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In America? "A delusional belief held only inside the mind of Birnbaum" - Judge Ron Chapman, $125,770 unlawful Court FINE how this INSANE FINE came to be There was not even a case left in the court - had not been for FOUR years - had NOT been the trial judge, therefore cannot sign ANY judgment or ANY sanction. PERIOD. Also PLUM UNLAWFUL unconditional punishment done by civil process. Also patently ARBITRARY and EXCESSIVE. In America? Started (1994) with my neighbor (deceased) complaining about BEAVERS (deceased) - but suing me for violating the Texas Water Code. ALL FRAUD. (co-mingling BEAVER dams - with a dam I was supposed to have built) Van Zandt Courthouse Beaver Dam Scheme (YouTube) - good short intro Got a unanimous verdict of exactly ZERO damages - but Judge James B. Zimmermann (deceased) nevertheless wanting to put $10,000 attorney fees against me. ALL FRAUD. The Court in Trump Mode Emergency Motion for Relief from Twelve Giant Hogs as signed PDF Wacky Deposition - beavers 101 times Transcript - ALL WEEK trial - search for "beavers" 160 times! Petition to set aside Next, a Dallas Lawyer, G. David Westfall (deceased) talks me into paying him an up-front $20,000 non-refundable pre-paid retainer - to file a federal civil racketeering suit ("civil RICO", "pattern of racketeering activity") against Judge Tommy Wallace (deceased), Judge James B. Zimmermann (deceased), etc. etc. Things go really screwy in the Dallas Federal Court. Westfall tells me our judge, Judge Jerry Buchmeyer "never saw our case" . I fire David Westfall. SIX months later he concocts an additional $18,000 in "legal fees" - and sues me claiming an UNPAID OPEN ACCOUNT. No such account ever existed, was a pre-paid retainer "letter memorandum of understanding" - "to make time available" - "we retain the right to terminate ... .. for [your] non-payment"). The suit against me was ALL FRAUD. retainer agreement fraudulent suit Next: fraudulent jury instructions and questions unlawful sanction of $62,885 unlawful sanction of $125,770 My sworn complaint OFFICIAL NOTICE "Oh what tangled webs we weave ... ... When first we practice to deceive" a little bit about me I was eight years old, in Germany, as a German, at the end of World War II, survived Hitler, came to the US as a thirteen year old hardly speaking any English - then in my dodage years comes this damn fraudulent BEAVER DAM MESS upon me! My coming Book - a little bit about Germany, World War II, our little village, village life. Our school was one classroom - eight grades - all at the same time. One teacher who lived in the schoolhouse. One outside hand water pump. One two-holer outhouse - across the village dirt street. No text books, paper, or pencils - we scratched on slates! Few pictures. But we missed ALL of the war. NOTHING was bombed, no one got hurt, NEVER went hungry. Lived off our garden and RABBITS. Never saw a soldier till the Americans came. Details My coming Book NOTE: Web design by me. Microsoft Expression Web 4 - free version. Originally Microsoft Front Page. Older "stuff" mainly towards bottom of page |
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Started over natural BEAVERS. All FRAUD - and morphing into retaliation - by the Court. "batshit crazy" - where the term comes from - interesting Sworn Criminal Complaint against Judge Paul Banner Unlawful $62,885 Court Fine w Exhibits Details - Judge Paul Banner Unlawful Court Fine of $62,885 - for me having made a counter-claim when sued - a First Amendment Right. CRAZY Details - Judge Ron Chapman Unlawful Court Fine of $125,770 - additional FINE - for complaining - about the above $62,885. CRAZY Details - Judge Paul Banner fraudulent jury instructions and questions Earlier Complaint about Judge Paul Banner - to Van Zandt District Attorney Chris Martin w Exhibits Much earlier Complaint about Judge Paul Banner - to then Van Zandt District Attorney Leslie Dixon in 2003 w Exhibits (she let me present this to the Grand Jury - then argued against me all the time - "you need a lawyer", "this is a civil matter"). HELL NO - THIS IS A CRIME! Notice of Securing Execution of Document by Deception - to the Van Zandt "powers that be" signed w exhibits (Penal 32.46, First deg. felony because of the huge sums) Judge John Ovard - Get this Madman off My Back - My THIRD Motion for Recusal of Judge Ron Chapman - after he just got assigned to the stupid BEAVER dam case, and long AFTER he had put that stupid $125,770 FINE upon me - "to stop Birnbaum and others like him" - "from filing lawsuits" - a First Amendment Right. PUBLIC NOTICE - Looks like I need to put myself into JAIL to be HEARD signed and sworn (Look up "mens rea" and "actus reus") Issue before the jury is going to be whether I was doing "criminal trespass", "loitering", "threats", etc - or whether there was INTIMIDATION and RETALIATION upon my report of a CRIME - at the very scene of the crime. THE DIARY OF A MADMAN ("there are in the world many undiscovered madmen as adroit and as much to be feared as this monstrous lunatic") The entire court proceedings was fraud. - perpetrated by Judge Paul Banner. I was sued to collect on a supposed "unpaid Open Account" - when there was no such account AT ALL - with Judge Paul Banner aiding and abetting by giving fraudulent jury