[Music] and welcome back to factor for odds make sure you hit that Thumbs Up Button you're subscribed and ring that Bell for notifications so next time I'm running a video you can get a live chat with everyone else leave a comment in the comment section tell me what you think now let's head to Kansas for a sovereign citizen in court Showdown you are witnessing is real the participants are not actors I'll be on the record in 2023 tr1193 state of Kansas versus Tremaine or Tremaine J Robinson Jared regier assistant County attorney appearing for the state Mr Robinson are you here I am here representing the name ma'am all right you need to start your video please and you are is it Tremain or Tremaine the name I'm representing is Tremaine Tremaine and how do you pronounce your middle name Jay Jermaine J Robinson owner for the record ma'am I want to say I want to give a notice to reserve all my rights and inform the court that I'm not here to testify or plea I'm here to make a special appearance to challenge the jurisdiction on all right anything else yes I would like to see evidence of a charging instrument were you not given a copy of the ticket issued by Trooper Collins the charging instrument that I'm referring to as a sworn affidavit of the client of the person that I've hurt huh you know this is a speeding ticket I believe let me double check this is a ticket alleging that you did on March 27 2023 at 8 40 a.m 8 48 A.M operate a motor vehicle in Butler County Kansas at the speed of 92 miles per hour when the posted maximum speed limit was 75 miles per hour so this would have been out on the Kansas Turnpike Highway I-35 now what else were you wanting to know sir as the allegations against you I would like to see evidence of the Affidavit of the people that I've hurt this is a victimless crime if there's no one that I've hurt well the victim would be the state of Kansas and that you violated the laws enacted to protect the people of the state of Kansas but this is not the type of crime which would require or have individual names listed so your next point if any my next point is as I say to ma'am I'm not here to testify I'm not here to plead I would like to see the affidavit with two signatures the person that I've hurt if I didn't hurt anybody there's no crime all right well I'm I'm going to proceed anything else before we proceed hearing nothing further uh Mr regear is the state ready to proceed yes I'm sorry I can't hear hello hello you can't hear it was going in and out okay I asked Mr radiir if he's ready to proceed Mr regier represents the state of Kansas he is an assistant Butler County Attorney so again Mr gear are you ready to proceed I am your honor as a preliminary matter um it would appear that while Mr Pate was um still involved with this case but but before the emotion or to withdrawal Style by Council in August the defendant did follow a piece of Correspondence at some time of some kind um it does appear to include a motion for Discovery however that particular document would appear to be procedurally deficient um it does not appear to include a certificate of service um the only address listed appear to be on page one involving the defendant um the traffic court clerk in at an address both in El Dorado and in Topeka as well as the Office of the Attorney General uh certainly no service on my office so there is that additionally the um the motion for discovery which is somewhat buried in the documents if you'll pardon me for saying so um would appear to request a series of pieces of information from law enforcement the state's position is that if the defendant is asking for that information it would be up to him to issue the necessary subpoenas to the Kansas Highway Patrol thank you Mr regier for reminding me that this case has a little bit of History to it I've already covered the charging document that brings us here and that is the uniform notice to appear and complaint filed by the Kansas Highway Patrol specifically Trooper kale Collins and that was again filed March 27 2023 then on April 26 2023 an entry of appearance of council ready representing the defendant was filed by Chris J paid of Peyton Paul LLC Mr paw appeared in person but well Mr Paul appeared but his for his client but the client did not appear on July 5th 2023 and the matter was set for bench trial for today The subpoena was issued July 7 2023 for Trooper Collins then on July 31st came a correspondence from the defendant is referred to by Mr regier herein looks like it's about seven typed pages and as Council said it's a it's entitled challenge for jurisdiction and address to Butler County District Court Clerk uh County District Court Clerk Office of the Attorney General Derek Schmidt and it mentions subtitles under the following case law I request case 2023 tr1193 be dismissed talking about Municipal Court administrative law in the next paragraph ministerial offices being incompetent to receive grants of judicial power from legislature sliding a case looks like 140 California one foreign stating that once jurisdiction is challenged the court cannot proceed next paragraph the law requires proof of jurisdiction to appear talking again about an administrative agency and tribunals judicial tribunals alleged personal jurisdiction of the defendant is