Forrest Frederick Bishop
PO Box 30121
Seattle, Washington, 98113
IN THE KING COUNTY DISTRICT COURT
IN AND FOR THE STATE OF WASHINGTON
East Division-Shoreline Courthouse
BISHOP, FORREST FREDERICK
CLERK’S ACTION REQUIRED: NONE
AFFIDAVIT OF MISINFORMATION OF NATURE AND CAUSE
AFFIDAVIT OF MISINFORMATION OF NATURE AND CAUSE
I have exercised good-faith, due diligence in attempting to become informed as to the nature and cause of the accusation. I have not been informed of the nature and cause of the accusation for the following reasons, inter alia:
1) I was never served process.
I was never served with a copy thereof the alleged complaint, or alleged charging document, from the alleged agent of Norm Maleng, alleged Prosecutor. This is verified by Document #TR9/23/04, the transcript of the Sept 23rd hearing.
2) Ineffective Assistance of Counsel, I was never represented.
The alleged attorney I hired was fired ab initio. (Reference Affidavit of Termination of Ineffective Assistance of Counsel, Document #1000.) My contract with him is therefore null and void from the beginning, I was therefore not represented at the Sept 23rd hearing, as well as not being represented at the October 21st hearing. Furthermore, at neither hearing did I have effective assistance of counsel.
3) No copy thereof from alleged attorney before either of the two hearings.
The alleged attorney did not ever make a copy thereof the alleged complaint for me, even though I asked him for one, and told him that I had never received one. I found out about the alleged complaint through a serendipitous phone call.
4) The alleged charge was not read aloud.
The court waived reading the alleged charge aloud at the September 23rd hearing, at the behest of the alleged attorney, and so at that point in time, I had still not heard the actual, alleged charge. I didn’t realize just how important this was until I did get the document.
5) Finally got a copy thereof alleged complaint: alcohol and DRUG USE
I did not personally receive a copy thereof the alleged complaint document until October 21st, in the afternoon after the hearing of that date. I did not discover, by reading closely, just what this alleged complaint is alleging, until October 25th, 2004.
The alleged traffic ticket, or whatever, has a box marked with:
RCW 46.61.502, which states:
Driving under the influence.
(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug… [end excerpt]
Which appears to be making three separate categories: a) alcohol, b) drugs (unspecified), and c) combined alcohol with unspecified drugs.
The document titled COMPLAINT No. C0534232 alleges in part:
"That the defendant FORREST F. BISHOP in King County, Washington on or about 1 April 2004, drove a vehicle within this state while under the influence of or affected by intoxicating liquor or any drug, and while under the combined influence of or affected by intoxicating liquor and any drug;..." (underlined ", and" added for emphasis.)
It took a few readings for this to sink in. Condensing the ancillary verbiage, and separating essential terms, makes for an easier read:
"The defendant was driving while affected by liquor OR driving while affected by any drug, AND while under the combined influence of liquor AND any drug."
The second phrase of this sentence makes the first logically redundant, and so it can be condensed ever further:
"The defendant was driving while under the combined influence of liquor AND any drug."
This is essentially Section (1)(c) of alleged RCW 46.61.502 exclusively. This just about put me through the roof.
6) I never was informed of DRUG USE.
At no time did any of the various men and women involved in this matter ever mention DRUGS to me, either verbally or in writing. The only place it appears is in the alleged complaint
7) Nowhere in the alleged, hearsay, police report is there any indication of DRUG USE on my part.
8) Additionally, I have not been informed as to the nature of each, and every, and all, of the assumptions and presumptions that each one, of the various men and women who have chosen to involve themselves in this matter, are laboring under.
9) Additionally, I have not been informed as to the nature of possible conflicts of interest arising from any shared financial interests of the various men and women involved in this alleged cause.
10) Additionally, I have not been informed of the nature of any commercial, familial, fraternal, communitarian, or any other types of associations of the various men and women involved in this alleged cause.
11) Additionally, I have not been informed as to the possible conflicts of interest created by such fraternal, commercial, or other kinds of association of the various men and women involved in this alleged cause.
12) Additionally, I was not informed as to the nature of the testimony that I would be compelled to produce, or the time, money, or fees that I would be compelled to advance before final judgment, in order to facilitate an inquisition, possible conviction, and sentence.
13) Additionally, I was not informed as to the nature of the other pains and penalties, time, money or fees that I would be compelled to advance before final judgment in order to attempt to secure due process.
14) Additionally, I was not informed as to the nature of the time, money or fees that I would be compelled before final judgment to advance in order to obtain an audio CD of the prior proceedings for my defense.
15) Additionally, I was not informed as to the nature and number of the cause number or numbers.
16) Additionally, I was not informed as to the nature of Plaintiff or Plaintiffs.
17) Additionally, I was not informed as to the nature of Defendant or Defendants.
18) Additionally, I was not informed as to the nature and name of the court.