instructions and questions to the JURY. (Did not instruct the jury what "Open Account" was, did not ask them if such even EXISTED, i.e. if there existed "systematic sale and delivery". Details in the Appeals briefs and my criminal complaints. Petition for Writ of Mandamus to make Judge Paul Banner appoint an AUDITOR Appendix - Early precise pleading to the Tyler Court of Appeals as to why Judge Paul Banner's failure and refusal to APPOINT AN AUDITOR as he was required to per Rule 172 on suit on "open account" - was "inconsistent with due process". (i.e. "extrinsic" fraud by Judge Paul Banner) An auditor would have STOPPED the Westfall and Judge Banner fraud in its tracks! Open letter 1 Open letter 2 Open letter 3 Petition for Declaratory Relief to the Tyler Federal Court w Exhibits - for relief from Judge Paul Banner $62,885 unlawful sanction. 136 pages of court "stuff" SHORT INTRO - VIA THE SEVEN (7) SWORN COMPLAINTS - very detailed and specific. (links to this page down below) Appeal to the Dallas Appeals Court Petition upon the Dallas Appeals Court Ruling Appeal to the Texas Supreme Court Appendix to the Texas Supreme Court Appeal to the US Supreme Court |
UDO BIRNBAUM, 540 VZCR 2916, Eustace, TX 75124, (903) 479-3929, BRNBM@AOL.COM, www.OpenJustice.US, hosted as www.CourthouseAwarenessNews.COM. Web design by me. Microsoft Expression Web 4, free version. 8-2-2019 MISSION STATEMENT This website as a WARNING and TUTORIAL of just how outright EVIL, DEVIOUS, and CRIMINAL a COURT, JUDGES, and LAWYERS can get. WHY I need to get them to ARREST me (PDF) Synopsis of Evil - The Emperor has no Clothes (PDF)
They have been "noticed" in each other's
presence: (AUDIO) With TWO such 17x11 signs, one in each hand over my head, I so presented myself into our courtroom. Here is the AUDIO. (MP3) - very short but precise. Was jury selection day - for 80 or so criminal cases.
Intro - START here Van Zandt Courthouse Beaver Dam Scheme (YouTube) same - hosted off this site. How it all started - all fraud. Good "first time" OVERVIEW. Extra, my Big East Texas Rat Snake unwinding (YouTube) Happy April Fools Day - (same material as text) Judge Ron Chapman puts Unlawful FINE of additional $125,770 upon me, for complaining about the Unlawful FINE of $62,885 that Judge Paul Banner had put upon me. Judge John McCraw threatens me with SIX months in JAIL. (Audio) full court transcript Nice Man, avid dinosaur bone hunter - better informed about that. Likewise finds me a "nice person" - good TUTORIAL - told me to "next time, bring your toothbrush". Suit I had filed Suit w attach more more more more District Attorney investigator threatens me with JAIL (Audio) - He immediately shuffles me outside into the raw January cold - because "the walls have ears" - then threatened to "personally put the handcuffs" on me - if what I said was not true. Told me to "stay quiet". Not to show up at the DA again - HE would contact ME, - but did NOT. So again to the DA Office. District Attorney investigator immediately shuffles me OUTSIDE again (Audio) - "Mr. Birnbaum, what are you doing here?" - I hand him more paper. Tells me to "stay quiet" again. Then never hear from the SOB again. So I show up again at the DA Office again. - see next Our District Attorney himself threatens me with JAIL - for "criminal trespass" my that morning go-by (Audio) my that afternoon follow up (Audio) My criminal complaint about the District Attorney - to the District Attorney w Attach - that is when "the fit hit the shan". Regarding the DA's claim that I had not provided "sufficient evidence": ("I do not believe you have articulated a criminal offense with sufficient evidence to merit an investigation or prosecution") - that is BULLSHIT. My evidence w Exhibits Pre-Admittance at our JAIL? (Audio) - My inquiry about the "jail services" there. "We feed our inmates", "all you'll be able to bring - are your glasses" (Judge John McCraw had told me to bring my toothbrush) Tyler FBI tells me to "just shoot them" (Video) - hard to believe - but true - coming. Other suggestions: "just borrow the money" ($500,000 or so?) - to pay them off. Else "bankruptcy", else "see if they will maybe settle for "$50, or so". Notice of Intent to Confront Court I may need to put MYSELF in JAIL - if necessary - to establish my RIGHT - by JURY TRIAL - to thus petition my government for relief - by such as my appearance with WHEELBARROW, PLASTIC CHAIR, GARBAGE CAN, TOILET PAPER, POTTED PLANT (with the roots UP) etc. and other items that cannot be mistaken as posing a physical threat 25 minutes "with" Judge Banner (Audio) my spoof Assignment to Pass out Pumpkins Why not? Judge Banner had not, and was not going to go by the law. This hearing upon Application for a Writ of Scire Facias to Revive an Order Orders do NOT go "dormant". Something really stinks. A court is FORBIDDEN to “sanction” upon the merit of a case – only upon conduct of a party – and Judge Paul Banner was caught (by the court reporter) finding me well-intentioned - “In assessing the sanction, the court has taken into consideration, that although Mr. Birnbaum may have been well-intentioned, and may have believed that he had etc". As caught by the court reporter - 'well-intentioned' as by Judge Paul Banner - $62,885 - ALL VENOM as by Judge Ron Chapman - $125,770 - ALL VENOM Also see: Happy April Fools Day |
