiting for a notice on a hearing that would never have existed because there is no proof the Clerk's Office received the motion. I would have made a second trip or filed electronically so I would have a record that the Clerk's Office received it. I had not previously read anywhere about this motion, nor that the Judge verbalized a denial.

legalschnauzer said...

No, Nielson said at my one hearing before him, on Nov. 14, 2013, that he had denied my motion to quash. And my wife confirmed that she had received the denial in the mail just a few days after I had been arrested.

That's one of many reasons I was dumbfounded when Officer Blevins showed up at our house. I knew I had filed the motion to quash, challenging service. And by law, that means there must be a hearing where plaintiffs prove service was lawfully conducted.

No such hearing was held, probably because the record clearly shows service was unlawful, and Riley/Duke could not possibly prove otherwise. That I was arrested while the motion to quash was pending just adds to the gross unlawfulness of the whole procedure.

As for filing electronically, my wife and were acting pro se and had no way to file things electronically. We followed directions posted at the courthouse to the letter, and the motion was in fact filed and acted upon--unlawfully.

This told me, for sure, that Neilson was a crook. I knew it even more when I went before him on Nov. 14 and he ignored the holdings in Near v. Minnesota.

Anonymous said...

Your "Motion to Quash" was the longest load of shit I have ever read. I've known several people like you over the years. I call you all the Perpetual Victim Squad. Most people who suffer from Bi-Polar Disorder, or Borderline Personality Disorder enjoy playing the role of the victim. It was painfully obvious that you left out key pieces of information to paint your side of the picture. This is a necessary action by BPD patients, because they must change the facts of the event in order for their reality to be legitimized, and for them to maintain credibility. By the way, the reason why you never had a hearing on your "Motion to Quash" was because it was baseless. Your motion was denied. You're aware that your motion was denied, and you received notice that your motion was denied. You left that part out intentionally. You don't need to have probable cause to serve a paper. The need for service created the purpose of the traffic stop. Good luck to you. I hope you get the help that you need.

legalschnauzer said...

Oh, my, our panties are really in a bunch today. Why is that?

You resort to name calling and phony medical diagnoses, the last resorts of the man who has nothing left to say. Of course, you had nothing to say from the outset.

You seem to know "facts" regarding a case that does not involve you. I wonder what personality disorder covers that. Instead of diagnosing me, maybe you should diagnose yourself.

You obviously have no clue about constitutional law, or any other aspect of law, so I'm not going to take much time to address the rubbish in your comment. It's laughable on its face.

I would love to know what facts I left out of my Motion to Quash. You seem to enjoy being clueless, but a Motion to Quash puts the burden on plaintiffs to prove service was completed properly. By law, such a motion cannot be dismissed out of hand, without a hearing to see if plaintiffs can meet their burden. On top of that, it's a matter of public record that I was in jail, so I never received notice regarding the Motion to Quash.

Here is your best one yet: "The need for service created the purpose of the traffic stop." Do you enjoy being that ignorant? Is it fun to go through life that way? Must be because you have no clue about the fourth amendment.

Food for thought: Have you ever seen a transcript of Officer DeHart's supposed testimony re: service? If one exists, it likely would show that he lied under oath, also known as perjury, also known as a felony. Wonder how Officer DeHart's testimony would stack up against evidence from his vehicle and SCSO communications. Probably not very well.

Good luck to you and the blinders you have so firmly in place.