void the court has no jurisdiction no discretion to ignore what is alleged to be lack of jurisdiction and then it is signed by a signature that I'm not sure I can make it out but it says Robinson hyphen Tremain comma J beneficiary foreign talks about a legislative act of constitutionality substantial harm right to a trial by jury all power inheritance in the people legislative assembly officer Collins K issued the ticket summons on the side of the road and did so without an Affidavit of complaint approved by the clerk of the court or judge quote I request a certified copy of that complaint from my accuser stating who had injured continuing quote no bill of attainment Tanner or exposed back to law or law impairing the obligation of contract shall ever be passed uh and a quote then he goes on to request this officer Collins quote speed detection device including model and serial number and year installed any documents pertaining to the training certification disciplinary reports of the trooper tuning Port calibration record certification records for the device more information about calibration records device records thank you and he says the information requested directly relates to reliability and accuracy of evidence against him so he's wanting proof provided within 20 21 days for an immediate dismissal based on rule 12 which comes from the federal rules of civil procedure under 28 USC 1746 section one and then it is signed uh declaring for certifying or verifying or stating under penalty of perjury under the laws of the United States of America executed July 26 2023 again uh signature and then in Brackets Robinson Tremaine J without prejudice and that takes us up to page four then there is a notice of material facts on page five quoting I Robinson Tremaine j a living human being who is addressing the matter in the above mentioned case hereby request to put this notice of material facts on the record with this court regarding Victor Lewis crime of case number 2023 tr1193 questioning the jurisdiction Court in quote uh talking about right to trial by jury pretty much the same things he's done over before [Music] talking about the judicial officer has to cease because of the administrative law and pretty much standard language that is used by folks who call themselves or are considered sovereign citizens replication of signatures on the final page seven mentioning that quote it is on this date July 27 23 I Tremaine J Robinson it's Tremaine hyphen Jay Colin Robinson 2335 winding code Town Florida in the county of the Seminole of the State of Florida in a zip code a natural man attorney in fact is a limited human being who's the beneficiary of Tremaine J Robinson trademark swear that the information in my sworn statement is truthful to the best of my knowledge and understanding I Tremaine J Robinson beneficiary of Jermaine J Robinson revoke my signature on any and all pages of any adult tickets summonses contracts and or agreements signed by the side of the road of the state of Kansas by Officer Collins K March 27 23 and then signature authorized representative inter attorney in fact declaring under Pains of penalty and perjury so after that document was filed Pro Se apparently by the defendants there was a motion filed August 25 23 that was a motion filed by attorney Chris j page Mr Pate filed a motion to withdraw due to the defendant wanting to proceed pro se and that was authorized based on the previously referred to seven page document it would indicate at the time to the court that Mr Robinson did want to proceed per se so Mr Pate attorney was allowed to withdraw and so here we are now Mr Robinson normally I would be uh upset that you filed what appears to be in park a motion for Discovery and you didn't get that however you did not address that document to anybody but ler County District Court Clerk traffic court Butler County District Court traffic court you sent one to a PO Box in Topeka you sent one two 201 West Pines Suite 101 in El Dorado which is the correct arrest for the Butler County Clerk and then you set a copy of it to the attorney general but you did not send it to the Butler County Attorney therefore he did not know you were trying to get Discovery ma'am I do have a tracking number that says it was delivered at the Butler Attorney okay well that's not on file what you want to present that at this time yes I'm gonna sign for it yesterday someone signed for it yesterday at the Butler County Attorney's Office yes do you have that where you can screen share it or hold it up um I can um how do I do the screen I'm sharing um one second okay oh yes yeah I I actually think well I got a picture I can show you okay I'm turning my camera around so you can see the you need to I don't know if you can see the tracking number I can't see any of it it's all blurred out sir um what would you is there a way that I can read it to you Mr Aguirre daughter I would object to the intro deduction of that as an exhibit um not only have I not been a receipt of any such document but the defendant has not laid any foundation testimony nor does it appear from what little I can see of it to include any uh notarization or signature attesting to its authenticity okay well at this time I'm not going to be able to so are you saying that this