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Details of the Extrinsic Fraud in the Texas 294th District Court of Van Zandt County - i.e. "fraud by the court" - as I appealed on up the line
Before the fraudulent "BEAVER DAM" suit upon me, I was peacefully RETIRED on my farm, taking care of my cows and invalid 90 year old mother, and had only known the courthouse from getting LICENSE PLATES! The "Beaver Dam Scheme" suit Now I am accused of "living in the courthouse", "vengeance and anger towards the legal system", and sued for "libel", "libel and slander", etc., "with malice", and for causing a lawyer "to suffer from stress, anxiety, and loss of confidence", and loss of the "benefits of social intercourse", etc. ad nauseam. Lawyer's suit for libel and slander And $700,000 or so (with the 10% interest since 2002) in unlawful judgments and liens against me - (I surely don't have that kind of money!) But the real EVIL - is Texas "senior visiting" Judge Paul Banner! assessing a $62,885 FINE on me for - upon me being sued - for making a "well - intentioned" (Judge Paul Banner, as caught by the court reporter!) counter-claim - a First Amendment Right! criminal complaint - text only criminal complaint - w exhibits Hearing (AUDIO) "with" Judge Banner. And for context and background, Happy April Fools Day - would be funny - if it were not so EVIL. And for more "depth" - Hearing (AUDIO) before Judge John McCraw re Judge Paul Banner. Listen for YOURSELF! Judge Banner was present! Good law in there on Due Process and First Amendment. Related documents: Oral Pleading in Writing Assignment of Judge Banner Assignment to Pass out Pumpkins Suit to declare these judgments as NULL Amended suit to declare these judgments as UNLAWFUL (damning) w exhibits Hey, FBI - time to pick them up But the real QUESTION - upon Judge Paul Banner - why would Judge Paul Banner do this upon me? And keep on doing such upon me for TWELVE (12) YEARS? What does he have to gain? Whose bidding could he be doing? The "Westfall Bunch", to whom he shoveled all these FINES? Judge Mary Murphy, Presiding Judge First Administrative Judicial Region, who keeps on assigning him? I would NOT think so. So WHY? WHY? WHY? Short ANSWER - "Oh Horror of Horrors" - a Pro Se whistle-blower - (me) countering with a civil RICO ("civil racketeering") claim - as encouraged by no less than the US Supreme Court in Rotella vs Wood ("private attorneys general") - and as permitted in State Court - per US Supreme Court Tafflin vs Levitt - bringing a counter-claim - in full legal conformance - upon a "pattern of racketeering activity" - claiming abuse of the 294th District Court - as the "enterprise" ("affecting interstate commerce") per definitions in the RICO statute - and entering such counter-claim - in the VERY 294th District Court - in which I was being fraudulently sued! "Oh Horror of Horrors!" Judge Paul Banner Admission (re RICO) - as caught by the court reporter! for details and the law on civil RICO: Petition for Writ of Certiorari to the Supreme Court of the United States Also Hearing (AUDIO) before Judge John McCraw re Judge Paul Banner Listen for YOURSELF! Judge Banner was present! Short ANSWER - "Oh Evil of Evils" - Judge Paul Banner, in furthering the Westfalls' unlawful scheme - as the OPPORTUNITY AND MEANS to execute HIS OWN unlawful scheme of Official Oppression - of course makes him a 100% ACCOMPLICE in THEIR scheme of SECURING EXECUTION OF DOCUMENTS BY DECEPTION - FIRST DEGREE FELONY Penal Code 32.46 because of the HUGE amounts involved - SEVEN YEARS statute of limitations - running anew upon Judge Paul Banner in 2014 re-executing the original crime - by "revival" of all HIS unlawful 2002 assessments - as had by 2014 gone "dormant" - Details in the criminal complaints, below. Hey, FBI - time to pick them up WELCOME ABOARD - and WARNING - "Ladies and Gentlemen" - Whosoever, having been ON this "tar baby" - we are now on our SIXTH judge in cause 14-00266 (Judge Teresa Drum, Judge Randall McDonald, Judge Joe Leonard, Judge Richard Mays, Judge Joe Clayton, and now Judge Don Metcalfe). Plus TWO in the underlying 00-00619 fraudulent "Open Account" cause (Judge Paul Banner, Judge Ron Chapman). Plus TWO more in the under-underlying fraudulent 0095-0063 BEAVER DAM case (Judge Tommy Wallace, Judge James B. Zimmermann). Plus THREE more in all the other causes: (Judge Don Jarvis, Judge Andrew Kupper, Judge John McCraw). Plus THREE First Administrative Judicial Region judges (Judge Pat McDowell, Judge John Ovard, Judge Mary Murphy). Plus TWO District Attorneys, and now ONE extra "attorney pro tem" (look up the term) - Plus WHATEVER other judges and other assorted kinds - all the way up to the Supreme Court of the United States - SHAME ON YOU! Plus TWO all week jury trials. ALL OF YOU, having RECEIVED, or now having KNOWLEGE OF these criminal complaints, and in spite of your sworn duty to "preserve, protect, and defend etc" - NOT doing so - WELCOME ABOARD! CEASE AND DESIST - text only CEASE AND DESIST - w exhibits - (7.0MB) Criminal Complaint to Van Zandt District Attorney - re Judge Paul Banner - plain tutorial language - very early 2002 criminal complaint to then District Attorney Leslie Dixon. She actually let me present this to her GRAND JURY - then argued against me ALL THE TIME.
