IN THE COURT OF APPEALS
OF THE STATE OF NEW MEXICO
Second Judicial District Court No. DM-12-0610
Rel. CIVIL DV-12-234
Appellee/Petitioner,
v.
DAVID BRIAN DERRINGER,
Appellant/Respondent,
APPELLANT DAVID DERRINGER’S MOTION FOR RECONSIDERATION UNDER RULE 12-404, OF THE ILLEGAL, UNCONSTITUTIONAL, AND DEFIANT TO BOTH NM STATE STATUES AND ALL FORMER CASE LAWS OF THE MEMORANDUM OPINION OF MARCH 6, 2013
COMES NOW the Appellant/Respondent Pro-Se with his Motion as stated above.
The Motion for Reconsideration Rule 12-404 is prescribed to be brief, particular, but without argument of the points of law, fact and Constitution that the NM Court of Appeals has overlooked, denied, deprived, and misapprehended.
Firstly, it is pathetic that the court itself not only obviously refuses to read and listen to the entire underlying court record, and ignores and refuses to comply with the tremendous amounts of case law, Constitutional law and Statutory law that entirely supports the Appellant, but in fact “corrupts” the actual court record. Without any opposition whatsoever from the Appellee, the Court itself has become her advocate, litigator and opponent to the Appellant, moving from a “finder of facts” to an adversary against laws presented. The “corruption” includes but is not limited to 1. stating on the face cover that the Appellee is represented by Alain Jackson, when in fact the attorney Jackson nor the Appellee in underlying No. 32,113, No. 32,326 and 32,587 have never entered any appearance in this court and have never filed any pleading to become of record as representing anyone, and the Appellee herself, Barrie Derringer has never entered any of the NM Ct. App. No. 32,113, No. 32,326 and 32,587 Pro-Se at any time. 2. the court corrupts the record in stating that DV-12-234 is a criminal domestic violence proceeding against David Derringer, when it is only a “civil” petition for order of protection and there has never been any criminal actions in any regard, thus making the Memorandum record of No. 32,587 of March 6, 2013 page 2 No. 9-14 “corrupt” and tainted in the record. 3. This court has total jurisdiction to both consider the CV-12-234 of No. 32,326 and is in fact “mandated” to incorporate that matter as inexplicably intertwined with the DM-12-610 of No. 32,587 before this court. 4. This court defies all laws intertwined and absolutely supporting the 53 issues placed before this court, and is mandated by law to stop and reverse the 2nd Amendment rights violations against the Appellant as well as mandated to Order complete reversal and dismissal of both DV-12-234 as in total fundamental error, as is also DM-12-610 that both have been brought by Barrie Derringer in proven perjury, fraud, without cause in malicious prosecution, and falsification of the underlying court record. It is legally judicial suicide for the integrity of the entire system for the NM Court of Appeals to go against Constitution, former case laws, NM legislated statutory laws, and the US Code as the “affirmance” of the underlying proceeding would do against all “stare decisis” of both this state and the United States judicial precedents, and would set bogus and irrational “case law” against every precedent. Barrie Derringer has been “investigated” by the Bernalillo County Sheriff Department for the underlying perjury, fraud, falsification of the court records in this matter and there is currently pending State of New Mexico v. Barrie Derringer criminal action in the District Attorney OA #2013-00780-1. Clearly, if the District Attorney has a problem with the underlying perjury, fraud and other criminal issues as the foundation of both actions of DV-12-234, DM-12-610, so should the New Mexico Court of Appeals. In fact Barrie Derringer and her attorney Alain Jackson both “lied” directly to the court on March 19, 2013 in DV-12-234 in front of
Commissioner Cosgrove/Aguilar that they knew “nothing” of any of the appeals regarding these matters of No. 32,326 and No. 32,587, while the Appellant “serves” them anyway with all pleadings, and the New Mexico Court of Appeals sends the memorandums each time to Alain Jackson from this court “EVEN THOUGH ALAIN JACKSON IS NOT OF RECORD FOR ANY REPRESENTATION IN THIS COURT”. This court has an undeniable duty to “take judicial notice” of listening to the proceedings of March 19, 2013 to hear this perjury regarding this NM Court of Appeals and maybe it will sink in the underlying corruption of these intertwined matters that mandate the complete dismissal of DV-12-234 and DM-12-610 without any ability to grant any divorce for Barrie Derringer. Rozelle v. Barnard, 72 NM 182, 382 P.2d 180 (1963) Rule 11-201B NMRA. In the interim, the “law” guarantees the reversal of DV-12-234 by way of the “Brief in Chief” of David Derringer of No. 32,326, and the “law” also guarantees the reversal of DM-12-610 in No. 32,587 if this court will ever read and listen to the court record and comply with all of the laws presented in support by the Appellant.
