By Sandy Schroth
Editor 

Man who alleged jurisdiction of Antelope County Court convicted

 

January 23, 2020



An Oakdale man was convicted of two crimes last Wednesday during a trial to the bench at the Antelope County courthouse in Neligh.

Twenty-three-year-old self-litigant defendant Garrett A.H. Hill faced the Honorable Donna Taylor in the last case on the Jan. 15 docket. With other court activity wrapped up for the day, the courtroom was mostly clear, with the exception of a woman who accompanied the defendant, court staff, local media and several law enforcement officers - from the Nebraska State Patrol, Antelope County sheriff’s and Neligh police departments.


Hill’s conviction includes two charges, operating a vehicle without a driver’s license and without a valid vehicle registration, both Class 3 misdemeanors committed Nov. 1. Each carries a possible penalty of up to a $500 fine and/or up to 90 days in jail. Sentencing is set Feb. 5.

Hill presented six exhibits as evidence, two copies of each, a typed version and a hand-written one, claiming the action proved his diligence. Prosecutor Joe Abler objected on the grounds of relevance. Taylor overruled the objection and allowed the exhibits. Taylor summarized the exhibits and a statement Hill read, which she interpreted as a motion to dismiss. Hill said the statement also included a request for relief.

“You don’t have the authority to try life, liberty and property,” Hill told Taylor.

He argued the court had no jurisdiction, that his “visitation” in the courtroom was forced, telling Taylor she could be engaging in criminal activity and repeated comments made at his arraignment, that he would place a lien against the judge’s bond. Hill interrupted the judge multiple times and challenged her instructions. At one point, he questioned if she actually reviewed the exhibits he entered.

“I don’t think you read all the way through,” he said, noting there were 180 pages in the documents and called the proceedings a “kangaroo court.”

Abler called just one witness, Antelope County deputy Mike Sanne.

Midway through Sanne’s testimony, Hill stood, gathered his material and said, “I am going to dismiss myself; I will expect results by mail.”

Taylor told him he had the right to absent himself, but doing so would waive his right to confront and cross examine witnesses and offer evidence. When he continued to argue, Taylor told him to remain seated and silent during witness testimony, unless he had an objection.

He left the courtroom and the trial continued.

Sanne testified he stopped Hill for driving the un-plated vehicle and Hill presented a Nebraska state identification card. A check of his driving record indicated he “was suspended” in Missouri. In answer to Abler’s questions, Sanne said Hill had no registration or proof of ownership for the vehicle and identified himself as a sovereign citizen, telling the deputy he had no jurisdiction. Hill refused to sign the citation and was taken to the Antelope County Jail, where he eventually signed, indicating he was signing “under duress.”

In addition to finding him guilty on both counts, Taylor ruled statute of the State of Nebraska authorized county courts to try misdemeanors; the statutes are presumed to be constitutional; and Hill is a resident of Nebraska because of his possession of a Nebraska ID card and listing himself living at Jinks Street in Oakdale.

She said notice of sentencing date will be mailed to Hill and if he fails to appear, a warrant for his arrest will be issued.

 

Reader Comments(0)

 
 

Powered by ROAR Online Publication Software from Lions Light Corporation
© Copyright 2024