DOCUMENTED BRIBERY EXPOSURE OF NEW MEXICO JUDICIARY WITH INVADING SINALOA CARTEL
- d2bowman4570
- May 4, 2023
- 17 min read
IN THE NEW MEXICO SUPREME COURT OF THE STATE OF NEW MEXICO
NO. S-1-SC-39680
New Mexico District Court Cases: 7th District Court: CV-94-10; CV-02-19; D-727-CV-2021-00028
New Mexico District Court Cases 13th District Court: D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico et. al.
New Mexico District Court Cases: 2nd District Court: D-202-CV-2014-07755; CV-2022-03437; CV-2018-00514.
David Derringer,
Plaintiff-Petitioner,
V.
Defendants-Respondents,
STATE OF NEW MEXICO, BERNALILLO COUNTY SHERIFF DEPARTMENT, VALENCIA COUNTY SHERIFF DEPARTMENT, NEW MEXICO STATE POLICE, FRANCISCO “CISCO” LOVATO (AS AN INDIVIDUAL), KYM M. DAMAZYN, MIER PEDRO, RAMON MANQUERO, DENNIS CHAVEZ, SOUTHWEST EVENT CENTER LLC, D.C. LIVESTOCK AUCTION, SOUTHWEST LIVESTOCK AUCTION, BENJAMIN BENAVIDEZ JR., BENAVIDEZ RANCH, NEW MEXICO LIVESTOCK BOARD, DARRON SHAWN DAVIS, MICKEY C. CHAPEL, JENNIFER CHAPEL, JOHN CHAPEL, BEN CHAPEL, NM PROFESSIONAL BIG GAME OUTFITTERS, JOHNBEN ENTERPRISES, NM OFFICE OF THE STATE ENGINEER, NM STATE ENGINEER THOMAS TURNEY, NM STATE ENGINEER JOHN D’ANTONIO, CATRON COUNTY SHERIFF OFFICE, JOHN DOES
PLAINTIFF/PETITIONER’S NOTICE OF EXTREME COMMUNIST TREASON PLAN OF THE NM JUDICIARY IN RICO AND BRIBED JUDICIAL AND PUBLIC CORRUPTION, ENTAILING OBSTRUCTION OF JUSTICE, DEPRIVATION OF ALL DUE PROCESS AND EQUAL PROTECTION, CONSPIRACY AGAINST RIGHTS, AND DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, WHERE MOST NEW MEXICO JUDGES AND JUSTICES ARE DEMOCRAT POLITICIANS IN ROBES WHO THRIVE IN A TOTALITARIAN SYSTEM WHERE ACCESS AND INFLUENCE ARE FOR SALE PURCHASED BY THE FOREIGN INVASION ENEMIES OF THE UNITED STATES MEXICAN NATIONAL SINALOA CARTEL, AND FROM 150 AND MORE FOREIGN COUNTRIES TO OVERTAKE AMERICA INTO A COMMUNIST COUP REGIME OF DEMOCRATIC POWER AND CONTROL WITH THE STATE OF NEW MEXICO ENTIRELY UNDER THAT CURRENT DICTATORSHIP AIMED WITH FRAUD ON THE COURT EMBRACING THAT SPECIES OF FRAUD WHICH SUBVERTS THE INTEGRITY OF THE COURT ITSELF MALICIOUSLY DIRECTED AT THE JUDICIAL MACHINERY ITSELF WITH COMMUNISM INTENT, INVOLVING AN UNCONSCIONABLE PLAN/SCHEME WHICH IS DESIGNED TO IMPROPERLY INFLUENCE THE COURT IN ITS DECISIONS, WHERE THE FRAUD VITIATES THE COURT'S ABILITY, AND WHEREIN THE FRAUD BY NM JUDGES IS TO SUBVERT AND DEFEAT THE UNITED STATES CONSTITUTION ARTICLE III AGAINST THE FOUNDER’S INTENT; AND DISCLOSURE OF THE ILLEGAL AND DIABOLICAL DETAILED PLAN AFFECTING PLAINTIFF/PETITIONER DAVID DERRINGER SUSTAINED BY UNDENIABLE PROOF OF TREASON [1]
COMES NOW the Petitioner David Derringer Pro-Se with his Notice of extreme public and judicial corruption.
