NJinNJ.com ..... NO JUSTICE in NEW JERSEY
The Cases MOSHER VS THE DIVISHION OF TAXATION - cigarette taxation MOSHER VS THE BOROUGH OF MENDHAM - public information MOSHER VS THE TOWNSHIP OF MENDHAM - fair access MOSHER VS THE STATE OF NEW JERSEY - The Federal Case
MOSHER VS THE DIVISHION OF TAXATION
(all papers filed and evidence submitted available at linked website)
Initiated in Tax Court (2002)... appealed to the New Jersey Supreme Court (certification denied-2004)
The case involves the general issue of cigarette taxation.... but the numerous "reversible errors" committed by the attorneys and judges involved are a "cause of action" on to themselves. Summarizing the most pertinent issues:
1. A plaintiff follows New Jersey court rules and legally challenges the constitutionality of excessively taxing, at dramatically unusual levels, a minority vice (smoking) that saves both the state and national economy billions of dollars (by killing most users after their most productive years and before they can collect many times their contribution from health care and retirement programs) and has been proven to kill no innocent victims (beyond the number that broccoli or gardening may kill) --unlike other majority vices that destroy families and kill or injure many thousands of innocent men, women and children of all ages. In violation of due process rights and "the right to redress of grievances" the New Jersey courts refused to hear argument on the subject of "excessive taxation" and merely proclaims "that it is legal to tax cigarettes" The New Jersey Supreme Court validates this blatant denial of constitutionally mandated "redress" by refusing to grant certification (to judge the issue).
2. A plaintiff follows New Jersey court rules and legally challenges the constitutionality of the state using a 1950 law (established before the Internet or widespread use of credit cards, and intended to regulate distributors) to covertly (without notice or consent) monitor credit-card purchases. Also challenged is the right of the state to use that information to apply a tax (on average eight months after the purchase) and to also apply a sales tax that is in substance a tax on taxes. The court explains that convicted child molesters can have their privacy violated as an element of probation and therefore cigarette smokers are not entitled to 14th Amendment rights. --other relevant issues are ignored, and the New Jersey Supreme Court again endorses this preposterous injustice.
3. A plaintiff follows New Jersey court rules and legally challenges the constitutionality of a tax amnesty program that requires all persons assessed an unpaid tax, including those who have paid for a legal challenge, to give up all claims challenging the tax and accept the provisions of the tax amnesty or be required to pay a 5% penalty on the tax owed. This is nothing short of government endorsed extortion and the plaintiff appropriately labels it "threat bargaining" and demonstrates through extensive logical evidence that it is a blatant violation of Constitutional law to extort confessions through threat of added penalty. The courts refused to address the challenge made again blatantly denying constitutionally mandated "redress".
Judge[s] implicated as criminal traders against the United States Constitution:
Tax Court Judge Harold A. Kuskin
Appeals Court judges Colburn and Winkelstein
Appeals Court judges Stephen Skillman & Harold B. Wells III
The judges of The New Jersey Supreme Court
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MOSHER VS THE BOROUGH OF MENDHAM
(all papers filed and evidence submitted available at linked website)
Initiated in Superior Court (2003)... still pending.
The case involves a claim of a theft of services, discrimination, and the unlawful obstructions to access to public information (violations of Constitutional rights). Clearly demonstrated in the processing of the case is the court's contempt for the truth and justice as there are numerous violations of court rules and constitutionally required due process.
Evidence of judicial malpractice demonstrated:
- The case evidence indicates the judge's have not even read the papers filed.
- The case evidence demonstrates clear abuse of the summary judgment technique.
- The case evidence demonstrates the Court's willingness to not only accept completely unsupported lies as truth... but the court's willingness to add its own lying exaggeration to those lies.
- The case evidence demonstrates the court's unwillingness/cowardice to commit its crimes against justice fairly facing the victim in oral argument.
- The case evidence demonstrates the court's willingness to contrive "preposterous process" to satisfy its bigoted intent to destroy litigation.... in violation of the oath sworn to.
- The case evidence demonstrates a blatant violation of the ADA by the court.
- The case evidence demonstrates a completely indefensible and patently unconstitutional denial of a jury trial.
- etc...
