Lehman v Nakshian
US Supreme court
attempt to do away with
7thAmendment to
US Constitution and
28 USC Rule 38.
First posted
Tuesday June 5, 2007 07:20
Updated
Friday August 3, 2007 07:14
http://www.prosefights.org/nmlegal/lehmanvoid/lehmanvoid.htm#roberts2 ![]() Here's the materials that went to Roberts and were returned ![]() ![]() Here's just the first and last pages of letter copy sent directly, and received, by Roberts. ![]() ![]() ![]() |
http://www.prosefights.org/nmlegal/lehmanvoid/lehmanvoid.htm#suter3 ![]() Our void judgment motion was returned in this envelope. ![]() |
![]() ----- Original Message ----- From: bill payne To: senator_leahy@leahy.senate.gov Sent: Thursday, July 12, 2007 9:07 AM Subject: judicial misconduct at us supreme court complaint Label/Receipt Number: 7007 0220 0002 4337 2876 ![]() ![]() Label/Receipt Number: 7007 0220 0002 4337 2883 Status: Delivered Your item was delivered at 7:39 AM on July 17, 2007 in WASHINGTON, DC 20543. ![]() |
Thursday July 12, 2007 07:00 http://www.prosefights.org/nmlegal/lehmanvoid/lehmanvoid.htm#suter2 Certified return receipt requested General William Suter,Clerk Supreme Court of the United States Washington, DC 20543 Dear General Suter: You wrote on June 13, 2007 Under Article III of the Constitution, the jurisdiction of this Court extends only to the consideration of cases or controversies properly brought before it from lower courts in accordance with federal law and filed pursuant to the Rules of this Court. Article III of the Constitution states We don't see "the jurisdiction of this Court extends only to the consideration of cases or controversies properly brought before it from lower courts in accordance with federal law and filed pursuant to the Rules of this Court." Our MANDATORY JUDICIAL NOTICE AND AUTHORITIES TO VOID JUDGMENT clearly stated 3 Any judgment rendered by a court which lacks jurisdiction, either of the subject matter of the parties, or lacks inherent power to enter the particular judgment, or entered an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court. 2 "in any court" appears not to exclude the US Supreme court. "Direct attack" appeared to be the most expeditious since Lehman v Nakshian No. 80-242 is properly before the supreme court. We can, of course, try a collateral attack if you and Roberts don't do your jobs. We do see "[T]he judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, ..." And as required by the 6th Amendment to the Constitution that all member of the US Supreme Court were required to sign "I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." And you as clerk of the US Supeme Court were required to sign under 28 USC § 951. Oath of office of clerks and deputies states Each clerk of court and his deputies shall take the following oath or affirmation before entering upon their duties: I, XXX XXX, having been appointed XXX, do solemnly swear (or affirm) that I will truly and faithfully enter and record all orders, decrees, judgments and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God. Your wrote In reply to your letter or submission referred to this office by the Chief Justice on June 6, 2007, I regret to inform you that the Court is unable to assist you in the matter you present. We feel that it is regretable that chief justice Roberts chooses to violate his oath of office in writing by NOT voiding judgment which violates right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38. And we also feel it is regretable that you did not docket our MOTION TO VACATE JUDGMENT FOR LACK OF JURISDICTION DIRECTED TO JOHN G. ROBERTS, JR., CHIEF JUSTICE, ORDER VACATING LEHMAN V NAKSHIAN, and MANDATORY JUDICIAL NOTICE AND AUTHORITIES TO VOID JUDGMENT. We believe that you violated your oath of office again in processing our filings. First time you violated your oath of office was on June 22, 2004 when you did not docket our rule 22 writ petition to restore our civil rights. You attempted to convert our writ petition into an appeal of loss of our civil rights. Finally you returned our documents in damaged condition. We feel that placing CIV NO 97 0266 SC/DJS before a jury is so important for possible peaceful settlement of these unfortunate matters. Assistant US attorney Jan Mitchell relied on voidable Lehman v Nakshian to