
GOVERNMENT HAS NO SOVEREIGNTY--CHALLENGE TO JURISDICTION
John Snavely
2006.
This case started out in the Municipal Court and I appealed. The Circuit
Court stylized the case
STATE OF ALABAMA (all capital letters is a fictious name that is not them)
PLAINTIFF
CASE NUMBER CC2005-405-07BEW
Vs.
JOHN SNAVELY (all capital letters is a fictious name that is not me)
DEFENDANT
..............and ORDERED me to appear at Court Administrator
for some preliminary administrative stuff.
on 7th day of February, 2005. I had my Challenge to jurisdiction in at this
time. Then a year had gone by so I put my MOTION TO DISMISS FOR LACK OF
A SPEEDY TRIAL, VENUE AND JURISDICTION, AND NO CRIME COMMITTED
in February 2006.
The City being the prosecutor came into THE CIRCUIT COURT OF MADISON
COUNTY, ALABAMA, told the Truth and stylized their case against me as:
CITY OF HUNTSVILLE, a (not the STATE OF ALABAMA as the Circuit Court stylized it)
Municipal Corporation within
The State of Alabama
Plaintiff,
vs.
John D. Snavely, (my proper name)
Defendant,
admitting who they were and by spelling my name properly(not all cap
letters) on March 14, 2006, Nul-Processed the case and the cops back off
when they see me. I travel without drivers license and vehicle license.
And I got my bond money back, of course they did find a way of short
changing me, by misplacing part of the record.
Jack Snavely
The main point of this action is they stylized their case as below after I
gave them legal cite of them being a corporation with no sovereign power and
nul processed charges against me and the court granted the nul-process, it
is shockingly that simple. They didn't attempt to get jurisdiction.
CITY OF HUNTSVILLE, a (all capital letters is a fictious name that is who they really are.)
Municipal Corporation within
The State of Alabama
Plaintiff,
In The 23rd Judicial District Circuit Court
In and for Madison County, Alabama
CITY OF HUNTSVILLE, a Case No.______________________________
Municipal Corporation within
The State of Alabama, On Appeal Case No. 10240710 DWOL
10243700 Fail to appear
vs. 10240709 No license tag
10243701 Fail to appear
John D. Snavely, 10241169 No Insurance
Defendant, 10245421 Fail to appear
_________________________
ON APPEAL FROM THE MUNICIPAL COURT OF HUNTSVILLE, ALABAMA
MOTION TO NUL PROCESS FOR LACK OF JURISDICTION, VENUE,
and NO CRIME COMMITTEED
Comes now Defendant John D. Snavely in the above style case and moves this Court to Nul
Process these cases for lack of jurisdiction, venue, and the fact that no crime has been committed.
and states:
1. Bill of Rights Article of Amendment VI of the Constitution for the United States of America
states:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the state and district wherein the crime
shall have been priviously ascertained by law, and to be informed of the nature
and cause of the accusation; to have compulsory process for obtaining witness-
es in his favor, and to have the assistance of Counsel for his defence."
Then in Article VI of the Constitution for the United States of America, all executive and
judicial officers, both of the United States and of the several states, are bound by this constitution,
and their oath or affirmation to support this constitution.
"All debts contracted ...., as under the confederation."
"This constitution and the laws of the United States which shall be made in
pursuance thereof; and all treaties made, or which shall be made, under the au-
thority of the United States, shall be the supreme law of the land; and the judges
in every state shall be bound thereby, anything in the constitution or laws of any
state to the contrary notwithstanding."
"The senators and representatives before mentioned, and members of the
several state legislatures, and all executive and judicial officers, both of the United
States and several states, shall be bound by oath or affirmation, to support this
constitution; but no religious test shall ever be required as a qualification to any
office or public trust under the United States."
1
2. First, a crime is an act that has been committed, not an act that has been omitted. it is not
a crime not to get a license, and if Defendant does not have a license he is not within the venue
and jurisdiction of of this Catholic-Jew court, and scope and jurisdiction of the statutes;
3. The prosecution time for this case in order for it to be a speedy trial is one year and has
run out. The prosecution of these cases started no later then December 20, 2004. This Court's
Order to appear March 3, 2005 at the Court Administrator was dated February 7, 2005.
