State
of Oklahoma
County
of Tulsa
To
the Supreme Court of Oklahoma (or,
in vacation), “TO THE HONORABLE Chief
Justice Joseph M. Watt, of The Supreme
Court of Oklahoma.”
Your petitioner, Jennifer-Marie:Von
Aschen, petitioner, for James Alvaro
Burbano prisoner, of Tulsa, Oklahoma,
one of the United States of America;
complaining, shows that James Alvaro
Burbano is detained and/or is illegally
restrained of his liberty and is imprisoned
by STANLEY GLANZ, Sheriff of
the said County of Tulsa, at the David
L. Moss County Jail, 300 North Denver
Ave, Tulsa, Oklahoma, 74103 (Tel.
918-596-5701) by a void process of
law.
James
Alvaro Burbano is being held without
any authority at law, placed into
custody by a disqualified hearing
officer named DAMAN CANTRELL, UPON
AN UNKNOWN CIVIL PROCESS for “Direct
Contempt” in a court without jurisdiction.
This “hearing officer”, without any
lawful delegation of authority, has
then converted this Civil hearing,
“Direct Contempt” into a Criminal
Direct Contempt—and again; fully under
formal disqualification by James Alvaro
Burbano—DAMAN CANTRELL then held yet
another hearing (as a disqualified
judge and without jurisdiction) and
once again, held your petitioner James
Alvaro Burbano for a second “Direct
Contempt” of court.
It
is a fact, that no direct contempt
has ever occurred before said “hearing
officer” DAMAN CANTRELL. [See
Attached Affidavits of Court Watchers
whom were present and witnessed the
proceedings.] Further, “hearing
officer” DAMAN CANTRELL is factually
not of a delegation of authority to
find, nor hold anyone in “direct contempt”
of court. No duly elected judge,
as required by the Constitution of
Oklahoma 1907, has ever been involved
in the current matter, or lent his
authority in this lower court matter
in Tulsa Superior Court case number
FD-2004-4392 of which James Alvaro
Burbano is restrained of his liberty
on.
Your
petitioner/prisoner James Alvaro Burbano,
further shows, that he has formally
demanded in writing against said “hearing
officer” DAMAN CANTRELL, the probable
cause finding; and the witness against
him, who has sworn and subscribed
an oath before a magistrate under
penalty of perjury, that your petitioner/prisoner,
has in fact, committed any crime,
or breach of the peace or felony within
his presence.
Your
petitioner/prisoner, has formally
filed the following documents into
the record, supporting his formal
disqualification of DAMAN CANTRELL,
and making formal demand for hearing;
and production of records, and offer
of proof of the nature and cause of
the instant accusation against him,
with supporting law; which have gone
unheeded, in overt violation of law.
Mr. James Alvaro Burbano has formally
filed:
Item
DOCUMENT
DATE
DISPOSITION
1 |
|
09/21/05 |
IGNORED |
2 |
|
09/16/05 |
IGNORED |
3 |
|
09/22/05 |
IGNORED |
4 |
|
09/22/05 |
IGNORED
|
5 |
|
09/16/05 |
IGNORED |
Your petitioner/prisoner James Alvaro
Burbano has made formal demand for
“Contempt” hearing by the accusing
court—yet; that court has remained
absent and silent on both the hearing
for Contempt, and on the demand hearing
for disqualification of judge, which
is supported by formal motion, yet
ignored in direct violation of the
law.
Your
petitioner/prisoner James Alvaro Burbano
has also made formal demand for the
warrant and complaint in support of
said warrants supported by affidavit
under oath or affirmation, by a competent
fact witness under inquiry—Constitution
for the United States of America,
Amendment the Fourth, or a lawful
grand jury indictment in the name
of prisoner, for the commitment of
said prisoner, and the said STANLEY
GLANZ has hither to, has refused,
and still refuses to deliver such
copy to petitioner/prisoner, but merely
detains petitioner/prisoner on mere
suspicion and hearsay of said “hearing
officer” DAMAN CANTRELL who is factually,
without any delegation of lawful authority
to hold said petitioner/prisoner James
Alvaro Burbano in Direct Contempt
of court. Said respondent’s
STANLEY GLANZ and DAMAN CANTRELL both
illegally restrain petitioner/prisoner
James Alvaro Burbano of his liberty,
in direct violation of the law, merely
upon the suspicion that he may be
guilty of some criminal offense, or
further, that said James Alvaro Burbano
as his own counsel, has stood up and
asserted a positive defense in his
lower court case matter, and has asserted
his claim of his children and openly
challenged the jurisdiction of the
lower court, which has invoked a political
imprisonment from respondent’s in
direct violation of the Constitution
of Oklahoma 1907.
THEREFORE,
petitioner/prisoner James Alvaro Burbano
prays a writ of habeas corpus [Constitution
for the United States in the Year
of our Lord 1787, Article I Section
9], in this behalf, to be directed
to the said STANLEY GLANZ and returnable
forthwith, according to the form of
the statute in such cases, made and
provided, within five (5) days.
A
TRUE BILL--$1,000,000,000.00 for
denial of writ of habeas corpus.
