IN THE COURT OF APPEALS
OF THE STATE OF NEW MEXICO
Second
Judicial District Court No. DM-12-0610
Rel.
DV-12-234
Appellee/Petitioner,
v.
DAVID
BRIAN DERRINGER,
Appellant/Respondent,
EXTREME
EMERGENCY MOTION BY APPELLANT DAVID DERRINGER TO STOP THE UNDERLYING CORRUPTION OF JUDGE HADFIELD IN THE TRIAL COURT
DM-12-610 WITHOUT JURISDICTION, ATTEMPTING TO STOP THE APPEAL OF NO. 32,587 AND
ILLEGALLY JAIL AND RUIN THE LIFE OF DAVID DERRINGER BEFORE THE APPEAL IS
COMPLETE, AND ANY OTHER JUSTICE AVAILABLE BY ORDER OF THE NM COURT OF APPEALS
COMES NOW the
Appellant/Respondent Pro-Se with his Motion as stated above.
In the past interlocutory
appeal of DM-12-610 to NM Ct. App. No. 32,113, Judge Hadfield disregarded the
jurisdiction of the higher court and continued with the trial court before any
remand of the matter back to the trial court; thus working outside of
jurisdiction and judicial capacity to go ahead and hold a trial on August 23,
2012 when legally unable to do so. Respondent (Appellant) David Derringer had
already motioned the trial court Judge Hadfield to recuse for cause, and she
refused, and the NM Court of Appeals disregarded this issues in No. 32,113 and
allowed/forced David Derringer/Respondent to continue to be forced before a
biased and prejudiced Judge that was working against Constitution and all state
statutes and case laws. After a “Final Judgment” of November 15, 2012 that is
“unenforceable” due to discrepancies under Rule 60 proper appeal was taken to
No. 32,587. In retaliation of appeal No. 32,587, in retaliation of new suit of CV-12-10816
and in pure hatred by both Barrie Derringer and Judge Hadfield, a malicious
motion for order to show cause was filed after appeal had already been taken in
retaliation, retribution and revenge, and was heard on February 8, 2013 by
Judge Hadfield that allowed “bond” to be placed as “a stay pending appeal” but
which turns out to be criminal extortion and deprivation of due process and
equal protection with the trial court “refusing” to allow a “bond” but forced
coercion of extortion of $22,000.00 from David Derringer or future attempts to
jail David Derringer for contempt not legally available in order to stop appeal
and stop the Appellant’s exposure of the underlying corruption going on here. The
NM Court of Appeals is dutifully bound not only to Order the recusal for cause
of Judge Hadfield but to stop instantly the corruption of the lower court
denying the Appellant his bond, as well as trying to jail and stop the
Appellant from legal appeal by criminal mis-use of power and abuse of
discretion by the corruption of Judge Hadfield.
The NM Court of Appeals now has jurisdiction of the
“final judgment” of November 15, 2012 in this appeal, thus taking away again
the jurisdiction of the trial court, and still circumvents and disregards one
of the numerous issues of corruption in the underlying trial court by refusing
to rule on the Judge Hadfield recusal issues placed for the second time before
this NM Court of Appeals in this same underlying case. David Derringer has
filed a Notice of this corruption with the trial court. [Exhibit 1] and intends to take federal action of Civil
Rights against the corruption and likely the State of New Mexico
Judge Hadfield is totally aware
that 1. The Final Judgment of November 15, 2013 “steals” in criminal larceny
over $20,000.00 from Respondent David Derringer of “community income” that
Judge Hadfield allows Barrie Derringer to unlawfully keep in violations of
laws. 2. Judge Hadfiels steals in criminal larceny another
$7,000.00 of Respondent’s sole and separate inheritance monies that was paid to
IRS for wife Barrie Derringer in pre-marriage debt that must be reimbursed. 3.
Judge Hadfield steals another $2,500.00 of “community income” payments during
the marriage from Respondent David Derringer
in $100 per month payments for Barrie Derringer additional pre-marriage
IRS debt. 4. Judge Hadfield steals another $12,000.00 in larceny
of Respondent’s sole and separate inheritance funds spent on $7,000.00 down
payment on the 2005 Chevy truck of community property with yet another
$5,000.00 of payments made by David Derringer’s sole and separate inheritance
funds, and wherein David Derringer is the primary loan holder of the
Chevy with Barrie Derringer being only a “co-signer” of the loan, and 5. The irrational
inconsistencies of the Final Judgment of November 15, 2013 making that Order
totally not enforceable under NMRA Rule 60, including “fraud” by the Judge
herself, and in fact currently on appeal as NM Ct. App. No. 32,587.
