IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
No.__________________
BERNALILLO COUNTY
SECOND JUDICIAL DISTRICT COURT
No. DM-12-610 Rel. DV-12-234
STATE OF NEW MEXICO ex rel.
DAVID DERRINGER,
Petitioner,
v. DM-12-610 Rel. DV-12-234
HONORABLE ELISA HADFIELD
DISTRICT JUDGE OF THE SECOND JUDICIAL
DISTRICT COURT OF NEW MEXICO,
Respondent,
PETITION FOR WRIT OF SUPERINTENDING CONTROL
Submitted by_______________________________________________________
David Derringer Pro-Se
Box 1205
Albuquerque, New Mexico 87103
PETITION FOR WRIT OF SUPERINTENDING CONTROL/INJUNCTION/OR MANDAMUS AT THE COURT’S DISCRETION
Petitioner states:
a) Grounds for Jurisdiction of Supreme Court.
Petitioner is the homeless and destitute Pro-Se Defendant (divorce Respondent) in the case entitled Barrie Lee Derringer v. David Brian Derringer, [DM-12-610 Rel. DV-12-234] Second Judicial District Court, County of Bernalillo, State of New Mexico, over which Judge Hadfield as Respondent is presiding; with Barrie Derringer of that divorce proceeding and Order for Protection having taken all community income for 9 months, and refusal to obey all laws that legally grant ½ of the community income for David Derringer; leaving David Derringer without money, propane, gasoline for transportation, or money for taking care of the family’s pets and animals in a “criminal” abandonment and abuse of animals by Barrie Derringer under the meaning of NMSA 30-18-1. Both Barrie Derringer and with facilitation by the Respondent Judge Hadfield work in collusion and conspiracy without jurisdiction and judicial capacity to violate all of NMSA 45-2-804, NMSA 40-4-3, NMSA 30-18-1, 30-25-1 and other NM statutes, in violation of all case laws, and violations of the Constitution, and in doing “criminal acts” against David Derringer of perjury, fraud, falsification of court records, conspiracy against rights, and deprivation of rights under color of law, including keeping David Derringer from making income by “profession” of David Derringer as registered NM Outfitter/Hunter #32 by illegally violating all Constitution 2nd Amendment, and US Supreme Court No. 08-1521 to unlawfully keep David Derringer from ownership and use of firearms in violation of the “Supremacy Clause”, even without David Derringer never having any conviction, police record, without any domestic violence arrest or criminal complaint, or other means to stop possession of firearms. The Respondent knows, and it has been proven that Barrie Derringer “lies” in perjury under Oath on the Petition for Order of Protection, and in the courtroom, and has many times been “impeached” of such lies, with also her attorney Alain Jackson lying for his client in violation of NMRA 16-804 over “discovery”, with no discipline or Order to law enforcement to stop the criminal acts against David Derringer by the Respondent. The attorney Alain Jackson was allowed to yell at the witness David Derringer in the trial without disciplinary complaint by the Judge with the Disciplinary Board against attorney Jackson. Due to the criminal acts of Judge Hadfield against David Derringer in “conspiracy against rights” there has been no “due process or equal protection” at all in both DM-12-610 or DV-12-234. The Respondent Judge Hadfield totally violates all Oath, Canon, Constitution, Code of Judicial Conduct, and works against the United States in sedition and treason in violation of the 14th Amendment Section 3, against all former case laws, in a bias and prejudice simply to “give a woman a divorce” and refusal to “recuse for cause”. The Respondent continues to move forward with DM-12-610 and DV-12-234 without jurisdiction even when the cases are in the jurisdiction of the NM Court of Appeals under No. 32,113 and No. 32,326 defying all judicial rules and procedures of “jurisdiction”. The Respondent Judge Hadfield simply has her own personal viewpoints and agenda that have nothing to do with the laws, and the “judge” does not care at all about the life of Barrie Derringer (the Respondent knows that Barrie Derringer is suicidal) or the lives of the Derringer animals, having been directly responsible already for the death of 4 animals and suffering of all, or that husband David Derringer is the only person in the world that truly loves, protects and cares completely about his wife Barrie Derringer. The Respondent has even allowed Barrie Derringer to have possession of David Derringer’s loaded firearms, when suicidal, which initially David Derringer locked up in the storage in January, 2012 to keep Barrie Derringer from killing herself with them, as David Derringer loves his wife with all of his heart. As this NM Supreme Court views all of the case records in both DM-12-610 and DV-12-234 they will see the total violations of Judge Hadfield against all court rules of discovery, trials and hearings without due process against (man) David Derringer in the most ghastly miscarriage of justice imaginable, and wherein David Derringer has been given a “no contact” order, (DV-12-234) to keep David Derringer from protecting or insuring that Barrie Derringer is OK, when it is proven in testimony and police records that David Derringer has never hurt his wife in any manner physically, mentally or verbally, but only loved and protected her at all times. Repeatedly, David Derringer has asked the court for “mediation”, “counseling”, “drug testing of hair, blood and urine” for Barrie Derringer, “emotional and mental