uh proof of delivery isn't sufficient enough so you're alleging that you have a return receipt from the Pug U.S postal Office showing that on Monday December 12th the day before hearing some document was delivered to the county attorney's office and signed by AJ Dean oh Tuesday the 12th J Dean signed for it at the attorney's office and it's the same document that you read and it was signed for at 11 45 A.M six months ago and first appearance was July 5th roughly two months ago trial was set July 5th yes even if the County Attorney received that document I don't think anyone could reasonably expect they would have received it in time to gather the information you want although I suspect most of it will come out in testimony now I'm looking at the discovery and inspection statute KSA 22 3212 upon request quoting the prosecuting attorney shall permit the defendant to inspect and copy or photograph inspect copy or photograph the following if relevant one written or recorded statements or confessions [Music] omitting other language number two results or reports of physical or mental examinations or scientific tests or experiments made in connection with particular case uh three recorded testimony of the defendant before a grand jury and I'm I'm skipping over some of this for memoranda of an oral confession made by the defendant B1 shall permit the defense to inspect and copy or photograph books papers documents tangible objects buildings or places Etc to the prosecuting attorney shall provide a summary or written report of what any expert would testify except provided in subsection G this section does not require the prosecuting attorney to provide unredacted vehicle identification numbers for personal identifiers foreign understand if the defense seeks discovering inspection under subsection A2 which is the scientific texts and experiments or subsection B the defense shell permit the attorney for prosecution to inspect provide for attorney okay best kidding attorney and defense shall cooperate Discovery and reach agreement on the time place and manner of making the discovery and the inspection permitted but this was filed or delivered to the county attorney assuming it was delivered as alleged there wasn't any efforts by the defense to contact cooperate or reach an agreement as to the time and place of Discovery Well if the attorney's office no let me finish foreign made under this section must be completed no later than 21 days after arraignment or as such reasonable later time as the court May permit so arraignment was July 5th 2023 which would have given the defendant up until July 26th to make his request for discovery and this document that I'm giving the benefit it's a multi-subject document but this document filed by the defendant that I'm giving the benefit of including what he'll he offers us a motion for Discovery was not filed with the clerk until July 31st so that was after the statutorily required 21 days and then it was not filed upon the prosecutor who would have or the witness who would have held any evidence but rather again on Butler County Clerk in Topeka Kansas my knowledge doesn't exist the Butler County Clerk and El Dorado and attorney general then Derek Schmidt in Topeka was not served and that's if it was served if I take the defendant's benefit of the doubt that he's that was saying it was served sometime yesterday before today's 130 trial the court has to decide if that later time was reasonable and I do not find that it was reasonably served on the county attorney that's apparently less than 24 hours before the trial and we're not even sure that it made it to the county attorney we don't have uh notice to Jared regier the prosecutor in this case so I am at this point going to say that any last minute motion for Discovery is denied and we are prepared to go to trial now I've Lost You Mr Robinson are you still somewhere available no what are you doing there with your computer right now I was looking for a document but no I am not available for trial we're going to proceed with trial so please put yourself back in front of the camera you must follow the Court's order or you could be found in contempt I don't want to do that thank you sir all right Mr regier did you tell me you did or did not have any opening or opening statements uh your honor I did not specify one way or the other but the state would waive the need statements at this time however if the I the state would respectfully request um the court to request leave the court to read from some Kansas case law put down by the Kansas court of appeals which does appear relevant in this matter all right you can document those for the rest yes your honor um the state would now respectfully read from State V mayor it's a kansas-quarter it was a Kansas court of appeals case uh 466 P 3D 1236. go ahead uh your honor in that particular that particular case um involved a sovereign citizen where the court you know did um in the first in the memorandum opinion object in hearsay objection hearsay case law is not considered hearsay or I'm not a sovereign citizen all right he's not a sovereign citizen go ahead Mr radier yes your honor um in the in that case the the Kansas court of appeals noted quote uh the defendant thinks the law does not apply to him he allows