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New Hampshire Woman Takes on Oklahoma- and a Moot Court

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Written by: Michael Volpe and Tanya Hathaway

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It’s All About Jurisdiction

A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.[1][2] Wikipedia

With a corrupt judge refusing to remove himself from the case, he had no problem ignoring the evidence that the court had no jurisdiction.

A court must have some sort of a stake in a case before it can hear it; that’s called Subject-matter jurisdiction.

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 PROVING SUBJECT-MATTER JURISDICTION

Proper implementation of Subject–matter jurisdiction prevents judge shopping or forum shopping.

Some of a few of the many exhibits Hathaway presented for supporting arguments for lack of Subject-matter jurisdiction include: 1) Their marital home was in New Hampshire. Hathaway never lived in Oklahoma, and XXX (referring to Hathaway’s estranged husband) wasn’t living in Tulsa County.  XXX swore their marital home as his legal residence when he applied for a P.O. box, 2) XXX obtained a New Hampshire’s driver’s license on June 27th 2014- just weeks before filing- where he swore that he lived in New Hampshire, 3) Their marriage certificate listed New Hampshire as their legal address 4) Confirmation from the US Postal Service (USPS) that XXX permanently changed his home address from Tulsa to New Hampshire 5) dozens of resumes which XXX sent to potential employers where his return address was New Hampshire  6) While Hathaway examined XXX for her motion to vacate the suit due to lack of jurisdiction, he admitted that he did not have a residence or stay anywhere in Tulsa County during the time period required to claim Subject-matter jurisdiction.  Clearly, he relied on his insiders to take care of things.

Miller, during an argument with XXX’s attorney, even threw Hathaway a bone, saying, “I don’t understand why a driver’s licenses would not be admissible to go to evidence of where a person’s residence is in a hearing on Subject-matter jurisdiction.”

Judge Miller noted that Subject-matter jurisdiction came down to, “was the petitioner a resident of Oklahoma for six months prior to filing the petition?”

When XXX testified, he insisted that he was domiciled- or had a residence in-Oklahoma at the time he filed his petition in June 2014, but when asked to provide his address, he responded, “I did not have a formal address in Tulsa.”

He even repeated this assertion when Miller asked him the same question minutes later.

 JUDICIAL ESTOPPEL

Just as XXX knew he could rely on Hughes and Hastings, lawyers on XXX’s behalf, Hughes knew they could rely on Miller to make it all work. All they needed was something with the veneer of legitimacy: thinking Hathaway didn’t know better. Judicial Estoppel is a legal technicality which “prevents a party from asserting a position in one legal proceeding that directly contradicts a position taken by that same party in an earlier proceeding.According to the Cornell Law Review.

Hughes and her team argued because Hathaway had come to Oklahoma to challenge the lawsuit, this implicitly gave the state jurisdiction, except, as in this case, without Subject-matter jurisdiction, Judicial Estoppel is moot. They all know it.

Hathaway knew there was no Subject-matter jurisdiction, but couldn’t prove it until discovered additional evidence that was rock solid. Knowing she could prove it, she motioned to vacate the suit in a county that by law cannot hear or rule over the matter.

Put another way, you aren’t allowed to go to New Hampshire’s Department of Motor Vehicle and swear you live there and turn around and tell a court in Oklahoma weeks later you live in that state, if all your evidence is a storage receipt.

By all rights, it was a slam dunk. No evidence was presented to overcome the lack of Subject-matter jurisdiction as the defense relied solely on Judicial Estoppel.

That’s fraud, and neither estoppel nor anything else can be achieved by fraud, unless your friends with facing the Orwellian Miller appointed by the upstanding Presiding Judge Linda Morrissey who ignored requests to review the gross negligence claimed in this matter in her court.

By all rights, it was a slam dunk. No evidence was presented to overcome the lack of Subject-matter jurisdiction as the defense relied solely on Judicial Estoppel.

Miller denied Hathaway citing Subject-matter jurisdiction as the key to vacating the suit. Yet, The Hughes Team didn’t use that dedense! If they had, it was still a slam dunk.