evaluations” for Barrie Derringer who has admitted under Oath to being suicidal, and “blood testing” for Barrie Derringer for infectious STD venereal disease Herpes III, and Barrie Derringer’s admitted physical domestic violence against David Derringer by Barrie Derringer hitting David Derringer repeatedly in the face. The Respondent Judge can’t seem to mentally grasp that “a divorce” is not the answer to anything that is occurring here, and the Respondent can’t see the picture that there are underlying problems going on with Barrie Derringer of mental and emotional disorders of being bi-polar, PTSD (post traumatic stress disorder) after a disaster of December 23, 2011, addictions to prescribed medications of OPIATE derivatives of five of the worst medications of Percocet, Vicodin, acetomenefin with codeine, oxycodene, and hydrocodene; all of which have codeine derivatives of opium, only a small difference of terminally addictive heroin, with the possibility also of Barrie Derringer going back to a life including cocaine, marijuana (or other addictive and illegal drugs) and excessive alcohol that was in her former life since she was 18 and with twice past biker husband for 30 years of Charles Beverley, before she met and married David Derringer. The Respondent repeatedly manipulates and denies David Derringer to place testimony, exhibits and case laws and other authorities in the court record, so as to bias and keep matters from the court record to corrupt the appeals.
The Respondent repeatedly attacks the Pro-Se party in open court in each hearing with dissertations, lectures, and with unwarranted threats, and complains about the lawful and legal pleadings of David Derringer and then illegally issued a “bifurcated divorce” for Barrie Derringer in Order of April 10, 2012 {without any “extreme circumstances” in violation of NMRA Section 12-Rule 1-126(A)}simply as an attempt to stop any further “due process or equal protection” for David Derringer (a total violation of Oath and Canon), asked illegally for this “deprivation of due process” by Barrie Derringer and her unethical attorney Alain Jackson, not wanting to respond to any pleadings of David Derringer; an act simply to stop “the size of the court record” instead of seeking to be a “finder of facts and the truth” for justice, and has issued several arbitrary and capricious decisions dismissing almost all of Derringer’s valid and lawful motions. There were no “exceptional circumstances” here, but simply that Judge Hadfield wanted Barrie Derringer to have her divorce without a trial in the Respondent’s total violation of NMRA Section 12-1-126(A). Judge Hadfield then lies several times to the litigants that “Barrie already has her divorce”, when the Judge knows that the matter is not final in any way until all appeals are complete. When a Judge denies “due process” by affecting a divorce Order, the court is so corrupt so as to boggle the mind of any American. Nixon v. Fitzgerald, 457 US 731, 763 (1981). What we have here in Judge Hadfield goes well beyond a total disrespect for Oath, the judicial system and the law, but a criminal mis-use of power, and a belief that by being a “judge” the Respondent is well above and beyond all laws. The New Mexico Supreme Court has not only a duty to remove such a person from the bench, but to ensure prosecution for criminal conspiracy against rights and deprivation of rights under color of law.
In this matter, not only has Judge Hadfield thus acted herself in a “conspiracy against rights” and in a “deprivation of rights under color or law” but has also been a “criminal” knowingly allowing the abandonment and abuse of the Derringer animals in collusion with Barrie Derringer that has already killed 4 and continues to deprive food and water to the remainder in violation by both Barrie Derringer and Elisa Hadfield of criminal violations under NMSA 30-18-1. The Respondent thus knowingly allows and assists criminal fraud, falsification of the court record, and criminal perjury in her own court performed time and again by Barrie Derringer and attorney Alain Jackson. With full knowledge that David Derringer loves his wife and is trying to address the underlying Barrie Derringer drug and mental and emotional problems, Judge Hadfield has mis-used her position to constantly threaten and use as a weapon against David Derringer the “bifurcated divorce” and “no-contact order” as a tool to both ruin David Derringer’s life, and to allow Barrie Derringer to ruin her own life, without common sense and proper use of the laws, to take steps to both save the marriage and properly address the drug and sexually transmitted disease problems that Barrie Derringer has underlying this entire matter. No party can have equity under this dictatorship of oppression.
There is no seeking justice in this court by Judge Hadfield, but to eliminate Pro-Se cases, relieve the docket as fast as possible pushing through a “divorce” for any woman petitioner coming before her with also granting the woman assistance to steal all of the money, assets and community property; to ignore the truth; violate NMRA Rule 1-090; to ignore all facets of the Code of Judicial Conduct and Oath; and let the woman petitioner’s attorney run rampant to defeat and destroy David Derringer with all means of fraud, perjury and falsification of the court records while keeping David Derringer from discovery, evidence, and pleadings to affect any appeal properly.