DETAILED FOUNDATION OF THE ALL-INCLUSIVE NEW MEXICO JUDICIARY’S VIOLATION OF ALL LAWS AND FRAUD ON THE COURT MANIPULATION AND DEFIANCE OF ALL RULE OF LAW TO AFFECT THE DESTRUCTION AND DISMISSAL OF ALL PLAINTIFF/PETITIONER’S VALID CASES WON ALREADY IN DEFAULT THAT EXPOSE EXPLICITLY THE NEW MEXICO AND JUDICIARY JUDGES AND JUSTICES AS “HONORABLE” CRIMINALS, THIEVES, DRUG ADDICTS, AND PEDOPHILE TRAITORS TO THE UNITED STATES AS A NATIONAL TERRORISTS THREAT TO AMERICA
For proven decades, the Communist Democrats of New Mexico have infiltrated all branches and agencies of NM government, packing the courts with Democrat unethical Judges and Justices lying under Oath to attain the power position, assigning and hand-picking government employees willing to explicitly take orders, even contrary and directly opposing both Constitutional laws and federal and state statutes and former case laws. The NM law enforcement community is now entirely made of Nazi Gestapo as the “police state” (NMSP stating to Derringer “you aren’t welcome here, we won’t help you”) defying statutory duties mandated (ie. NMSA 29-1-1/29-1-2) and the very agencies (ie. NMLB, Sheriff, NMSP) formed to protect citizens have been weaponized to attack citizens and form the very Mafia style cabal criminals they were designed to oppose. The safeguards of the NMAG, district attorneys are owned by Communist political tyrant George Soros, paid in bribes to defeat “justice”. Derringer has become aware that safeguards of the NM Disciplinary Board and Judicial Standards have been purchased in the scheme, wherein ineffective, leaving the NM citizens in a totalitarian dictatorship wherein even Congressional NM Senators and other public officials are involved in the coup.
The heading stated underlying cases have already been won by Derringer in DEFAULT. However, to legally sustain these mandated judgments would do serious damages and exposure of the Sinaloa Cartel and NM corruption. (ie. The helicopter landing drug and human trafficking zone is beside the Derringer ranch, on NM Hwy 32 MM-21, stolen by fraud on the court corruption of the NM judiciary, wherein obviously they never want Derringer to return) So, the ongoing plan is to continue to deny justice to Derringer, continue the attacks to drive Derringer from NM and ruin his life, or as already attempted 4 times, to kill Derringer by assassination plots by Judges Fitch, Pope, and Ortega. Now, the Sinaloa Cartel in collusion with all NM agencies of the NMLB, NMSP, CCSO, BCSO, VCSO and foreign and domestic Sinaloa Cartel have achieved larceny horse rustling and killing and mutilation of well over 224 Derringer horses, leaving no possibility for help from the very government of “We The People”. With full knowledge of the NM Judiciary corruption and graft from 30 years of personal experience, Derringer was still forced to attempt to properly use the courts for redress, replevin, and justice that does not exist in New Mexico. Accordingly, despite proper filing and form with plethora of law in support, the NM Judiciary defied all law, manipulated all rules, allows opposing attorneys to “lie, cheat, and steal” with both attorneys and all Judges and Justice personally doing FRAUD ON THE COURT to defeat justice including the New Mexico Supreme Court (of last resort). This is because the underlying regime is submersed in Judges, Justices, administration and state employees on the bandwagon of debauchery not unlike the fall of the Roman Empire. This entails the vast bribery receipt of drug, blood money, human trafficking lost 85,000 minor illegal aliens many placed with the pedophiles of NM, and the extreme and Derringer witnessed Judicial and state employee and official and politician use of cocaine, methylamphetamines, fentanyl and other controlled substances. The pedophilia ring of Judges, Justices and state employees uses, rapes, and abuses the Sinaloa Cartel human trafficked children from the government third party provided in agreements with the Cartel, and now many teachers are involved in the public-school system “grooming” young children for sexual exploitation by the Democrats in power. In obstruction of justice [2] without either jurisdiction or judicial capacity now due to the exposed FRAUD ON THE COURT, the New Mexico Supreme Court defies all law, and blocks and refuses to delegate all Derringer matters to the Federal US 10th Circuit District Court for the District of New Mexico, because the “risk” is too high for the possibility of a Federal non-corrupt Judge granting justice, devastating the NM corruption currently in place, which would likely indict and convict many NM players for treason. Instead, the NM Judiciary covers up the matter so as to due extreme damages to Derringer’s Constitutional rights of due process, equal protection and “justice denied”. The New Mexico Supreme Court, “with total knowledge” absolutely REFUSES to delegate these matters to the Federal Courts wherein in obstruction of justice denies Derringer fairness and redress in acts of discharge of oath and treason of all Justices involved criminally denying Derringer’s “equal protection” under the 5th and 14th Amendments. US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 “This section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague.”; US v. Kozminski, US Mich 1988, 108 S. Ct. 2751, 487 US 931, 101 L.Ed.2d 788, on remand 852 F.2d 1288 “Statute prohibiting conspiracy to interfere with rights secured by Constitution or laws of the United States created no substantive rights, but prohibits interference with rights established by Constitution or laws and by decisions interpreting them.”; United States v. Guest, 383 US 745 (1966); Griffin v. Breckenridge, 403 US 88 (1971) Footnote[ 101] 383 US 787 (1966) due process clause, Footnote [102] equal protection clause, Footnote [103] Sec. 5 empowers Congress to enact laws punishing all conspiracies to interfere with the exercise of Fourteenth Amendment Rights, whether or not state officers or others acting under the color of state law are implicated in the conspiracy.” ; Griffin v. Breckenridge, 403 US 88 (1971) “intent to deprive of equal protection, or equal privileges and immunities....The conspiracy, in other words must aim at a deprivation of the equal enjoyment of rights secured by the law to all.” There is no statute of limitations for bringing a fraud upon the court claim. Hazel-Atlas, 322 U.S. at 244. A decision produced by fraud on the court is not in essence a decision at all and never becomes final. Kenner v. Comm'r of Internal Revenue, 387 F.2d 689, 691 (7th Cir. 1968).
Plaintiff/Petitioner Derringer has exposed the NM Court of Appeals blatant attempt to finalize the FRAUD ON THE COURT order to achieve granting the already recused corrupt illegal District Court Judge Ortega with FRAUD ON THE COURT ILLEGAL POWER, to finish rigging the case to dismiss all matters to protect the state employees and protect the invading Sinaloa Cartel’s criminal cabal. Derringer stated his Notice to the NM Court of Appeals legally under NMRA Rule 1-060(b)(3) and other reasons. This inherently defines the exposure of treason against the United States of America by proven collaboration of the New Mexico judiciary, all inclusive, with the above Judges having direct knowledge of all their illegal acts which mandates the defeat, makes moot, mandates voiding, and withdrawal of the illegal Order of November 15, 2022. [3] these named Judges are orchestrating such sabotage of the judicial system and traitorous subversion of America willfully, maliciously, in bribery by the Sinaloa Cartel, yet also with knowledge of inherent protection by the New Mexico Supreme Court, also in collusion in treason with the Democrat subversive political agenda to destroy America for tyrannical dictatorship and global power in the forced oppression to achieve a “New World Order” with one encompassing dictatorship. This proven subversion by the illegal Order of November 15, 2022 is now illegally claimed finalized, ignoring Derringer’s already filed Petition for Writ of Certiorari filed previously to the New Mexico Supreme Court on 12-23-2022. The