IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
NM Supreme Court No. ___________________
NM Ct. App. No. 32,587 Order of March 26, 2013
Second Judicial Dist. Ct. Case DM-12-610 rel.
DV-12-234
BARRIE LEE DERRINGER
Petitioner-Appellee, Respondent,
vs.
DAVID BRIAN DERRINGER,
Respondent-Appellant-Petitioner,
PETITION FOR WRIT OF CERTIORARI TO THE
NEW MEXICO COURT OF APPEALS
Submitted by:
David Derringer
Box 7431
Albuquerque, New Mexico 87194
May 6, 2013
(1) Questions presented for review
[1.]
Whether the trial court of Judge Hadfield can take jurisdiction and
judicial authority without dismissal of DV-12-234 rel. DM-12-610 when there was
no legal service of summons, and continue the cases with refusal to recuse for
cause with Constitutional deprivation, bias and prejudice and rulings against
all laws to deny Constitution, NM statutory laws, ignore former case laws, and
distort, manipulate and ignore court rules, ignore legal service to Derringer
of decisions, and for Judge Hadfield to block further appeals of David
Derringer to deprive rights to use the court system without jurisdiction or
judicial capacity, and have over 53 issues of unlawful acts condoned by the NM
Court of Appeals, disregarding every law in the United States?
[2.]
Whether state Court of Appeal Judges can act outside of any jurisdiction
or judicial capacity to not order Judge Hadfield to recuse for cause when facts
and court record sustain the bias and prejudice and Constitutional violations,
and wherein due process and equal protection is denied and David Derringer to
be forced time and again before this court in “cruel and unusual punishment”
under the violations of the 1st, 2nd, 4th, 5th
, 13th and 14th Amendments and with Judge Hadfield and
the New Mexico Court of Appeals condoning 53 outrageous violations of rights by
the state justice in violation of the US Constitution Article VI ASupremacy Clause@ and Oath and Canon?
[3.]
Whether the New Mexico Court of Appeals can disregard over 53 issues
brought before the court of the acts of a trial court without jurisdiction or
judicial capacity?
[4.] Whether
the NM State Courts can mis-use power to act as an adversary and opponent for a
particular litigant Petitioner, in order to abuse and deny law, rights,
privileges and Constitution to the Respondent having the affect of taking
inheritance money, community income, and steal personal property without
redress, when the courts are aware of the “facilitation” by the justices
themselves to gain advantage and “unjust enrichment” by a particular
Petitioner, and to allow 1st and 2nd Amendment rights to
be deprived without due process or cause, when in defiance of all laws of the higher courts including US
Supreme Court rulings and at least 5 other cases from the NM Court of Appeals
that are in total opposition to the rulings of Judge Hadfield?
[5.] Whether
the State of New Mexico can hold an Order of Protection against a citizen when
summons was never served in “fundamental error” and “jurisdictional defect” , to
steal 2nd Amendment rights, totally intertwined with DM-12-610, and
when this “public corruption” is exposed on the Internet by posting legal
public records of court pleadings, illegal order is given to quash and disallow
public record postings in violation of the 1st Amendment when the
exposing of such records shows the public corruption of the New Mexico Judicial
system?
[6.]
Whether NM State justices can mis-use power to create “cruel and unusual
punishment” with a violation of the 13th Amendment against a citizen
for exercising his rights under Constitution and federal US Code, and make
rulings that are against former case laws, statutes, constitution, and rulings
of the US Supreme Court?
[7.]
Whether marriage courts can refuse to order counseling, emotional and
mental evaluation and refuse to seek remedy for a Petitioner that is proven in
PTSD and bi-polar, and suicidal and irrational in filing a Petition for
Dissolution of Marriage, and instead grant a divorce without cause in violation
of the NM case laws mandating the support fo the marriage institution with Matter of Lord’s Estate, 602 P.2d
1030, 93 NM 543 “It is policy of state to foster and protect marriage
institution.”?
[8.] Whether
the NM Courts can ignore 53 issues on appeal that involve public corruption,
refusal to recuse, jurisdictional errors, fundamental error, Constitutional
deprivations and extreme medical mental and emotional disabilities of the
Petitioner in violation of the case law: Varney v. Taylor, 79 NM 652, 448 P.2d 164
(1968)?
[9.] Whether
the courts can ignore that this matter is in jurisdictional defect, fundamental
error and Constitutional deprivations without proper service of summons,
deprivation of due process, deprivation of equal protection and Constitutional
violations?
