FOURTH
JUDICIAL DISTRICT COURT
COUNTY
OF SAN MIGUEL
STATE
OF NEW MEXICO
METRIS COMPANIES LLP
Plaintiff in Error
v.
Case No. 2003-188-CV
Margaret
Edwards,
Defendant in Error
MOTION TO
CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS and REQUIRE THE PRESIDING JUDGE TO RULE
UPON THIS MOTION, and ALL PUBLIC OFFICERS OF THIS COURT TO UPHOLD SAID RIGHTS
COMES NOW Defendant Margaret Edwards, and moves the court, without
accepting the jurisdiction of the court, pursuant to
oaths sworn by the presiding judge
and the attending public officers:
1.
To acknowledge and act in accordance with a United States Federal Court
ruling, to wit: “The claim and exercise of a Constitutional Right cannot be
converted into a crime.” Miller
v. U.S. 230 F, 2d 286, 489;
2.
To
honor, uphold and abide by the oaths taken by the presiding judge
and attending court officers, pursuant to the Constitution of the United
States of America, Article VI, Clauses 2 and 3, and the Constitution of the
Republic of New Mexico, Article 20, Section One, in this matter;
3.
To provide due process of law, pursuant to the First,
Fourth, Fifth, Sixth,
Seventh, Ninth and Fourteenth Amendments of the Constitution of the
United States of America, and pursuant to Article II, Sections
2, 4, 12 and 18
of the Constitution of the Republic of New Mexico, and as required by the
aforementioned oaths taken by the presiding judge and attending court officers,
in this matter;
4.
To provide equal protection under the law, as required by the National
and state Constitutions and pursuant to the referenced oaths;
5.
To
respect, protect and uphold the Rights of Margaret Edwards, an American Citizen,
in this matter, which Rights are guaranteed in the National and state
Constitutions, pursuant to referenced oaths;
6.
To acknowledge and uphold the Constitution of the United States of
America as the Supreme Law of this court, in this matter, pursuant to the
mandate, in Article II, Section One, of the Constitution of the Republic of New
Mexico, that the National Constitution is the Supreme Law of New Mexico;
7.
To
acknowledge and so rule that any court and/or judge which denies a Citizen to
present evidence in any hearing or trial in total support of her position, which
evidence had previously been sent to Plaintiff and is unrebutted by Plaintiff
and counsel, is perjury of oath and denial of due process of law. Since neither Plaintiff nor counsel rebut this evidence,
then, there is no dispute, and since there is no dispute, there is no
controversy, and since there is no controversy, charges must be dismissed;
8.
To
acknowledge and so rule that this court and no other court and no judge in New
Mexico has jurisdiction over or can issue a court order against an American
Citizen if that court and/or judge: (a)
do not provide due process of law; (b) do not provide equal protection under the
law; (c) do not respect and uphold the Constitutional Rights of American
Citizens, and in the instant action, the Rights of Margaret Edwards, an American
Citizen, pursuant to the Rights guaranteed in the Constitutions of the United
States of America and the Republic of New Mexico; (d) act with sufficient force
so as to deny the powers of the National and state Constitutions.
Wherefore Defendant
Margaret Edwards respectfully moves this court to grant this Motion for the
aforesaid reasons.
Respectfully
submitted,
All Rights Reserved
________________________________
Margaret D. Edwards, American Citizen
CERTIFICATE OF SERVICE
I certify that on this ____ day of January, 2004, a true and exact copy of the aforesaid Motion was sent, first class postage prepaid, by U.S. mail, to Catherine Sanchez, Esquire, Post Office Box 37290, Albuquerque, New Mexico 87176-7290
All Rights Reserved
_________________________________
Margaret D. Edwards, American
Citizen