19) Additionally, I have not been informed as to the nature and form of the action or suit, or whatever it may be called. It appears to be mostly Admiralty Law and Maritime Law, transported inland and applied to fictitious, insured and bonded, "persons" and their "vessels", partly Equity or Law Merchant under the UCC (driver, traffic, passenger, person, vehicle, bill of exchange, register, insure, promissory note, etc., are private law, commercial terms), partly a Constitutional court of judicial due process, and partly unknown, with unknown changes from "one form of action" to another at any given time. I don’t know why, nor has anyone informed me.
20) Additionally, I have not been informed as to the nature of the Court Bond or Bonds for this cause(s), case(s), suit(s), or whatever it, or them, may be called.
21) Additionally, there are many other things, relevant or otherwise, the nature of which I have not been informed, that time, and space, do not permit including here.
MEMORANDUM OF POINTS AND AUTHORITIES
Washington Constitution excerpts:
SECTION 32 FUNDAMENTAL PRINCIPLES. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.
SECTION 1 POLITICAL POWER. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life, liberty, or property, without due process of law.
SECTION 9 RIGHTS OF ACCUSED PERSONS. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
SECTION 22 RIGHTS OF THE ACCUSED. In criminal prosecutions the accused shall have the right to appear and defend in person, or by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, ... In no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
Constitution for the United States of America, Articles of Amendment:
"THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.…"
AMENDMENT IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shad not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
AMENDMENT V.No persons shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
AMENDMENT VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
AMENDMENT IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
SOME OTHER DOCUMENTS CONCURENT OR PENDING
Titles of some other documents perhaps made available:
#0160 [NBCD] Notice of Breach of Clerk Duty
#0170 [NBPF] Notice of Breach of Prosecution Function
#0999 [NPRG] Petition for Redress of Grievances
#1000 [ATIC] Affidavit of Termination of Ineffective Assistance of Counsel
#1011 [ADPC] Affidavit of Denial of Probable Cause
#1012 [ASM] Affidavit of State of Mind
#1020 [AMN] Affidavit of Misinformation of Nature
#1100 [ADV$] Affidavit of Denial of $
#1200 [AJP] Affidavit of Judicial Prejudice and Partiality
#1201 [AJM] Affidavit of Judicial Misconduct
#1202 [ADJI] Affidavit of Denial of Judicial Immunity
#1800 [ADCE] Affidavit of Denial of Corporate Existence
#1801[ARDPB] Affidavit of Rejection and Denial of Police Benefits
#1810 [ARDSB] Affidavit of Rejection and Denial of State Benefits
#2000 [MWP] Motion to Withdraw Plea
#2001 [MSC] Motion to Show Cause
#2002 [MDP] Motion to Dismiss with Prejudice
#2003 [MCVC] Motion to Compel Vacating Charge
#2010 [MSE] Motion to Suppress Evidence
#2050 [MCA] Motion to Continue Arraignment
#2109 [MCAE] Motion to Compel Discovery of Adverse Party’s Evidence
#2110 [MCJIS] Motion to Compel Discovery of Jury Instructions and Selection Process
#2110 [MCJRA] Motion to Compel Discovery of Jury Rules Authority
#2125 [MCNC] Motion to Compel Discovery of the Nature and Name(s) of the Court(s)
#2126 [MCNP] Motion to Compel Discovery of the Nature and Names of the Plaintiff(s)
#2127 [MCND] Motion to Compel Discovery of the Nature and Names of the Defendant(s)
#2129 [MCCR] Motion to Compel Discovery of All Court Rules, Written and Unwritten
#2130 [MCFA] Motion to Compel Discovery of the Nature and Form of the Action or Suit
#2200 [MCCB] Motion to Compel Discovery of Court(s) Bond(s)
#2250 [MCOI5] Motion to Compel Discovery of Owner of Interstate 5
#2310 [MQCT] Motion to Issue Writ of Quo Warranto to Compel Testimony
#2340 [MWCO] Motion for Writ to Subpoena Delegated Court Orders
#2360 [MCEAP] Motion to Compel Impartial Psychiatric Evaluation of Adverse Parties
#2370 [MCEAP] Motion to Compel Attendance at Government-Victim’s Panel
#4000 [DGJI] Demand for Grand Jury Indictment
#4010 [DRA] Demand for Re-Arraignment
#4020 [DEAC] Demand for Effective Assistance of Counsel
#4021 [DCR] Demand for Court Reporter and Transcript
#4025 [DNC] Demand for Nature and Names of the Court(s)
#4026 [DNP] Demand for Nature and Names of the Plaintiff(s)
#4027 [DND] Demand for Nature and Names of the Defendant(s)
#4030 [DFA] Demand for Nature and Form(s) of the Action(s)
#4110 [DQWCT] Demand for Writ of Quo Warranto to Compel Testimony
# 4200 [DSI5] Demand of Writ to Subpoena Owner of Interstate 5
#4210 [DDAKC] Demand for Delegated Court Orders with Certified Audit Trails
#4220 [DCAT] Demand for Certified Audit Trail(s) of Court Bond(s)
#4230 [D$C] Demand for $-value of Cause
#4300 [DDP] Demand for Due Process
#4400 [DCDO] Demand for Cease and Desist Order
#4410 [DCDO] Demand for Restraining Order
Document #TR9/23/04, transcript of the Sept 23rd hearing.