EXHIBIT E

LAW OF THE CASE

The law of the case is decreed as follows:

1. The State of Texas is a corporation operated by the the Texas state. “The government, by
becoming a corporator, lays down its sovereignty so far as respects the transactions of the corporation,
and exercises no power or privilege which is not derived from the charter. “ Bank of United States v.
Planters' Bank of Georgia, 22 U.S. 9 Wheat. 904 904 (1824) The inferior court is a subdivision of said
corporation.

1. The United States of America was established as a union of republican states in which the
powers of sovereignty are vested in the people and are exercised by the people, either directly, or
through representatives chosen by the people, to whom those powers are specially delegated. In re
Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22
L.Ed. 627. Black's Law Dictionary, Fifth Edition, p. 626

2. Texas state was established as a republic.

3. The law provides that once State and Federal Jurisdiction has been challenged, it must be
proven. Main v. Thiboutot, 100 S. Ct. 2502 (1980).

4. Jurisdiction can be challenged at any time and once challenged, cannot be assumed and must be
decided. Basso v. Utah Power & Light Co., 495 F 2d 906, 910.

5. "...there is, as well, no discretion to ignore that lack of jurisdiction." Joyce v. US, 474 F2d 215.

6. “A court lacking jurisdiction cannot render judgment but must dismiss the cause at any stage of
the proceedings in which it becomes apparent that jurisdiction is lacking.” Bradbury v. Dennis, 310
F.2d 73 (10th Cir. 1962)

7. The burden shifts to the court to prove jurisdiction. Rosemond v. Lambert, 469 F2d 416.

8. ...if the issue is presented in any way the burden of proving jurisdiction rests upon him who
invokes it. Latana v. Hopper, 102 F. 2d 188;

Law of the Case Page 1 of 6

Exhibit E
 EXHIBIT E
LAW OF THE CASE
9. “When it clearly appears that the court lacks jurisdiction, the court has no authority to reach the
merits. In such a situation the action should be dismissed for want of jurisdiction.” Melo v. United
States, 505 F. 2d 1026

10. Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted. Latana
v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150.

11. "No officer can acquire jurisdiction by deciding he has it. The officer, whether judicial or
ministerial, decides at his own peril." Middleton v. Low (1866), 30 C. 596, citing Prosser v. Secor
(1849), 5 Barb.(N.Y) 607, 608.

12. “Where a court has jurisdiction, it has a right to decide any question which occurs in the cause,
and whether its decision be correct or otherwise, its judgments, until reversed, are regarded as binding
in every other court. But if it acts without authority, its judgments and orders are regarded as nullities.
They are not voidable, but simply void, and form no bar to a remedy sought in opposition to them, even
prior to a reversal. They constitute no justification, and all persons concerned in executing such
judgments or sentences are considered in law as trespassers.” Elliott v Peirsol, 1 Pet. 328, 340, 26 U.S.
328, 340, 7L.Ed. 164 (1828)

13. "Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to
act, its proceedings are absolutely void in the fullest sense of the term." Dillon v. Dillon, 187 P 27.

14. "A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case
before a tribunal is its power to act, and a court must have the authority to decide that question in the
first instance." Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed.
1666, 67 S.Ct. 1409.

15. ...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of
the country, but they are sovereigns without subjects...with none to govern but themselves.....
[CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472.]

16. The very meaning of 'sovereignty' is that the decree of the sovereign makes law. [American
Banana Co. v. United Fruit Co., 29 S.Ct. 511 , 513, 213 U.S. 347, 53 L. Ed. 826, 19 Ann. Cas. 1047.]

Law of the Case Page 2 of 6

Exhibit E
 EXHIBIT E
LAW OF THE CASE
17. The people of this State, as the successors of its former sovereign, are entitled to all the rights
which formerly belonged to the King by his prerogative. [Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829),
21 Am.Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls
Sec. 167; 48 C Wharves Sec. 3, 7.]

