In
The United States District Court
For
The Southern District of Texas
Houston Division
Louis Charles Hamilton II Notice
of Motion for
Pro Se
Plaintiff “Aggravated
Perjury Charges”
Vs. Civil
Action H-11-4256
State of Texas, et al Chief
Defendant David Hittner
‘United
States District Judge”
Defendants
Comes
Now Slave Negro Pro Se Plaintiff Respectfully
Appearance (Pro Se Plaintiff) Louis Charles Hamilton II herein (USN) before the
Honorable Court, the special vulnerability of the victim being still “enslaved”
since August 20th 1619 – February 7th 2013 ‘United States District Court” Houston
Division Chief Defendant U.S. Federal Judge David Hittner, committed to on or
about October 9th 2012
“Aggravated Perjury”, in direct violation of Sec.
37.03. knowingly making a false entry to hide “enslavement” of
the “Pro Se Plaintiff Louis Charles Hamilton II official property of the State
of Mississippi” fully (RICO) criminal violation of the 13th
Amendment of the United States of America et al while destroyed the 14th
amendment at the same time as Chief Defendant U.S. Federal Judge David Hittner,
committed to further criminal (RICO) acts on or about October 9th 2012 the
enforcement of “Black Codes” Act to establish a Code of Criminal Procedure for
the State of Texas, approved August 26th, 1866,
Directed at “pro se”
Plaintiff “Louis Charles Hamilton II” in his person official Slave Property of
the State of Mississippi within jurisdiction of United States of America et al
Until February 7th
2013 And “pro se” Plaintiff “Louis
Charles Hamilton II” in his person official Slave Property o The Knights of the
Klu Klux Klansmen (1865 – 2016) “Slave Trade Dynasty” as
Chief Defendant U.S. Federal
Judge David Hittner, committed to on or about October 9th 2012 further (RICO),
Obstruction of Justice, concealment, aid and abetting, concert of action Surrounding the continual 2016 (December)
violations of The Racketeer Influenced and Corrupt Organizations Act,” False
Imprisonment DNA Negro Slaves (Plaintiffs) past, present and future
(RICO)“Slavery Servitude, 18 U.S.C. § 1589 (forced labor), 18 U.S.C. § 1590 (trafficking
with respect to peonage, slavery, involuntary servitude, or forced
labor),“Slavery Servitude” money laundering statutes,18 U.S.C. 1956 and 1957,
“Slavery Servitude” money
laundering statutes, RICO statute (18 U.S.C. § 1961(1), Conversion, Civil
Conspirers, Collusion concert of action in violation 18 U.S. Code § 1344 - Bank
fraud, Fraud and Willful Misrepresentation, 212(a)(6)(C)(i) Material
Misrepresentation / Fraud,
“Fraudulent Void defendant
18 U.S. Code § 249 - Hate crime acts, in connection with Chief Defendant U.S.
Federal Judge David Hittner, committed to further criminal (RICO) acts on or
about October 9th 2012 Judicial duties performed in direct
Violation under Title 18,
U.S.C., Section 242 Deprivation of Rights Under Color of Law ... and “Honest
Services Fraud 18 U.S.C. § 1346”, conspiracy to commit wire fraud, mail fraud,
and major fraud against the United States, False Statements, Concealment—18
U.S.C. § 1001, Further affirm “Aiding & Abetting”, “Assisting or
Encouraging”, “Assistant & Participating”, “Concert of Actions” massive
2011
Civil conspire directed at
(pro se) Hamilton being cover up acts of killing of one human being by another
“Homicide” as Pro Se Plaintiff hidden and legally declared Dead in a wrongful death(s), wrongful death of (Plaintiff
unborn fetus),
Religious prosecution, Custodial Interference, Child abduction/Child Theft, Theft of Body,
grave robber, sachem of things in Utah. Which Chief Defendant U.S. Federal Judge
David Hittner, committed to further criminal (RICO) acts on or about October
9th 2012 Judicial duties performed in direct Fraud Non-Disclosure, Common law
fraud, Fraud upon the court,
Judicial Fraud and
Obstruction of Justice, abuse of power, Judicial bias, intentional infliction