illegal agenda herein is for the NM Court of Appeals to attempt to solidify the FRAUD ON THE COURT to illegally remand the matters back to the already recused on August 3, 2022 Judge Ortega so the traitor Judge Ortega can rig the entire dismissal of the case to undeniably protect all involved NM state employees and agencies and protect the invasion of the foreign Mexican National Sinaloa Cartel, that has now stolen, killed, mutilated well over ongoing 224 Derringer horses with at least two counts of larceny per animal of NMSA 30-16-1 and NMSA 30-18-1 wherein by actual stealing permanently, daily stealing locking up over 60 horses each day since October 2, 2022, (larceny) and forcing Derringer to find and release them to obtain coming home to water (animal abuse NMSA 30-18-1) ONGOING DAILY; now proven all defendants have done 24,500 criminal felonies against Derringer disregarded deliberately by the NM Courts in collusion and discharge of all law enforcement willfully under NMSA 29-1-1 and 29-1-2 also disregarding “replevin”. Fraud on the court requires a "scheme by which the integrity of the judicial process has been fraudulently subverted by a deliberately planned scheme in a manner involving 'far more than an injury to a single litigant.`" Addington (Page 9) Farmer's Elevator Mutual Insurance, 650 F.2d 663, 668 (5th Cir. 1981) (quoting Hazel-Atlas Glass, 322 U.S. 238, 245-46, 64 S.Ct. 997, 1002 (1944)).
Derringer has a duty as an American as well as the Plaintiff/Petitioner/Appellant to expose these judicial terrorists Mafioso for the protection of himself and the American and New Mexico population of the public corruption. The standard the Sixth Circuit has announced for independent actions, for example, requires conduct: 1. On the part of an officer of the court; 2. That is directed to the "judicial machinery" itself; 3. That is intentionally false, willfully blind to the truth, or is in reckless disregard for the truth; 4. That is a positive averment or is concealment when one is under a duty to disclose; 5. That deceives the court. Demjanjuk v. Petrovsky, 10 F.3d 338, 348 (6th Cir. 1993).
INDISPUTABLE FACTS ABSOLUTELY KNOWN BY THE NAMED JUDICIAL TERRORISTS OF THE NEW MEXICO COURT OF APPEALS:
2ND Judicial District Court Judge Ortega was recused of court record on August 3, 2022 with no legally re-assigned Judge, leaving the case suspended depriving Plaintiff Derringer of all due process and equal protection, while the subversive traitor terrorist Judge Ortega was continuing to rig the case without stepping down, without any hearings ignoring all Derringer’s Motions and pleadings, having ex-parte conferences with the Defendants, denying Derringer’s mandated jury, denying any trial and denying the already won DEFAULT JUDGMENTS AGAINST ALL DEFENDANTS, instead setting a November 1, 2022 hearing to cancel and order denied the entire case, already won by Derringer; all with no possible jurisdiction and judicial capacity of the terrorist Judge Ortega. In order to prevail on an independent action in equity to obtain relief from judgment, the party against whom a judgment is entered is required to establish: (1) the existence of a judgment which ought not, in equity and good conscience, be enforced; (2) a valid defense to the alleged claim upon which the judgment is founded; (3) fraud, accident or mistake which prevented a party to the judgment from obtaining the benefit of his defense; (4) the absence of fault or negligence by the party seeking relief from the judgment; and (5) no adequate remedy at law. McGinnity, supra; See also National Surety Company v. State, 120 F. 593 (8th Cir. 1903); Bankers Mortgage Company v. United States, 423 F.2d 73 (5th Cir. 1970), cert. denied, 399 U.S. 927, 90 S.Ct. 2242, 26 L.Ed.2d. 793 (1970). Accordingly, if these five (5) elements could be established, a party could prevail on an independent action in equity to obtain relief from judgment, despite the procedural limitations embodied in the court rules and the other recognized means of providing a party relief from judgment.