This matter has direct and vicious violations against David Derringer that include 1st, 2nd, 4th, 5th 13th, and 14th Amendments, Title 42 Sections 1981, 1982, 1983, 1985 and 1986, and Title 18 Sections 241 and 242 and 1503, and 1512 and violations of Title 28 Section 1655, with “intimidation” and “obstruction of justice” operating in this court, as well as multiple criminal acts under NMSA Section 30. The Judge Hadfield Rules of Civil Procedure violations are extreme, particularly in the matters of “Rule 1-026 Discovery”, evidence, testimony, and issues.
The Respondent has a undeniable hatred against pro-se parties and a sexual discrimination against “men” in general and a bias and prejudice against David Derringer as she learned that David Derringer will exercise his rights of “due process” with pleadings that the Judge did not expect from a “pro-se” husband. The Respondent therefore decided that illegally granting a “bifurcated divorce” might just shut David Derringer up and let this matter be concluded, and seems to have unwarranted anger against David Derringer, and interest and sympathy for Barrie Derringer biasing her thoughts, actions, and distorting her ability to fairly preside over any issue in this matter. Judge Hadfield simply cannot abide by the idea that the woman is at fault here bringing this action, when the woman has underlying drug and emotional problems wherein a divorce is no solution.
The Petitioner has already entered numerous motions that have exposed the judicial problems going on here and tried legally to recuse the Judge. The pleadings are clear that the Judge even attempted to shorten the illegal and non-jurisdictional trial by muzzling David Derringer and tried at first not to allow David Derringer any legal argument for appeal. The “findings and conclusions” pleaded by David Derringer clarify many of the egregious acts being perpetrated by the Respondent describing the ongoing fraud and criminal perjury and other acts that demand that the case of DM-12-610 must be dismissed with prejudice with no granting of any divorce for Barrie Derringer, and the acts of sedition and treason and violations of the “Supremacy Clause” mandate that the DV-12-234 Order of Protection be dissolved with restitution granted for decimation of David Derringer’s rights under Constitution be awarded against Judge Hadfield and the State of New Mexico. In this matter, Judge Hadfield “refused” to recuse for cause and worked outside of jurisdiction and judicial capacity all of the time the NM Court of Appeals had jurisdiction of all matters in order to force the divorce and disregarded the emotional and drug problems of Barrie Derringer underlying this matter wherein both the Petition for Dissolution of Marriage and the Petition for Order of Protection were brought in bad faith and “malicious prosecution” without sensibility or legal validity from Barrie Derringer. There is clearly there no impartiality here in this Court, thus violating NMRA 1-088.1(D).
The Constitution of the State of New Mexico, Article VI 3 provides in pertinent part, “The Supreme Court...shall have a superintending control over all inferior courts..” NMRA 12-504.A. authorizes this Court to issue an extraordinary writ to require the Respondent to recuse herself so that justice can properly be served in accordance with all of the laws of this state and in fact the acts of the Respondent are so severe as to permanently remove Judge Hadfield from the bench.
In this case, the Respondent, the Honorable Alisa Hadfield does not consider the legal issues presented, ignores the case laws, statutes and Constitution and has the penchant to persecute pro-se parties, men in particular, and to destroy and dismiss this case as fast as possible by awarding a “divorce” so as to destroy the life of David Derringer but is ignorant enough to also be destroying the life of the woman Barrie Derringer, and not doing anything about the severe underlying problems that erratically caused Barrie Derringer to bring this improper action. Judge Hadfield simply rules without conscience or intelligence to deny proper due process and relieve her court docket, and in doing so is ruling erratically, and without substance of facts or law against the US Constitution and State Constitution, and deliberately ruling against precedents of case laws in favor of preserving the marriage and solving the underlying perceived problems, and in doing so has destroyed the very foundation of the legal system by blatantly ignoring and ruling against the laws of New Mexico in preferential treatment of her “preferred” parties; any woman represented by an attorney that wants a divorce for any claim, and against any pro-se party, Respondent to a divorce, and particularly attitude “against men”. A quote from U.S. Supreme Court Justice Tom C. Clark in Mapp V. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (June 19, 1961), as follows: “Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. As Mr. Justice Brandeis, dissenting, said in Olmstead v. United States, 277 U.S. 438, 485 (1928): "Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. . . . If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."” (Emphasis added).
a) Circumstances Making Petition Necessary and Proper.