show that trial by jury is not guaranteed inviolate by US Constitution. This is unconstitutional and must be voided. We addressed reasons in our reply seen at http://www.prosefights.org/nmlegal/nsalawsuit/nsalawsuit.htm#reply. For this reason we are returning our motion to you to docket and a copy to chief justice Roberts. We ask that chief justice Roberts act quickly to vacate Lehman v Nakshian so as to speed possible peaceful settlement of these unfortunate matters. When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary. 4 We ask that you two do your jobs as required by your oath of office. Please return file stamped copy of motion and mandatory judicial notice by July 25, 2007 for our files. Sincerely, _________________________ William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 _________________________ Arthur R. Morales 465 Washington St SE Albuquerque, NM 87108 Distribution John G Roberts, Jr Certified, return receipt requested. U.S. House of Representative Committee on the Judiciary United States Senate Committee on the Judiciary The supreme court judge, maybe minus Stevens, have in writing violating their oath of office because right of jury trial is guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38. See In the Supreme Court of the United States TELLABS, INCORPORATED AND RICHARD C. NOTEBAERT, Petitioners, v. MAKOR ISSUES & RIGHTS, LTD., et al., Respondents. SUPREME COURT OF THE UNITED STATES OFFICE OF THE CLERK WASHINGTON, DC 20543-0001 June 13, 2007 William H. Payne 13015CalledeSandias NE Albuquerque, NM 87111 RE: William H. Payne, et al. Dear Mr. Payne: In reply to your letter or submission referred to this office by the Chief Justice on June 6, 2007,I regret to inform you that the Court is unable to assist you in the matter you present. Under Article III of the Constitution, the jurisdiction of this Court extends only to the consideration of cases or controversies properly brought before it from lower courts in accordance with federal law and filed pursuant to the Rules of this Court. The Court does not give advice or assistance or answer legal questions on the basis of correspondence. Your papers are herewith returned. The Rules of this Court are enclosed. Sincerely, William K./Suter, Clerk By: Ruth Jones |
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Looks like Clarence Thomas's assistant opened, then sent to Jones. ![]() ![]() ![]() ![]() ![]() |
![]() ![]() The supreme court sealed out self addressed stamped envelope. ![]() ![]() ![]() ![]() |
![]() Wednesday June 6, 2007 Certified return receipt requested General William Suter,Clerk Supreme Court of the United States Washington, DC 20543 Dear General Suter: Enclosed is an original and two copies of MOTION TO VACATE JUDGMENT FOR LACK OF JURISDICTION DIRECTED TO JOHN G. ROBERTS, JR., CHIEF JUSTICE, ORDER VACATING LEHMAN V NAKSHIAN, and MANDATORY JUDICIAL NOTICE AND AUTHORITIES TO VOID JUDGMENT. We enclose self-addressed stamped envelope. Please return a file stamped copy to us. Sincerely, _________________________ William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 _________________________ Arthur R. Morales 465 Washington St SE Albuquerque, NM 87108 |
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Tuesday June 5, 2007 08:09 http://www.prosefights.org/nmlegal/lehmanvoid/lehmanvoid.htm#motion
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LEHMAN SECRETARY OF THE NAVY v. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT COLUMBIA CIRCUIT. No. 80-242. NAKSHIAN Federal Rule of Civ. P. 60(b)(4) DIRECTED TO JOHN G. ROBERTS, JR., CHIEF JUSTICE I. INTRODUCTION 1 New Mexico assistant US attorney Jan Elizabeth Mitchell attempts to use Lehman v Nakshian as case law to support overthrow of Right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38. in RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION TO VOID JUDGMENT FOR LACK OF JURISDICTION DIRECTED TO DISTRICT OF NEW MEXICO, SANTA FE CHIEF JUDGE MARTHA VAZQUEZ filed 5/29/2007. II. BASIS OF MOTION III. ISSUES 3 Right of jury trial is guaranteed inviolate by 7thAmendment to US Constitution and 28 USC Rule 38. 4 Return filed stamped copy of this Motion within 10 working days. 5 Sign attached ORDER vacating
Lehman
