Darren Neese, Appellant, v. R. LARIZZA, Appellee. Appellant was stopped for speeding on i-4 in Volusia county, Florida. He was ticketed for going 80 mph in a 65 mph zone. Arraignment was scheduled on 9 / 26 / 13 with judge Sanders.
Darren Neese, Appellant, v. R. LARIZZA, Appellee. Appellant was stopped for speeding on i-4 in Volusia county, Florida. He was ticketed for going 80 mph in a 65 mph zone. Arraignment was scheduled on 9 / 26 / 13 with judge Sanders.
Darren Neese, Appellant, v. R. LARIZZA, Appellee. Appellant was stopped for speeding on i-4 in Volusia county, Florida. He was ticketed for going 80 mph in a 65 mph zone. Arraignment was scheduled on 9 / 26 / 13 with judge Sanders.
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, 1
IN AND FOR VOLUSIA COUNTY, FLORIDA 2 Darren Neese, Appellant,
v.
R J LARIZZA, Appellee. ) ) ) ) ) ) ) ) CASE NO: 2014 10008 APCC LOWER CASE NO: 2013 114783 TRDL ___________________________/ 3 On Appeal from the County Court, 4 In And For Volusia County, Florida 5 ________________________________________________ 6 APPELLANTS INITIAL BRIEF 7 DARREN NEESE 8 ________________________________________________ 9 10 Darren Neese, Sui Juris 11 1702 N. Woodland Blvd. 12 Suite #116-127 13 Deland, Florida 32720-1838 14 (901) 552-7245 15 darren@neese.name 16 17
Page 2 of 6 TABLE OF CONTENTS 1 STATEMENT OF THE CASE .........................................2 2 STATEMENT OF THE FACTS ........................................2 3 CONCLUSION ....................................................5 4 CERTIFICATE OF SERVICE ........................................6 5 CERTIFICATE OF COMPLIANCE .....................................6 6 7 STATEMENT OF THE CASE 8 On August 1 st 2013, Florida Highway Sergeant John P. 9 Carvalho, engaged his emergency signals and detained the 10 Appellant on Interstate-4 east-bound shortly before the first 11 Deltona exit after the bridge coming from Sanford, Florida. 12 During this traffic stop, the Sergeant issued a speeding ticket 13 to the Appellant for allegedly going 80 mph in a 65 mph zone. 14 The violation was in regarding 316.187(2)(b). 15 STATEMENT OF THE FACTS 16 The Appellant notified the court that he would like his day 17 in court in writing without using any preprinted court forms 18 provided by the Clerk of Court in Volusia County, thereby not 19 waiving any rights. SEE EXHIBIT A. 20
Page 3 of 6 An arraignment was scheduled on 9/26/13 with Judge Sanders. 1 Before this arraignment, the appellant did file a document which 2 served as an answer to this civil suit brought against the 3 movant. SEE EXHIBIT B. The Appellant demanded his accuser appear 4 to appear in court and verify his claim such that he may face 5 and cross examine his accuser. Judge Sanders claimed that the 6 trooper would not be appearing and that the only thing that he 7 could do was schedule another arraignment. 8 On the 2 nd scheduled arraignment, 11/7/13, the Sergeant did 9 not show as Judge Sanders had expected. The Appellant moved the 10 court to drop the charges since there was no complainant or 11 injured party to make a claim for which relief could be granted. 12 This motion was denied. A pleading entitled MOTION TO DISMISS 13 was filed right before this hearing with twelve reasons why this 14 suit should be dismissed. SEE EXHIBIT C. Judge Sanders said he 15 needed time to look it all over since it had some constitutional 16 case law and claims included. He said the next hearing would be 17 spent going over it. 18 Before this next hearing that was set for 1/27/14, Appellant 19 filed a pleading entitled MOTION FOR SUMMARY JUDGMENT (EXHIBIT 20 D) in which the movant demanded summary judgment in favor of 21 the defendant. The defendant felt strongly his due process 22 rights were being grossly violated and even then, there was 23
Page 4 of 6 still no sign or show of a Prosecutor that had any standing to 1 bring a claim against the Defendant. This particular pleading 2 seemed to offend Judge Sanders and he recused himself. 3 The next hearing was on 2/10/14 with Judge Fields. Judge 4 Fields seemed to give many answers and excuses for the process 5 and procedure of traffic court and made even less sense than 6 Judge Sanders. Appellant brought up many fundamental flaws in 7 the States case against him, primarily, it was not clear who 8 was representing the State of Florida or who the prosecutor in 9 fact was in this case. When asked if the Sergeant was 10 representing the State and practicing law without a license, 11 she answered that he was simply a witness in the case. 12 When asked if she represented the State and was practicing 13 law from the bench, she exclaimed that she represented the 14 People of Florida. Confused, as the Appellant felt he was the 15 only one in the court room that held the office of the people, 16 he asked that the MOTION TO DISMISS (EXHIBIT C) was covered 17 in the hearing, and for some reason, the clerk of the court, 18 Judge Sanders, or Judge Fields seemed to have lost it because 19 it was never scanned nor in the case folder. Judge Fields claimed 20 that no such document was filed. To that statement, the 21 Appellant had certified copies with a date/time stamp at hand 22
Page 5 of 6 and provided the court with yet another copy to make up for 1 their misplacement of the case files. 2 Judge Fields claimed she could not go over this motion and 3 it would have to be addressed later on. The Sergeant did not 4 show for this hearing since Judge Fields admitted to having an 5 ex parte phone meeting with him and she told him he his 6 appearance was not required. This was in opposition to Judge 7 Sanders promise that he would be there. 8 In the next hearing, the Appellant was tired of this three- 9 ring circus referred to as traffic court. There were so many 10 due process and other flaws in the State of Floridas case, he 11 prepared a notice of appeal (EXHIBIT E) that explained his 12 frustration and what seemed like an apparent Kangaroo court 13 where due process and a patient ear was feigned, but no real 14 justice or a fair trial or hearing could actually occur. 15 CONCLUSION 16 For the foregoing reasons, Appellant requests the Court to 17 reverse the judgment of the lower court. The Appellant rests 18 his case on his more than sufficient pleadings entered into the 19 case. 20 21
Page 6 of 6 CERTIFICATE OF SERVICE 1 I certify a true and accurate copy of this appellate brief 2 has been provided to the Appellee emailed, USPS mailed, or 3 hand delivered by 6/3/14. 4 CERTIFICATE OF COMPLIANCE 5 I certify that this brief was typed in 12-point Courier New 6 font. 7 8 9 On 6/3/14, submitted by, 10 11 12 13