5736 Revised Saturday, June 21, 2003. June 2, 2004 Lawyerdude 541 476 8954
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Lawyerdude’s Demurrer Page
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Score so far: 8 wins in 8 at bat.
Links to my winning Demurrers. Use em and win!
Please note that the winning demurrers are now being posted at http://www.circuitlawyer.8m.com/traffic.html
#6 Sept 2003: Presumed win: http://www.lawyerdude.netfirms.com/5899.html I don’t know how this case turned out. This is my strongest demurrer.
Win #5. Big Win! May 2003. Buzz’s case in Napa. Sleepin aint Drivin ! Demurrer for sleeping in a car with the engine running www.lawyerdude.8k.com/5681.pdf Buzz in is my yahoo group. Need a new roof? Call Buzz 707 287 6228. Continuance. They failed to answer in time www.lawyerdude.8k.com/5726cont.pdf The prosecution moved to dismiss the case.
Win #4: Successful demurrer to insurance ticket: The story: www.lawyerdude.8k.com/5737.html Brief: www.lawyerdude.8k.com/5668.pdf
Win #1: Successful demurrer to sleeping in car while sober: Story and brief here: http://www.lawyerdude.8m.com/5124.html
Win #3: Successful demurrer to refusing to speak to police: http://www.circuitlawyer.8m.com/5571.html
Win #2 was a civil case - another win. The document was Lost in the hard drive crash.
Win #6 was Charlie’s demurrer in Ventura around mid August 2003. Ask chas@ojai.net See Charlie’s case history at this following link: The Steve762 program: http://www.circuitlawyer.8m.com/5695.html
If you read Blackstone you will see that the actual plea and trial are the last steps before they hang you. The action is in the pre
plea legal maneuvers which can, in most cases, be appealed before trial.
Federal Criminal Rules regarding Demurrer
Rule 54. Application and Exception (a) Courts. These rules apply to all criminal proceedings in the United States District Courts
The words ''demurrer,'' ''motion to quash,'' ''plea in abatement,'' ''plea in bar'' and ''special plea in bar,'' or words to the same
effect, in any act of Congress shall be construed to mean the motion raising a defense or objection provided in Rule 12.
Federal Civil Rules - Failure to state a claim - or something like that.
Demurrers State by state
General rule: Article 4, section 2 of the constitution: “Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” If you can demur in federal court and some of the states then maybe your state is shortchanging you. Your right to demur came along with the package when we won the war against England. Demurrer is your right; no state may take away your unalienable right to demur.
I expect that Am Jur has a chart on this in its desk book. If you have information about criminal demurrers in your state, please email me and inform me. Lawyerdude@adelphia.net Thanks.
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