[10.] Whether
the court can refuse to obey former case laws and authorities that negate any
of the orders underlying in these courts?
[11.] Whether
the New Mexico Courts can overrule the US Supreme Court No. 10-1521?
(2) HISTORY AND FACTS with supporting
authorities:
Barrie Derringer left husband/spouse
David Derringer December 27, 2011 in an
irrational act while in deep despair and traumatic stress syndrome PTSD,
bi-polar and suicidal as testified under oath in DM-12-610 and possibly in a nervous breakdown on
December 27, 2011 after the Derringer’s had lost three pets to old age one week
before Christmas 2011, and then a Derringer house fire on December 23, 2011
killed another 5 of the Derringer dogs and left the Derringers without a home.
This extreme situation was aggravated by the fact that Barrie Derringer is the
least assertive person and controlled in a cult type mind manipulation by both
her parents and her bosses at NAI Maestas and Ward where she works as their accountant. Until
the fire disaster, the Derringers had a wonderful and extremely close and
loving marriage. At all times with the loving concern of a husband, David
Derringer attempted to gain counseling for Barrie and to put the marriage back
together in January, 2012 after the irrational acts of Barrie abandoning her
husband and animals, and as Barrie became more out of control in January and
February 2012, David Derringer sought the help of the courts to assist his wife
get back in emotional and mental balance. Post-traumatic stress disorder
admissible. — Post-traumatic stress disorder (PTSD) is both
valid and probative and, because it is not unduly prejudicial, it is admissible
for establishing whether an alleged victim exhibits symptoms of PTSD that are
consistent with emotional disasters. State v. Alberico, 116
N.M. 156, 861 P.2d 192 (1993). Instead of
“assistance” by the parents to help the emotional disorders of Barrie
Derringer, the control freaks of Barrie’s bosses, friends, and parents
convinced Barrie to leave her husband David Derringer on December 27, 2011
during the aftermath of the fire when David
needed his wife the most both
physically and emotionally, and devastated David Derringer with the losses of
the animals and fire with then the additional loss of his own wife. David
Derringer has been trying and hoping for some form of reconciliation since that
time and has been totally blocked with a no-contact order leaving Barrie
Derringer without David Derringer able to say anything to her, and her in the cult
control hands of both her parents and bosses at Maestas and Ward and in danger
in many respects without any of the protection afforded by Aher Cowboy husband David Derringer at any time.
Barrie Derringer was suicidal in the
past in 2010, and was acting totally out-of-control in the month of January,
2012 with David Derringer loving his wife with all of his heart and trying to
put their love and marriage back together, but with the opposing mind control
of others when Barrie was no longer living with David, the other parties were
prevailing to control Barrie, and David feared for Barrie=s life, and locked the Derringer storage in late
January to prevent a suicide by Barrie by use of David Derringer=s loaded firearms in storage, as had been contemplated
by Barrie one year before in 2010. Barrie Derringer had herself planned and
orchestrated meetings with David Derringer throughout the month of January 2012
that the records show that David loved Barrie with all of his heart wherein Barrie had no fear whatsoever of David
Derringer in any situation. The controlling bosses of Barrie from Maestas and
Ward used their own time and equipment on a Saturday February 4, 2012,
(before any filings of domestic violence or divorce) and broke and entered the
locked Derringer storage with Barrie. Caught by David Derringer, who called
911, the Barrie Derringer bosses then did criminal assault and battery and held
David Derringer down against his will to show Barrie Derringer that they were
in control of both Barrie and could also physically control her husband. The
APD officers on this police report shows that there was no problems between
Barrie Derringer and David Derringer, and that APD ordered Barrie Derringer and
her friends and bosses to Aleave@ the Derringer storage at 101 Florida SE Unit C on February 4, 2012. In
retaliation, retribution and with obvious Aadvice@ of Barrie Derringer=s bosses Debbie Harms and others,
Barrie Derringer Alies@ on a Petitioner for Order of
Protection under notary on February 6, 2012 and upon advice of her bosses and
parents in irrational acts filed a Petition for Dissolution of Marriage on
February 8, 2012. On Monday February 6, 2012 Barrie Derringer
lies that on February 4, 2012 at the location and time of the break-in, that
David Derringer had knocked Barrie down, hurt her hip, that she had bruises,
and that David Derringer had prevented Barrie Derringer from leaving the
premises, and that Barrie Derringer is very afraid of David Derringer that she
will be hurt. The APD police report shows that this Barrie Derringer petition
is both criminal perjury and fraud. In the related DV-12-234 hearing before
Commissioner Cosgrove/Aguilar on February 21, 2012, (that was well outside of
jurisdiction and judicial capacity as David Derringer was never legally served
with any summons or subpoena) Barrie lies again to the court that David
Derringer did, and would hurt her, and that she is very afraid of David
Derringer Aeven in this courtroom, and yet
minutes later, while still under the same Oath, when asked if David Derringer
would hurt her, Barrie states in impeachment of herself, emphatically David
Derringer would NOT hurt me physically. Barrie Derringer produced no
evidence whatsoever. It was the APD officers that Ordered Barrie and her
accomplices to leave the premises. The perjury and fraud of Barrie Derringer
was undeniable and the Respondent showed by records Phone text recordings of
Barrie totally in love with her husband before the fire and a totally different
person after the fire in an obvious state of PTSD.