SHORT INTRO - How did this seemingly "simple" fraud - over a natural BEAVER DAM - in a natural creek - get so out of hand - to $700,000 or so in judgments and liens - NO UNDERYLING DAMAGES - of any kind - all fraudulent "attorney fees" - and attorney fees for suing for "attorney fees"? The [$85,000] "judgments" and [$62,885 + $125,770] "sanctions" - on their faces in violation of the First Amendment and due process - and NOBODY in law enforcement will do anything about it - see below. Been going on upon me for TWENTY (20) YEARS. That is how this site came to be - because NOBODY in law enforcement will do anything about it. So, enough is enough - and here I AM! For a fast-paced general intro, read Happy April Fools Day . For those seeking a more "legalese" format, read Petition for Writ of Certiorari to the Supreme Court of the United States, and for details, the TWO (2) layers of appeal courts documents (Texas 5th COA in Dallas, Texas Supreme Court) in between - see below. "The Emperor has no Clothes!" CEASE AND DESIST - text only CEASE AND DESIST - w exhibits - (7.0MB) SHORT ANSWER - I have thought about this quite a bit - over the last 20 years. It has to be, that either 1) THE WHOLE SYSTEM IS CORRUPT AND OUTRIGHT CRIMINAL - or 2) SOME OF THESE GUYS ARE JUST PLUM NUTTY - - and plum evil underneath, but it does not normally show - with TWO lawyers in there to sort of keep the "queen bee" (the judge) from doing anything too idiotic. My experience is mainly with these senior "visiting judges" types -- that it is some sort of "occupational disease" - - like from sitting on high perches -- and having lost touch with reality from watching "the lawyer show" for too long -- else some kind of "stupid virus" that they catch between each other. Their conduct becomes "problematic" with ONE lawyer missing - - and plum idiotic when there is NONE. Official Oppression and Abuse of Official Capacity - by Judge Joe M Leonard w exhibits . Likewise with the idiotic hearing before Judge Ron Chapman - to recuse Judge Paul Banner (remove him from the case) - there was NOT EVEN A CASE left in the court! Happy April Fools Day. SHORT INTRO - via AUDIO - step right into the fire with me - REAL COURT HEARINGS - real "doozies", but good constitutional law in here: Hearing "with" Judge Paul Banner - evil beyond belief - me lecturing him about his unlawful "assignment" for this hearing, comparing it to my spoof Assignment to Pass out Pumpkins from his "perch". Hearing before Judge John McCraw - re Judge Paul Banner - hearing was about this suit, Judge John McCraw told me to "bring your toothbrush" (for SIX months in jail) - if he ever saw me again! On the lighter side: Pre-Admittance at our JAIL? "we feed our inmates" "all you'll be able to bring - are your GLASSES" (no "toothbrush" - I suppose?) SHORT INTRO - via the criminal complaints - These sworn "packages" - each with sworn evidence - can serve as a sort of "executive summary" over this whole sorry mess - evincing the very fraud from the start via a suit claiming an "open account" - for "legal fees" (there just ain't no such animal) - and Judge Paul Banner "aiding and abetting" all along - including unconscionable questions and instructions to the jury - and unlawful "sanctions" of $62,885 for having made a "well-intentioned" (judge Banner's phrase) counter-claim (a First Amendment Right at that). [1] Securing Execution of Document by Deception - re 1st judgment w exhibits [2] Securing Execution of Document by Deception - re 2nd judgment w exhibits [3] Securing Execution of Document by Deception - re 3rd judgment w exhibits [4] Official Oppression and Abuse of Official Capacity - by Judge Paul Banner w exhibits [5] Official Oppression - by District Attorney Chris Martin w exhibits [6] Official Oppression and Abuse of Official Capacity - by Judge Joe M Leonard w exhibits [7] Earlier Complaint - re Judge Paul Banner - text only Earlier Complaint - re Judge Paul Banner - w exhibits Ready "assortment" for the DA to take to the grand jury - except for one little problem - ONE of the complaints - is upon the DA - no. 5 above. Also, more below. NEW - not as sworn criminal complaint - but as OFFICIAL NOTICE to the "court majors" - the real EVIL - the DRIVING FORCE - is JUDGE PAUL BANNER - wanting to PUNISH me for having made a counter-claim when I was sued - (he said so - and DID so). A court by CIVIL process CANNOT PUNISH for something in the PAST! - PERIOD. Much less so for exercising a First Amendment Right! - yet he did it anyway! (Note: civil process pseudo "punishment" is strictly to coerce one - into doing - or not doing something. "keys to own release") OFFICIAL NOTICE - as sent OFFICIAL NOTICE - no attach OFFICIAL NOTICE - w attach . Also, here again, earlier CEASE AND DESIST - text only CEASE AND DESIST - w exhibits - (7.0MB) Also, here again, 2002 much earlier Criminal Complaint to Van Zandt District Attorney - about Judge Paul Banner FOLKS - I do not want to have to take a TWO BY FOUR across your heads - BUT THIS IS OUTRAGEOUS! Hey, FBI, where are you? Time to come and pick them up. MAJOR SUPPORTING DOCUMENTS - With all this briefing - these guys KNOW - but ... ... Criminal Complaint to Van Zandt District Attorney - re Judge Paul Banner (in 2002, VERY specific - that time Van Zandt DA Leslie Dixon actually let me present this to her Grand Jury - and then ARGUED against me the whole time - ("this is a civil matter - you need to go to a lawyer, etc") in the Texas Dallas Fifth Court of Appeals: Brief for Appellant Appellees' Brief Appellant's Reply Brief Motion for Trial Judge to Produce Findings To Judge Banner - what the hell is going on? Objections to Just Made Findings