appeal to the US Supreme Court

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

NM Supreme Court Petition for Writ of Certiorari No. 34,875

NM Court of Appeals No. 32,326

NM Second Judicial District Court DV-12-234 inexplicitly intertwined rel. DM-12-610

BARRIE LEE DERRINGER,

Petitioner-Respondent,

vs.

DAVID BRIAN DERRINGER,

Respondent-Petitioner,

PETITIONER DAVID DERRINGER’S TIMELY NOTICE OF APPEAL TO THE UNITED STATES SUPREME COURT FOR PETITION FOR WRIT OF CERTIORARI TO THE NEW MEXICO SUPREME COURT; WHICH CONCERNS CRIMINAL ACTS BY ALL UNDERLYING NEW MEXICO JUDICIARY OF CONSTITUTIONAL VIOLATIONS, US CODE VIOLATIONS, NEW MEXICO STATUTORY VIOLATIONS, VIOLATIONS OF ALL CASE LAWS, VIOLATIONS OF THE “SUPREMACY CLAUSE”, SEDITION AND TREASON UNDER THE 14^TH AMENDMENT SECTION 3, PERJURY UNDER OATH, AND VIOLATIONS AGAINST A UNITED STATES CITIZEN UNDER US CODE TITLE 18 SECTIONS 241, 242 AND 1503, CRIMINAL DESTRUCTION OF COURT RECORD, TAINTING COURT RECORDS AND BLOCKING APPEALS; NECESSITATING A DOJ INVESTIGATION

COMES NOW the Petitioner, representing himself Pro-Se with his NOTICE OF APPEAL of the New Mexico Supreme Court to the United States Supreme Court. Boddie v. Connecticut  Supreme Court of the United States March 02, 1971 401 U.S. 371 91 S.Ct. 780  ...The Equal Protection Clause is no more appropriate a vehicle for the ‘shock the conscience’ test than is the Due Process Clause....

      Here is a situation that a lowly "commissioner" not even a judge, has added an unconstitutional  clause to a family civil order of protection that takes firearms and ammunition from citizens: “Order of Protection” 2: Consequences of entry of order of protection (B) “if you are the spouse or former spouse of the other party, an individual who cohabitates with or has cohabitated with the other party, or if you and the other party have had a child together, federal law prohibits you from possessing or transporting firearms or ammunition, you should immediately dispose of the firearm or ammunition.”  This is a corruption of the USC Title 18 Sections 922(g)(8)(B) that firearms can only be deprived with felony convictions. The clause is in a "CIVIL" order of protection, now upheld in persecution of a NM citizen that was never served a legal civil summons in this case DV-12-234 rel. DM-12-610.

      This is disregarding both the US Constitution 2nd Amendment and the NM Constitution that has a clause: New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. However, local jurisdictions may restrict or ban the discharge of firearms within their boundaries. In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

      In this case, David Derringer was never even served a legal summons, making the case jurisdictionally defective and in fundamental error. Because DV-12-234 rel. DM-12-610 was forced against the Respondent/Petitioner anyway, and citizen David Derringer fought for all of Constitutional and statutory rights and was denied recusal for cause, denied statutory (NMSA 38-3-3) rights to a change of venue for justice to be served, and intimidated and threatened with incarceration, with an illegal "criminal harassment" charge without any criminal trial or other due process to stop me from posting 1^st Amendment rights of Google blogs with "public records" of the court proceedings that were exposing judicial fraud and public corruption. Judge Alisa Hadfield then destroyed part of David Derringer’s court record to taint the court record and Ordered "in writing" court clerks not to allow David Derringer any use of the US Court system by Ordering the court clerks of the Second Judicial District Court not to accept any David Derringer court pleadings, notices of appeals and docketing statements in order to attempt to block the David Derringer appeals of the judicial fraud and judicial terrorism. Judge Hadfield stole in robbery David Derringer’s many copies of court pleadings, without jurisdiction to have possession  before filing and after refusing to file them, destroyed them in "criminal larceny" and obstruction of justice. The NM Court of Appeals attempted to block David Derringer’s legal forma pauperis being on public assistance in order to block the appeal,  and then read the David Derringer docketing statement before any jurisdiction before filing so as to ignore and disregard issues of judicial fraud, criminal acts, lack of jurisdiction without service of summons and then disregarded the Constitutional  issues of violations of 1st and 2nd Amendment rights.

      In the meantime,  David Derringer had filed Judicial Standards Commission complaints, filed a Petition for Writ of Mandamus to remove Judge Hadfield, filed a Petition for Writ of Superintending Control concerning "criminal bribery" of judges; all with the New Mexico Supreme Court and the NM Supreme Court  ignored all to cover up the public corruption.

David Derringer then appealed to the NM Supreme Court Petition for Writ of Certiorari No. 34,875 quoting mandating compliance with all rulings from the US Supreme Court, and the Petition for Writ of Certiorari was denied, the Motion for rehearing of the Petition was denied, and a supporting amicus curiae brief from the American Liberty Law was denied and not considered.

Because of all of the criminal acts by judges against David Derringer, blocking appeals, deliberate disregard for Constitution, US Code, NM statutory laws, case laws and specific case laws from the US Supreme Court, all NM judiciary is in criminal violation of "conspiracy against rights", "deprivation of rights under color of law", sedition and treason under the 14th Amendment section 3 and "obstruction of justice" and denial of citizen use of due process and equal protection in courts of law by  an Order blocking filings. The David Derringer request for the NM Supreme Court to Order a DOJ and FBI investigation was ignored. In re Aquinda, 241 F.3d 194 “Presumption exists that a judge will put personal beliefs aside and rule according to the laws as enacted, as required by his or her Oath. 28 USCA 455(a)”.; Adamson v. C.I.R. CA9 1984, 745 F.2d 541 “Federal Courts cannot countenance deliberate violations of basic Constitutional rights; to do so would violate judicial oath to uphold Constitution of United States.”

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).

Due to the extreme and violent disregard of the US Constitution Supremacy Clause by the NM judiciary, the State of New Mexico is not entitled to any supporting federal funding. New York v. U.S.  Supreme Court of the United States June 19, 1992 505 U.S. 144 Nuclear Reg. Rep. P 20,553  The Supremacy Clause makes federal law paramount over the contrary positions of state officials; the power of federal courts to enforce federal law thus presupposes some authority to order state officials to comply...The Government regulates state-operated railroads, state school systems, state prisons, state elections, and a host of other state functions....

Respectfully submitted by: ____________________________________

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

I hereby certify that I caused a true and correct original of the foregoing Notice of Appeal  to be sent on the 7^TH day of November, 2014 for filing to:

New Mexico Supreme Court

Box 848

Santa Fe, New Mexico 87504

&

Supreme Court of the United States

1 First Street, NE Washington, DC 20543

&

Susana Martinez

Office of the Governor
490 Old Santa Fe Trail
Room 400
Santa Fe, NM 87501

Petitioner’s attorney NOT OF RECORD WITH THIS NM SUPREME COURT

Alain Jackson, 423 6^th St. NW

Albuquerque, New Mexico 87102 

By:_____________________________________________________

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