The perjury and fraud of Barrie
Derringer in both DM-12-1610 and DV-12-234 has been investigated by the
Bernalillo County Sheriff Department and criminal charges have been filed
against Barrie Derringer with the District Attorney under CASE OA #
2013-00780-1. The New Mexico Supreme Court should take “judicial
notice” that these actions prove the irrational actions of the Petitioner that
this marriage should not end in divorce, but the duty of the court is to “help”
the Petitioner with Ordered counseling so she does not continue to ruin
both her life and the life of the
Respondent or end up in jail. Rozelle v. Barnard, 72 NM 182, 382
P.2d 180 (1963); Hartford Accident & Indemnity v. Beevers, 84
NM 159, 500 P.2d 444 (Ct. App. 1972).
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. Every aspect of the
district court’s divorce case DM-12-610 and underlying is totally intertwined
with jurisdictionally defective and fundamental errors of law of DV-12-234 and
divorce bifurcated order was illegally used to deny due process and equal
protection and did not meet any standards for issuance under extreme
circumstances. The bifurcated order of divorce is in jurisdictional defect and
fundamental error and must be denied on reserved issues as 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 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, and subjected to criminal assault and battery. 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”. For all of the above reasons, the NM Court of
Appeals is dutifully bound under law to reverse and dismiss entirely both
DM-12-610 and DV-12-234 with no divorce granted for Barrie Derringer,
and with monetary restitution for David Derringer. As then both a duty and with
some conscience and ethics this court should “help” Barrie Derringer with
ordered counseling, and assistance, as she is headed for jail or more with her
erratic behavior that her devoted husband cannot stop without the legal
assistance from the court of fair and impartial honor. Matter of Lord’s
Estate, 602 P.2d 1030, 93 NM 543 Barrie Derringer’s emotional stability
and life is of extreme importance to David Derringer as it should be to this
court. Without the instant intervention of this court, Barrie Derringer is
headed for her own destruction and with a no-contact order, David Derringer
cannot save her against his will to do so.
(3) CONSTITUTION; AND APPURTENANT DECISIONS
OF THE UNITED STATES SUPREME COURT AND THE NEW MEXICO SUPREME COURT
United State Supreme Court 723, 31 L.Ed.654; US Supreme Court No. 10-1521; Matter of Lord’s Estate, 602
P.2d 1030, 93 NM 543; United States v. Colorado Supreme Court,
No. 98-1081, 10th USCA; Maynard v. Hill, 125 US 190, 8
Hernandez v. Robles, 7 Misc.3d 459, 794 NYS.2d 579 NY Sup. 2005; Astor
v. Astor, 120 So. 2d 176 Fla. 1960; Mapp V. Ohio, 367
U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (June 19, 1961); Olmstead v.
United States, 277 U.S. 438, 485 (1928) ; United States v. Guest,
383 US 745 (1966); Griffin v. Breckenridge, 403 US 88
(1971) ; Parratt v. Taylor, 451 U.S. 527, 101 New Mexico
Supreme Court 1908, 68 P.Ed.2d 420 (1981); Advance Opinions, New Mexico
Supreme Court, Vol. 37, No. 44, October 29, 1998, ; New Mexico Supreme Court Opinion No.
1998-NMSC-031 No. 18,296 consolidated with: No. 19,118 (Sept 8th,
1998).; Advance Opinions, New Mexico Supreme Court, Vol. 37, No. 44,
October 29, 1998. ; Farmers Gin Company et al, v. J.A. Ward et al.,
New Mexico Supreme Court No. 7322, 1964.