Motion for Oral Argument Petition for Rehearing En Banc in the Texas Supreme Court: Petition for Review Appendix to Petition for Review in the US SUPREME COURT: Petition for Writ of Certiorari (PDF, very specific) Some of the Latest: Hearing before Judge Joe M. Leonard - he screws up real bad - gets himself bounced off the case - immediately - upon my my criminal complaint upon him. Judge Richard Mays assigned - I have declared "ready for trial" - to show to a jury - for a "finding", that these pieces of paper ("judgments") - do IN FACT - violate the law! "The right of trial by jury shall remain inviolate". Texas Constitution, Article 1 Section 15. Texas Right to trial by jury in ALL cases is unique! Texas makes NO distinction regarding suits in "common law" and in "equity". Detail later. Too late for press: Judge Richard Mays off. Judge Joe Clayton off. We now have Judge Don Metcalf. In the 294th District Court to start - then to the County Court at Law - and now back into the 294th again. County "out of money" for "visiting judges". (In the District Court - the State picks up the tab) This whole mess has cost the STATE and County a BUNDLE - for me, mainly TIME - but I learned a lot - and certainly encountered some really strange "specimen". Curious issue is why Judge Mary Murphy "transferred" this "tar baby" case into the Court at Law in the first place - it is "highly customary" - to send a "visiting judge" - INTO THE COURT - that requested "assignment" in the FIRST PLACE! EVEN THE DA - our very own Van Zandt District Attorney - aiding and abetting the evil in the COURT) DA setting me up for criminal trespass by maligning me to law enforcement I counter with SWORN COMPLAINT of Official Oppression as notarized BACKGROUND: From DA - "yes, we prosecute official oppression" To DA - Complaint of Official Oppression To DA - Complaint of securing execution of documents by deception From DA - sorry response one gets To DA - "please explain re why not a crime" To DA - "please explain re statute of limitations" SWORN COMPLAINT - Securing execution of documents by deception re THIRD judgment w exhibits SWORN COMPLAINT - Securing execution of documents by deception re FIRST judgment w exhibits To DA - email "DO THE RIGHT THING MR. DA" re my 8-6-2015 stopping by at the DA From DA - our DA is setting me up for criminal trespass To DA - my inquiry as to all his "COPY TO" SWORN COMPLAINT of Official Oppression as notarized SO ASK YOURSELF (or your DA) - "WHY such hard come-down - for me just petitioning my government (the DA). ("DO THE RIGHT THING MR. DA"). The underlying "ELEPHANT IN THE ROOM" was of course - Official Oppression and "inconsistent with due process" in the 294th District Court - BY JUDGE PAUL BANNER - and now the DA "blowing smoke" all around - to put out the fire I was trying to light under him. THE ROOT OF THE EVIL - our very own 294th District Court of Van Zandt County - and all the way up the line - to the very NINE robes at the very top (supporting documents, below). Complaint of Official Oppression Complaint of Securing Execution of Documents by Deception Response from Van Zandt District Attorney (they swept it under the rug!) Motion for Recusal of Judge Paul Banner Petition to Set Aside Order Reviving Judgment Petition to Set Aside Judgments What this is all about -- RETALIATION by "Abuse of Official Capacity" - to make an example of a Pro Se DEFENDANT - who vigorously was NOT ENTIRELY STUPID -- "to stop Birnbaum and others like him" -- "a delusional belief held only inside the mind of Birnbaum" FIRST JUDGMENT: Fraudulent Court's Charge to the Jury SECOND JUDGMENT: Unlawful Sanction of $62,885 THIRD JUDGMENT: Unlawful Sanction of $125,770 JUST READ THIS STUFF. A window into their minds! Did they just get caught this time - because I had no lawyer and "not entirely stupid"? Or do this stuff all the time? First Interrogatories to Judge Paul Banner First Interrogatories to Judge Ron Chapman Civil RICO suit against Judge Paul Banner BEAVER DAM Madness: Petition to Set Aside Judgment of Injunction Judge John Ovard - Get this Madman off My Back NEW: Corruption of the judicial machinery itself: Original Petition for Injunctive Relief Get these damn courthouse criminals off my back! CEASE AND DESIST (7.0MB w exhibits) as Text Only Enough is Enough: Oral Pleading in Writing Oral Pleading in Oral - (AUDIO) Assignment of Judge Banner Assignment to Pass out Pumpkins THE DIARY OF A MADMAN Hey, FBI - time to pick them up: Suit to declare these judgments as NULL (a damning concise summary) IN THE COURT AT LAW - How did this matter wind up in the inferior Van Zandt County Court at Law - to "rule" on the lawfulness of what its superior sister, the 294th District Court of Van Zandt County, had done? I had tried, in the 294th, in the old No. 00-619 Westfall case, Petition to set aside Judgments and Petition to set aside Order Reviving Judgment (the judgments had gone "dormant?" after TEN years?) - with NO response by the Court - except same "visiting" judge Paul Banner - who was the object of the all the "unlawfulls" in the first place - denying "Motion to Reconsider" - where there was of course no such motion at all - and no authority whatsoever to even "reconsider" -- that old 2002 stuff having gone "final" in 2002 - in 2014! (legalese: "plenary power had expired") So, out of pure desperation, I finally entered, in the 294th, new suite No. 14-00266 as Original Petition for injunctive relief - against the "Westfall Bunch" - to forbid them from using these unlawful frapping "pieces of paper" - i.e. these "judgments". Then amended the suit to First Amended Original Petition to Declare three judgments as