18. A consequence of this prerogative is the legal ubiquity of the king. His majesty in the eye of
the law is always present in all his courts, though he cannot personally distribute justice. (Fortesc.c.8.
2Inst.186) His judges are the mirror by which the king's image is reflected. 1 Blackstone's
Commentaries, 270, Chapter 7, Section 379.
19. Where rights secured by the Constitution are involved, there can be no rule making or
legislation which could abrogate them . [Miranda v. Arizona , 384 US 436, 491]
20. The assertion of federal rights, when plainly and reasonably made, is not to be defeated under
the name of local practice. [Davis v. Wechsler, 263 US 22, 24.]
21. Republican government. One in which the powers of sovereignty are vested in the people and
are exercised by the people, either directly, or through representatives chosen by the people, to whom
those powers are specially delegated. [In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor
v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627." Black's Law Dictionary, Fifth Edition, p. 626.]
22. This Constitution, and the Laws of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall
be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding. [Constitution for the United States
of America, Article VI, Clause 2.
23. Conspiracy against rights: If two or more persons conspire to injure, oppress, threaten, or
intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free
exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United
States, or because of his having so exercised the same; or If two or more persons go in disguise on the
highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment
of any right or privilege so secured - They shall be fined under this title or imprisoned not more than
ten years, or both; and if death results from the acts committed in violation of this section or if such
acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit
Law of the Case Page 3 of 6
Exhibit E
 EXHIBIT E
LAW OF THE CASE
aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any
term of years or for life, or both, or may be sentenced to death. [18, USC 241]
24. Deprivation of rights under color of law: Whoever, under color of any law, statute, ordinance,
regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession,
or District to the deprivation of any rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of
such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of
citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily
injury results from the acts committed in violation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this
title or imprisoned not more than ten years, or both; and if death results from the acts committed in
violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual
abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this
title, or imprisoned for any term of years or for life, or both, or may be sentenced to death. [18, USC
242]
25. COURT. The person and suit of the sovereign; the place where the sovereign sojourns with
his regal retinue, wherever that may be. [Black's Law Dictionary, 5th Edition, page 318.]

26. COURT. An agency of the sovereign created by it directly or indirectly under its authority,
consisting of one or more officers, established and maintained for the purpose of hearing and
determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying
the sanctions of the law, authorized to exercise its powers in the course of law at times and places
previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070;
Black's Law Dictionary, 4th Edition, page 425]

27. COURT OF RECORD. To be a court of record a court must have four characteristics, and may
have a fifth. They are:

A. A judicial tribunal having attributes and exercising functions independently of the person of the
magistrate designated generally to hold it [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex

Law of the Case Page 4 of 6

Exhibit E
 EXHIBIT E
LAW OF THE CASE
parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155
N.E. 688, 689][Black's Law Dictionary, 4th Ed., 425, 426]

B. Proceeding according to the course of common law [Jones v. Jones, 188 Mo.App. 220, 175 S.W.
227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244
N.Y. 406, 155 N.E. 688, 689][Black's Law Dictionary, 4th Ed., 425, 426]

C. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony. [3
Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52
Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117
N.E. 229, 231]

D. Has power to fine or imprison for contempt. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas
Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2
L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.][Black's Law Dictionary, 4th Ed.,
425, 426]

E. Generally possesses a seal. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga.,
24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger
v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.][Black's Law Dictionary, 4th Ed., 425, 426]

28. Henceforth the writ which is called Praecipe shall not be served on any one for any holding so
as to cause a free man to lose his court. [Magna Carta, Article 34].
29. The people of this state do not waive their sovereignty to the agencies which serve them.
30. If any claim, statement, fact, or portion in this action is held inapplicable or not valid, such
decision does not affect the validity of any other portion of this action.
31. The singular includes the plural and the plural the singular.
32. The present tense includes the past and future tenses; and the future the present, and the past
the present.
33. The masculine gender includes the feminine and neuter.
Law of the Case Page 5 of 6
Exhibit E
 EXHIBIT E
LAW OF THE CASE
34. “For a crime to exist there must be an injured party. There can be no sanction or penalty
imposed upon one because of his exercise of his constitutional rights.”
Sherar v. Cullen, 486 F. 945

Law of the Case Page 6 of 6

Exhibit E