v Nakshian judgment for lack of jurisdiction. I HEREBY CERTIFY that a copy of the foregoing MOTION TO VACATE JUDGMENT FOR LACK OF JURISDICTION DIRECTED TO JOHN G. ROBERTS, JR., CHIEF JUSTICE was mailed to Samuel Alito, Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, Antonin Scalia, David Hackett Souter, John Paul Stevens, and Clarence Thomas, Supreme Court of the United States, Washington, DC 20543 certified - return receipt requested to respond within 14 working days if any oppose motion because STEWART, J., who delivered the opinion of the Court, in which BURGER, C. J., and WHITE, POWELL, and REHNQUIST, JJ., joined. BRENNAN, J., filed and a dissenting opinion of MARSHALL, BLACKMUN, and STEVENS, JJ are all unable to respond. __________________________ __________________________ Date |
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Tuesday June 4, 2007 07:57 http://www.prosefights.org/nmlegal/lehmanvoid/lehmanvoid.htm#order |
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LEHMAN SECRETARY OF THE NAVY v. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT COLUMBIA CIRCUIT. No. 80-242. NAKSHIAN Federal Rule of Civ. P. 60(b)(4) ORDER VACATING
LEHMAN
V NAKSHIAN 1 No. 80-242 judged by STEWART, J., who delivered the opinion of the Court, in which BURGER, C. J., and WHITE, POWELL, and REHNQUIST, JJ., joined. BRENNAN, J., filed is vacated for lack of jurisdiction to deny right of DEMANDed trial by jury. Right of jury trial is guaranteed inviolate by 7thAmendment to US Constitution and 28 USC Rule 38. The limitations inherent in the requirements of due process of law extend to judicial, as well as political, branches of the government, so that a judgment may not be rendered in violation of those constitutional limitations and guaranties. Therefore The court or tribunal must have the power of authority to render the particular judgment. is not met. _________________________ John G Thomas, Jr U.S Supreme Court _________________________ Date |
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Tuesday June 5, 2007 14:33 http://www.prosefights.org/nmlegal/lehmanvoid/lehmanvoid.htm#notice |
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LEHMAN SECRETARY OF THE NAVY v. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT COLUMBIA CIRCUIT. No. 80-242. NAKSHIAN Federal Rule of Civ. P. 60(b)(4) 1 COMES NOW, plaintiffs Morales and Payne to place this court on judicial notice of authorities of motion to vacate judgment in No. 80-242. 2 To be valid and enforceable, a judgment must be supported by three elements: (1) the court must have jurisdiction of the parties; If the requirements for validity are not met, a judgment may be subject to avoidance. 1 3 Any judgment rendered by a court which lacks jurisdiction, either of the subject matter of the parties, or lacks inherent power to enter the particular judgment, or entered an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court. 2 4 Such a judgment is void from its inception, incapable of confirmation or ratification, and can never have any legal effect. 3 5 A void judgment must be dismissed, regardless of timeliness if jurisdiction is deficient. 5 6 When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary. 4 7 The passage of time, however great, does not affect the validity of a judgment 6 and cannot render a void judgment valid. 7 8 The limitations inherent in the requirements of due process of law extend to judicial, as well as political, branches of the government, 8 so that a judgment may not be rendered in violation of those constitutional limitations and guaranties. 9 9 A court may not render a judgment which transcends the limits of its authority, 10 and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. 11 1 See Peduto v. North Wildwood (DC NJ) 696 F Supp 1004, affd (CA3 NJ) 878 F.2d 725; In re Doe (NM App) 99 NM 517, 660 P.2d 607; Tice v. Nationwide Life Ins. Co., 284 Pa Super 220, 425 A.2d 782. 2 See U.S.Const.Amdt. V; F.R.Civ.P. 60(b)(4); CR 60(b)(5); Federal cases: Klugh v. U.S., 620 F.Supp. 892 (D.S.C. 1985); Rubin v. Johns, 109 F.R.D. 174 (D.Virg.Is.1985); Triad Energy Corp. v. McNell, 110 F.R.D. 382 (S.D.N.Y. 1986); Millikan v. Meyer, 311 US 457, 61 S.Ct. 339, 85 L.Ed.2d 278 (1940); Long v. Shorebank Development Corp., 182 F.3d 548 (CA7 1999). 