inconsistent with due process, unlawful, criminal, and void w exhibits - (the mere title says it all!) - taking the "Westfall Bunch" out of the case - without ever having served suit on the Westfalls, i.e. NO DEFENDANTS in this cause at all. (except the "three pieces of paper?) This had a MAJOR impact - although I had not thought it out that way - turning common "litigation" - into extraordinary "petitioning" of government" - for "redress from grievances" (First Amendment). Even the judges did not see this one coming - i.e. (3rd) judge Joe Leonard - and my criminal complaint upon Judge Joe Leonard - upon his unlawful "vexatious litigant" PREFILING ORDER (last page of the complaint). continued - Then filed (still in 14-00266 in the 294th) Notice of Concurrent Criminal Complaint w exhibits. That is when the "fit hit the shan" - i.e. the immediate Order of Voluntary Recusal - by (1st) judge Teresa Drum - followed by the immediate Order Transferring of the cause into the inferior Court at Law (to rule on the lawfulness of what its superior sister court had done?) - by First Administrative Judicial Region Presiding Judge Mary Murphy (she does NOT have authority to "transfer" cases, only to "assign" judges - of course into the SAME court where the judge had "recused" off the case) - followed by the immediate Order of Voluntary Recusal - by Court at Law (2nd) judge Randall McDonald - and the Order of Assignment by the Presiding Judge - of "visiting" (3rd) judge Joe M. Leonard - followed by my "how the cow eats the cabbage" Synopsis upon Transfer and Plea to the Jurisdiction and Sanity (the name says it all) - as to this crazy transfer into this Court at Law - also clearly outside the $200,000 jurisdictional limit of the Court at Law - and certainly NOT with the required "agreement" of Court at Law Judge Randall McDonald - as required for a TRANSFER, followed by, upon my strong pushing, of Notice of Court Setting - followed by all kinds of fur flying: badmouthing by the non-defendant Westfalls! (they showed up for the "hearing"!) short "out" - very important "aside" to the "fit hit the shan". Lawyers are FORBIDDEN to raise a criminal issue in "litigation" - it is deemed "raising a criminal issue to gain an advantage in litigation" - or something like that - and they can loose their license. Such rules of course do NOT apply to a self-representing Pro Se, where the issue, the ONLY issue - is "unlawful" - and no opposing party at that. That is why the "fit hit the shan" - upon my criminal complaint - and everybody, instead of doing their duty - per their oath of office - and let the petitioner of government - me - petition his government (the judge) for redress of grievances under the First Amendment - ALL SCATTERED like a bunch of cats! And ever after. That is why we have our SIXTH judge! (Plus TWO more "voluntary" recusals by then judge Tommy Wallace and judge James B. Zimmerman in the way down underlying BEAVER DAM mess! SORRY STATE OF AFFAIRS. SHAME. continued - "The Rest of the Story" is best told by my sworn criminal complaint (read it - very informative) upon what (3rd) judge Joe M. Leonard had "put" upon me at his "hearing" - i.e. declaring me, without due process - as a vexatious litigant - and ordering the clerks of BOTH courts to inform the State of Texas - to "post" my name on the web - ALL punishment upon me for petitioning my government (Judge Leonard) - under my First Amendment Right - for redress from what my government (the 294th) had done to me - (it was not "litigation" - there was no "opposing party"). And again, Judge Joe M. Leonard ruled upon NOTHING in the case - except for his unlawful "vexatious litigant" Prefiling Order. Truly amazing! SHAME. continued - next comes tortured assignment of (4th) judge Richard Mays - who sets aside the Judge Joe Leonard unlawful Prefiling Order with Order Vacating and Setting Aside Prefiling Order. Only problem - Judge Joe Leonard had additionally issued Amended Prefiling Order, so Judge Richard Mays had to additionally set aside that unlawful order with tortuous worded Amended Order Vacating and Setting Aside Prefiling Order and Amended Prefiling Order - clearly stating what I had stated in my Criminal Complaint upon Judge Joe Leonard - that it was plum unlawful what Judge Joe Leonard had done upon me - upon petitioning my government - i.e. official oppression. And, without addressing any of the UNLAWFULLS in my petitioning before the court - Judge Richard Mays disappears. Regarding Judge Mary Murphy's ridiculous "appointment" of Judge Richard Mays - to be the "local administrative judge" - of Van Zandt County - but for me and me ONLY - such is of course plum ridiculous. Judge Murphy cannot "appoint" at all - that can only be done by an executive officer - like the governor - with confirmation by the Senate! SHAME. continued Next - Assignment of Judge Joe Clayton, followed immediately, upon my suggestion, by Voluntary recusal of Judge Joe Clayton. Next, our SIXTH (6) judge - Assignment of Judge Don Metcalf. SHORT "TAKE" ON "VEXATIOUS LITIGANT" - google on "texas vexatious litigant list" - or something like that. The Oct. 14, 2015 official Texas web site list me as the NEWEST on the list, the FIRST EVER from Van Zandt County - since they started keeping records - in 1998! See my Official Oppression and Abuse of Official Capacity - Judge Joe M Leonard w exhibits