Commissioner Cosgrove/Aguilar that they knew “nothing” of any of the appeals regarding these matters of No. 32,326 and No. 32,587, while the Appellant “serves” them anyway with all pleadings, and the New Mexico Court of Appeals sends the memorandums each time to Alain Jackson from this court “EVEN THOUGH ALAIN JACKSON IS NOT OF RECORD FOR ANY REPRESENTATION IN THIS COURT”. This court has an undeniable duty to “take judicial notice” of listening to the proceedings of March 19, 2013 to hear this perjury regarding this NM Court of Appeals and maybe it will sink in the underlying corruption of these intertwined matters that mandate the complete dismissal of DV-12-234 and DM-12-610 without any ability to grant any divorce for Barrie Derringer. Rozelle v. Barnard, 72 NM 182, 382 P.2d 180 (1963) Rule 11-201B NMRA. In the interim, the “law” guarantees the reversal of DV-12-234 by way of the “Brief in Chief” of David Derringer of No. 32,326, and the “law” also guarantees the reversal of DM-12-610 in No. 32,587 if this court will ever read and listen to the court record and comply with all of the laws presented in support by the Appellant.
This is a most egregious situation, as the Appellant David Derringer loves Appellee Barrie Derringer with all of his heart and soul, from after three days meeting her in 2009 until the present and ongoing unconditionally, and she has been doing erratic and irrational actions since she left the Appellant on December 27, 2011, and taking very bad advice from her bosses at Maestas and Ward, her parents Jerry and Warren Crowe and her past biker twice husband Charles Beverley and cocaine friends. At all times including right now, Barrie should talk to David Derringer about any issues or perceived problems to try to settle these matters, and Barrie has refused to talk to her own husband upon leaving initially with no explanation, and then gained a no contact order wherein her husband could not talk to or influence her erratic behavior to “save” her, and still cannot get Barrie turned around from her now criminal and irrational acts. David Derringer tries desperately to save his own wife from whatever illegal and detrimental actions she is involved in that is believed to also encompass illegal activity in her work place. (SEE: CV-12-1307) However, due to the attack by Barrie against David Derringer with unfounded domestic violence allegations, taking Constitutional 2nd Amendment rights, attempting to take 1st Amendments rights and more, David Derringer has been forced by Barrie Derringer to defend himself in courts of law over all of these egregious acts without cause, and the “torts” inflicted upon the Appellant by the Appellee. (SEE: CV-12-10816) This court has also a duty as does the husband to “correct” the unlawful behavior and not simply turn their backs and grant a divorce and defy all laws in doing so. Both as a matter of law of a binding marriage contract, marital vows, and under God’s Bible teachings, and under Barrie Barrie
A serious matter not to be taken slightly, the Court disregards DV-12-234 that has always been “related” in all court records, is entirely appurtenant and deprives without due process, equal protection and in violation of all laws; Constitutional, statutory, case law and all stare decisis, David Derringer’s rights to own, possess, use and perform a profession demanding same of firearms as rights under the 2nd Amendment. This court goes so far as to state that the 2nd Amendment rights were not always made an issue in either DV-12-234 or DM-12-610 and “taints” and “corrupts” the court records in Page 2 (9-14) that DV-12-234 is a “criminal proceeding” which it is not and never has been. DV-12-234 was “civil” allegations brought by Barrie Derringer with proven perjury and fraud that David Derringer had hurt her, and then in the testimony under Oath of DV-12-234 of February 21, 2012 states: “David would not hurt me physically” (record proper)
