Sasha Sutton Vs Hamilton Police Department

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Doc T Doc T's picture
Sasha Sutton Vs Hamilton Police Department

Sasha Sutton called me about this "Driving without a license" Citation.  She will be adding her Affidavit here to explain the details.  She did say that the officer told her that "Driving" is a Privilege, not a Right".  They are getting real cocky around Hamilton, TX.  I think we need to set them straight.  I'm uploading her citation and towing bill...She asked if her husband could come pickup her vehicle, and the officer told her, "NO!", which the wrecker service is farther away than her house...which was only a few blocks away.  They towed it to her home, yet charged her a days fee for the tow...Just insane.  I'll let her tell the rest.

Sasha Sutton's Affidavit.

"I was going to the grocery store and I passed a cop, he saw me, was about to come after me, but stopped when I pulled into the grocery store parking lot.  He waited for me to leave the grocery store and as soon as I pulled out of the parking lot, he pulled in behind me and turned on his lights.  I stopped, he came up to my car and "Mrs Sutton, you know you don't have a license, that's why I pulled you over, I'm not going to take you to jail because I don't want another facebook post, but I am going to impound the car."  I asked him if my husband could come get it, because I'm only 3 blocks from home.  He said "No", I'm going to impound it"  and that was IT!!!"

Doc T Doc T's picture
Federal Action Rough Draft 09/11/2016

I used my Federal Action and tweeked it a little to hopefully not make you work too hard finishing it up.  I'll correct any dates that are wrong, such as the final signature date.  I'm not sure if we'll get this done and filed before her "Plea" date in court, but I can coach her on what to say, then we can get it filed, I'm sure before her actual court date, so she doesn't have to go through everything I did.  If you need anything else from me, please don't hesitate to contact me.

File Attachments: 
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UPDATE: Court Changed to December 19th, 2016

Michael,

Sasha brought me a notice of court for the 19th of December, 2016...I've edited her paperwork with everything I could by changing my case over to hers...You will need to add your wording and whatever else we've found. 
Also, do you think we should use our District Court or continue using the Federal Court in Fort Worth?

 

Thanks,

Randy

M. R. Hamilton M. R. Hamilton's picture
Stick with federal court

There is some serious criminal activity being perpetrated by the sheriff in your county. I would stick with federal court.

Liberty and ignorance cannot co-exist, because
"He who sleeps on his rights has none."

Superior Court Chief Justice #462751

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UPDATE: Order of Continuance vs Motion to change venue

Michael,

  I've read the Texas Rules for Criminal Procedures and I don't think I can get a continuance, but, I do think we might be able to get a Change of Venue due to the lack of an impartial judge, clerk, judicial system of Hamilton County, TX due to it has already shown disregard for the law.
All it takes is an affidavit and 3 Credible people to write the same and it will change...
RULE 257. GRANTED ON MOTION
A change of venue may be granted in civil causes upon motion of either party, supported by his own
affidavit and the affidavit of at least three credible persons, residents of the county in which the suit
is pending, for any following cause:
(a) That there exists in the county where the suit is pending so great a prejudice against him that
he cannot obtain a fair and impartial trial.
(b) That there is a combination against him instigated by influential persons, by reason of which
he cannot expect a fair and impartial trial.
(c) That an impartial trial cannot be had in the county where the action is pending.
(d) For other sufficient cause to be determined by the court.

 

Here is what the Order of Continuance states...
SECTION 11. TRIAL OF CAUSES
B. Continuance and Change of Venue
RULE 251. CONTINUANCE
No application for a continuance shall be heard before the defendant files his defense, nor shall any
continuance be granted except for sufficient cause supported by affidavit, or by consent of the
parties, or by operation of law.
RULE 252. APPLICATION FOR CONTINUANCE
If the ground of such application be the want of testimony, the party applying therefor shall make
affidavit that such testimony is material, showing the materiality thereof, and that he has used due
diligence to procure such testimony, stating such diligence, and the cause of failure, if known; that
such testimony cannot be procured from any other source; and, it if be for the absence of a witness,
he shall state the name and residence of the witness, and what he expects to prove by him; and also
state that the continuance is not sought for delay only, but that justice may be done; provided that,
on a first application for a continuance, it shall not be necessary to show that the absent testimony
cannot be procured from any other source.
The failure to obtain the deposition of any witness residing within 100 miles of the courthouse or
the county in which the suit is pending shall not be regarded as want of diligence when diligence has
been used to secure the personal attendance of such witness under the rules of law, unless by reason
of age, infirmity or sickness, or official duty, the witness will be unable to attend the court, or unless
such witness is about to leave, or has left, the State or county in which the suit is pending and will
not probably be present at the trial.