With total knowledge of all the Constitutional violations, deprivation of a jury, fraud on the court, mandated judgments for all Defendants in DEFAULT, the Justices traitors of the New Mexico Court of Appeals defied all rule of law. The provision of Rule 60(b) commonly known as the "savings clause" states: "This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., § 1655, or to set aside a judgment for fraud upon the court." The fraud upon the court described in the savings clause is distinct from the fraud described in Rule 60(b)(3), the latter of which allows a court to relieve a party of a judgment upon the showing of "fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party."; State v. Padilla 879 P.2d 1208, 118 N.M. 189 Cert. Denied 877 P.2d 1105, 117 N.M. 802 “Agreement is gist of crime of conspiracy; overt act is not required, and crime is complete when felonious agreement is reached.” This is clearly sustained by 8 of the Defendants being invading Mexican National Sinaloa Cartel whereas all did not respond at all to the Complaint; clearly, they simply used drug Cartel money to “buy” Judge Lisa Chavez Ortega for “protection”, wherein “NO SURPRISE” Judge Ortega indeed totally protects all 8 from liability being in total DEFAULT. This shows the absolute direct connection of Judge Ortega to the invading Mexican National Sinaloa Cartel and shows the absolute intent of Judges Medina, Hanisee, Borgardus, and Henderson to force (13th Amendment forced imprisonment to the judicial corruption of NM) the Plaintiff back in front of the illegal Judge Ortega for her to complete rigging the case; thus the absolute FRAUD ON THE COURT and the collusion of Judges Medina, Hanisee, Borgardus, and Henderson directly embroiled with the invading Mexican National Sinaloa Cartel. Morris v. Dodge Country Inc. 513 P.2d 1273, 85 N.M. 491 Cert. Denied 513 P.2d 1265, 85 N.M. 483 “N.M. App. 1973 Conspiracy may be established by circumstantial evidence; generally, the agreement is a matter of inference from the facts and circumstances, including acts of persons alleged to be conspirators.” The treason of all embroiled Judges and Justice of New Mexico in this case is explicitly absolutely defined, all with the blood on their hands of not only the domestic and foreign terrorism against the Plaintiff Derringer and killing Derringer horses, but the complicity of Sinaloa Cartel killing Americans with fentanyl, human trafficking the lost 85,000 illegal unaccompanied minors for rape and use by the NM administration and judicial pedophiles and other sadistic and reprehensible acts by the “Honorable” traitors. . [4] Judge Ortega. The Court of Appeals undeniably has knowledge that Judge Ortega was docketed proven RECUSED on August 3, 2022, without any jurisdiction doing malicious domestic terrorism and racist crimes against the Plaintiff in collusion with invasion of the foreign army of Mexican National Sinaloa Cartel, facilitating, protecting and accelerating crimes against the Plaintiff also in fundamental error denying Derringer’s jury, denying hearings, ignoring Motions and pleadings; all without jurisdiction or judicial capacity and in FRAUD ON THE COURT. For appellate jurisdiction of court of appeals, see N.M. Const., art. VI, § 29; 34-5-8 NMSA 1978. 14th Amendment Section 3.; Torres v. State, 1995-NMSC-025, 119 N.M. 609, 894 P.2d 386. NM Court of Appeals illegal fraud on the court Order: Fraud on the court should embrace only that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). ; Trial court could not act if it did not properly have jurisdiction. Perea v. Baca, 94 NM 624, 614 P.2d 541 (1980). The Court of Appeals know Judge Ortega had no jurisdiction or judicial capacity and was acting in treason with judicial terrorism. Varney v. Taylor, 79 NM 652, 448 P.2d 164 (1968) “This appears to be the total effect of deciding a case in which jurisdiction is lacking but overlooked on appeal.” Hence, Judges Medina, Hanisee, Borgardus, and Henderson do perjury to the court in falsification of the court record in FRAUD ON THE COURT to sustain their attempts to dismiss the interlocutory appeal as to willfully return the case to Judge Ortega to finish perfecting the illegal Orders defeating the case to rig protection by the bribe paid-for protection of the insurgent Sinaloa Cartel invading the United States of America. Mireless v. Waco, 502 U.S. 9, 116 S. Ct. 286, 112 L. Ed.2d 9 (1991) “were performed in the complete lack of jurisdiction”; Fundamental error is such error