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This is a Motion for findings of fact and conclusions of law, which I helped write up. This Motion was summarily dismissed by the judge. This stems from a case involving Jeffrey Dean Saxon who was fined $4000 by the city of Warren, Michigan based on civil citations for his property. More information: http://www.youtube.com/watch?v=ByE2lWEiEu0
Citation preview
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STATE OF MICHIGAN
37TH JUDICIAL DISTRICT
STATE OF MICHIGAN
CITY OF WARREN,
BUILDING AND ZONING DIVISION
(EVERETT MURPHY)
Plaintiff,
VS.
JEFFERY DEAN SAXON,
(an obvious fictional person of the State created
by the STATE and not real party of interest
“Jeffery-Dean: Saxon”)
Trustee – Sui Juris
Defendant in error,
Case numbers: T003166W / T003167W
DATE: 10/13/2010
DEFENDANT’S MOTION FOR FINDINGS
OF FACTS AND CONCLUSIONS OF LAW
DEFENDANT’S MOTION FOR FINDINGS OF FACTS AND
CONCLUSIONS OF LAW
Pursuant to MCR 2.517(A), et al.
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Comes now Defendant in error, Jeffery-Dean: Saxon, a sovereign free white man over 21
years old, who has the rights to which all free men are entitled, who is not under the power of
another, such as the implied jurisdiction of any Corporation or Government to move the court to
stay all fines or penalties in this matter and seeks relief of the same. I have the right to make
valid, or not, any contract, by my actions. In short, I am Sovereign. I live in honor and now
state for the record in affidavit form before this court.
JURISDICTION
It has been and remains the position of the defense that this court surrendered jurisdiction
through due process violations and structural errors. However, in order to seek the intended re-
lief, this court must hear this Motion, at arm’s length and by special appearance, by the Defen-
dant. Furthermore, the Defense does not wave, nor has it ever waved these violations or errors.
The Defense stands fast.
FACTS AND PROCEDURAL HISTORY
1. The Defendant, Jeffrey Dean: Saxon, appeared before Judge John M. Chmura on
September 29th, 2010.
2. Judge John M. Chmura dismissed Defendant's Petition to set aside and dismiss the
complaint and summons.
3. Judge John M. Chmura found in favor of the State, but did not provide an account for his
findings.
ARGUMENT
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The Charter for the City of Warren clearly states that municipal powers apply to
municipal property. The Defendant challenged subject matter jurisdiction and believed it was his
duty to challenge government officials performing acts of oppression.
No response was given to the petition by the city attorney. Judge John M. Chmura recklessly
and maliciously disregarded and failed to read the Defendant's petition. Even if the judge had
believed the court had jurisdiction, no refuting argument was placed on the record, and the court
could not proceed. Any order put forth would have been made in error and must be corrected.
The Defense also raised the issue of how the fines came to be. The citing official
admitted to breaking the law in order to obtain the evidence against the Defendant. This would
clearly disqualify that official from remaining credible.
Page 9 22‐ Michigan Judicial Institute © 2009 August‐ 2010 A. Bench Trial “In actions tried on the facts without a jury or with an advisory jury, the court shall find the facts specially, state separately itsCircuit Court Benchbook: Civil Proceedings—Revised Edition Section 9.11 conclusions of law, and direct entry of the appropriate judgment.” MCR 2.517(A)(1). “Brief, definite, and pertinent findings and conclusions on the contested matters are sufficient, without overelaboration of detail or particularization of facts.” MCR 2.517(A)(2). Findings of fact are sufficient if it appears that the trial court was aware of the issues in the case and correctly applied the law. Triple E Produce Corp v Mastronardi Produce, Ltd, 209 Mich App 165, 176 (1995). “The court may state the findings and conclusions on the record or include them in a written opinion.” MCR 2.517(A)(3). Committee Tip: Knowing the applicable law makes finding the relevant facts easier. Consider ordering counsel to provide proposed findings of fact and conclusions of law before the trial. Utilize the jury instructions for the conclusions of law.
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PRAYER
WHEREFORE, the Defendants moves this court for relief and to stay collection of any fines or
penalties until the outcome of appeal.
Affiant sayth not, All Rights Reserved, Jeffery-Dean: Saxon, “Sovereign”, “One of the People”
Jeffery-Dean: Saxon reserves the right to amend this petition at any time.
_____________________________
Jeffery-Dean: Saxon c/o
JEFFERY DEAN SAXON
ADDRESS
Warren Michigan [48089]
PHONE
Accused in Pro Per
At Arms Length
Restricted jurisdiction
By special visitation - “ special appearance”
To challenge jurisdiction of the Court
VERIFICATION
The foregoing statements are true, correct and complete to the best of my belief.
Dated 24th day of September 2010
___________________________________
Jeffery-Dean: Saxon – Trustee for:
JEFFERY DEAN SAXON©
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FURTHER AFFIANT SAITH NOT.
Principal, by Special Appearance, a living breathing, flesh and blood man, proceeding Sui Juris.
Subscribed and sworn, without prejudice.
My Hand and Mark as Subscriber
Date: _____________________ Common Law Seal: __________________________________
Michigan State Republic )
) Jurat
Macomb County )
On the ______ day of ____________, 20_____, Jeffery-Dean, family of Saxon personally
appeared before me and proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed hereto and acknowledged to me that he executed the same under
asservation, and accepts the facts thereof. Subscribed and affirmed before me this day. Witness
my hand and seal this ______ day of __________________, 20_____,
_______________________________________________________
Notary Signature
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My commission expires:
_______________________________________________________