START - CONSTRUCTION ZONE --the BEAVERS are down below SHORT "TAKE" ON STATUS - in the Van Zandt County Court at Law. Before the Court, indicative of the "flavor" of this cause, the following: [1] First Amended Original Petition to Declare Three Judgments as inconsistent with due process, unlawful, criminal, and void w exhibits [2] Notice of Concurrent Criminal Complaint upon this Matter w exhibits [3] Synopsis upon Transfer w exhibits – the absurd unlawful “transfer” of this cause, and [4] Plea to the Jurisdiction and Sanity. Setting for Oct. 8, 2015 before Judge Joe M. Leonard was for Plea to the Jurisdiction and Sanity. Instead of addressing what was on the agenda, Plea to the Jurisdiction and Sanity - that this case does not belong in this court - and taking a cue from "The Westfalls" - who were not even a party - and "lights in" upon me - just like Judge Paul Banner had done for "The Westfalls" in the 294th no. 00-619 - which matter I was complaining of in THIS cause! And just like Judge Paul Banner - he puts an unlawful unconditional (no "keys to own release") contempt on me - by civil process - "turning me in" as one of those awful "vexatious litigants" to the State web site. continued- And I was not even "litigating" (i.e. two adverse parties) - It was just me, Pro Se, petitioning my government (Judge Joe Leonard) per my First Amendment Right, for relief from what my government (Judge Paul Banner, the 294th) had done to me. Judge Joe Leonard does not "rule" on what what was before the court for today - or ANYTHING else before the court - just out of the clear blue sky unlawfully and wrongly declares me a "vexatious litigant" with his all-screwed-up Prefiling Order (details later), orders the clerks of BOTH courts (294th, Court at Law) to turn me in to the State to post onto the web - I am the FIRST and ONLY "vexatious litigant" from Van Zandt County - since they started this mess in 1998! Go google on something like "texas vexatious litigant list" - even has the all screwed up Prefiling Order. (more to this mess down later - the court had to "eat crow" - not once - but TWICE! continued - I type up Criminal Complaint of Official Oppression upon Judge Joe Leonard - text only w exhibits, e-mail it to First Administrative Judicial Region Mary Murphy - who had assigned Judge Leonard in the first place - and presto third (3rd) judge Joe Leonard immediately gets himself bounced off this case by Judge Mary Murphy's Order - and we next have our (4th) judge - Judge Richard Mays - assigned not only to "try" the case - but appointed as the "local administrative judge" - for my case ONLY - and ONLY for the purpose of providing me with a "local administrative judge" - to rule on such other litigation as I might want to file in the 294th or the Court at Law - BOTH of the Van Zandt County local administrative judges, i.e. 294th Judge Teresa Drum, and Court at Law Judge Randal McDonald having previously "voluntarily" recused themselves off this "tar baby" case! Talk about idiotic! (Note: The Judge Joe Leonard stupid Prefiling Order required me to present any new filing to the "local administrative judge" - BUT THERE WAS NONE! Next shows up Judge Leonard's hurried Voluntary Order of Recusal (THIRD "voluntary" in this cause) - and his still-all-screwed-up Amended Prefiling Order. Judge Richard Mays now assigned - not only to "try" the case, but to be the "local administrative judge" for the 294th District Court and the Court at Law - but ONLY for matters regarding me, Udo Birnbaum, to provide me a place to get "permission" to file in the court - per the screwy Judge Joe M. Leonard Prefiling Order - BOTH of the "local administrative judges" having "voluntarily recused themselves. Even my Plea to the Jurisdiction and Sanity - did not cover such insanity! Too late for press - Judge Richard Mays OFF - yet another (No. 5) - Judge Joe Clayton www.judgeclayton.com/home.php (Judges Drum, McDonald, Leonard, Mays, now Clayton!) continued - I have declared "ready for trial" - to show to a jury - for a "finding", that these pieces of paper ("judgments") - do IN FACT - violate the law! As for the Texas Right for trial by jury: "The right of trial by jury shall remain inviolate, The legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency". Texas Constitution, Article 1 Section 15. Texas Right to trial by jury in ALL cases is unique! Texas makes NO distinction regarding suits in "common law" and in "equity". I am not a lawyer - but as I read the law, suits at "common law" are the likes of where one sues another, for the likes of negligence - for damages, an injunction, and the likes. Suits at "equity" is where one "sues" - or rather "petitions" - to correct some "wrong". Historically there were courts for common law, and separate courts of equity. Delaware is the only state that still has separate courts. But the distinction between the "type" of case is still carried into the right to trial by jury - except in Texas! As for "such laws as may be needed to regulate" - that is the rules of civil procedure - like "summary judgment" and the like - which does NOT apply to this "case" - there is no party on the other side - to bring such motions. But no telling what Judge Richard Mays "may" or "may-not" do. Nobody else has abided by the law! Anyhow, I have declared "ready for trial" - by a jury! SHORT FLASHBACK - to the "beaver dam scheme"- That was in the 1994 - 1998 - 2006 time frame - in our very own 294th District Court of Van Zandt, in 1998 under District Judge Tommy C. Wallace - long before District Judge Teresa Drum in 2003, the all-week trial under "visiting judge" James B. Zimmermann, but already same PATTERN as in the current mess (fraudulent jury questions). BOTH of those TWO - also "voluntarily" recused themselves. Judge Ron Chapman last judge - see Happy April Fools Day - gets assigned to the then TEN (10) YEAR OLD or so - BEAVER DAM CASE - SIX (6) YEARS or so after trial! Details - a few paragraphs down.
