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Motion To Vacate Lower Court Decision
THORNTON MUNICIPAL COURT, COUNTY OF ADAMS, STATE OF COLORADO
Case No. CR-2002-006386-MS
(ticket no. 6006970)
O3CV0533
Motion To Vacate Lower Court Decision
Aggrieved Defendant, Richard Stanley, hereinafter known
as Rick Stanley, without assistance of counsel, submits this Motion to
Vacate Lower Court Decision to the pleading standard described in Haines
v. Kerner, 404 U.S. 519-521 (See Hall v Bellmon 935 F.2d 1106 (10th Cir.
06/03/1991) and relies on the Court to explain any deficiency concerning
Defendant's pleadings as outlined in Platsky v. C.I.A. 953 F.2d. 25.
Additionally, pro se litigants are to be given reasonable opportunity to
remedy the defects in their pleadings. Reynoldson v Shillinger 907F .2d
124, 126 (10th Cir. 1990); See also Jaxon v Circle K. Corp. 773 F.2d
1138, 1140 (10th Cir. 1985) (1).
New information must be brought before the presiding court
regarding this case. On March 18, 2003, Governor Owens signed into law
SB-25 which forbids cities or counties within the state of Colorado to
violate the state constitution, specifically in regard to open carry of
a weapon anywhere in the state of Colorado, with local ordinances that
violate the same state constitution of Colorado. With the signing of
this bill, Governor Owens, made it a crime for cities to violate any
Colorado's citizens' right to openly carry a weapon on their person
without registration or permit, in other words, a guaranteed and
protected constitutional right, that cannot be taken away by any
government agency acting under the color of law, whether it be an
ordinance or otherwise. This was always the law in Colorado, however,
cities were routinely violating the state constitution, backed by the
unconstitutional local courts, which had a vested monetary interest in
maintaining these ordinances, to rob, steal and illegally control by
arrest, law abiding citizens from exercising those guaranteed and
protected constitutional rights to openly carry a weapon anywhere in
Colorado.
This is a new law, which strengthens the state constitution
in this matter. However, it says the same thing as the state
constitution did before SB-25 was signed.
The ordinance, that Stanley was arrested for, was defective
from the beginning. Rick Stanley is the first to challenge it. The
legislators and governor saw the unconstitutional acts by local cities
and courts and have corrected the problem from March 18, 2003, and
forward with SB-25. Only this court can correct Stanley's case, as it
was before March 18, 2003. Rick Stanley's action was in harmony with
the Colorado state constitution, therefore, the ordinance was illegal,
null and void from the beginning.
Laws are enacted to secure and facilitate the lawful
exercise of our rights, not to subvert or injuriously restrain such.
FOR THE FOREGOING, the Defendant respectfully requested that
the Motion to Vacate Lower Court Decision be granted.
Respectfully Submitted
______________________
Rick Stanley
SERVICE
I the undersigned do hereby certify that a true and correct copy of the
foregoing was delivered in person to the following respective addresses
as indicated below this __21st___ day of April, 2003.
_________________________________
Rick Stanley
Thornton Municipal Court
County of Adams
State of Colorado
9500 Civic Center Drive
Thornton, Colorado 80229-4326
Office of the City Attorney
City of Thornton
Gary G. Jackson No. 14787
9500 Civic Center Drive
Thornton, Colorado 80229-4326
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Email Rick Stanley at rick@stanley2002.org |