public document 4 filed NM Court of Appeals No. 32,326

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

IN THE SECOND JUDICIAL DISTRICT COURT

BARRIE LEE DERRINGER

            Petitioner,                                                        

                                                                                    No. DM-12-610 rel. DV-12-234

v.

DAVID BRIAN DERRINGER

            Respondent,

RESPONDENT’S MOTION FOR RECONSIDERATION/RETRIAL/DISMISSAL OF THE ORDER REGARDING VERIFIED MOTION FOR ORDER TO SHOW CAUSE OF JUNE 17, 2013 UNDER NMRA RULE 1-059, AND RULE 1-060 UNDER (B)(1)”MISTAKE”(3)”FRAUD”(4)”THE JUDGMENT IS VOID”(6)”OTHER REASONS OF VIOLATIONS OF CONSTITUTION AND ALL LAWS” WITH ACTS BY JUDGE HADFIELD OF ORDERS WELL OUTSIDE OF JURISDICTION AND JUDICIAL CAPACITY IN VIOLATION OF DUE PROCESS AND EQUAL PROTECTION, WITH LEGAL REQUEST FOR THIS MOTION TO BE HEARD BY A DISINTERESTED JUDGE FROM A DIFFERENT DIVISION AND REQUEST FOR AN INVESTIGATION OF VIOLATIONS OF OATH, CANON UNDER 3(D)(1), AND CRIMINAL FACILITATION OF FRAUD AND INSURANCE FRAUD BY BARRIE DERRINGER, ALAIN JACKSON AND JUDGE HADFIELD

COMES NOW the Respondent David Derringer, with his motion as stated above, with a request for this motion to be heard in a different district with an impartial justice with also pending motions for a change of venue and recusal for cause of Judge Hadfield. This court must take judicial notice of the David Derringer Affidavit filed with this court.

1.                  The court does not have jurisdiction over the parties or the subject matter, as this court incorporates issues of DV-12-234 in DM-12-610 wherein DV-12-234 was never served summons on David Derringer making the entire matter of DV-12-234 both jurisdictionally defective and in fundamental error with no possible jurisdiction over David Derringer as a non-legal party and with no subject matter jurisdiction over any matters of property involved in DV-12-234 in which are under the legal possession or control of David Derringer as entitled under the US Code Title 42 Section 1982 “private property rights”. Additionally, this court does not have any subject matter or personal jurisdiction over any acts, property or ideas of Barrie Derringer or David Derringer legal husband and wife without any litigation prior to February 8, 2012, that date of filing of the Petition for Dissolution of Marriage by Barrie Derringer. Freeman on Judgements 709 at 1496-1497 (1925) “The law of the case doctrine is binding only on those persons who were parties to that particular action. It is merely an aspect of the doctrine of res judicata”.  Judge Hadfield and this court does not have any subject matter or personal jurisdiction over any parties of DM-12-610 after November 21, 2012, that date that the Notice of Appeal was filed to appeal the entire Final Judgment of DM-12-610 to the New Mexico Court of Appeals under No. 32,587, wherein jurisdiction was removed from the trial court to the NM Court of Appeals, wherein all issues, property, and parties were not in the jurisdiction of this court upon any hearings after November 21, 2012 including, but not limited to the hearing of April 2, 2013, June 4, 2013 and thus the Minute Order of June 17, 2013 is entirely void and unenforceable under the meaning of NMRA Rule 1-060(4). Higginbotham v. Higginbotham, 92 NM 412, 589 P.2d 196 (1979) “Once the time has lapsed within which an appeal may be taken from a divorce decree, a court cannot change the original division of the property as an exercise in its continuing jurisdiction.” Chavez v. Village of Cimmaron, 65 NM 141, 333 P,2d 882 (1958). “Timely allowance of appeal is jurisdictional to place a case on the docket of the Supreme Court for review.” State ex rel Bell v. Hansen Lumber Co., 86 NM 312, 523 P.2d 810 (1974) “During pendency of the appeal the court is without power to vacate, alter or amend the judgment under Rule, whether the amendment is made or considered after the appeal is taken except with the permission of the appellate court. For relief a motion must be filed with the appellate court and that the case be remanded to the trial court for consideration.”  The court and Judge Hadfield have no jurisdiction or judicial capacity to entertain discussion, listen to evidence, or make decisions or judgments of any actions, claims, interactions between husband and wife or any personal “opinions” regarding anything that happened on February 4, 2012 as this court did not have any jurisdiction over any matter until a legal filing of action on the Petition for Dissolution of Marriage only as of February 8, 2012. Accordingly, the Minute Order of June 17, 2013 is both void and fraudulent on its face, and totally unenforceable under Constitutional deprivations of due process and equal protection, and well outside of any jurisdiction or judicial capacity to enforce, and thus must be dismissed in its entirety. No. 1 of the Order Regarding Verified Motion and Order to Show Cause and Appear is in gross violation of law and must be dismissed under NMRA Rule 1-060(1)(3)(4)(6).