BACKGROUND - starting with the beavers - Adjacent landowner, retired military (William B. Jones, deceased), in 1994 unbeknownst to me, on Steve's Creek at a remote corner of my farm, on his land declares war on BEAVERS - with DYNAMITE - blowing a 15 foot gap in their dam - and flushing FOUR (4) feet of water, sand, and whatever else from BULLDOZING the whole area - down upon my property. Then about a year later, fearing the enemy would come back, wants permission to also "treat" Steve's Creek on my property for the "overgrown rats". Permission denied. No beavers or dams left. Problem is in his head. continued - Goes to Canton attorney Richard L. Ray, who sues me for "unlawfully and wrongly" violating Section 11.086 of the Texas Water Code - for ME in 1994 having built a dam - "extending etc" - a perfect description of a BEAVER DAM! All week jury trial on that in 1998, a jury verdict of ZERO damages - and "visiting senior" Judge James B. Zimmerman and attorney Richard L. Ray wanting to impose a "permanent mandatory injunction" - and $10,000 in attorney fees against me. I complain LOUDLY in the court. continued - BEHEADED CALVES - without any traces of blood - show up at my farm - makes a full-page COLOR spread in the Athens paper. Devil worship? Catches the attention of big-time Dallas lawyer G. David Westfall (deceased, run over by his own tractor) --- who was being prosecuted for animal cruelty for starving 60 animals - gets one of his lady clients working off her legal fees stuck a Westfall Family Farms - to solicit me into getting G. David Westfall to "save" me from that "pocket of corruption" aka the 294th District Court of Van Zandt County. continued - I retain G. David Westfall - $20,000 non-refundable prepaid (oh, what a trusting fool I was!) - who by tosurrepteous eptiously avil - being the one my properyacross my property. declares warnear a remote corner of my property on Steve's Creek to the "beaver dam scheme"- That was in the 1994 - 1998 - 2006 time frame - in our very own 294th District Court of Van Zandt, in 1998 under District Judge Tommy C. Wallace - long before District Judge Teresa Drum in 2003, the all-week trial under
HIGHLIGHTS IN THE 294th- INCOMPLETE SUGGESTED INDICTMENTS - Hey, FBI, where are you? It is past time to come and pick them up. I have been complaining - ever since 1995 - and all I get is "dear john" stuff like this - and "advice" from the Tyler FBI - that I cannot - and they will not - do anything about it - and upon my visit to the Tyler FBI, the agent actually suggested to "JUST SHOOT THEM". (I have proof - I am not making this up) So here are some detailed prepared "indictments" (as a civilized alternative to "just shoot them") - provided in proper "legalese" with marked up evidence - THREE DISTINCT INDICTMENTS, THREE DISTINCT DATES, THREE DISTINCT "PRINCIPALS" - all Texas Penal Code Sec. 32.46 of Second Degree Felony (above $100,000.00) - for "SECURING EXECUTION OF DOCUMENT BY DECEPTION" - ready to pass by the Grand Jury: Indictment for securing execution re FIRST "judgment" Indictment for securing execution re SECOND "judgment" Indictment for securing execution re THIRD "judgment" For reference, Texas Penal Code Sec. 32.46 When you knowingly do "secure execution" on what you know is your own 2002 lingering fraud - that is a fresh property crime in 2014 - and well within the 7-year statute of limitations - for a crime that strikes at the very heart of the integrity of the documentary process. PLUS NOW THREE MORE VIDEO COLLECTION - "just shoot them" - coming END - CONSTRUCTION ZONE Before the fraudulent "BEAVER DAM" suit upon me, I was peacefully RETIRED on my farm, taking care of my cows and invalid 90 year old mother, and had only known the courthouse from getting LICENSE PLATES! The "Beaver Dam Scheme" suit Now I am accused of "living in the courthouse", "vengeance and anger towards the legal system", and sued for "libel", "libel and slander", etc., "with malice", and for causing a lawyer "to suffer from stress, anxiety, and loss of confidence", and loss of the "benefits of social intercourse", etc. ad nauseam. Lawyer's suit for libel and slander And $700,000 or so (with the 10% interest since 2002) in unlawful judgments and liens against me - (I surely don't have that kind of money!)
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