of emotional distress, aid and abetting, in the cover up several Federal Civil
Actions and having a direct interest in the out-come “Keeping 44.5 Million (Negro
DNA Race American still Slaves) in 2011 without any “Legal Citizenship of the
14th Amendment of the United States of America, while hiding such “enslavement”
in 2011 directed at the acting President of The United States of America
(Obama) and entire Negro Family enslaved by among others said
Chief Defendant U.S. Federal
Judge David Hittner, committed to on or about October 9th 2012 further (RICO), while
committed to “Treason” in hate crimes of insurances human rights World
Violation criminal acts of continual august 20th 1619 continual in
2011 forced “enslavement” for unjust enrichment directed at the President Barack
Obama and his Negro (Obama) Presidential First Family and continual “Aggravated
Perjury”, in (RICO) endeavor 2011 forced “enslavement” for unjust enrichment
directed at 44.5 Million Negro and the “Pro Se” Plaintiff Louis Charles
Hamilton II herein his person
Enslaved since date of birth
November 8th 1961 by “United States of America et al as described in
said complaint be made fully physically continual in 2011 same forced
“enslavement” for unjust enrichment by one Chief Defendant U.S. Federal Judge
David Hittner, whom also committed to mutable counts of
“Aggravated Perjury”, on or
about October 9th 2012 engaged in the “Official Capacity” as U.S. Judges as he did
so criminally with full intent and perceived knowledge engaging in among other
things (RICO) The Racketeer Influenced and Corrupt Organization Act (RICO) in
direct criminal violation of 18 U.S.C. § 1589 (forced labor), 18 U.S.C. § 1590
(trafficking with respect to peonage, slavery, involuntary servitude, or forced
labor),“Slavery Servitude” money laundering statutes,
18 U.S.C. 1956 and 1957,
“Slavery Servitude” money laundering statutes, RICO statute (18 U.S.C. §
1961(1), directed at Slave Negro Louis Charles Hamilton II Pro Se Plaintiff USN
# 2712 SS in his person and indirectly 44.5 Million Still Negro American
slaves, (Plaintiff) collectively since abduction August 20th 1619 been living
off next to nothing in process still “Hidden Enslavement Property” no Legal
Citizenship in 2012 as Slaves have no civil rights
all “Aggravated Perjury”, Chief
Defendant U.S. Federal Judge David Hittner, and defendant(s) collectively being Conquering controlling Judicial Republican
Party committed to Slave Trade still 1619 RICO Fraud herein 2012 cover up “Enslavement
False Imprisonment slave labor endeavor well into 2013 David Hittner ‘United States District
Judge” having full conscious knowledge and professional legal expert fiduciary
responsibility that:
The 1790 Naturalization Act
reserves naturalized citizenship for whites only was fully enforced against the
(Pro Se Plaintiff) the first Presidential Negro Family (Obama) and 44.5 Million
Negros legally without legal citizenship after 1865 “civil war” trapped by this
continual 1790 (RICO) Naturalization Act.
Articles of Agreement
Relating to the Surrender of the Army of Northern Virginia. April 10, 1865, was
fully violated and that “Mississippi” never freed the (Pro Se Plaintiff) the
first Presidential Negro Family (Obama)
and 44.5 Million Negros legally without legal citizenship after 1865
“civil war” trapped by this continual collusion of the defendant (USA) The 1790
(RICO) Naturalization Act.
The 13th amendment to the
“United States of America” was destroyed, annihilate, wipe out, and fully
obliterate, fully in law and equity” official in leaving (Pro Se Plaintiff),
the first Presidential Negro Family (Obama) and 44.5 Million Negros legally
born between the exact dates of August 20th 1619 - February 7th 2013 “Slaves of
The United States of America”, as so legally Born unto “Slavery Servitude”.