3 See Stidham v. Whelchel, 698 NE2d 1152 (Ind.1998); Thompson v. Thompson, 238 SW2d 218 (Tex.Civ.App. 1951); Lucas v. Estate of Stavos, 609 NE2d 1114, rehng.den., trans.den, (Ind.App.Dist.1 1993); Loyd v. Director, Dept. of Public Safety, 480 So2d 577 (Ala.Civ.App.1985); In re Marriage of Parks, 630 NE2d 509 (Ill.App.Dist.4 1991); Lubben v. Selective Service System Local Bd. No.27, 453 F.2d 645, 14 A.L.R.Fed. 298 (CA1 1972); Hobbs v. U.S. Office of Personnel Mgmt., 485 F.Supp. 456 (M.D.Fla.1980); Holstein v. City of Chicago, 803 F.Supp. 205, recon.den., 149 F.R.D. 147, affd, 29 F.3d 1145 (N.D.Ill.1992); City of Los Angeles v. Morgan, 234 P2d 319 (Cal.App.Dist.2 1951). 4 Orner v. Shalala, 30 F.3d 1307 (Colo.1994). 5 See Asher v. Van Brunt, 158 F.R.D. 278 (S.D.N.Y.1994). 6 See State ex rel. Smith v. Sixth Judicial Dist. Court, 63 Nev 249, 167 P.2d 648 (ovrld in part on other grounds by Poirier v. Board of Dental Examiners, 81 Nev 384, 404 P.2d 1); Monroe v. Niven, 221 NC 362, 20 S.E.2d 311. 7 See State ex rel. Smith v. Sixth Judicial Dist. Court, 63 Nev 249, 167 P.2d 648 (ovrld in part on other grounds by Poirier v. Board of Dental Examiners, 81 Nev 384, 404 P.2d 1); Columbus County v. Thompson, 249 NC 607, 107 S.E.2d 302. 8 As to persons and agencies bound by due process, see 16A Am.Jur.2d, Constitutional Law §§ 742, 821-824. 9 See Hanson v. Denckla, 357 US 235, 2 L.Ed.2d 1283, 78 S.Ct. 1228, reh den 358 US 858, 3 L.Ed.2d 92, 79 S.Ct. 10; Ladner v. Siegel, 298 Pa 487, 148 A 699, 68 ALR 1172. 10 See Royal Indem. Co. v. Mayor, etc., of Savannah, 209 Ga 383, 73 S.E.2d 205; Spencer v. Franks, 173 Md 73, 195 A 306, 114 ALR 263; Road Material & Equipment Co. v. McGowan, 229 Miss 611, 91 So.2d 554, motion dismd 229 Miss 630, 92 So.2d 245; Howle v. Twin States Express, Inc., 237 NC 667, 75 S.E.2d 732; Fitzsimmons v. Oklahoma City, 192 Okla 248, 135 P.2d 340; Robertson v. Commonwealth, 181 Va 520, 25 S.E.2d 352, 146 ALR 966; Reburg v. Lang, 239 Wis 381, 1 N.W.2d 759. The courts of a state may render only such judgments as they are authorized to do under the laws of the state. Mosely v. Empire Gas & Fuel Co., 313 Mo 225, 281 SW 762, 45 ALR 1223. 11 See People ex rel. Arkansas Valley Sugar Beet & Irrigated Land Co. v. Burke, 72 Colo 486, 212 P. 837, 30 ALR 1085; People v. Wade, 116 Ill 2d 1, 107 Ill Dec 63, 506 N.E.2d 954; Gray v. Clement, 296 Mo 497, 246 SW 940; Ex parte Solberg, 52 ND 518, 203 NW 898; Russell v. Fourth Natl Bank (Ohio) 102 Ohio St 248, 131 NE 726; Hough v. Hough (Okla) 772 P.2d 920; Farmers Natl Bank v. Daggett (Tex Com App) 2 S.W.2d 834; State v. Turner, 98 Wash.2d 731, 658 P.2d 658; Shopper Advertiser, Inc. v. Wisconsin Dept of Revenue, 117 Wis 2d 223, 344 N.W.2d 115. Respectfully submitted, _________________________ William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 _________________________ Arthur R. Morales 465 Washington St SE Albuquerque, NM 87108 Date: ____________________ Pro se litigants I HEREBY CERTIFY that a copy of the foregoing MOTION TO VACATE JUDGMENT FOR LACK OF JURISDICTION DIRECTED TO JOHN G. ROBERTS, JR., CHIEF JUSTICE was mailed to Samuel Alito, Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, Antonin Scalia, David Hackett Souter, John Paul Stevens, and Clarence Thomas, Supreme Court of the United States, Washington, DC 20543 certified - return receipt requested to respond within 14 working days if any oppose motion because STEWART, J., who delivered the opinion of the Court, in which BURGER, C. J., and WHITE, POWELL, and REHNQUIST, JJ., joined. BRENNAN, J., filed and a dissenting opinion of MARSHALL, BLACKMUN, and STEVENS, JJ are all unable to respond. __________________________ __________________________ Date |
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Sunday June 24, 2007 06:11 Weiss et al, if they don't immediately file to void supreme court judgment, are interferring with our legal project. Bugmenot doesn't have a PACER login, so you will have to register to view Tellabs v Makor. Supreme court envelopes have been moved into lehmanvoid. Note what lawyers for MAKOR ISSUES & RIGHTS, LTD., et al., have done. Let's hope Weiss et al file for void judgment or their clients file for malpractice against Weiss et al. Incompetentce? Stupdity? Unintelligence? Poor educations? Or all? http://www.the10b-5daily.com/archives/000801.html |