Monday, March 14, 2011

DUAL NATURED 1-18-11

Paul spoke well of the warring of the flesh with the spirit inside a man. It is amazing to me how deeply rooted my carnal nature is in evil and for a spirit made alive in Christ how it can soar to the heavens. Being now upon my 30th day on this water only fast the voices of my flesh is adamant and boisterous. The wickedness is far more subtle than perversity of lust, hatred, greed or conniving. Even food is not fueling a raging hunger. No the battle is all in the mind. My mind’s imagination is on a rapid fire and on constant.

Whether cooking, law, work, Dorean battles, marriage, relationships, hopes, disappointments, or just plain minutia the truth of it all is to distract from my thoughts being upon the Lord. Isn’t this the purest form of wickedness? How many “good” people have led an entire life without any grand displays of wickedness except their spirit never pondered the Lord. I battle with my spirit against this selfish ignoble flesh by praying by spirit. After a season the mind comes along and joins and I am liberated for the moment. The other tactic I use is to sing and worship. Somehow entering His courts with praise and thanksgiving serves the selfish root and the spirit soars. If you are like me perhaps these methods will help you. Do not neglect to fast for the battles of practice will yield victories when it counts. Training is good for every soldier.

31 comments:

joseph said...
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joseph said...
This comment has been removed by the author.
Joseph said...

All 0f the below applies to the dorean saga
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MEMORANRUM OF POINTS AND AUTHORITIES
IN SUPPORT OF MOTION FOR RECONSIDERATION
(Fraud)

Fraud vitiates everything it touches. (common law maxim) Nudd v. Burrows (1875) 91 U.S. 416.

Fraud destroys the validity of everything into which it enters. Boyce’s Executors v. Grundy (1830) 28 U.S. 210.

Fraud vitiates the most solemn contracts, documents and even judgments. United States v. Throckmorton (1878) 98 JU.S. 61, 70.

No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgment of a court, no order of a minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. …fraud vitiates all transactions, and if taken for a fraudulent purpose to carry out a fraudulent scheme, such action is void and of no force or effect whatever, equity will compel fair dealing, disregarding all forms and subterfuges, and looking only to the substance of things.

Jackson Law Office, P.C. v. Chappell, 327 SW3d 15 at 27 citing Libhart v. Copeland 949 SW2d 783, 794.

(Impeachment of record if by fraud)

CCP section 1916 provides that any judicial record may be impeached by evidence of want of jurisdiction in the court or judicial officer of collusion between the parties, or of fraud on the party offering the record in respect to the proceedings.

Cross v. Tustin (1951) 37 Cal.2d 821, 824; 236 P2d 142.

That section is a codification of the settled doctrine that a court has inherent power to expunge a fraudulent record or set aside a decree procured by extrinsic fraud. Id. at pp 824-5

Impeachment of the record must necessarily rest on the ground that through fraud and collusion the apparent record is not a record at all, but is a forged or fraudulent instrument which has no existence as a record, therefore the court will expunge it. Id. p.825.

(Extrinsic fraud)

The essence of extrinsic fraud is one party’s preventing the other from having his day in court.

Navarro v. IHOP Properties Inc. (2005) 134 Cal.4th 834, 844; 36 CR3d 385.

Examples of extrinsic fraud are: …failure to give notice of the action to the other party… Id. at p.844

The type of fraud necessary to vacate a final judgment is extrinsic fraud… (citation) City and County of San Francisco v. Cortagena (1995) 35 Cal.App.4th 1061, 1067; 41 CR2d 797.
Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been ‘deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.’ (citation) Id. p.1067

(Notice)

That there must be notice to a party of some kind, actual or constructive, to a valid judgment affecting his rights, is admitted. Until notice is given, the court has no jurisdiction in any case to proceed to judgment, whatever its authority may be, by the law of its organization, over the subject matter.

Windsor v. McVeigh (1876) 93 U.S. 274.

A denial to a party of the benefit of a notice would be in effect to deny that he is entitled to notice at all, and the sham and deceptive proceeding had better be omitted altogether. Id.

(Void judgment)

The affirmance of a void judgment upon appeal imparts no validity to the judgment, but is in itself void by reason of the nullity of the judgment appealed from. (Pioneer Land Co. v. Maddux, 109 Cal. 633, 642 [42 P. 295, 50 Am.St.Rep. 67].)

