This is a case arising out of the unconstitutional revocation of my driver's license. It is a Trial De Novo Action to review the final decision of the Director of Revenue for the State of Missouri.|
I need to give an explanation to this case or it will confuse you. In the case number CV398-699CC I filed a motion for trial de novo review of the Director of Revenue's illegal revocation of my driving license beyond the statutes of the State of Missouri. The Trial Court of Ronald J. or R. Jack Garrett refused to hear the petition and threw me out for lack of subject matterjurisdiction (fancy words that means a court is not required to give due process). I appealed to the Missouri State Supreme Court on Constitutional grounds, Resuslting in Mo. Supreme Court case# 81426. The Missouri Supreme Court Transfered the Case to the Southern District Court of Appeals, Case #23071-1, where on the 10th day of January 2000 Oral Argument was heard. The Court of Appeals issued an opinion on the 15th day of February 2000 dismissing the appeal on the grounds that the trial judge had failed to enter a judgment. The mandate of the court of appeals was that trial judge should enter a judgment. The Trial Judge did enter a Judgment on the 18th day of February 2000, which is less than a judgment in my opinion. I filed Motion to reconsider on the 25th day of February 2000. Now good luck, I am sure there is motions that you can use for yourself as templates in this case. Appeals process, Record on Appeal, Legal File, Transcript, Motion to Reconsider, and I espically like the Bill of Cost filed in this case all are good work. Please help yourself. Lee
On March the third the Court of Appeals issued a Mandate. It was less than ethical, and I filed a Motion for retaxation of the Bill of Cost. I also raised the issue of the common law Writ of Procedendo. You should read this.
Judge Garrett' Judgment which presumably will comply with the Appeallate Court Mandate. It should be noted that I have recreated this document because I do not have a scanner or digital camera at my disposal at the moment. It is only one line and trust me it is signed by the judge.
On this the 15th day of February 2000, the Appelate Court for the Southrn Appelate Dvision for the state of Missouri has issued a ruling dismissing my Appeal of the Revocation of Driving Privledge's beyond the statutory requirments. The dismisal hinges on the trial court's failure to make a judgement. Here is the link to the decision, if anyone cares.
Appeal # 23071-1 The opinion as published by the Courts of the State of Missouri
Appellant Reply Brief 09/15/99
Appellant Brief 07/30/99
The Missouri Supreme Court has ruled that the proper Jurisdiction is with the Court of Appeals. Specifically, The Southern District Court of Appeals Division #1. I have been here before. The new case number is now S.D.#23071-1 and can be found on Case.net.
Missouri Supreme Court Order to Transfer caseJune 29, 1999
Missouri Supreme Court Order noting objection to the Reocord on Appeal has been filed and a request to suppliment the record on appeal has been filed
Prosecutor's motion to withdraw Note they get the case number on the document
Cover Letter for the Prosecutor's motion to withdraw Note that the Members of the Bar cannot get the case number of the document
Michael P. Hutchings Motion to Withdraw dated March 22nd 1999, Note that this was filed in the Missouri Supreme Court with no Case #
Rizwan Ahad Motion to Withdraw dated March 18th 1999, Note that this was filed in the Missouri Supreme Court with no case #
Court Reporter 2nd letter Concerning the Trancript date March 15, 1999
Michael P. Hutchings Motion to Withdraw dated March 12th 1999, note that this was filed in the Missouri Supreme Court with the Trial Court #
Rizwan Ahad Motion to Withdraw dated March 12th 1999, note that this was filed in the Missouri Supreme Court with the Trial Court #
Entry of Appearance for Department of Revenue Attorney and the Mo. S. Ct. Order sustaining
Missouri Supreme Court Notice of Filing case #81426
03/09/99 Certified Docket Sheets
02/17/99 Motion for Retaxation of Bill of Costs
02/09/99 Notice of Appeal
02/09/99Affidavit for Filing without Costs
02/09/99 Income and Expense Statement
02/09/99 U.S. Individual Income Tax Return 1997
02/09/99Mo. Individual Income Tax Return 1997
02/02/99 Order of Trial Court 2nd day of February 1999
01/22/99 Motion to Dismiss
12/28/98 Request for Leave to File Second Amended Petition for Trial De Novo from Administrative Action and Objection to untimely Hearing and Ruling upon of Respondent's Defective Motion to Dismiss
12/21/98 Motion to Dismiss
11/09/98 Rule 65 Motion for Continuance
09/04/98 Petition for Trial De Novo from Administrative Action