There were 53 (fifty three) issues against the trial court that included bias and prejudice, lack of due process and equal protection, control of the testimony, witnesses and exhibits, and extreme perjury, fraud and corruption of the trial court including perjury and fraud of Judge Hadfield, as well as proven violations of oath, disregard of all law including statutory laws of NM, Federal US code, Constitution, and extreme disregard of all former case laws regarding all issues. The Court is correct that “every aspect of the district court’s divorce case and underlying and totally intertwined DV-12-234 and divorce bifurcated order and order on reserved issues is legally wrong, persecution, deprivation of rights, Constitutional and statutory violations, and cannot be upheld without every former case law, statute, Constitution, and US Code disregarded, as well as a total lack of jurisdiction and judicial capacity for orders as well as such extreme contradiction of the final judgment that it is both incoherent and cannot be upheld, with additional facilitation of “unjust enrichment” and fraud sustained for Petitioner Barrie Derringer. David Derringer already has sustained by authorities, court record, CD recordings, that the Respondent/Appellant has been “abused”, persecuted, “enslaved” under violations of the 13th Amendment, denied rights, subjected to cruel and unusual punishment, larceny of community income, larceny of sole and separate inheritance, subjected to criminal assault and battery, and that Judge Hadfield denied an appeal of DV-12-234 without reasoning, and disregarded all law to continue deprivation of 2nd Amendment rights, as well as acted without jurisdiction at all times even when the NM Court of Appeals had jurisdiction of No. 32,113, and instantly again now after No. 32, 587 was already taken. The trial court deliberately granted a “bifurcated divorce” without reasoning or cause in violation of Rule, except as a direct response to the Petitioner’s unlawful act and unconstitutional request to stop the Respondent from any filings of court papers; in other words Judge Hadfield gave a “bifurcated divorce” to stop “due process and equal protection”. The Respondent/Appellant ordered to be filed with this court the “entire” record of both cases of DV-12-234 and DM-12-610 as well as indicated that this court also read to date CV-10816 and CV-12-1307, which “obviously” this court either refused to read and listen to the actual court hearings or is so blatantly corrupt as to condone all violations of law that have occurred here. Without doubt “under law” David Derringer is entitled to “millions of dollars” of restitution for deprivation of Constitutional rights and a blatant disregard for NM legislated statutes such as NMSA 45-2-804 and rampant criminal violations against David Derringer going without redress. Clearly, David Derringer presented as “exhibit” the David Derringer NM State Game and Fish Registration License of Professional Outfitter/hunter #32 that mandates the obvious need for “firearms” in that profession with also discussions until “muzzled” by Judge Hadfield of David Derringer’s rights to bear arms under the 2nd Amendment, and either this court refuses to listen to the record of August 23, 2012, and/or Judge Hadfield has destroyed the exhibit of David Derringer’s NM Registration #32 that is the basis of the “profession” denied to David Derringer with illegal and bogus deprivation of 2nd Amendment rights. Time after time, the Appellant has described in detail the preservation of his 2nd Amendment rights to this court, the denial of appeal by Judge Hadfield without reasoning of DV-12-234 and the illegal ruling of Judge Hadfield on August 23, 2012 to “keep the order of protection in place” despite deprivation of 2nd Amendment right, and it continually falls on the deaf ears of the justices of this court. This Court is “mandated” to consider the 2nd Amendment in these proceedings as it definitely was in the trial court underlying, and is a foundation of the “fundamental error” and lack of jurisdiction of the trial courts and is fundamental law in the United States protected and “Preserved” at all times by Constitution. This court “remains un-persuaded” simply because of a lackadaisical attitude not to fully examine the court record and a discharge of duties to both read and follow the extreme amounts of “law” provided in support by the Appellant time after time.
For all of the above reasons, the NM Court of Appeals is dutifully bound under law to reverse and dismiss entirely both DV-12-234 and DM-12-610 with no divorce granted for Barrie
Respectfully submitted by ____________________________________________
Respondent David Derringer, Box 7431 , Albuquerque , New Mexico 87194
CERTIFICATE OF SERVICE March 20, 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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