that he unlike other other citizens is Sovereign and I mean from prosecution the court went on to address the issue of venue um which um which the court knowed that quote venue is generally proper in the county where the crime was committed I will address that momentarily um as well as referring to KSA 22 2602 additionally and perhaps most relevant to this court um the defendant in that case quote complaints that his objections to the trial Court's Jurisdiction to prosecute him arise from the claim that he is a sovereign citizen this is not the first Appellate Court to deal with such a claim another panel of this court used analysis of federal case law to reject a similar claim and then quoting from Seventh circuit and eighth circuit cases uh quote an individual's belief that his status as a sovereign citizen puts him beyond the jurisdiction of the courts has no conceivable ability and American law regardless of an individual's claim status of dissent be it as a sovereign citizen a secured party creditor or a flesh and blood human being that person is not beyond the jurisdiction of the courts these theories should be rejected summarily however they are presented um in referring to an eighth Circuit Court of Appeals case United States viegam from 1992. um jaegum found similar issues were completely without Merit and patently frivolous they rejected those issues without expending any more of these for its resources on their discussion and again that and and the Supreme Court also referred to a um Court of a Kansas Supreme Court case from 2019 quote our Kansas Supreme Court has recently affirmed their acquaint a paddle the Court held that the claims of sovereign citizenship are ultimately meritless thus if the defendant's arguments are on appeal rely on his Sovereign ship claims we hold their mirrorless and with that I would respectfully call my first witness to the stand all right I I do find that this court has jurisdiction and venue to proceed and the arguments made by the defendant in the seven page document referred to previously or summarily dismissed please call your first Witness thank you your honor the state we called Master Trooper kale Collins to the stand please raise your right hand sir do you solemnly swear the testimony you're about to give shall be the truth the whole truth and nothing but the truth so help you God I do please proceed uh would you please say your name for the record Trooper kale Collins and where are you employed I am employed with the Kansas Highway Patrol and what is your professional title I am a state trooper and how long have you worked in that capacity as an officer 22 years uh were you on active duty in your professional capacity on March 27th of this year at approximately 8 48 a.m I was and where were you at at the time I was northbound on I-35 Highway which is a Kansas Turnpike at milepost 85 in Butler County Kansas okay I would like to talk about I-35 for a moment is that a multi-lane highway yes it is and how many lanes there are two lanes going each Direction and by each Direction which directions do you mean Northbound and Southbound are these Northbound and southbound Lanes separated by a barrier yes they are okay and um is this a what is this barrier made of generally it's made of concrete and and were you in and at the time were you in a vehicle or were you on foot I was in my vehicle were you moving yes I was okay and you may have mentioned this earlier what direction were you facing I was going northbound and were and at the time were you in the right lane or the left lane I was in the right lane um could you please uh describe your surroundings generally for the court uh it's a straight roadway uh at one point we did pass a Gantry which is the metal structure they're going to hang the k-tag uh cameras on and there's uh I mean a few trees and stuff off in the end of the the ditch okay um so with that in mind would you describe this area as a rural open area overall yes I would and uh what was the weather like at the time if you recall it was a clear day and did any of these features of the location in paragraph field division in any way no they did not okay are you familiar with KSA 8 1558 yes I am and what does that say about drivers and maximum speed limits uh that the state of Kansas is allowed to set maximum speed limits okay and our drivers expected to abide by these speed limits yes they are your honor at this time I respectfully request the court Tech judicial notice of case at 8 1558 the court does take judicial notice of KSA 8-1558 uh Trooper do you consider yourself people of identifying traffic violations when you see them yes I do so in addition to your um uh 22 years of experience do you have any um recurring special training or certifications yes I do every uh two years we re-certify on the radar unit we also have a 40-hour in-service we attend every year education okay and are you a current on your certification and continuing education requirements yes I am so at the time that we already mentioned did you see any acts that you considered traffic violations yes I did and what did you see I observed a black Mercedes uh gaining on me front and the left lane coming up behind me uh I was able to check the speed of that vehicle using my stalker radar in the rear same