Because
David Derringer filed a proper and distinct “tort” suit David Derringer v. Barrie Derringer aka Barrie Crowe et al.
DV-12-10816; Barrie Derringer, in retaliation and retribution with apparently the
“unwarranted “hatred” of Barrie Derringer and Judge Hadfield toward the
Respondent for cause only that David Derringer has “defended himself” from the
criminal onslaught from the corruption of Judge Hadfield and the unfounded
criminal and unethical diabolical acts by Barrie Derringer against a husband
that only loved her, the “cult gang TEAM” of Judge Hadfield and Barrie
Derringer seek to destroy the Respondent at any costs.
The
respondent has an undeniable right by “Rule” to obtain a “stay pending appeal”
of an Order of November 15,
2012 that violates Rule 60 and is unenforceable under all law, and
has a right to obtain a “reasonable bond” for such stay. Only extreme abuse of
discretion would mandate a cash payment of the entire amount of the Final
Judgment from any Respondent for such a stay pending appeal, and clearly any
rational human would not mandate $22,000.00 cash from a cancer disability
senior citizen that gets only $700.00 per month disability. However, the
Petitioner’s retaliation of CV-12-10816 produced a “malicious prosecution” act
of filing without substance an “order to show cause” that was intent on
destruction of David Derringer and undeniably to use the hatred of Judge
Hadfield to attempt to put David Derringer unlawfully in jail to “shut him up”
of disclosing the public corruption of Judge Hadfield and Barrie Derringer on
the Internet for the world to see what is happening here. Judge Hadfield ruled
on February 8, 2013
that David Derringer had a right to a “bond” for a stay pending appeal and yet
set up a hearing date in later March, 2013 that would entail a hearing on
“contempt” if such a bond was not secured by March 11, 2013 . Judge Hadfield is well aware
that she has destroyed any ability of David Derringer to make any income as his
profession of outfitter/hunter NM Game and Fish #32 by illegally taking 2nd
Amendment Constitutional rights without cause or due process in sedition and
treason against oath and America, and that David Derringer’s thus only income
is that of “disability” of only $700.00 per month due to cancer, and Judge
Hadfield has already stolen in larceny with Barrie Derringer all of the
Derringer community income and savings of the Derringers as well as stolen all
remaining of David Derringer’s sole and separate inheritance, making David
Derringer both homeless and destitute. In attempts for compliance with the
corruptive order of February 8, 2013 done outside of jurisdiction when the entire
matter was already on appeal No. 32,587 as well as in “malicious prosecution”
of retaliation without legal ability, David Derringer sought “bond” with
several agencies including Mario Vallejos Bond Company, Lopez Bail Bonds and others, in which they all were
“DENIED” ability to provide a bond for Respondent David Derringer under
DM-12-610 with these companies actually calling and talking to the court,
because the Court “refused” to allow a “bond” and mandated that David
Derringer produce only “cash” money in the amount of $22,000.00. Clearly, Judge
Hadfield both violates the Rule allowing David Derringer to obtain a “bond” for
a stay pending appeal, and instead forces David Derringer in criminal extortion
to produce the full amount of the excess value of the Chevrolet and the ordered
sanctions of attorney fees that David Derringer has already paid by “community
income” disregarded by Judge Hadfield, showing a violence, hatred and “MENTAL INSTABILITY” of Judge
Hadfield with “knowledge” that only Bill Gates, President Obama or other
“millionaires” would have $22,000.00 “cash” with which to draw upon in a few
weeks time, and certainly a homeless Respondent with only $700 per month could
not possibly come up with that kind of money without any ability to obtain a
“bond”. This irrational and criminal behavior of Judge Hadfield is simply to
allow Barrie Derringer to steal a Chevy truck from the primary loan holder,
disregard the $12,000.00 equity of sole inheritance David Derringer has in this
vehicle and attempt to “jail” David Derringer illegally in “contempt” in order
to stop due process and equal protection, persecute and destroy David
Derringer’s life, steal money and property from David Derringer and attempt to
stop due process and equal protection by extortion and mis-use of power to
somehow muzzle David Derringer before the appeal is complete; all regarding a
Final Judgment that cannot be enforced as written due to inconsistencies and
proven “fraud”. How insane is a Judge to use such hatred for a litigant requiring $22,000.00 “cash” with no
availability of “bond” in order to attempt to force through the illegal
stealing of money and property for Barrie Derringer before a legal appeal, and
how insane and demented is Barrie Derringer’s mind to attack a husband that
only loved her with such a hatred unfounded with acts to destroy the life of
David Derringer and the Derringer animals. Barrie Derringer is unbalances and
in a gang mind set and not rational.