as goes to the foundation or basis of a right essential and no court ought or could require waiver of that right. State v. Gillihan, 85 NM 514, 514 P.2d 33 (1973).; Court of appeals not bound by trial court interpretations of statutes and rules; rather, it reviews them to determine whether they are legally correct. State v. Herrera, 1978-NMCA-048, 92 N.M. 7, 582 P.2d 384, cert. denied, 91 N.M. 751, 580 P.2d 972. The NM Court of Appeals was MANDATED to consider jurisdiction and fundamental error. The court of appeals has jurisdiction if proceedings were commenced after effective date of 1967 amendment. State v. Garlick, 1969-NMSC-068, 80 N.M. 352, 456 P.2d 185 (proceedings not commenced before effective date). Lack of jurisdiction at any stage of proceeding in controlling consideration which must be resolved before going further, and an appellate court may raise the question of jurisdiction on its own motion. In re Kinscherff, 89 NM 669, 556 P.2d 355 (Ct. App) cet denied 90 NM 8, 558 P.2d 620 (1976): Pacheco v. Pacheco, 82 NM 486, 484 P.2d 69 (1967); State v. McNeece, 82 NM 345, 481 P.2d 707 (Ct. App. 1971). The language under NMSA 39-3-4(A) appeared in the illegal orders filed “arising in” the jurisdiction of the Appellate Court wherein such FRAUD ON THE COURT of Judge Ortega sustained the mandated consideration of the jurisdiction and fundamental error as “controlling questions of law”.
An orderly process of appellate review must be considered in the grant of an application for an interlocutory appeal turns on whether a substantial ground exists for a difference of opinion on the question, and whether its resolution may materially advance the ultimate termination of the litigation. The policy of judicial economy served by this process of interlocutory appeal must, however be weighed against the policy which favors the orderly process of appellate review. Schlieter v. Carlos, 108 NM 507, 775 P.2d 709 (1989). Wherefore the denial of Plaintiff’s Application is absolutely FRAUD ON THE COURT designed to protect Judge Ortega and allow her to perfect the protection of the invading Mexican National Sinaloa Cartel now the controlling entity of the State of New Mexico, ensuring the corridor of invasion to the State of Texas and into the main-lands of the United States of America. Las Luminarias of the New Mexico Council of the Blind v. Isengard 587 p.2d 444, 92 NM 297 “Existence of civil conspiracy must be pled either by direct allegations or by allegations of circumstances from which a conclusion may be reasonably inferred.” The Plaintiff has a Constitutional right to a jury. A fundamental right is involved. State v. Coulter, 98 NM 768, 652 P.2d 1219 (Ct. App 1982). Showing of fundamental nature of error helpful will be heard to prevent a plain miscarriage of justice where someone has been deprived of a rights essential, or to protect those, or open to such question that it would shock the conscience to permit. Doe V. State, 88 NM 347, 540 P.2d 827 (Ct. App.) cert denied 88 NM 318, 540 P.2d 248 (1975). Fundamental error may be first raised on appeal. Fundamental error which goes to the foundation of the case or which takes from a essential right. Where it appears and justice requires, the appellate court will consider it whether or not exceptions are taken in the court below or whether it is assigned as error on appeal. State v. Romero, 86 NM 244, 522 P.2d 579 (1974).; The provision of Rule 60(b) commonly known as the "savings clause" states: "This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., § 1655, or to set aside a judgment for fraud upon the court." The fraud upon the court described in the savings clause is distinct from the fraud described in Rule 60(b)(3), the latter of which allows a court to relieve a party of a judgment upon the showing of "fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party." Documented, thus, the illegal judgment, order, or proceeding, of November 15, 2022 of the NM Court of Appeals is void and to no effect and unenforceable due to the BLATANT FRAUD ON THE COURT by the New Mexico Court of Appeals as is the notice of finalization, with motives of treason against the United States of America, and it is mandated to grant relief to Plaintiff Derringer and to set aside the Order of November 15, 2022 as well as the bogus Notice of finalization of such fraudulent Order. It is mandated that the New Mexico Supreme Court delegate all matters to the Federal 10th Circuit District Court for the District of New Mexico.