mode I checked its speed at 92 in a 75 mile per hour Zone okay now I mean you've already mentioned that you um are certified to use stock or radar do you use any form of testing to check that that equipment is working yes I do I use a uh two tuning Forks to check the calibration of the instrument okay and how often does this checking take place it takes place before every shift and um suppose that it was not working the soccer Raider was not working properly from this test what would happen then it would be immediately taking out taken out of service and um did you and on the day in question did you perform the um tuning right before your before your shift on this day yes I did uh can you confirm that the Mercedes was specifically clocked by the stalker radar yes I can and how do you know that because it was the only vehicle in the area coming up behind me okay now you already mentioned that you unclog the speed at I believe it was uh 92 miles an hour yes sir and the um and the posted speed limit is 75 so quick mental map 17 miles an hour difference overall yes sir um what happened after you measured the Mercedes speed uh I allowed the vehicle passed me on the left uh I got behind it activated my emergency lights and it pulled to the right shoulder and did you pull directly behind the Mercedes when you activated your lights yes I did so and when it reached the traffic the shoulder is that what did you conduct a traffic stop yes I did and so once you've conducted this stuff were you able to identify the driver of the Mercedes yes I was and uh did you use any special form of identification to do so I did he provided a Florida driver's license foreign do you see the driver of the Mercedes present in the zoom conference yes I do it's the gentleman with the beard the black shirt and the we'll call them yellowish orange curtains in the background there your honor let the record reflect that the witness has identified the defendant the reflect um Trooper were you ever to were you ever ever able to speak to the defendant yourself yes I was and did you discuss the defendant speeding uh I explained to I explained his speed to him uh asked him for his his license and it was uh I had the whole whole traffic encounter lasted five minutes so it was very brief I see and um do you recall how the defendant responded to you uh he I mean just I mean nothing out of the ordinary he didn't he didn't admit to anything he did not admit to anything [Music] and did you ultimately write the defendant a citation for speeding yes I did or Nana redrick no further questions all right Mr Robinson this is your opportunity to cross-examine the trooper you can question him about his testimony it's not quite time for you to give your own testimony so these addresses you the trooper have to be in the form of question you don't have to question him but you can would you like to no all right Mr mcgear any further Evidence none from the state your honor thank you the state rest then Mr aguir and say it does so rest your owner Mr Robinson the state rest they have presented all the evidence they intend to would you like to present any evidence again you don't have to your silence will not be used as a sign of guilt but if you'd like the court to consider your position I'd be happy to do so I don't understand Bob do you want to tell the court your version of what happens no all right you don't wish to present any evidence then am I understanding you correctly the evidence that I tried to present you won't give due process okay but do you want to give any testimony about the events uh leading up to this ticket March 27 2023. no all right well I will find the defendant guilty of speeding 92 and a 75 the scheduled fine is 87 court costs are 108. the total due will be 195 dollars sir you do have the right to appeal this proceeding you can appeal it to the Kansas court of appeals you have up to 14 days to file that notice of appeal your appeal Bond will be in cash the same as what your court costs and fines are that's 195 dollars can you have this paid the spine and cost paid in one in 14 days or do you need some time I'll follow up here all right well if you don't have that appeal filed in 14 days uh you still have to pay your fine and costs if you don't have the fine and costs paid or the appeal made in 14 days then your license can be suspended and the money owed can go to collections is there anything else we need to take up Mr regier I do not believe so your honor although I would like to personally thank Trooper kale Collins for his appearance every day thank you Trooper Collins thank you you are excused and did I Mr Robinson has already left and so there you have it yep it all worked out in the end you think it was impact your prods make sure you Thumbs Up Button you subscribed and ring that Bell and also leave a comment let me know what you think and a huge thank you to our channel members Robert Morley and D Chris killing Drew B got us through Pedro Mall Charlotte for cw1960 butcher bird Pat's Cats West Side girl reacts Cold Stone open Jason Heaton enough you're still hanging around thank you I appreciate you please hit that thumbs up subscribe I think you'll like it and leave a comment in the comment section tell me what you think till next time I'll see you soon