4. The government (City, County and State) is not the sovereign, it is a private citizen:
The government by becoming a corporator, (See: 22 U.S.C.A 286e) lays down
it's sovereignty and takes on that of a private citizen. It can exercise no power which
is not derived from the corporate charter (See The Bank of the United States vs.
Planters Bank of Georgia, 6 L. Ed. (9 Wheat) 244, U.S. vs. Burr, 309 U.S. 242). The
real party in interest is not the dejure "United States of America" or "State", but "The
Bank" and "The Fund." (22 U.S.C.A. 286, et seq., C.R.S. 11-60-103). The acts
commited under fraud, force and seizures are many times done under "Letters of
Marque and Reprisal" i.e. "recapture." (See: 31 U.S.C.A. 5323). Such principles as
"Fraud and Justice NEVER dwell together" Wingates's Maxims 680, and "A right of
action cannot arise out of fraud. "Broom's Maxims 297, 729; Cowper's Reports 343;
5 Scott's New Reports 558; 10 Mass. 276; 38 Fed. 800, are too high of a thought
concept, as is "Due Process", "Just Compensation" and Justice itself. Honor is
earned by honesty and integrity, not under false and fraudulent pretenses, nor will
then color of the cloth one wears cover-up the usurpations, lies, trickery and deciets.
When black is fraudulently declared to be white, not all will live in darkness.
(The government is in business.)
5. The City/County/State/government agency prosecuting this matter is the moving party and
initiator of this action. The law is clear that any entity which chooses to initiate and maintain legal
action must have both (1) lawful authority to do so and (2) the ability to prove lawful authority.
Motion concerning jurisdiction of the court or failure of the pleadings to charge an offense may be
made at anytime. State v. Batdorf 238 SE.2d 497(1977).
6. The charge of driving on revoked or suspended license was changed to driving without a
license and that is obviously be stating that the charge is an act of omission, not an act committed.
No crime has occurred as defined by the constitution for the United States of America at
Amendment VI.
"In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the crime
shall have been commited. ....",
Thus, a crime is an act that has been committed, not an act that has been omitted. It is not a
crime not to get a license, and if Respondant does not have a license he is not within the scope
and jurisdiction of the this Catholic-Jew court and;
2
7. Rules of Alabama Supreme Court Rule 13.2
"Complaint"
A uniform traffic ticket and complaint is a "complaint," and cannot be amended
by a prosecutor's complaint without the defendant's concent. Vance v. City of
Hoover, 565 So.2d 1251 (Ala.Crim.App 1990). Automobiles 351.1
8. Snavely has an unalienable right to travel and "If a State does erroneously require a
license or fee for the exercise of that right, the citizen may ignore the license and or fee, and
exercise the right`with total impunity! S.C. Huttlesworth Vs. Birmingham 373 US 262". Ala case.
9. All attorneys that belong to the Alabama Bar Association Association are a Nobility and
have no citizenship status in this state or country. Title of Nobility Amendment of the Constitution
for the United States of America - Original Thirteenth Amendment (1819) reads as follows:
If any citizen of the United States shall accept, claim, receive, or retain any title of
nobility or honour, or shall without the consent of Congress, accept and retain any
present, pension, office, or emolument of any kind whatever, from any emperor, king,
prince, or foreign Power, such person shall cease to be a citizen of the United States,
and shall be incapable of holding any office or trust or profit under them, or either of
them.Alabama and they
10. There are no counsels at law in Alabama. Lawyers are all attorneys at law and
all belong to an unlawful Nobility.
11. The Motor Vehicle Code is commercial application of law.
THE COURT: The Alabama Supreme Court has held that the primary
meaning of "transport" is to carry or convey from one place to another. This
definition gives me commercial connotations to the word "transport". City of
Huntsville vs. John Dennis Snavely, Crim Action No. CC99-1839, CC99-1840,
CC99-1841 at page R24, Judge Bruce Williams.
and,
It is a "priviledge, not a right, to engage in business. Boynton v. State, Fla.,
64 So.2d 536, 547.
The business of carrying passanghers and freight for hire by motor vehicles
over public highways in not a "right", but a "privilege", licensing of which is
exclussively a legislative prerogative and such privilege may be granted or
withheld at Leggislatire's will. North Carolina Utilities commission v. McLean,
44 S.E.2d 210, 211, 277 N.C. 679.
12. Respondant John Snavely is not engaged in any commercial activity on the public
highways and has a right to travel without a license. What statute what substantive regulation
gives the Prosecutor jurisdiction over Defendant?