The conduct of the Respondent is unbecoming a Judge, in violation of Oath, in violations of the duties and trust demanded by the Code of Judicial Conduct “Canon”, and deliberately wastes the time and resources of the judicial system to appeal matters that could be judiciously settled at this time by a proper denial and dismissal of the Petition for Dissolution of Marriage without any divorce for Barrie Derringer, and denial and dismissal of the Order of Protection that is entirely “un-Constitutional” and in violation of the law mandated by the US Supreme Court No. 08-1521. With acts of the Respondent even a proper and equitable future appeal is being sabotaged and can remain as no equitable remedy. The Respondent Hadfield in the trial actually crossed the line of US Code Title 42 Section 1982 by suggesting that David Derringer abandon and sell or destroy his animals rather than force Barrie Derringer to pay for food and water with “community income” as the law demands; again violating the “Supremacy Clause” by attempting to force David Derringer into acts regulated by federal law “private property” where only upon David Derringer’s discretion is paramount, not the “judge’s” personal viewpoints or ideas about David Derringer’s property. This demeaning attitude against the “integrity” of the judicial system is public corruption that defeats the proper purpose of the courts as designed by Congress. The Petitioner has been rendered homeless and destitute ongoing since Barrie Derringer left the marriage taking all money from the banks and the community income, due to the criminal larceny Barrie Derringer and her distorted idea of simply “driving away from the marriage” with no accountability or legal ability. Barrie Derringer simply believes that she can simply “stop being a wife or partner of the marriage at any time she chooses” and that is the end of it with no legal ramifications, and the personal agenda of Judge Hadfield wants Barrie Derringer to get away with all of the money and no accountability for even the criminal acts of Barrie Derringer against David Derringer. This court has jurisdiction to exercise its power of superintending control to “...prevent irreparable mischief...” State ex rel. Anaya v. Scarborough, 75 N.M. 702, 706, 410 p.2d 732 (1966).
If justice were to be served, David Derringer has always had all of the statutes, Constitutional rights, privileges and immunities and case laws involving all matters involved here as a remedy to stop this divorce and mandate the denial and dismissal of the Petition for Dissolution of Marriage and to deny and dissolve the Order of Protection brought in proven “perjury and fraud” in a 4th degree felony by the false notarized statement of Barrie Derringer. At the end of all of this, after multiple appeals, either the New Mexico courts will have to go against all of the NM Statutes, Constitution and former case laws over all matters here to render the divorce for Barrie Derringer, or acclimate to the law and deny and dismiss the Petition for Dissolution of Marriage without any divorce for Barrie Derringer under any circumstances, and Order Barrie Derringer “accountable” by law enforcement for the criminal acts of perjury, fraud, falsification of the court record, animal abandonment and abuse and other acts against the law, and take off the Order of Protection that is entirely outside of Constitution, and make restitution to David Derringer for all acts of deprivations. Parratt v. Taylor, 451 U.S. 527, 101 Supreme Court 1908, 68 P.Ed.2d 420 (1981). Judge Hadfield knows that the Constitution was formed before her position as justice. Civil Rights 13.4(2) “is accountable via 1983 action..in a position of responsibility, knew or should have known of misconduct and yet failed to prevent future harm.” With existing Constitution and all former case laws of this state and nation, the Petitioner will prevail, as a matter of law, as the Respondent and Barrie Derringer have acted with proven fraud, proven perjury and in collusion and conspiracy with the state official “judge”granting Derringer an undeniable “Class 1983" Action in future federal courts. Even if it would be possible, despite the current obstruction and sabotage, after a distant and successful appeals process, to obtain complete compensation in damages from Barrie Derringer, her attorney Alain Jackson, Judge Hadfield and the State of New Mexico, the Petitioner would be much older or dead, David Derringer’s life ruined beyond repair even with compensation, possibility of David Derringer’s wife Barrie Derringer already having committed suicide or overdose of opiate drugs or worse, the loss of consortium and decimation of the Derringer marriage would be complete and lives would still be destroyed by the current irrational acts of the Respondent. As indicated even in David Derringer’s “findings and conclusions” of August 31, 2012, David Derringer is forced to sue multiple parties involved here in both state and federal courts, and even in doing the process of this entire litigation to uphold New Mexico laws, Constitution and stare decisis case laws, each would require this initiation of several new law suits against Barrie Derringer (AKA Barrie Crowe; Barrie Beverley) Alain Jackson, Judge Elisa Hadfield, Jerry Crowe and Warren Crowe; which would result in “...great, extraordinary or exceptional hardship, costly delays and unusual burdens of expense.” State ex rel. Anaya v. Scarborough, 75 N.M. 702, 706, 410 p.2d 732 (1966). The Petitioner has been conspired against by the Respondent in this matter to destroy his pets/animals, income, life, respect for the law and judicial system and inherent belief in the integrity of the system. There are “lives” at stake here, both David Derringer at 63, Barrie Derringer at 57, (the most vulnerable age for overdoses of opiate prescription drugs are in depressed “women” between the ages of 44-64) and many pets aging every day that have been abused by the Respondent and Barrie Derringer that have only several more years of ability to function, and impart enjoyment and reciprocal love to the Petitioner. The Petitioner, David Derringer, has had all of his ability to protect his own property “family of pets” denied by the Respondent with acts of deprivation of “community income” needed for food and water and to deny David Derringer “firearms” so as to protect his pets from wild animals, which have already killed four Derringer animals. All decimation of laws were the same laws and Constitution defied by Judge Hadfield with acts not in congruence with any of the laws that Judge Hadfield “swore to God” to protect and serve. All of this hardship, wasting of the lives of Derringer’s animals, wasting the senior years of David Derringer and Barrie Derringer and delay and expense can be avoided, the laws of our state upheld, the judicial corruption occurring here stopped, the criminal acts here stopped, and judicial economy served by the exercise of superintending control of the Supreme Court in this case. Clearly, to save Barrie Derringer’s life itself, the prescription drug abuse and possible illegal drug abuse by Barrie Derringer must be tested and stopped before a suicide or overdose kills Barrie Derringer, whom David Derringer loves with all of his heart. “Divorce” is no answer here.