Still, knowing Subject-matter jurisdiction overrides Judicial Estoppel (the defenses claim), Hathaway filed an emergency motion for reconsideration, arguing that Judicial Estoppel does not apply because subject matter was not established.  This caused Miller to augment his rulings the next day in court.

“I apparently, I left the impression and I want to correct it, that the only basis for my ruling yesterday was on the basis of Judicial Estoppel. It’s my intention to indicate that after hearing those many hours of testimony, the facts support that this court has Subject-matter jurisdiction,” the Orwellian Judge Miller stated at this hearing, “He was a resident based on the factual record presented.”

Factual Record information from Cornell University Law School Includes:

In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.”

The “factual record” evidence consisted of a Tulsa storage unit receipt.  

Check out the You Tube video for highlights from the Subject-matter jurisdiction hearing.

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TS Radio: TNT Tanya TalkS #1

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Join us Sunday evening January 14, 2018 at 6:00 pm CST!

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Welcome!! TS Radio: TNT-Tanya talkS

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INFORMATION & RELEASE FOR MARTI-OAKLEY TS RADIO!

TNT-Tanya talkS______________________________________

Where your voice is heard & your story is told…

Tanya Hathaway is actively in hot pursuit of bringing Oklahoma to Justice.

Tune in on Sunday’s at 6:00 p.m CST for an hour-long show of explosive discussion about the realities of the broken-down “Sooner State” government and judicial system.

TNT Tanya talkS is lining up guests that will share their verified stories of alleged corruption/abuse by the state of Oklahoma.

Updates on those that have been on air will be provided as able, and we will have experts on occasionally that will provide additional insights and share some of their own stories.

The progress and outreach to meet the deadline of bringing the alarming alleged organized crimes by the State of Oklahoma to the DOJ in the fall of 2018 , and what it will take to make it happen will be discussed.

Plenty of hot topics regarding who is who (many and plenty of those), and why they are still on the bench, in office, donning a badge, etc.; will be brought to light as “alleged” crimes-for now.

The show will strive to explore some legal interpretations of the law and some deep dark secrets that many don’t know or if they told anyone, people would think we were crazy. Well, it’s time for an education!

All this is for the well-deserved benefit of doing the dance better than the wrong-doers in disguise; and to bring to surface an understanding of where our rights actually do reside as TNT Tanya talkS exposes the crimes and the criminals…(alleged).

You will be a part of the unveiling of agency crimes that we are exposing and are allegedly taking place with permission through condonation of The State of Oklahoma. We’ll talk about overcoming any and all barriers to prove the heinous ongoing injustices and crimes on the youth of medical kidnapping and so much more.

If you wish to preview of Tanya’s soon to be published story so; and what led her to this click below: https://theeprovocateur.blogspot.com/2018/01/abuse-in-courtroom-of-tulsa-judge-j.html

To be a guest on the show and talk about your own story: A submission must be made for purposes of liability of the producers and host.

There must be verifiable evidence to accept your story. If evidence is running short because of the criminals that see to it that it happens; a sworn statement/affidavit may suffice.

Experts or seasoned advocates that wish to be a guest on the show, please do contact me as well and let’s have that discussion!

The producers and host of the show have the right to decline any request for an interview.

To submit your request to be on TNT Tanya talkS-please email at Tanya@injusticeinoklhomaexposed.com

When emailing your request, please put in subject line: TNT guest request.

Please, every petition matters if it matters to you!

Review, sign and share the petition for judicial and government reform in Oklahoma.

https://www.ipetitions.com/petition/for-governmentjudicial-reform-in-oklahoma

Email: Tanya@injusticeinoklahomaexpossed.com

Website: www.injusticeinoklahomaexposed.com

DISCLOSURE:

Tanya Hathaway is not an attorney and cannot give and does not give legal advice. She is an activist, advocate, victim-survivor- whistleblower, blogger and author and speaker. Tanya strives to give opinion and resources, discuss options and encourages moving forward in bringing Justice to Oklahoma and realizing the true “Access to Justice” as our constitution was and is meant to be.

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