Wednesday, July 9, 2014

Bruce Colyer, Associate Circuit Judge - PETITION FOR WRIT OF HABEAS CORPUS‎ - Cause No. CR203-1336M - STATE OF MISSOURI, Plaintiff, v. DAVID G. JEEP, Defendant

Bruce Colyer, Associate Circuit Judge - Certified Mail™ Label Number: 7013 2630 0002 2118 0057
c/o Edith Katie Burkhart, Court Administrator
437 W US Hwy 54
Camdenton, MO 65020
 (573) 346-3600
(573) 346-2926 (facsimile)

Re:      PETITION FOR WRIT OF HABEAS CORPUS‎ - Cause No. CR203-1336M - STATE OF MISSOURI, Plaintiff, v. DAVID G.  JEEP, Defendant

Dear Sir,
I have spent 11 years attempting to pro se re-establish myself, the result of yours and others CRIMINAL ACTIONS[1] as regards the deprivation of rights in the above referenced case.  To establish your criminal[2] "sincere ignorance and conscientious stupidity"[3] I site United States v. Agurs, 427 U.S. 97 (1976)[4]:

"The rule of Brady v. Maryland, 373 U. S. 83, arguably applies in three quite different situations. Each involves the discovery, after trial, of information which had been known to the prosecution but unknown to the defense.

In the first situation, typified by Mooney v. Holohan, 294 U. S. 103, the undisclosed evidence demonstrates that the prosecution's case includes perjured testimony and that the prosecution knew, or should have known, of the perjury. [Footnote 7]  "[5]

As I made clear, in my POST trial motions for a miss trial dated Wednesday, 17-Mar-2004 prior to sentencing, the Prosecution withheld evidence, REQUESTED VIA PRETRIAL MOTION FOR SAME DATED WEDNESDAY, 03-SEP-2003, of the certified procedure for administering the field sobriety test that proved the false and thus perjured testimony[6] of self-professed incompetent Alex Little, Officer Badge #920 that clearly "affected the judgment of the jury":

"(T)the Court has consistently held that a conviction obtained by the knowing use of perjured testimony is fundamentally unfair, [Footnote 8][7] and must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury. [Footnote 9] [8] It is this line of cases on which the (Page 427 U. S. 104) Court of Appeals placed primary reliance. In those cases, the Court has applied a strict standard of materiality not just because they involve prosecutor trial misconduct, but more importantly because they involve a corruption of the truth-seeking function of the trial process."[9]

I am requesting, based on the undisputed incriminating court record

  1.      A Writ of Habeas Corpus setting aside the DWI conviction - Case No.:CR203-1336M
  2.     Removal of the 33 year old 1978 DWI conviction per Missouri Revised Statute 577.054[10]
  3.     Your confession as to your and others criminal culpability and civil liability in the creation of the COURT RECORD for violation of the Federal statue 18 U.S.C. § 241 & 242 - Deprivation of rights under color of law and Civil 42 USC § 1983 and 1985 - Civil Action for the Deprivation of rights under color of law respectively.  "Sincere ignorance and conscientious stupidity"[11] is NO excuse!

I declare under penalty of perjury that the foregoing is true and correct.   All the evidence, as referenced above, is confirmed and available on my blog www.DGJeep.blogspot.com.

If there is anything further I can do for you in this regard, please let me know.
Thank you in advance.
"Time is of the essence"
David G. Jeep

cc:  My Blog - Wednesday, July 09, 2014, 11:58:58 AM


Expected Delivery Day: Thursday, July 10, 2014
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[3] "Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity." Martin Luther King - Ch. 4 : Love in action, Sct. 3
[4] TO BE CERTAIN THIS PRECEDENT IS NOT NEW IT HAD 28 YEARS OF STANDING IN 2003. 
[5] United States v. Agurs, 427 U.S. 103 (1976) emphasis and underlining added for clarity
[6] See page 83 and 84 of the Certified Trial transcript for the appeal S. D. No. 26269
[7] Pyle v. Kansas, 317 U. S. 213; Alcorta v. Texas, 355 U. S. 28; Napue v. Illinois, 360 U. S. 264; Miller v. Pate, 386 U. S. 1; Giglio v. United States, 405 U. S. 150; Donnelly v. DeChristoforo, 416 U. S. 637.
[8] See Giglio, supra at 405 U. S. 154, quoting from Napue, supra at 360 U. S. 271.
[9] United States v. Agurs, 427 U.S. 103 (1976) emphasis and underlining added for clarity
[10] Chapter 577-Public Safety Offenses-Section 577.054 Alcohol-related driving offenses, expunged from records, when--procedures, effect—limitations: After a period of not less than ten years, an individual who has pleaded guilty or has been convicted for a first alcohol-related driving offense which is a misdemeanor or a county or city ordinance violation and which is not a conviction for driving a commercial motor vehicle while under the influence of alcohol and who since such date has not been convicted of any other alcohol-related driving offense may apply to the court in which he or she pled guilty or was sentenced for an order to expunge from all official records all recordations of his or her arrest, plea, trial or conviction.
[11] "Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity." Martin Luther King - Ch. 4 : Love in action, Sct. 3

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Thanks in advance,
To Kill a Mocking Bird, The Denial of Due Process
"Agere sequitur esse"
"Time is  of the essence"
David G. Jeep
http://dgjeep.blogspot.com/
My E-mail addresses are David.G.Jeep@GMail.com orDGJeep01@yahoo.com


(314) 514-5228

David G. Jeep
GENERAL DELIVERY
Saint Louis , MO 63155-9999