a) Real Party in Interest
The Respondent is a District Court Judge Elisa Hadfield who is acting in the discharge and corruption of her official duties. The real party in interest in peril over this entire matter is wife Barrie Lee Derringer.
a) Grounds Upon Which This Petition is Based
The Respondent Judge Hadfield “has knowledge” of all of the serious criminal acts of Barrie Derringer and the fraud underlying both the Order of Protection and Petition for Dissolution of Marriage, including the abandonment and abuse of the animals and abandonment of the Derringer Marriage with taking all monies illegally, and “facilitates” the acts to gain a divorce for Barrie Derringer that is not at all in the best interest of either Barrie Derringer or David Derringer. The Respondent knows that the Order of Protection violates the Constitution 2nd Amendment, violates US Supreme Court ruling No. 08-1521, is without evidence or proof, and violates David Derringer’s “professional rights” for use of firearms, and is not in the best interest of either Barrie Derringer or David Derringer due to Barrie Derringer’s suicidal tendencies, drug abuse and venereal disease.
The Petition for Dissolution of Marriage was also brought in “malicious prosecution” by lies of Barrie Derringer and brought under “bad advice” of both her bosses and parents, without merit. The Respondent knowingly allows Barrie Derringer and her attorney Alain Jackson to lie to the court; defy all of the marriage contract; disregard third party obligations under NMSA 45-2-804; keep David Derringer’s sole and separate inheritance and all community income from David Derringer; criminally abandon and abuse the Derringer animals without providing food and water; and other break-ins and egregious acts so as to “protect” a woman seeking a divorce for no legal or logical reasoning, with the Respondent not following any Constitution or law, but based solely on Judge Hadfield’s own personal twisted beliefs and personal agendas. DM-12-610 is so corrupt and outside the laws that it has to be dismissed.FACTS:
1) Barrie Derringer “Lied” in the Notarized Petition for Order of Protection of February 6, 2012 (a forth degree felony under NMSA 30-25-1) that on February 4, 2012 David Derringer had “knocked her down, hurt her hip, bruised her, and kept her from leaving” the Derringer storage premises of 101 Florida SE Unit C and that Barrie Derringer is extremely afraid of husband David Derringer. The APD police report of 2-4-2012 contradicts all of this perjury, as does the Sprint text print out of all of January showing that Barrie Derringer “chose” to meet in person with husband David Derringer numerous times “alone”, “in the dark”, in deserted places, and allowed David Derringer in her car, to allow David Derringer to kiss and hug her and other acts showing that David Derringer loves his wife and that Barrie Derringer knows that David Derringer would never hurt her at any time. In the hearing of February 21, 2012 Barrie Derringer produced no evidence of any kind of bruise photographs, doctor statements, and no witnesses to sustain any allegation of domestic violence by David Derringer against Barrie Derringer, and there were no criminal charges or arrests made against David Derringer at any time. The “perjury” and possible drug related “incoherence” of Barrie Derringer was evident wherein under Oath Barrie Derringer states that “she is so afraid of being hurt by David Derringer even in this courtroom” and minutes later, still under oath states that “David Derringer would never hurt me physically, he loves me”. There was not only no “preponderance” of evidence to sustain Barrie Derringer’s Petition, but no evidence whatsoever from Barrie Derringer but her false statements. State v. Hargrove, 81 NM 145, 464, P.2d 564 (Ct. App. 1970). The Order of Protection of DV-12-234 is simply used in legal error and “judicial terrorism” against David Derringer by the Respondent as is all underlying this entire malicious filing of divorce DM-12-610 to provide a “no contact order” wherein husband David Derringer cannot talk to his wife; cannot protect his wife; cannot keep his wife from damaging herself with drugs or suicide; wherein she is back also with a same crowd of persons as when with her past biker twice married 30 year husband Charles Beverley, that induced Barrie Derringer to continue abuse of alcohol and marijuana and “introduced” Barrie Derringer to “cocaine” and likely other illegal and controlled substances. US v. Barrera-Moreno, 951 F.2d 1089; Kunkel v. US, 113 S. Ct. 417, 506 US 957, 121 L.Ed.2d 340; Ruis v. US, 113 S. Ct. 985, 506 US 1055, 122 L.Ed.2d 137 “Government’s failure to be aware of and stop use and distribution of cocaine”. Case DV-12-234 and Order of Protection must be dismissed and released immediately against David Derringer. David Derringer was a very good husband to Barrie Derringer and is the only person in the world that truly loves his wife “unconditionally” and would protect her health and well-being more than any other person ever before or currently in her life. The Order of Protection was without service of summons, and David Derringer notified the court before hearing so that the hearing had to be dismissed as without “jurisdiction”. The material witness Bruce Davis was denied by Commissioner Cosgrove/Aguilar and this bias and prejudice makes the hearing also jurisdictionally defective. The testimony of both David Derringer and third party Bruce Davis at the trial of August 23, 2012 proves that at no time did David Derringer ever “touch” Barrie Derringer on February 4, 2012, even when Barrie Derringer came rushing to calm