The 14th amendment to the
“United States of America” was also destroyed, annihilate, wipe out, and fully
obliterate, fully in law and equity” official in leaving (Pro Se Plaintiff),
the first Presidential Negro Family (Obama)
and 44.5 Million Negros legally born between the exact dates of February
7th 2013 – 2099 pursuant to “Elite Secret Whites Only” Judicial Government The
1790 Naturalization Act reserves naturalized citizenship for whites only having
“officially” denaturalization (Pro Se Plaintiff), the first Presidential Negro
Family (Obama) and 44.5 Million Negros
legally born between the exact dates of February 7th 2013 – 2099 “Leaving” (Pro Se Plaintiff), the first Presidential
Negro Family (Obama) and
44.5 Million Negros
“without” any legal citizenship, any just equal claim legal standing before any
Federal Court of Law, and “official property” of all “card-holders” of the
Knights of The Klu Klux Klansmen, and United States of America et al
forevermore, Pursuant to: Dred Scott v. Sandford, 60 U.S. 393 (1857),
That august 20th 1619
“Slavery Servitude”, “Black Code Laws” and “Jim Crow Laws” where fully
“Enforced” On or about “October” 9th 2012 (RICO) enterprise and all three
“Human Right Violations directed at all (Negros) running concurrently in 2016
this undersigned date, pursuant to “Elite Secret Klansmen Whites Only” Judicial
Government securing The 1790 Naturalization Act reserves naturalized
citizenship for whites only having “officially” denaturalization (Pro Se
Plaintiff), the first Presidential Negro Family (Obama) and 44.5 Million Negros legally born between
the exact dates of 1790 – 2099
That august 20th 1619
“Slavery Servitude”, “Black Code Laws” and “Jim Crow Laws” where fully
“Enforced” On or about “October” 9th 2012 (RICO) enterprise and all three
“Human Right Violations directed at all (Negros) running concurrently in 2016
this undersigned date, and enterprise David Hittner ‘United States District
Judge” having full conscious knowledge and professional legal expert in
“Cheating, committing, (RICO) cover up and to conspiring
Chief Defendant U.S. Federal
Judge David Hittner, committed to further on or about October 9th 2012 FALSIFICATION
OF Government decree, judgement order records and further violation Sec. 37.04.
MATERIALITY all facts to aid a cover up scheme In connection with Co-defendant
United States Of America, State Of Texas, Harris County Texas, City of Houston
Texas, Annise Parker, Chief of Houston Police Department,
Law Office of Harry C
Arthur, Marine Building LLC, AA Quick Bond, Mike Cox's Bail SVC,
Lacey's Deli, Jonathan A Gluckman, Wayne Heller, The Ring
Investigations Mark Thering, The Ring Investigations Kandy Villarreal, Mark
Thering, Darrel Jordon, Daniel Perez-Garcia, Marquerite Hudig, Carl D Haggard,
F.M. Poppy Northcut, Sandra Martinez and Allen J Guidry thereof Civil Action H-11-4254 Chief Defendant U.S.
Federal Judge David Hittner, committed to (RICO) ““Aggravated Perjury”, Falsification
of government records, and Materiality obstruction all facts derived thereof as
defined by
PENAL
CODE
TITLE
8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER
37. PERJURY AND OTHER FALSIFICATION
Sec.
37.01. DEFINITIONS. In this chapter:
(1) "Court record" means a decree,
judgment, order, subpoena, warrant, minutes, or other document issued by a
court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of
congress or a treaty or other international convention to which the United
States is a party;
(E) an Indian tribe recognized by the United
States; or
(F) any other jurisdiction, territory, or
protectorate entitled to full faith and credit in this state under the United
States Constitution.
(2) "Governmental record" means:
(A) anything belonging to, received by, or kept
by government for information, including a court record;
(B) anything required by law to be kept by others
for information of government;
(C) a license, certificate, permit, seal, title,
letter of patent, or similar document issued by government, by another state,
or by the United States;
(D) a standard proof of motor vehicle liability
insurance form described by Section 601.081, Transportation Code, a certificate
of an insurance company described by Section 601.083 of that code, a document
purporting to be such a form or certificate that is not issued by an insurer
authorized to write motor vehicle liability insurance in this state, an electronic
submission in a form described by Section 502.046(i), Transportation Code, or
an evidence of financial responsibility described by Section 601.053 of that
code;
(E) an official ballot or other election record;
or
(F) the written documentation a mobile food unit
is required to obtain under Section 437.0074, Health and Safety Code.
