With Justice for ALL (quote from the pledge of allegience U.S.A.)
This is an informational website offering support not legal advise
This is the opening statement in the 9th Circuit Court case. The basic premise of the errors in divorce on demand are outlined here. My thanks go to Cheri Gerland Crittenden for her expertise in writing these documents for me. There is no attorney involved.
Motion for En Banc Hearing
1. S G hereby Petitions this court to hear case # 02-35345 banc taking judicial notice of In Trustees of Darthmouth College v.Woodward, 17 U.S. 518, Wheat at 629, and 695-697. Justice Marshall stated "When any state legislature shall pass an act annulling all marriage contracts, or allowing either party to annul it, without the consent of the other, it will be time enough to inquire, whether such an act be constitutional."
2. S.G. hereby Petitions this court to hear case # 02-35345 en banc
taking judicial notice of In Grimley (11/17/90) 137 U.S. 147, 34 L. Ed. 636,
11 S. Ct. 54 the US Supreme Court said "Marriage is a contract; but it
is one which creates a status. Its contract obligations are mutual faithfulness;
but a breach of those obligations, does not destroy the
status or change the relation of the parties to each other. The parties remain husband and wife, no matter what their conduct to each other - no matter how great their disregard of marital obligations. It is true that courts have power, under the statutes of most States, to terminate those contract obligations, and put an end to the marital relations. But this is never done at the instance of the wrongdoer. The injured party, and the injured party alone, can obtain relief and a change of status by judicial action."
3. S.G. hereby Petitions this court to hear case # 02-35345 en banc taking judicial notice of Aquarian Foundation v. KTVW Inc., 11 Wash. App. 476, 523 P.2d 969 (Wa.App. 06/24/1974) which said "respondent's failure to file a brief is considered as equivalent to a confession of error, warranting or justifying the court in entering a judgment or decree of reversal..." To do otherwise the court said, "Would require devoting our time and resources in behalf of a private party. No principle of justice properly requires us to assume the dual roles of advocate and arbiter in the same cause." " A respondent should not be permitted to profit from its default at the expense of an appellant."
4. S.G. hereby Petitions this court to hear case # 02-35345 en banc taking judicial notice In Hovey v. Elliott 167 U.S. 409, 42 L. Ed. 215, 17 S. Ct. 841 it was asked "If the legislative department of the government were to enact a statute conferring the right to condemn the citizen without any opportunity whatever of being heard, would it be pretended that such an enactment would not be violative of the Constitution?"
5. S.G. hereby Petitions this court to hear case # 02-35345 en banc taking judicial notice of Feldman v. Gardner, supra, at 134, 661 F.2d, at 1310. See In re Summers, 325 U.S. 561, 566 (1945). "as a jurisdictional bar, the domestic relations exception does not apply to cases arising under the Constitution or laws of the United States. "Flood, 727 F.2d at 308.
PRAYER FOR RELIEF - S.G. prays that the court will take judicial notice of the cases sited above and grant her the relief requested in her motions which the legal precedents dictate she should have been granted.
S.G. prays for what other relief the judges have to correct this manifest injustice not only for her but for the millions of Americans who are faced with this same injustice.
No one in this case is a minor nor are any of the parties incompetent. All parties are citizens of the United States.
_________________________________ Dated: 2/24/2003
S. L. G. - Pro Se