and console her husband after the assault and battery by Barrie Derringer’s own gang of 12 persons, and wherein Barrie Derringer placed her hands on David Derringer’s cheeks, and said “Calm down, you’re OK”, David Derringer still did not physically touch, hug or kiss, or make any other actions with contact of Barrie Derringer. The hearing then placed an Order of Protection against David Derringer that denied use or ownership of firearms in total violation of the 2nd Amendment “right to bear arms”. In US Supreme Court No. 08-1521 in 2010, the right of firearms was decided to be a personal right to own, use and possess firearms, including “personal protection”. David Derringer also had a “property right” to use and own firearms defied by this Order of Protection. It is inescapable and impossible that the Respondent has completely misconstrued the 2nd Amendment of the Constitution and the recent ruling of the United States Supreme Court in 2010 in No. 08-1521 that grants David Derringer rights as a “citizen” to own, possess, and use “firearms” and particularly when the “profession” of David Derringer is NM Professional Outfitter/hunter registered No. 32. David Derringer has an undeniable “property right” (necessity) to use and own firearms defied by this Order of Protection. Roberts v. State Bd. of Embalmers and Funeral Directors, 434 P.2d 61 N.M.,1967 “The right to practice a profession or vocation is a property right.”; Muckleroy v. Muckleroy, 498 P.2d 1357 N.M.,1972. This violates the Supremacy Clause of the Constitution Article VI. Where the state is not in compliance with the federal regulations because of judicial constructions that circumvent or undermine the legislative intentions of the act, and because no judge can infringe upon the Constitutional rights of United States Citizens, it can be presumed that those rights are protected under the federal mandates, including a “right to bear arms” as a Constitutional right now deemed to be a “personal right” to own, use and possess firearms by David Derringer. This court is bound by the “supremacy clause” that mandates dismissal of the Order of Protection of February 21, 2012 of DV-12-234 with “restitution” of deprivation of rights for David Derringer. On June 6, 2005, the United States Supreme Court ruled that.. The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail...” in Gonzales v. Raich, No. 03-1454 SEE United States v. Colorado Supreme Court, No. 98-1081, 10th USCA. Judge Hadfield Case DV-12-234 has violated the Supremacy Clause by attempting to regulate an area of federal law controlled in the Second Amendment and by precedent ruling of the US Supreme Court No. 08-1521. Alexander v. Delgado, 84 NM 717, 507 P.2d 778 (1973); State v. Sedillo, “it appears that the Supreme Court necessarily decided the issues underlying the claim” in US Supreme Court No. 08-1521 in 2010. Stoneking v. Bank of America, 132 NM 79, 43 P. 3d 1089. “Under Article VI of the Constitution, the laws of the United States “shall be the supreme law of the land..any thing in the Constitution or laws of any State to the contrary notwithstanding”. US Constitution Article VI Cl.2 “The Supremacy Clause prohibits the application of state laws which conflict with federal laws.” Home Mortgage Bank v. Ryan, 986 F.2d 372, 375 (10th Cir. 1993).” This places not only this court in mandate to release the Order of Protection but also mandates that Order issue to arrest and prosecute Barrie Derringer for the 4th degree felony of “perjury” in a notarized statement meant for fraud and false criminal allegations against husband David Derringer for corrupt purposes of malicious prosecution and harassment, retaliation and retribution against David Derringer, wherein the “plan” of stealing all Derringer property of any kind on February 4, 2012 before any divorce filing was thwarted by David Derringer calling 911 and the APD putting a stop to the deceit of Barrie Derringer and 12 persons engaged in the attempt to take all community property, Barrie Derringer property and David Derringer property and to leave David Derringer with “nothing” before even the filing of divorce by Barrie Derringer. State v. Miller, 92 NM 520, 590 P.2d 1175 (1979). In the process, serious judicial jurisdiction defects abound, to include but not limited to lack of service of summons, forcing David Derringer to continue with a hearing in which he was not served and gave notice of such before hearing, (no service in personam) Constitutional violations, due process and equal protection violations, violations of US Supreme Court ruling No. 08-1521, and violations of the Supremacy Clause of Section VI of the Constitution, and proven contradiction to the testimony of Barrie Derringer, and whereas As Barrie Derringer fails and “refuses” to account for the community property purchased by Barrie Derringer after January 2012 and Barrie Derringer fails and “refuses” to account for the community income after January 2012, Barrie Derringer does both “fraud” to her husband and violations of all laws. Mead v. O’Connor, 66 NM 170, 344 p.2d 478 (1959). Barrie Derringer has after December 2011 low or no moral fiber and has done extensive misconduct, and abuse of Derringer animals and other acts to have bad moral character so as to show the lies and deceit of Barrie Derringer over many of the issues in both DM-12-610 and DV-12-234. As DV-12-234 is the basis of the divorce proceedings, and such must be dismissed, also making the DM-12-610 both brought in malicious prosecution and for improper purposes, DM-12-610 must also be dismissed with prejudice with no possible “divorce” available for Barrie Derringer.