(Question. Does the government own the highways or do the people own the highways?)
3
13. Further, the City/County/State Prosecutor in this matter is the moving party and should
be ORDERED to show his (1) lawful authority to prosecute Snavely and (2) clearly prove lawful
authority. Then when he cannot do that, this court has no jurisdiction over the Snavely.
and,
Since Snavely is not going to get a license to drive to exercise his Liberty, he will
continually be unlawfully attacked by untrained government employees and unlawfully processed
that will cause him severe hardships defending his Liberty, and he is entitled to grand jury
proceedings and trial by jury. STATE OF TENNESSEE v. John Dennis Snavely, C.C.A. NO. 88-291-
III, State v. Dusina, 764 S.W.2d 766 (Tenn.1989).
Further, I do have my case from the supreme court of Alabama case # 1980038 that says
that you cannot suspend or revoke my license because I do not have a driver's license, and I am
not required to have your's or anybody else's license, and you always use that as a pretense to
arrest me. And see Exhibit 1.
Therefore, this Court should NUL PROCESS these bogus charges because there has been
\no crime committed, and they have not been prosecuted in compliance with the Constitution for
the United States, Amendment VI. And the government further has no jurisdictional power to
require your defendant to have license.
Respectfully Submitted,
John D. Snavely
___________________________________________________________________________________
CERTIFICATE OF SERVICE
___________________________________________________________________________________
I served a true copy of this MOTION TO NUL PROCESS FOR LACK OF JURISDICTION, VENUE, and NO CRIME COMMITTEED upon City Prosecuting Attorney, Huntsville, Alabama, by placing it in the Courthouse Mail box_________________ on this_____________of_________ , 200__.
4
In The 23rd Judicial District Circuit Court
In and for Madison County, Alabama
CITY OF HUNTSVILLE, a Case No.______________________________
Municipal Corporation within
The State of Alabama, On Appeal Case No. 10240710 DWOL
10243700 Fail to appear
vs. 10240709 No license tag
10243701 Fail to appear
John D. Snavely, 10241169 No Insurance
Defendant, 10245421 Fail to appear
__________________________
_________________________________________
MOTION AND AFFIDAVIT IN SUPPORT OF MOTION
FOR LEAVE TO PURSUE IN FORMA PAUPERIS
_________________________________________
Submitted by,
John D. Snavely
c/o 3516 Maggie Avenue N.W.
23rd Judicial District
Huntsville, Alabama
Page 1 of 2
Comes now the Defendant, John D. Snavely, in the above titled action and moves this Honorable Court of Law for an Order granting leave to pursue the above title Petition in Forma Pauperis and in support of said Motion, Petitioner respectfully submits the following affidavit.
state of Alabama ]
affirmed:
county of Madison
23rd Judicial District ]
I, John D. Snavely, Petitioner in the above titled cause, of full age and competent, upon due affirmation, hereby state that the facts set out below are true and correct to the best of my knowledge and understanding and are presented in good faith:
(1) I believe that I have a just cause and,
(2) I am a free Citizen of the People of the Sovereign Body Politic of the Commonwealth of Pennsylvania, a State of the united States of America, by virtue of birth, inheritance and domicile and therefore a Citizen within the meaning of the original Constitution for the United States of America, reserving and asserting all of my Liberties: and,
(3) I have no valid lawful application for any benefits and priviledges from any government; and,
(4) I have at all times and again hereby assert the limitations of Article I, Section 10, of the Constitution for the United States of America, to which aall of the States of the Union are bound, inviolable, and further, only use Federal Reserve Notes under threat, duress and coercion, with all of my rights reserved; and,
(5) I have at all times and here again assert my Rights protected by Article 1, Section 14, of the original Constitution for the State of Alabama inviolable, and,
(6) I am not an employer and/or employee, have no lawful money in any form, and I own no real estate, stocks, bonds, bank accounts, or other valuable property, and I am not a party of interest in any bankrupcy, and,
(7) Because of my poverty at this time I am unable to pay the cost of this Petition, or to give security.
FURTHER AFFIANT SAITH NOT.