4. The court enters order without either jurisdiction  or judicial capacity as the matter is fraud, the underlying matters are on appeal, and the court had no jurisdiction to entertain the Motion for Order to Show Cause on appeal.
5. No. 5 of this Order totally contradicts and proves the fraud of the Minute Order of this same date, that the Petitioner did in fact gain possession of the vehicle on April 8, 2013 and is responsible as is this court Judge Hadfield for the criminal fraud to GEICO involving the vehicle.
6. The court claims without any standard of proof, that the vehicle was towed to Springerville, Automotive, as the bill and no present witnesses do not support these claims of facts and the Judge Hadfield simply inserts this as fact when it is only of conjecture. Barrie Derringer already testified that she did not go to Springerville, Arizona at any time and has not seen the truck since December, 2011 so there is no evidence legally admitted to this court as to where the vehicle was taken and certainly no evidence or witnesses thereof. Baker v. Horn, 201 Supp.2d 592 “Fact cannot become of record solely by virtue of its inclusion in trial court’s opinion.” In the Minute Order of June 17, 2013 Judge Hadfield covers up that the truck is possibly not yet found and then in this instant order misuses testimony of Barrie Derringer who never went to Springerville, Arizona with no standard of proof and no other witnesses to conjecture that the truck was moved to a specific location and repaired. This is not fact but a placement in court record for fraud and manipulation and corruption of the record, none substantiated by legal evidence.
7. Clearly with testimony of Barrie Derringer that she never went to Springerville, Arizona there is no proof as to the location of the truck in this repair shop, nor any time frame sustained of its repair. This is not fact but a placement in court record for fraud and manipulation and corruption of the record, none substantiated by legal evidence.
8. Petitioner and her attorney were unable to place any bill of record of evidence as they presented no witnesses, no supporting documents and Barrie Derringer testified under oath that she never went to Springerville, Arizona and had not seen the 2005 Chevy Silverado since December, 2011, thus not being able to testify to what had been done in repairs, what value had been placed upon such repairs and if indeed such repairs had even been done without the automotive shop simply making a bill and pocketing the money from GEICO which has already been shown to be insurance fraud with bogus claims of “vandalism” that did not happen at any time. The testimony of David Derringer and the affidavit filed with this court ensure that there could not be $8,54.01 worth of valid repair to the truck as it only needed an $8.00 diesel fuel filter to be again running, and all other damages to the vehicle were both cosmetic and prior damages as of January, 2012, hardly acceptable in the criminal fraud to GEICO.
9. The court again attempts to sustain facts that are not of record with no evidence whatsoever as to any claim made in this matter. However, as sustainable fact by the Affidavit of David Derringer of this court and the testimony of David Derringer in the court hearing of June 4,  2013 there “was” mechanical damages that needed to be repaired as to why the truck had to be abandoned temporarily by David Derringer several weeks before April 3, 2013, as to why it would be impossible for the truck to be running without such damages repaired, all matters of the 2005 Chevy Silverado to effect its running “were” mechanical. Namely, the diesel fuel filter was clogged or blocked, necessitating a purchase of a $8.00 filter and having it properly installed. This proves that the conjecture of this court without any evidence was meant for tainting the court record, and is also in total contradiction to the Minute Order of June 17, 2013 (this same day filed) and is placed in the record without any evidence, or party testimony to any verification, as Barrie Derringer never went to Springerville, Arizona. This is not fact but a placement in court record for fraud and manipulation and corruption of the record, none substantiated by legal evidence. The affidavit of David Derringer filed with this court place this statement of record of fraud.
10.  The court does additional fraud in that the amount paid by Barrie Derringer with bogus claims of “vandalism” was claimed to be a deductible amount never sustained in court by any testimony of GEICO or by any evidence of payment, check or document to verify its authenticity. Without any proof or standards of evidence, and therefore totally inadmissible, Judge Hadfield continues this fraud to attempt herself to sustain an amount and verify its accuracy. There was also no document filed or admitted as evidence to any $34.00 fees to FedX and this again is pure conjecture without any standard of proof. The court record has been verified that Judge Hadfield has done criminal acts against David Derringer, facilitation and is an accessory to insurance fraud with GEICO and will place anything in the record to support Barrie Derringer regardless of whether there is any law or standard of proof of evidence wherein there is none to sustain either the claim of payment of $1,100.00 or the claim to payment of $34.00. This fraud has been exposed in also the affidavit of David Derringer and in the pleading of response to the Minute Order of June 17, 2013.
11. Petitioner and her attorney Alain Jackson clearly had a plan to accuse David Derringer of wrongdoing to promote their bogus insurance fraud against GEICO, by claiming spurious matters, but presented no witnesses, no documents and yet Barrie Derringer testified under oath that she had not gone to Springerville, Arizona. Time after time the Respondent objected to the tirade and misinformation placed before the court by Alain Jackson, and time after time this court allowed Alain Jackson to continue his dialog defaming the Respondent, falsely accusing David Derringer of ill acts and despite numerous time of “objection” was allowed to go on and on over a fictitious scenario with no witnesses, documents of substantiation, and yet this court still places in court record her arbitrary and capricious ruling of legal error in No. 8 of a bill never proven, No. 10 payments of deductible and FedX charges never substantiated, all to falsify the court record and assess money against the Respondent in which the Respondent cannot be charged this by was of the attending fraud.

