Petition And Motion To Vacate Lower Court Bench Warrant And Hearing

COLORADO COURT OF APPEALS
2 East Fourteenth St 3rd Floor
Denver, Colorado 80203

______________________________________________________

THE CITY AND COUNTY OF DENVER,
Appellee,

v.

RICHARD (RICK) STANLEY
Appellant

Party without Attorney
Richard (Rick) Stanley
6280 E. 39th Ave.
Denver, Colorado 80207
Phone number: (303) 329-0481
Fax number: (303) 329-0498

Case No. 03CA1130

PETITION AND MOTION TO VACATE LOWER COURT BENCH WARRANT AND HEARING

Aggrieved Appellant, Richard Stanley, hereinafter known as Rick Stanley, without assistance of counsel, submits this PETITION AND MOTION TO VACATE LOWER COURT BENCH WARRANT AND HEARING to the pleading standard described in Haines v. Kerner, 404 U.S. 519-421 (See Hall v Bellmon 935 F.2d 1106 (10th Cir. 06/03/1991) and relies on the Court to explain any deficiency concerning Petitioner?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)

After the City?s Motion To Strike Notice of Appeal was filed on June 20th, in this ongoing appeal, Judge Robert Patterson of Courtroom 151P, City and County of Denver, issued a bench warrant for Appellant Richard Stanley, for failure to appeal in courtroom 151P at 8:30AM this past Thursday, June 26, 2003, for the purpose of imposing the sentence in the original case by Judge Patterson, for this appealed case to the Colorado Court of Appeals. Richard Stanley notified and supplied all documentation that this case was being appealed to the Colorado Court of Appeals in a Petition and Motion to Vacate Hearing to Impose Sentence and Order for Hearing. The Petition and Motion was never answered. Judge Paterson?s lower court has no valid jurisdiction regarding this case which is lawfully under appeal to the Colorado Court of Appeals. The City of Denver objected to Defendant?s Motion to Vacate, and states that the Colorado Court of Appeals is without jurisdiction to review decisions of the Colorado Supreme Court. The Colorado Supreme Court did not produce a decision. They failed to hear the case, and the case was appealed to the Colorado Court of Appeals, which is within Appellant?s right to do. All court fees were paid and within a timely period per the Colorado Rules of Procedure. The Writ of Certiorari was denied a hearing by the Colorado Supreme Court on May 19, 2003. Appellant?s Notice of Appeal was time stamped June 12, 2003 by the clerk of the Colorado Court of Appeals. The original Stay of Execution and appeal bond of $2500.00 is still in effect from the sentencing hearing of July 25, 2002. In March, Judge Robert Patterson ordered another hearing under penalty of a bench warrant, and at this hearing gave Stanley (Appellant) until April 11, 2003, to secure a new continued Stay of Execution from the Colorado Supreme Court. That Stay was ordered by that court on March 11, 2003, but was unneeded because Judge Robert Patterson never released the $2,500.00 bond or the Stay of Execution. On May 29, 2003, Stanley executed in Judge Robert Patterson?s court, a VERIFIED CLAIM to bond ?In Rem Claim on Land,? which Judge Robert Patterson denied, claiming the Stay of Execution ordered by his court was still in effect (it was, and still is), and therefore he would not release said $2,500.00 bond.
Now Judge Robert Patterson is attempting to do the same, with Stanley?s case again, but he is stating that there is no Stay of Execution in effect because the Colorado Supreme Court Stay of Execution is over because they denied to hear the case. With Judge Robert Patterson?s Order of June 11, 2003, to impose sentence at 8:30AM on June 26, 2003, Judge Robert Patterson violated Stanley?s appeal rights by claiming jurisdiction over Stanley regarding this appeal, and is playing a dangerous game in his zeal to have Stanley?s sentence imposed while still on appeal.
Stanley, knowing Judge Robert Patterson?s court had no jurisdiction to order this hearing, did not appear, and a bench warrant was issued by Judge Robert Patterson.
The actions outlined in this Petition and Motion, show a judicial branch of government in Denver that is out of control, drunk with power without jurisdiction, and has shown dishonesty and arrogance towards a Denver citizen who wishes to secure his God given rights of self-defense, and to actually exercise the right to keep and bear arms in defense of his person, which is a protected and guaranteed right of all Colorado citizens based upon the Colorado Constitution at Article II, Sec. 13, which if not prevented by this higher court, will continue to cause irreparable harm to Mr. Stanley, and the honor and integrity of the judicial system itself, which is really on trial here in the City and County of Denver courts. A rogue judge of a municipal corporation or county, who wishes to illegally seize power of jurisdiction back away from the Colorado Court of Appeals, because he wants to impose sentence now, violates the jurisdiction of the Colorado Court of Appeals. Colorado citizens such as Mr. Stanley, have a right to judicial protection from the higher court, by a corrupt city?s judicial power grab under the ?color of law.? The Colorado Court of Appeals has their own timetable of events, to decide a Notice of Appeal and Appeal Brief without undue pressure and interference from a lower court, who wants to jail a Colorado citizen in violation of the very laws he has sworn to defend.
FOR THE FOREGOING REASONS, the Appellant respectfully requests that the Court grant the PETITION AND MOTION TO VACATE LOWER COURT BENCH WARRANT AND HEARING.

Respectfully submitted,

__________________________
Richard (Rick) Stanley

CERTIFICATE OF DELIVERY

I HEREBY CERTIFY that the foregoing PETITION AND MOTION TO VACATE LOWER COURT BENCH WARRANT AND HEARING was delivered on this ______day of June, 2003, by placing the same in the U.S. Mail, postage prepaid, addressed to:

__________________________________
Richard (Rick) Stanley

City and County of Denver Court
Clerk of the County Court
1437 Bannock Street
Denver, Colorado 80202

Office of the City Attorney
James C. Thomas No. 13583
Paul W. Puckett No. 5885
Assistant City Attorneys
201 W. Colfax Ave. Dept. 1207
Denver, Colorado 80202

Judge Robert S. Hyatt
Denver County District Court
1437 Bannock Street
Denver, Colorado 80202

Colorado State Supreme Court
Mac V. Danford, Clerk
2 East Fourteenth Street Suite 401
Denver, Colorado 80203

Colorado Court of Appeals
2 East Fourteenth Street 3rd Floor
Denver, Colorado 80203