Affirmed I under pain and penalty of purjury, SUBSCRIBED AND SEALED this ____________day of
_________________, 200__, in the county of Madison, 23rd Judicial District, Alabama.
________________________________________
John D. Snavely
c/o 3516 Maggie Avenue N.W.
23rd Judicial District
Huntsville, Alabama
We, the undersigned, witness this day that the one known to us to be the above signator did personally appear before us in the count of Madison, 23rd Judicial District, Alabama, and upon due affirmation did execute and affix the above signature and seal hereto.
______________________Date,___________________________________L.S. a Citizen in Alabama
______________________Date,___________________________________L.S. a Citizen in Alabama
______________________Date,___________________________________L.S. a Citizen in Alabama
Š IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA
STATE OF ALABAMA
Plaintiff, Case Number CC2005-405-07BEW
VS. Ticket Nos. M6602249 & M6602250
M6577672
John Snavely
Defendant.
MOTION TO DISMISS FOR LACK OF A SPEEDY TRIAL,
VENUE AND JURISDICTION, AND NO CRIME COMMITTED
Comes now Defendant John Snavely in the above style case and
moves this Court to dismiss this case for lack of a speedy trial,
venue and jurisdiction, and the fact that no crime has been
committed and states:
1. Bill of Rights Article of Amendment VI of The Constitution
for the United States of America states:
"In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the state and district wherein the
crime shall have been committed, which district shall
have been priviously ascertained by law, and to be in-
formed of the nature and cause of the accusation; to
have compulsory process for obtaining witnesses in his
favor, and to have the assistance of Counsel for his
defence."
Then in Article VI of the Constituion for the United States
of America, all executive and judicial officers, both of the
United States and of the several states, are bound by this
constitution, and their oath or affirmation to support this
constitution.
ARTICLE VI.
"All debts contracted ..., as under the confederation."
1
ï
Š "This constitution, and the laws of the United
States which shall be made in pursuance thereof; and
all treaties made, or which shall be made, under the
authority of the United States, shall be the supreme
law of the land; and the judges in every state shall
be bound thereby, any thing in the constitution or
laws of any state to the contrary notwithstanding."
"The senators and representives before mentioned,
and the members of the several state legislatures,
and all executive and judicial officers, both of the
United States and of the several states, shall be
bound by oath or affirmation, to support this consti-
tution; but no religious test shall ever be required
as a qualification to any office or public trust
under the United States."
2. First, a crime is an act that has been committed, not an
act that has been omitted. It is not a crime not to get a li
cense, and if Defendant does not have a license he is not within
the venue and jurisdiction of this Catholic-Jew court, and scope
and jurisdiction of the statutes;
3. The prosecution time for this case in order for it to be
a speedy trial is one year and has run out. The prosecution of
these cases started no later then December 20, 2004. This Court's
Order to appear March 3, 2005 at the Court Administrator was
dated February 7, 2005.
The government (City, County and State) is not the sovereign,
it is a private citizen:
The government by becoming a corporator, (See: 22
U.S.C.A 286e ) lays down its sovereignty and takes on
that of a private citizen. It can exercise no power
which is not derived from the corporate charter (See:
The Bank of the United States vs. Planters Bank of
Georgia, 6 L. Ed. (9 Wheat) 244, U.S. vs. Burr, 309
U.S. 242). The real party in interest is not the
dejure "United States of America" or "State", but "The
Bank" and "The Fund." (22 U.S.C.A 286, et seq., C.R.S.
11-60-103). The acts committed under fraud, force and
seizures are many times done under "Letters of Marque
and Reprisal" i.e. "recapture." (See: 31 U. S. C. A.
5323 ). Such principles as "Fraud and Justice NEVER
2
ï
Š dwell together" Wingate's Maxims 680, and "A right of
action cannot arise out of fraud." Broom's Maxims 297,
729; Cowper's Reports 343; 5 Scott's New Reports 558;
10 Mass. 276; 38 Fed. 800, are too high of a thought
concept, as is "Due Process", "Just Compensation" and
Justice itself. Honor is earned by honesty and integ-
rity, not under false and fraudulent pretenses, nor
will the color of the cloth one wears cover-up the
usurpations, lies, trickery and deceits. When Black is
fraudulently declared to be White, not all will live
in darkness.