“The doctrine of res judicata is inapplicable to void judgments. ‘Obviously a judgment, though final and on the merits, has no binding force and is subject to collateral attack if it is wholly void for lack of jurisdiction of the subject matter or person, and perhaps for excess of jurisdiction, or where it is obtained by extrinsic fraud. [Citations.]’ (7 Witkin, Cal. Procedure, supra, Judgment, § 286, p. 828.)” (Rochin v. Pat Johnson Manufacturing Co. (1998) 67 Cal.App.4th 1228, 1239–1240.)

fireinthehole said...

Osho:

"Somebody cannot manage to have medicines for his dying wife and he steals. You cannot call him a criminal. In fact, the society is criminal which does not make
arrangements for a dying wife. That man is simply breaking the rule of a criminal society. But he will be called criminal, because the society owns the courts, the judges, the law, the constitution, everything.

Most of the criminals are created by situations. Most of the politicians are created by their own ambition. Hence they are the most dangerous people in the
world. And if the world wants to be at peace, politicians should disappear entirely from this planet. And once they disappear, criminals will disappear
without much effort. They are simply shadows of the politicians. The politicians have created a society which is basically criminal."

dr. ira gilac said...

dun worry, like little wed widing hood say....THE END IS CUMMING!! THE END IS CUMMING!!

fireinthehole said...

it cannot cum fast enough either.

dr. ira gilac said...

rember the 1979 movie THE CHINA SYNDROME?


from wiki:


The film was released on March 16, 1979, 12 days before the Three Mile Island nuclear accident in Pennsylvania; in the film, a physicist says that the China Syndrome would render "an area the size of Pennsylvania" permanently uninhabitable. While some credit the accident's timing with helping to sell tickets,[5][6] the studio attempted to avoid appearing as if it were exploiting the accident, including pulling the film from some theaters.[7]

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think the loonymati no sumthins releasing a nook plant meldown movie only 12 days beefo the tree mile eye land reenactment in pencil vein eeya?


nah...it al just conspricy sh8t

Yetter said...

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it."
–Frederic Bastiat

The industry calls these crimes “document irregularities” or “technical issues” but I see it differently. According to the “law”, if there is such a thing anymore,these “irregularities” are FELONIES.
But that only applies in a land where the law is enforced…

Joseph said...

"Irreparable harm would rest upon plaintiffs showing that their constitutional rights have been violated; violation of a constitutional right is irreparable harm, even for minimum periods of time; one who shows deprivation of a constitutional right NEED GO NO FURTHER in showing the requisite harm for injunctive relief.
Hill v. Green County School District, 848 F.Supp.697 (S.D. Miss. 1994)

Joseph said...

"An action in a court of the United States seeking relief other than money, damages and stating a claim that an agency of any officer or employees thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein denied on the grounds that it is against the United States or that the United States is an indispensable party.
Beller v. Middendorf, 632 F.2d 788 (1980)

Joseph said...

"To take away all remedy for the enforcement of a right is to take away the right itself. but that is not in the power of the State."
Siebert v. Lewis, 122 U.S. 284, 295

Joseph said...

"Any right to monetary relief against the government must be grounded in contract, statute, or the Constitution."
Detroit International Bridge Company v. United States, 32 Fed. Cl.225 (1994)

Joseph said...

"Punitive damages are injuries and sufferings that were intended, or occurred through malice, carelessness or negligence amounting to a wrong so reckless and wanton as to be without excuse."
Ross v. Leggett,23 N.W.695, 697 (1886).

Joseph said...

Speaking of Judge Alsup:

"When one fails to perform part of his duty and it impinges upon the rights of a citizen, he is said to be a trespasser from the beginning because his whole justification fails, and he stands as if he never had any authority at all to act.
Brock v. Stimson, 108 Mass.520 (1871); Hefler v. Hunt, 112 A. 675, 676 (1921).

"One who interferes with another's liberty does so at his peril."
Kroger v. Passmore, 93P.805,807 (1908); McBeath v. Campbell, 12S.W.2d 118, 122 (1929).

Example of damages or injuries sustained because of unlawful acts: (1) Bodily pain, (2) great physical inconvenience and discomfort, (3) loss of time, (4) mental suffering, (5) injury to reputation, (6) distress, and anguish, (7) humiliation of mind, (8) embarrassment, (9) shame, (10) public ridicule,(11) invidious publicity, and
(12) public disgrace.

The Dorean Group has been violated in all 12 areas. I'm sure they could add to that list.

Joseph said...

"Right to a fair trial is basic requirement of due process and includes right of unbiased judge."
Haupt v. Dillard, 17 F3d 285 (9th Cir. 1994)

Joseph said...