Judge
Hadfield has orchestrated the mis-use of the court with no possible compliance available
by the Respondent under set “impossible circumstances”, in an evil intent to
attempt to “stop all due process” and appeals as was the request of the
Petitioner on February 8,
2013 , and mis-uses her wrath to attack a litigant that exposes
Judge Hadfield’s corruption “world wide”.
Since
there is no ability to gain “bond” as prescribed pending appeal, and that
“ruse” of the court was simply additional “persecution and cruel and unusual
punishment” ongoing with the Constitutional deprivations against the Respondent
with forcing continuously David Derringer before a biased, prejudiced and
unscrupulous judge that absolutely refuses to “recuse for cause”.
Judge
Hadfield has drawn the State of New
Mexico
Judge
Hadfield knew and orchestrated the deprivation and acts against law against
David Derringer and has no “judicial immunity” for the hatred exemplified by
this court well outside of jurisdiction and judicial capacity. Judge Hadfield
is simply a “criminal sitting on the bench” doing extreme damages to all that
come before her with no conscience or
law upheld. David Derringer until his death will continue to expose these and
other unlawful acts to the world, and indeed has no legal recourse but to
continue to expose these and other unlawful activities until some element of
the Government takes corrective action. Prei, Inc. v. Columbia U.S. New Mexico United States of America February 8, 2013
of DM-12-610 is also before this court in the appeal No. 32,587.
The
current egregious circumstances of the presiding Judge Hadfield. Violated
entirely both due process and is a conspiracy under Civil Rights 13.4(4)
Conspiracy 7.5 State and federal
officers are liable under US Code Title 42 Sections 1983 and 1985(2) when they
conspire based on fabricated evidence or false, distorted, perjury in testimony
presented to official bodies and use such distortion to take rights from
citizens. Silva v. Town of Springer, 912, P.2d 304, 121
N.M. 428 1996 NMCA O22 cert denied 911 P.2D 883, 121 N.M. 375 cert denied 913
P.2d 251, 121 N.M. 444 N.M. App. 1996 Public official as a reasonable person
would have known that his or her conduct was violating that clearly established
right. How Barrie Derringer can live with her own acts to destroy a husband
that only loved her, and the love that they had between them is undefined in
rational humanity. United States v. Guest, 383 US 745
(1966); Griffin v. Breckenridge, 403 US 88 (1971) Footnote[
101] 383 US 787 (1966) due process clause, Footnote [102] equal protection
clause, Footnote [103] Sec. 5 empowers Congress to enact laws punishing all
conspiracies to interfere with the exercise of Fourteenth Amendment Rights,
whether or not state officers or others acting under the color of state law are
implicated in the conspiracy.”; Federalist No. 47 by James Madison,
“The accumulation of all powers, legislative, executive, and judiciary, in the
same hands, whether of one, a few, or many, and whether hereditary,
self-appointed, or elective, may justly be pronounced the very definition of
tyranny.. In order to form correct ideas on this important subject it will be
proper to investigate the sense in which the preservation of liberty requires
that the three great departments of power should be separate and distinct.”
REQUEST FOR RELIEF:
1.
Order a stop to the corruption and to allow the appeal
No. 32,587 to continue without interference, and to Order deterrence of any
attempt to steal money, jail the Appellant or other illegal and criminal
actions that defeat due process and equal protection, including a stop
instantly to any “orders to show cause”, intimidation, harassment and other
“acts of obstruction of justice”.
2.
Order a criminal investigation by law enforcement to
the acts without jurisdiction by Judge Hadfield, the perjury, fraud and
malicious prosecution of Barrie Derringer bringing actions after CV-12-10816 in
retribution, retaliation and revenge, and the attempts to jail or illegally
detain David Derringer in trumped up charges of “contempt” in reality to stop
due process and equal protection.
3.
Any other and all manners in which justice should be
served and any further relief as this court deems just and proper.
Respectfully
submitted by ____________________________________________
Respondent
David Derringer, Box 7431 ,
Albuquerque , New Mexico
87194
CERTIFICATE
OF SERVICE March 11, 2013
I hereby certify that I hand
delivered a copy of this pleading to the New Mexico Court of Appeals clerk in
the Albuquerque
Petitioner’s attorney NOT
OF RECORD WITH THIS NM COURT OF APPEALS
Alain Jackson, 423 6th St. NW
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