2) Barrie Derringer had met, dated, became engaged to and married “Cowboy” David Derringer, fully knowing that David Derringer had little income, lived in a travel trailer, treasured his “animals”, and had a remote residence without running water or electricity being a rougher life style than city living. Barrie Derringer not only embraced this lifestyle, but vowed to move with David Derringer further into a mountainous area wherein their way of living would be even more self sufficient. After a disaster of a home burning down on December 23, 2011 that the couple sought to purchase, killing 5 Derringer dogs, the PTSD (post traumatic stress disorder) accompanied by bullying and coercion by bosses and family members accompanied by extreme abuse use of Barrie’s prescription opiate drugs, precipitated the divorce filing, claiming unwarranted that Barrie Derringer needed a “divorce” because she did not always have “running water and electricity”. Barrie Derringer simply succumbed to the family, friends and bosses that stated that Barrie Derringer should not live in the Cowboy life style, and betrayed her husband and family of animals. Barrie Derringer on December 27, 2011, four days after the fire and two days after Christmas simply drove away thinking that she had no legal or moral obligations to her husband or the animals, betrayed and abandoned her own husband in a state of emergency and disaster aftermath, when her husband needed his wife more than ever, both physically and emotionally, and defied the “contract of marriage” disavowed all legal obligations to “community income”, debts, and obligations to provide food and water for living animals, and “left”, claiming she was not “loyal”. The Respondent both “applauded” the legal and moral violations here, discounted and ignored the underlying emotional and mental problems of Barrie Derringer, disregarded the medical infectious disease of an STD “venereal disease of Herpes III” that Barrie Derringer would spread to others outside of a marriage and ignored the suicidal and drug taking problems of Barrie Derringer and would not, despite numerous motions before the court from David Derringer, Order drug testing, disease testing, mediation, counseling, or other remedy, and the Respondent adamantly defied the mandate of New Mexico to “save the marriage”. Matter of Lord’s Estate, 602 P.2d 1030, 93 NM 543 “It is policy of state to foster and protect marriage institution.” Instead, the Respondent forced her own agenda, denied due process and equal protection for David Derringer; denied David Derringer discovery and other Rules of Civil Procedure, and forced continuation of hearings and a trial without jurisdiction or judicial capacity when the matters had already been appealed to the NM Court of Appeals. There are so many violations of due process and equal protection that the matter of DM-12-610 must be denied and dismissed without any divorce for Barrie Derringer. As well, the abuse of discretion of the Respondent to both address, rectify and mandate drug testing, venereal disease testing, and suicidal and emotional counseling and to address the “real problems” of this matter are totally “ignored” in a total violation of the Civil Rules Civil Procedure and all law; Oath, Canon, Code of Judicial Conduct; Constitution, case laws and simple “human decency, ethics, integrity, and morality”, of which the Respondent is totally lacking. The Respondent maliciously allowed Barrie Derringer to not comply to the Rules of discovery as well as violations of the April 10, 2012, and July 3, 2012 Order from the court to simply run over the pro-se husband David Derringer with no redress. The Respondent simply modified or corrupted the court record as much as possible to prejudice and bias any further appeals, and then forced a trial that denied due process and opportunity to be heard. US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 “This section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague.” This places DM-12-610 in a lack of jurisdiction and judicial capacity due to a bias and prejudice and with total deprivations of due process and equal protection. This mandated the removal of Judge Hadfield from the bench and the denial and dismissal of DM-12-610 with prejudice with no granting of any form of divorce for Barrie Derringer. This court will find the record very clear of deprivation against David Derringer and abuse of discretion of the Respondent. Wieneke v. Chalmers, 73 NM 8, 385 P.2d 65 (1963). “the need for continuation of a trial for additional discovery lies from the previous failure of the Petitioner for any discovery response” As the court was made aware by verbal David Derringer motion that all matters of this court of both DM-12-610 and DV-12-234 and the various previous motions including the motion to recuse for cause Judge Hadfield were in the New Mexico