(3) "Statement" means any
representation of fact.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 113,
Sec. 3, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189, Sec. 5, eff.
May 21, 1997; Acts 1997, 75th Leg., ch.
823, Sec. 3, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 393, Sec. 21, eff.
Sept. 1, 2003.
Amended
by:
Acts
2007, 80th Leg., R.S., Ch. 1276 (H.B. 3672), Sec. 2, eff. September 1, 2007.
Acts
2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 16.004, eff. September 1,
2013.
Sec.
37.02. PERJURY. (a) A
person commits an offense if, with intent to deceive and with knowledge of the
statement's meaning:
(1) he makes a false statement under oath or
swears to the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under
Chapter 132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A
misdemeanor.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec.
37.03. AGGRAVATED PERJURY. (a) A
person commits an offense if he commits perjury as defined in Section 37.02,
and the false statement:
(1) is made during or in connection with an
official proceeding; and
(2) is material.
(b) An offense under this section is a felony of
the third degree.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec.
37.04. MATERIALITY. (a) A
statement is material, regardless of the admissibility of the statement under
the rules of evidence, if it could have affected the course or outcome of the
official proceeding.
(b) It is no defense to prosecution under Section
37.03 (Aggravated Perjury) that the declarant mistakenly believed the statement
to be immaterial.
(c) Whether a statement is material in a given
factual situation is a question of law.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec.
37.06. INCONSISTENT STATEMENTS. An information or indictment for perjury
under Section 37.02 or aggravated perjury under Section 37.03 that alleges that
the declarant has made statements under oath, both of which cannot be true,
need not allege which statement is false.
At the trial the prosecution need not prove which statement is false.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec.
37.10. TAMPERING WITH GOVERNMENTAL
RECORD. (a) A person commits an offense if he:
(1) knowingly makes a false entry in, or false
alteration of, a governmental record;
(2) makes, presents, or uses any record,
document, or thing with knowledge of its falsity and with intent that it be
taken as a genuine governmental record;
(3) intentionally destroys, conceals, removes, or
otherwise impairs the verity, legibility, or availability of a governmental
record;
(4) possesses, sells, or offers to sell a
governmental record or a blank governmental record form with intent that it be
used unlawfully;
(5) makes, presents, or uses a governmental
record with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a
governmental record or a blank governmental record form with knowledge that it
was obtained unlawfully.
(b) It is an exception to the application of
Subsection (a)(3) that the governmental record is destroyed pursuant to legal
authorization or transferred under Section 441.204, Government Code. With regard to the destruction of a local
government record, legal authorization includes compliance with the provisions
of Subtitle C, Title 6, Local Government Code.
(c)(1) Except as provided by Subdivisions (2), (3),
and (4) and by Subsection (d), an offense under this section is a Class A
misdemeanor unless the actor's intent is to defraud or harm another, in which
event the offense is a state jail felony.
(2) An offense under this section is a felony of
the third degree if it is shown on the trial of the offense that the
governmental record was:
(A) a public school record, report, or assessment
instrument required under Chapter 39, Education Code, data reported for a
school district or open-enrollment charter school to the Texas Education Agency
through the Public Education Information Management System (PEIMS) described by
Section 42.006, Education Code, under a law or rule requiring that reporting,
or a license, certificate, permit, seal, title, letter of patent, or similar
document issued by government, by another state, or by the United States,
unless the actor's intent is to defraud or harm another, in which event the
offense is a felony of the second degree;
(B) a written report of a medical, chemical,
toxicological, ballistic, or other expert examination or test performed on
physical evidence for the purpose of determining the connection or relevance of
the evidence to a criminal action;
(C) a written report of the certification,
inspection, or maintenance record of an instrument, apparatus, implement,
machine, or other similar device used in the course of an examination or test
performed on physical evidence for the purpose of determining the connection or
relevance of the evidence to a criminal action; or
(D) a search warrant issued by a magistrate.
(3) An offense under this section is a Class C
misdemeanor if it is shown on the trial of the offense that the governmental
record is a governmental record that is required for enrollment of a student in
a school district and was used by the actor to establish the residency of the
student.