Respectfully submitted by ___________________________________________
David Derringer Pro-Se Box 7431, Albuquerque, New Mexico 87194
CERTIFICATE OF SERVICE 5-4-2023
I hereby certify that I sent a copy of this Pleading to the New Mexico Supreme Court by 1st class mail at 237 Don Gaspar Ave STE 104, Santa Fe, NM 87501
CERTIFICATE OF SERVICE to attorneys stated in web site.
CERTIFICATE OF SERVICE 5-4-2023
I hereby certify that I sent a copy of this Notice to the New Mexico Supreme Court by 1st class mail at 237 Don Gaspar Ave STE 104, Santa Fe, NM 87501
Daniel Macke, 8206 Louisiana Blvd. NE Ste. A, Albuquerque New Mexico 87113
Leif C. Rasmussen 2105 Osuna Road NE Albuquerque, NM 87113
Charles N. Lakins, Esq. P.O. Box 91357 Albuquerque, New Mexico 87199
Carlos Quinones 1223 S. Saint Francis Dr. Ste. C Santa Fe, NM 87505
John D’Amato Jr. PO Box 7888, Albuquerque, NM 87194
Judge Murphy 7th District Court 7th District Court P.O. Drawer 1129 Socorro, NM 88901
Judge Mercer 13th Judicial District Court 1835 NM-314 Los Lunas, New Mexico 87031
Judge Ortega 2nd District Court 400 Lomas NW Albuquerque, New Mexico 87102
Judge Medina Ct. App. Judge Hanisee Ct. App. Judge Borgardus Ct. App. Judge Henderson Ct. App. 2211 Tucker Ave. NE Albuquerque, NM 87106
[1] Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). [2] Title 18 Section 1503-obstruction of justice Title 18 U.S.C. Section 1503(a) “Whoever corruptly, or by threats of force, or by any ..communication, endeavors to influence, intimidate, or impede...the due administration of justice, shall be punished..”; Title 18 Section 1505-Obstruction of proceedings before departments, agencies, and committees Title 18 U.S.C. Section 1505 “Whoever, with intent..corruptly, or by threats of force, or by any ..communication influences, obstructs, or impedes or endeavors to influence, obstruct or impede the due and proper administration of the law under which any pending proceeding is being had...shall be fined..or imprisoned.” [3] Hazel-Atlas is a prime example of a situation for which the independent action was preserved under Rule 60(b). ("the rule expressly does not limit the power of the court, when fraud has been perpetrated upon it, to give relief under the saving clause. As an illustration of this situation, see Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944)."). See also Beggerly, 524 U.S. at 46. The Court observed that the courts' equitable power to set aside a final judgment obtained by fraud was well established and that, notwithstanding the "deep-rooted policy" of finality, "where the occasion has demanded, where enforcement of the judgment is "manifestly unconscionable," they have wielded the power without hesitation." 322 U.S. at 244-45 (citations and footnote omitted). All courts have the inherent equitable power to vacate a judgment that has been obtained through the commission of fraud upon the court. Universal Oil Prods. Co. v. Root Ref. Co., 328 U.S. 575, 580 (1946). [4] 2381. Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death.
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