Posted by Daniel Montes, Jr. on 6/24/11

More | Report Post

I have a pending motion to declare CH 708 Unconstitutional
before Judge Nash, Dallas County JP1-2 in Lancaster Texas.
Its State of Texas v Daniel Montes, Jr. I have found four
basic legal flaws in CH 708 that are clearly
unconstitutional under the state and US Const. The recent
legal challenges follow the double jeopardy reasoning, but
fail. I know four legal arguments that will blow it out of
the water. Be advised that I have included in the proposed
order for the State to reimburse every dollar that was
collected at 18% APR interest, reinstate every suspended
DL, declare CH708 unconstitutional, and hold the state and
its agents in contempt if it continues to enforce the
statute. You say JP does not have the authority to rule on
the motion. It actually does. Its a court of law. It can
deny my motion then I file an interlocutory appeal to the
Dallas County Court. It for sure can rule on it. If not
will do a writ of mandamus to the TX Court of Criminal
Appeals. If they drop the ball then a writ of cert US Sup
Ct. Ok, you want to know the four legal arguments. Its
easy. One, Tx Congress prohibited from delegating its
taxing authority to the TxDPS and or MSB. Two Tx Congress
prohibited from enacting any local, special or private law
for the assessment or collection of taxes. Three and Four
are long shots based on violations of the US Const. I
welcome any friends of the court supporting briefs. Please
file them now. I have given the Dallas DA and TX
Soliticitor General written notice of the motion. They will
respond. Come get in on the action. We can argue it in
Austin or maybe in DC. I will post the hearing date so you
can attend. Please get the word out. I am trying for
everyone who has been burned. Will get your money back. I
Need your support. By you attending the hearings will show
the judge that this is a hot topic that needs to be
addressed. Thankyou. Daniel Montes, Jr., 469-563-8998 cell,
danielmonteshernandez@gmail.com

Re: Court of Criminal Appeals of Texas has accepted the case., 8/03/11, by Daniel Montes.

Due Process Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST