Appeal Petition for Writ of Quo Warranto

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Not proper venue, Denied Jury Trial, other Court corruptions

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COMMONWEALTH OF VIRGINIA: COURT OF APPEALS FOR VIRGINIA IN THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA

COMMONWEALTH OF VIRGINIA, on behalf of Karen Grane, Esq., Jason McCandless, Esq., Ben Kendrick, Esq. and other Bar members of Arlington County; by employees of the Office of Attorney General for Virginia:

Mr. John D. Gilbody, Assistant Attorney General

Mr. Peter R. Messitt, Senior Assistant Attorney General

Mr. Wesley G. Russell, Jr., Deputy Attorney General

Mr. Kenneth T. Cuccinelli, II, Attorney General


Petitioners
v.








Case No. CL 12-3469

JAMES RENWICK MANSHIP, SR.
Chaplain, Amos 5:15 Project, God and Country Foundation;
on behalf of the Rights of all Citizens of Virginia


Respondent, In Forma Pauperis, Pro Se due to no Pro Bono APPEAL OF ORDER OF ALEXANDRIA CIRCUIT COURT WRIT OF QUO WARRANTO PETITION FOR WRIT OF ERROR CORAM VOBIS ON DENIED MOTION FOR PROPER VENUE, DENIED MOTION FOR JURY TRIAL, DENIED MOTION FOR “BRADY v. MARYLAND” DISCOVERY OF EXCULPATORY EVIDENCE OMITTED BY ATTORNEY GENERAL TO: The Honorable Servants, Judges of the Court of Appeals of Virginia Citizen of Virginia James Renwick Manship, Sr., on behalf of the Rights of all Citizens of Virginia, hereby files the above captioned APPEAL and PETITION FOR WRIT OF ERROR CORAM VOBIS for wrongfully denied MOTIONS stated, as well as a Motion for Continuance. Chaplain Manship prays for the Court to VACATE the lower court of Alexandria ORDER, remand the case with instructions to properly conduct a Trial by Jury with schedule for sufficient time for the “Respondent”, or his counsel if able to afford one or find a zealous and honest Pro Bono Bar member, to obtain by Court enforced Discovery facts of exculpatory evidence omitted by the Attorney General in his deceptive pleading in Alexandria where Manship is NOT a resident.

1. The judge in the Alexandria Court rejected the Motion for Change to Proper Venue, a Motion Chaplain Manship successfully used in August a.d. 2000 in Alexandria Circuit Court to have a case transferred to his jurisdiction of voting residence, that is Fairfax County, was in error in this case by his denial. The venue of Alexandria was likely based in part on false information from assistant Arlington County Attorney Jason McCandless, who has since May a.d. 2007 been involved in a series of Malicious Prosecution actions against Chaplain Manship, all to date unsuccessful, the OAG has filed this court action. Chaplain Manship has also been several times falsely arrested by Alexandria Police, wrongly jailed for 18 days, yet has WON EVERY TIME, but at huge costs in time and injury - physical, psychological, and financial. At the first arrest in March a.d. 2001, the nerves in his left hand were damaged, and remain so today, and the Policeman Amy Santiago attempted to kill Manship by having associates drop him unconscious to the concrete in the Sally Port. Manship has sued Alexandria in Federal Court with a Bar member in a.d. 2002, who had a stroke so failed to “prosecute” the case, so Manship refiled the case against in a.d. 2003. More recently in a.d. 2008 or so, Chaplain Manship sued Alexandria Court Services Director, who “remembered Manship” from years before, but not that Manship was judged Not Guilty, for her prejudice in denying Manship to be an Adult iMovie Mentor at George Washington Middle School, despite being an FBI Background Check cleared Civil Air Patrol youth Cadet mentor, who had just months before “iMovie Mentor” experience. The point made is that there is a sordid history of injury and injustice to Chaplain Manship in the Courts of Alexandria, and so since Manship is NOT a resident of that jurisdiction, it is wrong to proceed with a trial or hearing in such a jurisdiction with such prior injustices to Chaplain Manship. There was no emergency that might warrant proceeding without change of venue.

2. Chaplain Manship also moved for a Trial by Jury because there were many disputed issues of fact, and in our justice system, the Jury is the proper entity to resolve any disputed issues of fact. Shockingly, the judge denied this Motion also, but said aloud, “You can have that as a basis for appeal.” or words to that effect, showing that BEFORE the case was heard during the Motions phase, the judge had PRE-JUDGED the outcome, in other words, had prejudice. 3. The baseless Office of Attorney General’s Petition for Writ of Quo Warranto transmitted by UPS Ground Delivery on July 6, 2012, and received by Chaplain Manship many weeks later, and neither the Petition nor the Summons to appear in Court were ever served by Alexandria Sheriff’s office to Chaplain Manship, despite Chaplain Manship calling the Deputy who attempted service on the DMV Legal Presence address (NOT the same as legal or voting residence address) offered a way the deputy could serve the papers upon Chaplain Manship, but the deputy declined to do so. Later Chaplain Manship learned the court papers were returned by the Sheriff’s Office to the Clerk’s Office, and the Clerk’s Office said they returned the legal papers to the Office of Attorney General. “Respondent” Manship never received those papers. 4. Chaplain Manship wrote a “Pre-Demurrer” letter to the Attorney General on 31 August a.d. 2012, that Assistant AG Gilbody replied to over a week later, on 10 September, stating the date of his scheduled hearing, but NOT THE TIME, during a period of days when Chaplain Manship was in Atlanta teaching the Constitution to the largest private school in the Continental United States. Upon return and receipt of mail on 19 September, Manship found the AG letter, and filed in person in the Court Clerk’s office his Demurrer on 21 September. On 25 September, the Court Clerk assistant left a voice mail saying the Demurrer was not timely filed and that Chaplain Manship should appear in court at 2 pm on 26 September.

5.

Upon receipt of the Alexandria Court Clerk assistants voice mail that the “trial”

would proceed anyway, Chaplain Manship went to the Virginia Legislative Information Services website to begin research on the applicable laws regarding Venue and Trial by Jury. In court the next day, the judge would not allow Chaplain Manship to read the applicable Virginia Code. 6. To “Assume” one knows the law is unwise by any Bar member, whether

employed as a citizen paid attorney or as a citizen paid judge. 7. The dearth of due diligence by the OAG Bar members as Petitioner failed to

discover that Chaplain Manship filed a successful Motion for Change of Venue in August in the Year of Our Lord Jesus 2000, in Alexandria Circuit Court with Judge Swerzky presiding, based on Virginia Code section § 8.01-261. Category A or preferred venue., section 19. 8. The dearth of due diligence by the OAG Bar member Petitioner failed to discover

in the Code of Virginia that in the Year of Our Lord Jesus 2012, cause for change to proper venue based on Virginia Code section § 8.01-261. Category A or preferred venue., section 14:
14. In proceedings by writ of quo warranto: a. The city or county wherein any of the defendants reside;

9. Virginia Code section § 8.01-261. Category A or preferred venue begins by saying:
In the actions listed in this section, the forums enumerated shall be deemed preferred places of venue and may be referred to as "Category A" in this title. Venue laid in any other forum shall be subject to objection…

Chaplain Manship at least three times objected to Alexandria courts as venue for any hearing of this ill-considered, malicious Bar-bred, OAG-filed, “Petition for Writ of Quo Warranto”, for Chaplain Manship is not now, nor has ever been, a resident of the jurisdiction of the City of Alexandria, of the Commonwealth of Virginia.

10.

As a Disabled Veteran who was injured by the Navy on Active Duty in a.d. 1988,

Chaplain Manship has studied Post Traumatic Stress Disability on the V.A. websites and at VA hospitals, with the related issue of Avoidance caused by the injuries sustained. 11. In March a.d. 2001, Chaplain Manship suffered a near death police abuse incident by

Alexandria Policeman Amy Santiago, based on False Allegations of a mother who was abusing a child, who medical reports showed had suffered 16 breathing attacks in 15 months under that mother’s custody and “care”, so it was reported by Fairfax CASA volunteer Manship. Manship was Falsely Arrested four days later by the friend of the mother, Policeman Santiago. As a self-preservation consequence to that Police Abuse incident where Alexandria Police authorities refused to discipline Mrs. Santiago, Chaplain Manship has kept his voting address at a post office box to minimize the risk of further false police arrests.

12.

In December a.d. 2011, Chaplain Manship was just a few feet away as an eye witness

to an unprovoked, bloody assault of a 12 year old girl Ashlie Mae O’Brien by Arlington County Deputy Sheriff Neptuno Mendez-Ventura. Chaplain Manship wrote an account of his eye witness observation, and provided it by email to Bar member Jason McCandless.

13.

Much like Coach Paterno to the child abuse of Coach Sandusky, Jason

McCandless spun my eye-witness testimony to blame the assault on Ashlie’s 20 year old sister Samantha, who in family member self-defense, acted promptly to pull Deputy Mendez-Ventura away from the Deputy’s bloody assault of her little sister Ashlie.

14.

In 2012, the Virginia General Assembly passed a “Coach Sandusky” mandatory

child abuse reporting law, that a fair minded member of a Grand Jury might question if taxpayer paid Bar member McCandless has violated the law’s reporting requirements.

15.

Deputy Mendez-Ventura punched at Samantha after she pulled him away, but bravo

for her, she deflected his punch. Samantha then pulled back to return the favor, when I, Chaplain Manship, rushed forward to put a “bear hug” on Samantha, and pulled her away from the conflict so she would not be charged with hitting a law enforcement officer.

16.

Moments later, Samantha was ripped from my arms, thrown to the floor by an

Arlington Deputy, and dragged by a Deputy through the fourth floor lobby outside of the Arlington JDR Judges’ Chambers, injuring her hip, that has been weak since birth. Ultimately her fear of losing her job, and thus medical coverage, coerced her to take a plea.

17.

The Court Appointed Counsel for Samantha in court objected to my serving Pro Bono

as Court Reporter for Samantha, and failed to provide a Court Reporter of his own selection. His service as defense counsel would fail Strickland v. Washington tests for competence.

18.

Jason McCandless filed a Subpoena for me to testify in his malicious case against the

grandmother of Ashlie Mae O’Brien, and I filed a Motion to Quash on a Clergy-Client privilege basis that was denied, for which I filed an Interlocutory Appeal to the Virginia supreme Court on 21 June a.d. 2012, with an accompanying Motion for Discovery of Witness Tampering by various Arlington County employees assisting Bar Member McCandless, where their improper use of text messaging with smartphones was allowed to occur in the

courtroom of retired judge Ben Kendrick, even after being informed of the text witness tampering. Judge Kendrick’s response was to threaten me with Contempt of Court for bringing the issue to light, where it was on record by the Court Reporter present.

19.

The day before, 20 June in the Year of Our Lord Jesus 2012, I submitted a written

request for the Courthouse Security Camera videos that would show the bloody assault of 12 year old Ashlie by the Arlington Deputy, as well as a verbal request, witnessed by about a dozen other Citizens in the reception area of the Office of the Arlington Sheriff. Computer file date stamps show that later that very same day, the FOIA requested security camera videos were transferred to the flash drive that was eventually mailed to me, received on 3 July a.d. 2012, the day I was a key speaker with Governor McDonnell and Randy Forbes.

20.

Within a day or so, with an MIT engineer, the files were opened and analyzed, to

discover they were selectively cut in several places, effectively EVIDENCE TAMPERING by someone under the authority of Arlington County Sheriff’s office. This Petition for Writ of Quo Warranto is essence, an OAG attempt at Witness Tampering of eye-witness Manship.

21.

This Petition for Writ of Quo Warranto was filed within days of 19 and 20, above,

apparently to attempt to intimidate and silence “journalist for justice” and “minister for justice”, activities that are legal under the authority, or warrant, of laws passed by the elected servants of the “Sovereign”, that is We the People, in our General Assembly of Virginia, in both 2010 and 2012, and by another passed by The General Assembly, on January 16, 1786,
quoted in part from 57.1, especially applicable to a minister for justice, and Jesus Disciple:

that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, that therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he, being of course judge of that tendency, will make his opinions the rules of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government, for its officers to interfere, when principles break out into overt acts against peace and good order; (Note: Chaplain Manship’s actions advance peace and good order.) "Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested or burthened, in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities. (Note: This Petition for Writ of Quo Warranto attempts to do.) therefore, to declare this act to be irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind; and that if any act shall be hereafter passed to repeal the present, or to narrow its operation, such act will be an infringement of natural right." (Note: As a legal “next friend” for a juvenile Child of God, or as an “assistance of counsel” for an adult Child of God, Bar licensing is an infringement on the natural right of any Christian minister in the duty to God and Country to render aid and assistance to the least of God’s Children, even those of God’s Children who are not selected as beneficiaries of Pro Bono Publico services of Virginia State Bar members.) (Code 1919, § 34; 1985, c. 73.)

As George Washington, though never a lawyer licensed by the Bar, yet whose boyhood notebooks of near age 14 in the Library of Congress show he practiced law, writing many legal documents, and served as a Magistrate in Fairfax County before assuming other positions as an humble and obedient servant elected by the people. Later at age twenty, Washington wrote in his prayers, “daily forge me more and more into the likeness of Thy Son Jesus Christ”, and where Jesus is described as an advocate, mediator, and counselor, all terms used to describe honest and

diligent lawyers, and where Chaplain Manship is a Jesus Disciple, or J.D., it is an article of his Christian faith to use his God given gifts as a writer and speaker to serve “the least of God’s children”, those who can not afford to “buy justice” from the Virginia Courts by the purchase of inflated fees of Virginia State Bar licensed lawyers, where the United States supreme Court has written there is benefit for competition in the legal sector to reduce fees and improve services. 22. As a Constitutional Scholar recognized by The New York Times in November 2010,

Chaplain Manship in the Year of Our Lord Jesus 1993 first compiled what The New York Times described as the “Concordance to the Preamble” of this Constitution for the United States of America. Nowhere in this Constitution did the Founding Fathers specify Bar members or Legal Counsel were required to fill the “assistance of counsel” function described in this Constitution. 23. As a Christian Historian appointed in 1998 by Governor Gilmore to the Board of Visitors

of Mount Vernon, and author of three books and several plays on American History, Chaplain Manship, discovered the book written in 1906 by a member of the Boston Bar titled “History of the America Bar”. The first chapter is titled “Law Without Lawyers”. Yet for the past 80 or more years, the Bar connected to the state supreme court is such a fixture in modern thought, that few jurists, or lawyers, or even legal scholars realize that the current way was not always so. 24. The Bar existed in England at the time and for centuries prior to the creation of this

Constitution, but Washington and Madison, neither who were lawyers, but were wise men who were the principal architects of the supreme law of the land, wisely elected NOT to include a requirement for Bar members to present cases for others in our American courts of justice.

24.

The Bar as we know it today, an agency of the state’s supreme court, largely

unaccountable to Citizen oversight and control, is a mutant outgrowth of the FDR court-packing

plan of the 1930s, contrary, even hostile, to the Founders’ Vision of a government as stated in the General Prologue of the 1388 translation of the Bible into English by Rev. John Wycliffe, “The Bible is for the government of the people, by the people, and for the people” and plagiarized by Honest Abe, lawyer Lincoln in his speech of 19 November in the Year of Our Lord Jesus 1863; not a government “of the lawyers, by the lawyers, and for the lawyers” as seen too often today. 25. The Founding Fathers’s vision of Equal Justice for All precludes an exclusive

“priesthood” of Bar licensed lawyers to mete out justice, in a justice system that now, sadly, is “the best justice system MONEY CAN BUY”, where a Citizen like O.J. Simpson can buy as much justice in our “Temples of Justice” as he has dollars in the bank account to purchase by purchase of well-connected Bar member lawyers, much like the Money Changers at the Temple that Jesus overturned their tables in His disgust for making God’s Temple a Den of Thieves.

26.

The Exhibits provided by the OAG prove that in no case has Chaplain Manship claimed

or implied he has a license from the Bar to practice law in Virginia.

27.

With no claim, or misrepresentation by Chaplain Manship, that he is licensed by an

agency of the Virginia supreme Court, namely the Virginia State Bar, there is no basis for the OAG Petition that assumes a falsehood, hostile to the First Amendment Rights of this Constitution for the United States of America due to Chaplain Manship and all Virginians.

28.

In addition, the OAG Petition seriously omits significant past court cases and quasi-

judicial actions of the Virginia State Bar with results not unfavorable to Chaplain Manship.

29.

Further, the OAG Petition falsely applies the Virginia supreme Court Rules. They define

four areas of action that combine to comprise the Practice of Law. The VsC rules mention other aspects of VsC rules that validate Chaplain Manship in his conduct of the Jesus-like ministry as an advocate and counselor. The OAG pleading is deficient in this and many other ways.

30.

More egregious, by the Petition the OAG acts as though an ostrich with its head in the

sand about pertinent legislation by the Virginia General Assembly, the same representatives of the Sovereign who are We the People, from which the “warrant” of the OAG and Virginia State Bar lawyers derive. The OAG Petition is factually deficient or intentionally misleading, or both.

31.

Per OAG Petition paragraph 16, the OAG Petition is factually false because it again

assumes wrongly. The Respondent has a legal presence address for DMV in the jurisdiction of Alexandria, but is not a resident of Alexandria, as judged by the voting residence that has since 1989 per employee “Mary” of another jurisdiction of Virginia been elsewhere, that the OAG with its considerable resources, could have pre-determined, if wishing to be a non-malicious litigant.

32.

Most egregious, the Bar member employees of the OAG in whose name the Petition was

filed, and who take an Oath to protect and defend this Constitution for the United States of America against all enemies foreign and domestic, or some similar Oath, instead run rough-shod over the Rights of Citizens of Virginia guaranteed by the First Amendment ratified to this Constitution for the United States of America, the free exercise of religion (like Jesus as an
advocate and counselor), the freedom of speech (both for oneself and for others, in all forums, to

include forums prescribed by this Constitution as “assistance of counsel”), freedom of the press (to print, or have printed articles that expose the corruption of the Arlington Courts and members of the Arlington Bar); the right to peaceably to assemble (that includes to assist fellow citizens when officers of government such as Bar members have acted as tyrants hostile to the Rights of Liberty and Life of the sovereign Citizens); and to petition the Government for redress of

grievances (with the logical implication that the officers in government will respond in a proper
and reasonable way, such that in this case, “licensed officers” of the government of Arlington have done NOTHING to act in a proper manner about the unprovoked, BLOODY ASSAULT of a 12 year old girl, Ashlie Mae O’Brien, by a Deputy Sheriff Neptuno Mendez-Ventura in the Arlington Court House, witnessed and reported by Chaplain Manship to numerous taxpayer paid Bar member employees of the Commonwealth of Virginia, who have been derelict in their duty in protecting a defenseless child, or for protecting the Rights of All Virginia Citizens in Arlington Courts, that are a cesspool of corruption, and abusers of defenseless Children of God, that also aid and abet Fraud by a court designated Guardian Ad Litem Arlington Bar member Karen Grane which the Respondent has evidence of the Padded, or Inflated, or Exaggerated Expense Vouchers she submitted, and were covered up by another Arlington Bar member, G. Varoutsos.)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
33. In relation to item 29, on page 347 of my a.d. 2002 edition of the Michie annotated Code of Virginia that I obtained in a.d. 2005 when the Law Library at the Marshall-Wythe School of Law at the College of William and Mary put it out for “student of the law” or the public to take

because it was “old”, I read from in my closing “argument” such as I was able to present when I did not expect to proceed in that venue on 26 September a.d. 2012, I read: PRACTICE OF LAW IN THE COMMONWEALTH OF VIRGINIA (A) No non-lawyer shall engage in the practice of law in the Commonwealth of Virginia or in any manner hold himself out as authorized or qualified to practice law in the Commonwealth of Virginia except as may be authorized by rule or statute. I argued that key word is “except”, with the words following “as may be authorized by rule or statute.” Both the judge and the Attorney General employee, both members of the Virginia State Bar, ADMITTED IN OPEN COURT neither had ever seen before a Petition for Writ of Quo Warranto. I offered that likely when both attended law school, and when they passed the Bar exam, it was before the Year of Our Lord Jesus 2010, when the General Assembly of Virginia passed Virginia Code section 26-72 through 26-116 (as I recall off the top of my head), and passed again in the Year of Our Lord Jesus 2012, that is PRECISELY the exception of an authorization by statute. Further the following paragraph in the Virginia supreme Court rules that define the PRACTICE OF LAW IN THE COMMONWEALTH OF VIRGINIA do NOT meet the facts of the actions that I have taken in my Ministry of Justice as a Chaplain, facts that must be decided by a JURY, not by members of the Virginia State Bar that has a financial conflict of interest in finding on facts contrary to the position advanced by the Attorney General. 34. WHEREFORE, for the above reasons and many more, this APPEAL OF ORDER OF ALEXANDRIA CIRCUIT COURT WRIT OF QUO WARRANTO PETITION FOR WRIT OF ERROR CORAM VOBIS ON DENIED MOTION FOR PROPER VENUE, DENIED MOTION FOR JURY TRIAL, DENIED MOTION FOR “BRADY v. MARYLAND” DISCOVERY OF EXCULPATORY EVIDENCE OMITTED BY ATTORNEY GENERAL

is submitted for action by the Court of Appeals of Virginia to hear Oral Arguments, or Summary Order to VACATE the ORDER of Alexandria Circuit Court, and remand the case with instructions for a sufficient schedule of discovery of facts concealed by the Attorney General and others in association with the OAG, and then a proper Due Process Trial by Jury, so a full and fair review of the facts may be heard, and decision rendered by designated Citizens of Virginia.

James Renwick Manship, Sr., Chaplain

I, James Renwick Manship, Sr., Chaplain of the Amos 5:15 Project “Hate evil and love the good. Remodel your courts into True halls of Justice.” of the God and Country Foundation, declare upon information and belief that the statements contained in the foregoing are true.

James Renwick Manship, Sr., Chaplain

CERTIFICATE OF SERVICE I certify that on this 5th day of October in the Year of Our Lord Jesus 2012, I mailed by first class mail, postage prepaid, a true copy, of the foregoing to: Mr. John D. Gilbody Assistant Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219 James Renwick Manship, Sr., Chaplain, J.D.* J.D.* = Jesus Disciple

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