Most significant public interest issue/cause damaged by the courts illegal behavior:
A challenge to the constitutionality of the Open Public Records Act (which now most open government advocates are conceding is useless, or destructive to the cause). The court dismissed the challenge violating court rules by denying legally requested oral argument that is to be provided "as a matter of right". The dismissal was also illegally void of explanation or justification.
Judge[s] implicated as criminal traders against the United States Constitution:
Superior Court Judge Deanne M. Wilson
Superior Court Judge William Hunt Dumont
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MOSHER VS THE TOWNSHIP OF MENDHAM
(all papers filed and evidence submitted available at linked website)
Initiated in Superior Court (2006)... Dismissed, without even a filed answer to the complaint.
This case involves claims relevant to fair access to public information held by government, and fair access to the facilities and audience of public supported "local cable access television."
As of the date of this writing this case does not yet involve any overt crimes committed by the court... but it does already raise substantial questions regarding illegal conduct by lawyers, and at minimum poorly written and unacceptably convoluted court rules.
Update: On April 13, 2006 Judge Deanne M. Wilson proved that she has no intelligence, no integrity, and no honor. She proved herself a criminal against the United States of America as she deliberately and maliciously destroyed the practical existence of The United States Constitution, and unwrote federal law by denying its existence. The fact that I have repeatedly requested that she recused herself for gross incompetence, and obvious bigotry, makes her pompous arrogance, in defending lies and nonsense, clear evidence of a malicious effort to destroy constitutional rights-- the fact that court rules were preposterously perverted to facilitate the destruction of this undeniably legitimate litigation certainly makes the criminal act all the more egregious.
Without any apprehension whatsoever judge Wilson has established that, for this American (myself), Cable access television does not exist... she also declared federal statutes regulating cable ACCESS television null and void-- and with it the First Amendment rights that federal law intends to secure. Other laws unwritten by Judge Wilson were New Jersey's Open Public Records Act and the Federal Americans with Disabilities Act.
In my life experience I have not acquired knowledge of any court decision, of modern relevance, to be as ludicrously preposterous as the crime Judge Wilson perpetrated. A justice system that can allow this kind of overt injustice, can have no integrity.
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MOSHER VS THE STATE OF NEW JERSEY federal court
(all papers filed and evidence submitted available at linked website)
Initiated in the third Circuit (2006)... Dismissed before an answer could even be filed ...ReFiled 6/5/06
It was my initial intention to file this case shortly after the New Jersey Supreme Court's rejection of my requests for certification in the cigarette tax case. As things began to bizarrely twist in my case against the Borough of Mendham I delayed filing until this year to amass a more complete record of criminal conduct by the New Jersey Justice System.
This case involves the basic claim that the New Jersey Judiciary is not providing constitutionally required due process.
To my chagrin their has already been process imposed by the judge that has every appearance of being as egregiously in violation of the court rules, bigoted, and unconstitutional.... as the New Jersey judicial conduct I am attempting to prosecute.
Judge[s] implicated as criminal traders against the United States Constitution:
Federal District Judge DENNIS CAVANAUGH
3/25/06 update: Unfortunately, the dishonest, unhonorable, integrity-less, treasonous and cowardly DENNIS CAVANAUGH has sunk lower, than my low expectations and blown the rules federal civil procedure to bits to stop me from staging the fair fight I'm entitled to....(and America used to stand in defense of). I posted my initial reaction on this message board-- Unfortunately I haven't yet received any useful responses. There will be more to this story.... I just haven't yet chosen a title direction for the next chapter.
10/30/06 UPDATE: Obviously, sense the Cavanaugh decision I refiled the case.... adding him and Patriot media as defendants. The new judge Stanley R. Chesler hasn't done anything as outrageous as Cavanaugh, but it seems pretty clear he is similarly intent on subverting justice. On the first motion for summary judgment requesting dismissal of the claims against Judge Cavanaugh by reason of absolute judicial immunity. Judge Chesler denied oral argument, without soliciting argument on the subject of oral argument, as the court rules require. As anticipated the motion was granted and the Judges decision doesn't reference, or refute, a single paragraph of my argument.
As of this date the second summary judgment motion regarding the state defendants is pending. There has been a delay in getting an answer to the claims against Patriot Media as they refused to aknowledge the original summons and had to be served by a martial.
As I stated my argument against judicial immunity... The unwillingness of judges, to do justice, has left me vulnerable to continuing crimes against my constitutional rights. On October 16th the Mendham Borough town council again prove their contempt for The United States Constitution, So I have filed a motion requesting to amend my complaint and add more defendants.