Therefore, this Court should dismiss these bogus charges
because there has been no crime committed, they have not been
prosecute in compliance with the Constitution for the United
States, Amendment VI, right to a speedy trial. And the government
further has no jurisdictional power to require your defendant to
have license.
Respectfully Submitted,
John Snavely
_________________________________________________________________
--
_________________________________________________________________
É serveä á true copù oæ thió MOTION TO DISMISS FOR LACK OF
A SPEEDY TRIAL, VENUE AND JURISDICTION, AND NO CRIME COMMITTED
upon John Mark Debro¬ Prosecuting Citù Attorney, Huntsville¬
Alabama, by placing it in the Courthouse Mail box number _____
oî thió _______daù oæ February¬ 2006.
________________________
.pa
Ï[1]5
Š IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA
STATE OF ALABAMA
Plaintiff, Case Number CC2005-405-07BEW
VS. Ticket Nos. M6602249 & M6602450
M6577672
Challenge to jurisdiction
John Snavely
Defendant.
Comes now Defendant John Snavely from the February 7, 2005
ORDER of this court and challenges the jurisdiction of this
legislative court, objects to procedure, and the spelling of his
name with all capital letters, and states:
1. The State prosecuting this matter is the moving party and
initiator of this action. The law is clear that any entity which
chooses to initiate and maintain legal action must have both (1)
lawful authority to do so and (2) the ability to clearly prove
lawful authority. Motion concerning jurisdiction of the court or
failure of the pleadings to charge an offence may be made at any
time. State v. Batdorf 238 SE.2d 497(1977).
2. If a State does erroneously require a license or fee for
the exercise of that right, the Citizen may ignore the license
and or fee and exercise the right with total impunity! S C Hut
tlesworth Vs. Birmingham 373 US 262. Alabama case
3. Rules of Alabama Supreme Court Rule 13.2
"Complaint"
A uniform traffic ticket and complaint is a "complaint,"
and cannot be amended by a prosecutor's complaint without
the defendant's concent. Vance v. City of Hoover, 565 So.
2d 1251 (Ala.Crim.App 1990). Automobiles 351.1
4. All attorneys that belong to the Alabama State Bar Asso
ciation are a Nobility and have no citizenship status in this
ï
Šstate or country. Title of Nobility Amendment of the Condstitu-
tion for the United States of America - Original Thirteenth
Amendment (1819) reads as follows:
If any citizen of the United States shall accept,
claim receive, or retain any title of nobility or honour,
or shall without the consent of Congress, accept and
retain any present, pension, office, or emolument of any
kind whatever, from any emperor, king, prince, or foreign
power, such person shall cease to be a citizen of the
United States, and shall be incapable of holding any
office or trust or profit under them, or either of them.
5. There are no counsels at law in Alabama. Lawyers are all
attorneys at law in Alabama.
6. THE COURT: The Alabama Supreme Court has held that
the primary meaning of "transport" is to carry or convey
from one place to another. This definition gives me commer-
cial connotations to the word "transport". City of Hunts-
ville vs. John Dennis Snavely, Crim Action No. CC99-1839,
CC99-1840, CC99-1841 at page R24, Judge Bruce Williams.
and,
It is a "privilege", not a right, to engage in business.
Boynton v. State, Fla., 64 So.2d 536, 547.
The business of carrying passangers and freight for hire
by motor vehicles over public highways is not a "right",
but a "privilege", licensing of which is exclusively
a legislative prerogative, and such privilege may be
granted or withheld at Legislature"s will. North Caro-
lina Utilities Commission V. McLean, 44 S.E.2d 210, 211,
277 N.C. 679.
7. Your Defendant John Snavely is not engaged in any commer
cial activity on the public highways and has a right to travel
without a license.
Therefore the City/State Prosecutor in this matter is the
moving party and should be ORDERED to show his (1) lawful au
thority to prosecute Defendant and (2) clearly prove lawful
authority. Then when he cannot do that, this court has no juris
diction over the Defendant, dismiss the charge.
ï
Š
Respectfully Submitted,
John Snavely
_________________________________________________________________
--
_________________________________________________________________
É serveä á true copù oæ thió Challenge to jurisdiction upon
Walter Record¬ Prosecuting Citù Attorney, Huntsville¬ Alabama, by
placing it in the Courthouse Mail box number 22 oî thió
_______daù oæ February¬ 2005.
________________________
.pa