(4) An offense under this section is a Class B
misdemeanor if it is shown on the trial of the offense that the governmental
record is a written appraisal filed with an appraisal review board under
Section 41.43(a-1), Tax Code, that was performed by a person who had a
contingency interest in the outcome of the appraisal review board hearing.
(d) An offense under this section, if it is shown
on the trial of the offense that the governmental record is described by
Section 37.01(2)(D), is:
(1) a Class B misdemeanor if the offense is
committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is
convicted of presenting or using the record;
(2) a felony of the third degree if the offense
is committed under:
(A) Subsection (a)(1), (3), (4), or (6); or
(B) Subsection (a)(2) or (5) and the defendant is
convicted of making the record; and
(3) a felony of the second degree, notwithstanding
Subdivisions (1) and (2), if the actor's intent in committing the offense was
to defraud or harm another.
(e) It is an affirmative defense to prosecution
for possession under Subsection (a)(6) that the possession occurred in the
actual discharge of official duties as a public servant.
(f) It is a defense to prosecution under
Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information
could have no effect on the government's purpose for requiring the governmental
record.
(g) A person is presumed to intend to defraud or
harm another if the person acts with respect to two or more of the same type of
governmental records or blank governmental record forms and if each
governmental record or blank governmental record form is a license,
certificate, permit, seal, title, or similar document issued by government.
(h) If conduct that constitutes an offense under
this section also constitutes an offense under Section 32.48 or 37.13, the
actor may be prosecuted under any of those sections.
(i) With the consent of the appropriate local
county or district attorney, the attorney general has concurrent jurisdiction
with that consenting local prosecutor to prosecute an offense under this
section that involves the state Medicaid program.
(j) It is not a defense to prosecution under
Subsection (a)(2) that the record, document, or thing made, presented, or used
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or
another substantially similar statement intended to alert a person to the
falsity of the record, document, or thing, unless the record, document, or
thing displays the statement diagonally printed clearly and indelibly on both
the front and back of the record, document, or thing in solid red capital
letters at least one-fourth inch in height.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 1248,
Sec. 66, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., ch. 113, Sec. 4, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 565, Sec. 5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 189, Sec. 6, eff. May 21, 1997;
Acts 1997, 75th Leg., ch. 823, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659, Sec. 2, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch.
718, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 771, Sec. 3, eff.
June 13, 2001; Acts 2003, 78th Leg., ch.
198, Sec. 2.139, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 257, Sec. 16, eff. Sept. 1, 2003.
Amended
by:
Acts
2005, 79th Leg., Ch. 1364 (H.B. 126), Sec. 1, eff. June 18, 2005.
Acts
2007, 80th Leg., R.S., Ch. 1085 (H.B. 3024), Sec. 2, eff. September 1, 2007.
Acts
2009, 81st Leg., R.S., Ch. 73 (H.B. 1813), Sec. 1, eff. September 1, 2009.
Acts
2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 31, eff. September 1, 2009.
Acts
2013, 83rd Leg., R.S., Ch. 510 (S.B. 124), Sec. 1, eff. September 1, 2013.
Acts
2015, 84th Leg., R.S., Ch. 690 (H.B. 644), Sec. 3, eff. September 1, 2015.
Sec.
37.13. RECORD OF A FRAUDULENT
COURT. (a) A person commits an offense if the person
makes, presents, or uses any document or other record with:
(1) knowledge that the document or other record
is not a record of a court created under or established by the constitution or
laws of this state or of the United States;
and
(2) the intent that the document or other record
be given the same legal effect as a record of a court created under or
established by the constitution or laws of this state or of the United States.
(b) An offense under this section is a Class A
misdemeanor, except that the offense is a felony of the third degree if it is
shown on the trial of the offense that the defendant has previously been
convicted under this section on two or more occasions.
(c) If conduct that constitutes an offense under
this section also constitutes an offense under Section 32.48 or 37.10, the
actor may be prosecuted under any of those sections.
Added
by Acts 1997, 75th Leg., ch. 189, Sec. 8, eff. May 21, 1997.
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