(4) Argument to allow Writ of
Certiorari:
Pursuant to SCRA 12-502(A) 2002, the Plaintiff-Petitioner David Derringer,
representing himself Pro-Se, respectfully asks this Court to grant this
Petition for Writ of Certiorari in Barrie Lee Derringer v. David Brian
Derringer, New Mexico Court of Appeals No. 32,587 illegal
and unconstitutional Order of March 26, 2013. This matter deny ability of a
husband to help a wife in emotional and mental trauma and instead facilitated
perjury, fraud, and irrational and erratic decisions by a Petitioner that
defeat the marriage institution of the United States and sabotage and defeat
the Petitioner’s own life and have moved her into a life of criminal acts and
other acts that will entirely ruin her future. The acts by the underlying
courts were without jurisdiction or judicial capacity in fundamental error and
also violated many federal laws that are in violation of the “Supremacy Clause”
of Constitution Article VI.. State ex rel. Anaya v. Scarborough,
75 N.M. 702, 706, 410 p.2d 732 (1966).; State v. Southern Pacific Co.,
281 P.29, 34 NM 306 AN.M. 1929. Federalist No. 47 by
James Madison. ; Gonzales v. Raich, No. 03-1454 SEE United
States v. Colorado Supreme Court, No. 98-1081, 10th USCA; Stoneking
v. Bank of America, 132 NM 79, 43 P. 3d 1089;Home Mortgage Bank
v. Ryan, 986 F.2d 372, 375 (10th Cir. 1993).”Barrie
Derringer is obviously making irrational decisions since leaving
Respondent including all issues regarding
DM-12-610 under the influence of bi-polar, PTSD, codeine, anti-depressants,
anti-anxiety, sedatives, tranquilizers and possible cocaine, marijuana and
other street drugs, and is not a mentally stable or emotional stable person doing the acts for divorce.
(5)
Prayer for Relief:
Under extreme emotional distress and
erratic thoughts and actions under effects of drugs, both extreme prescription
and likely street illegal drugs, and under extreme cult control and coercion
Barrie Derringer has entered into a sequence of events that sabotages both the
marriage institution of the United States and the lives of the Petitioner and
the Respondent, and which also entails a discharge of duties of the courts to
protect the citizens, instead of simply granting a divorce, ignoring all
extenuating circumstances underlying involved. Clearly here, a divorce is the
worst thing this court can do to abandon and facilitate the extreme actions of
the Petitioner without enabling the help and devotion of her husband; effectively
leaving a mentally and emotionally incapacitated citizen that is influenced by
drugs without evaluation, without supervision and without rehabilitation for
PTSD and other disorders that are affecting the very core of the marriage
institution of the US and stopping a spouse from helping his wife in any way.
This court has the legal and moral duty to deny, dismiss the cases of DM-12-610
ad DV-12-234 that are inherently jurisdictionally defective and in fundamental
error and without service of summons and with Constitutional deprivations and
enact some sanity to protect the marriage institution. Barrie Derringer must be
denied a divorce under these egregious circumstances to respect and preserve
the very foundation of America Moreau v. Detchemendy, 18 Mo. 522,
1853 WL 4638 Mo. 1853.; Astor v. Astor, 120 So. 2d 176 Fla. 1960;
Niman v. Niman, 15 Misc. 2d 1095, 181 NYS.2d 260 NY Sup. 1958.
Koch v. Koch, 95 NJ Super, 546, 232 A.2d 157 NJ Super AD 1967. Maynard
v. Hill, 125 US 190, 8 S. Ct. 723, 31 L.Ed.654; United State
Supreme Court 723, 31 L.Ed.654 Hernandez v. Robles, 7
Misc.3d 459, 794 NYS.2d 579 NY Sup. 2005.Astor v. Astor, 120 So.
2d 176 Fla.. Matter of Lord’s Estate, 602 P.2d 1030, 93 NM 543.
Respectfully submitted
by______________________________
David Derringer, Box 7431, Albuquerque, New Mexico
87194
CERTIFICATE OF SERVICE
May 6, 2013
I hereby certify that I caused seven (7) true and
correct originals of the foregoing Petition for Writ of Certiorari to be sent
on May 6, 2013 with the motion for Aforma pauperis@ in lieu of filing fees, as granted in this matter by
the NM Court of Appeals under No. 32,587 for filing to:
New Mexico Supreme Court
Box 848
Santa Fe, New Mexico 87504
By:__________________________________________
David Derringer, Pro-Se, Box 7431, Albuquerque, New
Mexico 87194
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