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PERMFILE64427
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PERMFILE64427
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Entry Properties
Last modified
8/24/2016 11:10:23 PM
Creation date
11/20/2007 8:24:58 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
11/21/2005
Doc Name
Exhibits 41-50
From
City of Black Hawk
To
DMG
Media Type
D
Archive
No
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Fact No, 4 Trial by jury was requested. Clerk failed to disclose the <br />correct amount of money required to be deposited fior <br />answer of complaint and jury trial. <br />Fact 5. The case was described as a civil case, but criminal <br />sanctions were applied when ne injury was proven. <br />Black"s Law Abridged fiv'. Ed, X261 Criminal Proceeding_One instituted <br />and conducted for the purpose either of preventing the commission ofi crime, or <br />for the fixing the guilt of a Crime already committed and punishing the offender, <br />as distinguished from a "civil° proceeding, which is dte redress of a private <br />injury..." (Emphisis added) sea also criminal procedure. <br />Colorado Ca stitution, Article Il, Section 16. CrirnirraJ prvsecut/ans rights of <br />defendant. !n criminal prosecutions the aC:USed shall have the right to appear <br />and del®nd in person and by counsel; to demand the nature and cause of the <br />accusation; to meet the witnesses against him face to face; to have process to <br />compel the attendance of witnesses in his behalf, and a speedy public trial by an <br />impartial jury of the county or district in which the offense is alleged to have been <br />committed. <br />Fact No. 6 Plaintiff's admitted, through testimony that they violated 4~'. <br />Amendment Rights. <br />Fact No. 7 On August 21, 2003, Attorney James, J. Petcock flied Motion <br />for Assessment. Court Rules allow f 5 days atti`er judgment. <br />rtdofron filed 24 days afterjudgmerrf. <br />Fact No.6 AppeAe's agent(s) trespassed upon Appaliant's properly <br />without a warrant. <br />SUMMARY OF THE ARGUMENT <br />County Courts are Courts of general jurisdiction, with restrictions, have <br />parameters to maintain mostjurisdic4ion. <br />ARGUMENT <br />Subject matter jurisdiction is the authority of any court to hear and decide <br />the issues before it Stack's Law Dictionary B"' Edition. Once subject matter <br />jurisdiction Is challenge it is up to the opposing party to prove there is jurisdiction. <br />Appellants continually brought up the issue of subject metterjurisdiction to be <br />
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