How did Kurt & Scott get convicted in all fairness? Why wasn't the jury told to take the necessity of "intent" into their consideration & if this instruction is a mandatory element according to court precedence & this idea was intentionally not given by Judge Alsup, to the Petite Jury by way of instruction, is this not proof in and of itself, of abuse of discretion by Judge Alsup?

"Person is not criminally responsible unless CRIMINAL INTENT accompanies wrongful act."
Gasho v. U.S., 39 P3d 1420 (9th Cir. 1994)

Where was the criminal intent of the Dorean Process from the very beginning? It surely wasn't in the business plan. It surely wasn't in the presentment to the banks. Where was this criminal intent ever manifested? This criminal intent was never shown or proven, yet they got convicted.

Joseph said...

"Failure to adhere to agency regulations may amount to denial of due process if regulations are required by constitution or statute."
Curley v. United States, 791 F.Supp.52

Joseph said...

"An individual who is engaged in lawful, innocent and harmless activities for lawful compensation is not subject to any income or revenue tax. All Americans by nature are free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, included in the right of personal liberty and right of private property is the right to make contracts for the acquisition of property. Chief among such contracts is that of personal employment, by which labor and other services are exchanged for money or other forms of property."
Coppage v. Kansas, 236 U.S. 1,14

Did the United States infringe upon the Dorean Group's rights of freedom to contract, and the rights of acquisition of property, both unalienable rights? They surely did when they expunged those UCC-1 liens in CA. They surely did when they shut the company down by court decree. The only proof needed is that the convictions are overturned.

fireinthehole said...

Read the book "The Score" by Rudy Stanko. Kurt & Scott were in doing business in an industry [refinancing mortgages] that is considered by the Jewish International Bankers to be reserved for themselves.


Here's a partial review from someone who read it (from Amazon.com):

"Unfortunately for him [Stanko], he was in an industry [meat packing] that was considered by the Jews to be reserved for themselves. With the cooperation of the press, they brought criminal charges against him, convicted him, and put him out of business."

"...the international bankers are America's worst nightmare!!!"


After you get through reading the book, let me know if you think any case law will help Kurt & Scott.

Joseph said...

"The essential elements of due process of law are notice and opportunity to defend."
Simon v. Croft, 182 U.S. 427

Joseph said...

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
Miranda v. Arizona, 348 U.S. 436, 491.

Joseph said...

"Judge must be fair to all parties and may not do or say anything that might prejudice either litigant."
U.S. v. Price, 13 F.3d711 (3rd Cir. 1994)

Joseph said...

"Where property or rights are enjoyed under a grant or contract made by a State, they cannot wantonly be invaded. Whilst the State cannot be compelled by suit to perform its contracts, any attempt on its part to violate property or rights acquired under its contracts, may be judicially resisted; and any law impairing the obligation of contracts under which such property or rights are held is void, and powerless to affect their enjoyment."
Hans v. State of Louisiana, 134 U.S. 1,21

fireinthehole said...

"Judge must be fair to all parties and may not do or say anything that might prejudice either litigant." U.S. v. Price, 13 F.3d711 (3rd Cir. 1994)


Now that's a keeper. LoL

OMO said...

Maximum Security Prison
- A Human Zoo
- The ultimate place for human degredation / human depredation

http://www.youtube.com/watch?v=35u5N6V_EsM

habakkuk said...

In scripture, Yeshua mentions the Church 4 times, the Kingdom over 100 times, and JUSTICE over 500 times..

OMO said...

"...and JUSTICE over 500 times.."


It must have been scarce back then too.

dr. ira gilac said...

After you get through reading the book, let me know if you think any case law will help Kurt & Scott.

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the only thins dat gonna help kirk and scoot is cummin soon....unfortoonaly, it gonna cum as a meltdown....the hole thins is gonna meltdown....



the reel state makeit, the sock market, da nook planets, the meddle east...da..da...da..da....


da hole thins....it gonna melt down soon.....



hurry up and eat yo eye scream coss it gonna meltdown.....

OMO said...

After meldown, then what? Whatever it is, it may drag on for years.

OMO said...

What did they do with the millions of dead sardines that washed ashore in SF?

More mysterious fish (Dolphin) deaths

http://www.youtube.com/watch?v=XSKz6WoOdyI&feature=feedu

dr. ira gilac said...

just make sho dat y'all sock up on eye o dyin pills...yo already cant fine any on da mark it...they all sole out allreddy....govt boght up 500000 pills...i alreay call 20 places an they all sole out.