I don't think we have a cause for a continuance, but a great cause for "Change of Venue". 

I'll be working on this "Change of Venue".

Thanks,

Randy

 

 

Doc T Doc T's picture
UPDATE: MOTION TO CHANGE VENUE SUBMITTED

Sasha had court on Monday and the stipulation stated on the form sent was a notice that if any changes to the court date, it had to be done by 72 hours, NOT 3 business days, as some say, so I used that and what you will see is a copy of the Motion to Change Venue.  When Sasha went to hand deliver it to the Municipal Court Clerk, which stated "You can't change venue in a municipal court, do you want to keep this?"  Sasha told her, "NO, I want you to give it to the judge."  She left and called me...I explained to her that the clerk does NOT have any authority to make any decision, but simply to take in and put out paperwork.
  She did have 3 Credible Witnesses furnish statements to the fact that Sasha could not get a fair trial in Hamilton, TX.

 

File Attachments: 
dagmar
Dot T - could you please

Dot T - could you please explain the difference between claim/counterclaim versus Motion ? Just new here and it would help me greatly! Thank you very much in advance, Dagmar

Doc T Doc T's picture
Claim/Counter-Claim/Motion Difference

A Claim is when you go and file a claim against someone for an injury or Trespass.

A Counter-claim is what you do when, lets say a Law Enforcement Officer gives you a citation that only pertains to commerce and has issued you a citation, you would file a Counter-Claim.

A Motion is a request that goes into a court that has already been started and you want something done.

Hope this helps...
Doc T.

M. R. Hamilton M. R. Hamilton's picture
We wiil stop that corrupt town soon

Justice Tadlock and I are just about done with a notice of felonies that removes all doubt about any immunity they think they have. Since we will be sending these to the SCOTUS, it will finally put these hugs out of business. Naturally, we are not going o stop until we arrest the traitors as well.

Liberty and ignorance cannot co-exist, because
"He who sleeps on his rights has none."

Superior Court Chief Justice #462751

Doc T Doc T's picture
UPDATE: Court date on April 17th

Just bringing this to the top for information to be gathered for court action.

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UPDATE: Scheduling Order

Michael,

Here are the files that we just got in from Sasha's Court appearance that didn't go as planned...but correctable.

Here is the Scheduling Order.

Randy

File Attachments: 
Doc T Doc T's picture
UPDATE: Transfer Request

Michael,

Here is the Transfer Request from the judge...The court is closer, so not sure if this is a bad thing...as long as he is NOT transferring it to some De Facto Court...other than that, it would be only 70 Miles vs. 100 Miles to Fort Worth...BUT, we also don't have to go to the court house anymore either...so it shouldn't make a difference where it is located.

Randy

Doc T Doc T's picture
UPDATE: 3 Criminal Charges and court date May 15th

Justice Hamilton,

  Just wanted to upload these files for Sasha Sutton.  She received 3 Criminal Charges to show up for on May 15th, in their local court...which they refused to adhere too and probably only because Sasha took the papers to the WRONG court clerk.  Here are 2 of the Criminal Charges...

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UPDATE: Criminal Charge #3 & Transfer Request for Federal

posting the 3rd charge she has been given...AND the court, asking to transfer the case to a Waco, TX Federal Court.  It is closer, BUT don't know if they are trying to switch it to some rogue judge or what...so don't know what to do here...

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UPDATE: Transfer ORDER to Waco Federal Court

Don't know if we want to deny this or not...

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Federal Judge asking for permission

Federal Judge asking for permission to be Sasha Sutton's Judge.  Thought this might be good to have on file IF he ever tries to make a decision.

Pages 1-2 of 9

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Federal Judge asking for permission cont...

Pages 3-4

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Federal Judge asking for permission cont...

Pages 5-6

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Federal Judge asking for permission cont...

Pages 7-8

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Federal Judge asking for permission cont...

Page 9 of 9

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UPDATE: Just checked PACER...Closed as of 4/14/2017

The Judge transferred the case to Waco, TX Federal District Court.  Do we allow this, since it is closer or do we do a writ of error?

Case Number (closed 04/14/2017)

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