3/23/07 UPDATE: I put a copy of the "docket sheet" Online (now the homepage for the case) It sometimes isn't very comprehensible, so eventually I will add some clarifying notes.
The status of the case hasn't changed much, the only action by the court, has been granting his colleague immunity for lawbreaking he perpetrated against my first complaint.... so, after a year, and over $600 in filing fees, I remain denied anything approaching fair and due process.
The most recent filed motion, that the court apparently was reluctant even let me file as they lost two copies of it, attempts to add claims against the local board of education for lying to the voters, and denying me fundamental free-speech rights.
Currently, both Patriot media and the Borough government are abusing copyright law to place a constitutionally unacceptable prior restraint my First Amendment speech... I'm now contemplating a third motion to amend my complaint.
5/5/07 UPDATE: The case has been decided... Pretty much as expected, my allegations received no fair "adjudication" and were just declared by the unAmerican fascist weasel Stanley R. Chesler, U.S.D.J. to be Catch-22 unprosecutable.
There is a despicable irony and losing a court case where the judge doesn't write a single sentence stating that the defendant did not break the law as alleged. Basically the entire decision just contrives excuses (by rewriting the United States Constitution) to declare that all the criminals are immune from prosecution.
Stanley R. Chesler, the dishonest and incompetent moron, doesn't even summarize the complaint accurately quoting from page 3
Plaintiff s claims against the State Defendants stem from the dismissal of two of Plaintiffs previous New Jersey lawsuits by Judges Dumont and Wilson. (Compl. at 2.) In those lawsuits, Plaintiff alleged that the New Jersey cigarette tax, a 1950 law monitoring credit card purchases, and a New Jersey tax amnesty program were all unconstitutional. Plaintiff claims that the Judges' adjudication and dismissal of these complaints resulted in the denial of his constitutional rights.
Judges Dumont and Wilson had nothing to do with the cigarette tax case, or appeal. Quite obviously the jerk of a judge Stanley Chesler couldn't be bother to carefully read the complaint, or any of the evidence submitted.
The crooked Court of judge Stanley Chesler doubles his duplicity by citing "judicial immunity" as well as "sovereign immunity" to exempt his criminal colleagues from accountability. Both immunitys are court contrivances, but the rewriting of the 11th Amendment to justify sovereign immunity is just plain grotesque. Quoting from pages 3-4
Plaintiffs claims against the State Defendants must be dismissed because the Eleventh Amendment of the United States Constitution provides these Defendants with sovereign immunity. The Eleventh Amendment to the United States Constitution states: "The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." .....Superior Court Judges Wilson and Dumont, sued for actions taken in their official capacity, may "cloak" themselves in the state's sovereign immunity under the Eleventh Amendment. Therefore, all of Plaintiff s constitutional claims against Judges Dumont and Wilson are dismissed with prejudice as well.
Obviously as written the 11th Amendment only protects States from lawsuits initiated by foreigners or non-residents. The historic evidence indicates the amendment was written to explicitly respond to "the problem" of residents of the one state suing another state. Clearly if the Congress had intended to make states immune to suit for crimes against THEIR OWN CITIZENS they simply would've said "any citizen" rather then "Citizens of another State, or by Citizens or Subjects of any Foreign State."
The convoluted logic the Unhon. judge Stanley Chesler uses to exempt Patriot media for any "legally binding" responsibility to respect the United States Constitution and federal law is also just plain preposterous.
The crazy court argues that "Section 531 confers rights not to the creators of public access programs, but instead designates the prohibited acts of cable operators". The court further argues that there's "no private right of action" to enforce the prohibition. Obviously a "prohibition" without a reasonable enforcement mechanism is empty, and meaningless, "paper law" that insults the core principles of accountability and justice.
In concluding his treason against the United States Constitution Stanley R. Chesler, ignores the substance of my complaint and obliges me to refile my claims against the Borough, the Township, and the Board of Education. The fact that all these claims cover the same issues of law, and initiate out of similar and related circumstances really can't be denied... "reasonably".
In the end no declaration of innocence, or argument that crimes have not been committed-- just more judicial malpractice clearly intended to kill the, once revered, humanizing and civilizing "rights" defined in the Bill of Rights.
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