13. Clearly the Petitioner is not entitled to an amount of reimbursement of $1,134..00 from the sale of the proceeds of the 2005 Chevy Silverado pursuant to changes that are illegally done on April 3, 2013 of a Final Judgment of November 15, 2013 which is on appeal without any jurisdiction of this court, and such monetary claims not being sustained by any evidence, while disregarding the sole and separate inheritance monies of David Derringer in the vehicle and at the same time taking all authority and asset from the primary on the loan of David Derringer without the mandated need for Barrie Derringer to refinance the truck in only her name. the fraud in this matter is proven by Judge Hadfield herself as is in connection with the $8,542.01 criminal insurance fraud of GEICO.

This matter is extreme in fraud, perjury and Constitutional violations of due process, equal protection, necessity of standards of proof, violations of evidence and has been such since the beginning of DM-12-610 without any jurisdiction, making it mandatory to dismiss DM-12-610 with prejudice, without granting any divorce for Barrie Derringer and prosecute both Alain Jackson and Judge Hadfield for insurance fraud to GEICO and numerous other criminal acts. The judge of equity will see both orders filed of record on June 17, 2013 at the very same time of 11:15AM that are totally contradictory in proven “fraud” by Judge Hadfield.

THEREFORE, this pleading needs to be heard by a disinterested judge for justice to be served, and the pleading will be placed with other agencies and parties of record in case David Derringer or Barrie Derringer are hurt, killed or further terrorized by the participants.   

Respectfully submitted by: ______________________________________

David Derringer Pro-Se, Box  7431, Albuquerque, New Mexico 87194

CERTIFICATE OF SERVICE   June 25, 2013

I hereby certify that I hand delivered a copy of this pleading for filing to:

Second Judicial District Court

400 Lomas NW

Albuquerque, New Mexico 87102

I hereby certify that I mailed a copy of this pleading to Alain Jackson at:

423 6^th St. NW. Albuquerque, New Mexico 87102