Court of Appeals jurisdiction under No. 32,113 and 32,326 wherein a trial could not be held, and without legal ability Judge Hadfield denied a motion for continuance or in the alternative “stay” and moved forward illegally with the trial. At the time of trial, the NM Court of Appeals had the open appeal of DM-12-610 No. 32,113 active without either dismissal or remand, and the jurisdiction was in the New Mexico Court of Appeals. Terrel v. Duke City Lumber Co., 86 N.M. 405, 524 P.2d 1021 (Ct. App. 1974) aff’d in part and rev’d in part, 88 N.M. 299, 540 p.2d 229 (1975) “Trial court loses jurisdiction when appeal taken. Although this rule applies to the district courts, the court of appeals correctly entertained this motion as the trial court could not have considered it, having lost jurisdiction by reason of the appeal.”; Meeker v. Walker 80 N.M. 280, 454 P.2d 762 (1969) “From and after the filing of the notice of appeal from a judgement, the trial court was without jurisdiction to take any further step in regard to the motion to alter or amend judgement.” The Respondent has defeated the right of David Derringer to a fair trial and due process by “judicial terrorism”.
LAW:
The Case DV-12-234 Order of Protection is legally defeated with no legal summons service in personam, no supporting evidence, witnesses or criminal convictions, violations of due process and equal protection, not allowing David Derringer to present his witness and full testimony and evidence, and extreme violations of the Constitution 2nd Amendment, the Supremacy Clause of the Constitution Article VI, and the violation of the US Supreme Court Ruling No. 08-1521. The Order of Protection of DV-12-234 must be dismissed with prejudice with restitution of extreme amounts due David Derringer for deprivation of Constitutional rights and rights of “profession” for large monetary amounts from Barrie Derringer, Judge Hadfield and the State of New Mexico.
The Case DM-12-610 must be denied and dismissed with prejudice with no granting of any divorce for Barrie Derringer due to the extreme violations of due process, equal protection, Constitutional rights, statutory and case law rights, abuse of discretion, denial of “community income”, abandonment and abuse of animals, death of animals due to malicious acts of Barrie Derringer and the Respondent, lack of jurisdiction and judicial capacity, bias and prejudice, violations of the Supremacy Clause, and criminal acts perpetrated against David Derringer by the Respondent and Barrie Derringer in “conspiracy” of conspiracy against rights, deprivation of rights under color of law, perjury, fraud, falsification of the court record, abandonment and abuse of animals, larceny of community and inheritance monies, malicious prosecution, and violations of Constitution. The Respondent has no ability to override the Constitutional provisions, ignore all case laws, disregard stare decisis, and to allow criminal actions by Barrie Derringer and attorney Alain Jackson to permeate this courtroom to defeat the loving husband David Derringer that simply wants to restore his marriage, protect his wife from any harm or suicide, keep Barrie Derringer off of illegal or extreme prescription drugs to ill effect, insure the public is protected from Barrie Derringer’s incurable venereal disease (STD) Herpes III, and make sure that wife Barrie Derringer is healthy and well because David Derringer loves this woman.
3) Relief Sought:
For the foregoing reasons, it is respectfully petitioned that this Court issue its Alternative Writ of Superintending Control directing the Respondent to show cause why she should not be required to recuse herself and relinquish control of both DV-12-234 and DM-12-610; to dissolve with prejudice the Order of Protection DV-12-234; and to deny and dismiss DM-12-610 without any divorce for Barrie Derringer; to Order medical testing for Barrie Derringer for urine, hair, and blood for drug testing, venereal disease testing, emotional and mental evaluation for under Oath admittance of Barrie Derringer being suicidal, endangering both her life and others, and for Judge Alisa Hadfield to be permanently removed from the bench.
Respectfully Submitted by___________________________________________
David Derringer Pro-Se, Box 1205, Albuquerque, New Mexico 87103
CERTIFICATE OF SERVICE
I hereby certify that I sent by first class mail 8 copies of this Petition to:
New Mexico Supreme Court
237 Don Gaspar Avenue
Santa Fe, New Mexico 87501
I hereby also certify that I sent by first class mail a copy of this Petition to:
Respondent Judge Alisa Hadfield and the
New Mexico Attorney General
Att: litigation division
Box 1508
I further certify that I sent a copy of this pleading to:
Attorney for Barrie Derringer real party of interest:
Alain Jackson
Albuquerque, New Mexico 87102
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