Prepared
for MERGEFIELD LITName
James Alvaro
Burbano
(prisoner)
BY:
MERGEFIELD ServerName
Jennifer-Marie:Von
Aschen,
citizen of the MERGEFIELD
LITState Oklahoma
Republic
C/o
P.O. Box 580730
MERGEFIELD LITCity Tulsa,
MERGEFIELD LITState
Oklahoma
MERGEFIELD LITZIP [74158]
by lex domicilii
918-836-4046 |
Petitioner/Prisoner:
MERGEFIELD LITName James
Alvaro Burbano
MERGEFIELD LITAddress
2635 East
10th Street
MERGEFIELD LITCity Tulsa,
MERGEFIELD LITState
Oklahoma
MERGEFIELD LITZIP [Zip
Exempt]
MERGEFIELD LITTelNo
918-282-9337 |
State
of MERGEFIELD LITState Oklahoma
County
of MERGEFIELD LITCounty Tulsa
I,
MERGEFIELD ServerName Jennifer-Marie:Von
Aschen,
the petitioner in the foregoing petitioner
named, under the laws of MERGEFIELD
LITState Oklahoma,
makes solemn oath and says, that the
matters and things in the said petition
are true, to the best of his knowledge,
information and belief.
___________________________________
MERGEFIELD ServerName Jennifer-Marie:Von
Aschen,
citizen of the
MERGEFIELD
LITState Oklahoma
Republic
C/O P.O. Box 580730
MERGEFIELD LITCity Tulsa,
MERGEFIELD OPPState Oklahoma
[74158] by lex domicilii
918-836-4046
JURAT
Subscribed
and sworn before me, __________________________
, a Notary Public, this _____ day,
of September, in MERGEFIELD
LITCity Tulsa,
MERGEFIELD LITState Oklahoma,
in the year of our Lord, Two Thousand
Five, A.D. by MERGEFIELD ServerName
Jennifer-Marie:Von
Aschen,
personally known to me, or proved
to me, on the basis of satisfactory
evidence, to be the citizen who appeared
before me.
NOTARY PUBLIC
FFIDAVIT OF SERVICE
State
of Oklahoma
)
)
ss.
County
of Tulsa
)
I
am over 18 years of age, and not a
party to the within action.
My business address is:
Greg Chapman
10950 East 37th
Street
Tulsa, Oklahoma 74146
918-663-3652 |
By Lawful
Service |
On
the ____ day of September, 2005, I
served one copy of the following:
- Six Copies,
“Petition for Writ of Habeas Corpus”,
subscribed by Jennifer-Marie:Von
Aschen, petitioner for James Alvaro
Burbano, prisoner.
- Six Copies,
of this Affidavit of Service in
a sealed envelope with postage
pre-paid by REGISTERED MAIL#RB
637 559 457 US properly addressed
to:
James Alvaro
Burbano
2635 East
10th Street
Tulsa, Oklahoma [Zip
Exempt]
918-282-9337 |
James Alvaro
Burbano
David L.
Moss
Correctional
Facility
300 North
Denver Ave
Tulsa,
Oklahoma 74103
918-596-5701 |
Chief Justice
Joseph M. Watt
Supreme
Court of Oklahoma
Room 245
State Capitol
Building
OKLAHOMA
CITY, OKLAHOMA, 73105
405-521-3848. |
Supreme
Court of Oklahoma
State Capitol
Building
Second
Floor
OKLAHOMA
CITY
OKLAHOMA
[73152]
|
DAMAN CANTRELL
Tulsa County
Courthouse
500 South
Denver, Rm 379
TULSA,
OK 74103
918-596-538X |
STANLEY
GLANZ
Tulsa Sheriff
500 South
Denver,
Tulsa,
OK. [74103]
918-516-5601 |
Reg.Mail#RB637559457US
Michael
S. Richie
Clerk of
the Supreme Court of Oklahoma
Room B-2,
State Capitol
2300 N.
Lincoln Blvd.
OKLAHOMA
CITY, OKLAHOMA, [73152]
|
Tim Harris,
Tulsa County
District
Attorney
Tulsa County
Courthouse
500 South
Denver, Ste 900
TULSA,
OK 74103
|
Guardian
Ad Litem
RICHARD
CLARKE (BAR #11261) OKB
525 South
Main Street, STE 800
TULSA,
OK. 74103
918-599-7755 |
Sally Howe
Smith
Tulsa County
Court Clerk
2nd
Floor
Tulsa County
Courthouse
500 South
Denver
TULSA,
OK 74103-3832
918-596-5231
(Crim)
918-596-5458
(Admin)
|
Presiding
Judge
Judge Tom
C. Gillert
Tulsa County
Courthouse
500 South
Denver, Rm 501
TULSA,
OK 74103
(918) 5965354 |
|
I
declare under the laws of Oklahoma
State that the above is true, correct
and complete and certain, and that
this Affidavit of Service was executed
on September ____, 2005, at Tulsa,
Oklahoma.
___________________________
Server:
JURAT
Subscribed
and sworn to before me, this ____
day of September, 2005, in Tulsa,
Oklahoma, by Server Name personally
known to me, or proved to me, on the
basis of satisfactory evidence to
be the Citizen who appeared before
me..
_______________________________
NOTARY PUBLIC |