I got a sad letter from my attorney this week. He informed me that the Supreme Court of NH upheld the lower court’s decision to deny my application for a license to carry a handgun discreetly. You can read the decision here:
Coming back after a break from internet broadcasts, the producers are happy to announce a new episode of AKPF #1 for cable and webcast, featuring content filmed very recently in the Keene area. IP strikes have delayed the release of some episodes and prevented others from being broadcast on youtube and other free video hosting services. Featuring almost entirely original content, this episode should hopefully remain outside of the grasp of information censors. Enjoy this week’s episode of AKPF #1, Cultwell, featuring an interview with Cantwellism researcher Ethan Glover by Garret Ean.
On June 9, the NH Supreme Court released the long awaited ruling in the case of City of Keene v. James Cleaveland, et al (aka Robin Hood of Keene). It looks like Robin Hood of Keene is heading back to court for the request for injunctive relief, the rest of the case was affirmed by the Supreme Court.
Here are three relevant portions of the decision:
“[W]e conclude that the trial court correctly determined that enforcing the City’s tortious interference with contractual relations claim would violate the respondents’ First Amendment rights. Given this conclusion, we need not reach the respondents’ argument that the tortious interference claim is also barred by the State Constitution. (more…)
Today is my birthday, and where else would I want to be at 8:30am except in Judge Burke’s courtroom, awaiting another parking ticket arraignment? Last time I tried the “dead fish” strategy: I didn’t speak during arraignment, I barely spoke during trial, and I was predictably railroaded by the prosecution. Judge Burke found me guilty of two parking violations and fined me $10.
The trial and everything leading up to it costs the court (and therefore the taxpayers) far more than the $10 collected in “revenue”. Not only is it costly for the government to prosecute this victimless crime, it’s also time consuming: the prosecutor was kept busy filing paperwork, gathering witnesses, and preparing his arguments. The entire parking enforcement (which only consists of 2 people) was incapacitated for nearly 4 hours while sequestered for trial. How much money can the city government collect in 8 parking enforcement man-hours? Well, that opportunity was lost because I chose to take these tickets to trial.
If you think this is stupid, you might be surprised that I agree with you. What a waste of time and money! But remember — I didn’t set the system up this way — the people calling themselves “the government” did. And they can stop this charade at any time by simply dismissing the parking tickets. What would they have to lose? They’d certainly have a lot to gain.
Anyway, this time, I chose a new strategy: Go to arraignment with a piece of paper already written out, explaining that I want to plead GUILTY, except the paper is *UNSIGNED*. Once Judge Burke accepts this piece of paper, it becomes part of the record. It is now on the record that I want to plead guilty.
You’d think that would be enough, but Judge Burke did something interesting. He entered a plea of NOT GUILTY on my behalf. Why would he do that? The answer can be found in the following short video from court this morning:
In short, my point was: The judge has demonstrated bias against me, the defendant. Judge Burke is presuming (without evidence) that I am subject to the laws of the State of New Hampshire, but that is one of the elements that must be proven by the prosecution! How can I be forced to be at arraignment if the Judge is not presuming jurisdiction?
What do you think about this strategy? My next step is to file a motion to reverse the plea and motion to have Judge Burke recuse himself because of the bias he demonstrated. He is protecting the prosecutor and doing his job for him by assuming one of the essential elements of the crime: jurisdiction. Without jurisdiction, the case must be dismissed, but he’s not going to let that happen, is he?
Heroic activist, blogger, entrepreneur, and Free State Project participant James Cleaveland was sentenced in Judge Burke’s courtroom in Keene, New Hampshire for the charges of “disorderly conduct” and “resisting arrest”. His charges stem from a June 30th incident in which James was video recording police. According to officer accounts, James was ordered to move back from an “active scene,” and he complied. After complying with the first officer’s request, a different officer demanded he move back further. He refused and was arrested.
Darryl W Perry walked into the Cheshire County House of Corrections this Friday. He walked out today, Monday. However, according to Mr Perry, he was not corrected.
Darryl was sentenced $163 in fines for the offenses of “Residency” and “Operating a Vehicle That is Not Registered”. What that means in plain English is that Darryl has a valid driver’s license in Arizona, but the State of New Hampshire alleges that Darryl is a resident of New Hampshire and must change his license over to New Hampshire.
New Hampshire law specifies that an inhabitant is not necessarily a resident, and Darryl asserts that he is not a resident. Therefore, he is not required to apply for a new license. Even if he wanted to, Darryl points out that he lacks the documents the State needs to prove residency. Even if he were able to acquire the forms and signatures necessary, he still wouldn’t be granted a new license because he has a warrant out of South Carolina (also for victimless crimes).
Darryl kept his spirits high throughout the experience. He had a celebratory lunch before going in and plans to have a celebratory supper now that he is out. Darryl produces a daily podcast and content at http://FPP.cc