Alan Boyd Curtis was extridated February 2007 from Spain to face allegations of criminal charges in Pinellas County, Florida. It has come to the realization that the said accused crime occurred on the high seas outside the jurisidiction of Pinellas County, Florida.
Judge Chris Helinger has dismissed a Writ of Habes Corpus submitted by Alan Boyd Curtis to bring to the courts attention of its lack of jurisidiction and fraudlent evidence used to accuse Curtis of said crime. Helinger has dismissed the Habes Corpus for LACK OF JURISDICTION"" stating that she has reviewed the evidence within the Habes Corpus.
As noted below you will find the evidence presented to Judge Helinger.
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY
Civil Division
ALAN BOYD CURTIS,
Petitioner,
V.
KENNETH S. TUCKER, Secretary,
Department of Corrections,
Respondent.
MOTION FOR DISOUALIFICATION/RECUSAL OF PRESIDING TRIAL JUDGE COMES NOW, The Petitioner, Alan Boyd Curtis, Pro se', and in good faith, pursuant to Florida Rules of Judicial Administration Rule 2.300 and The Code of Judicial Conduct Cannon 3 (b) and (E) (2); under the authority of Enter Leasing C. V. Jones. 789 So.2d 964, 968 (Fla. 2001), and files this, his Motion to Disqualify/Recuse the presiding Final Court Judge, Circuit Judge Chris Helinger, and for good cause would shows as follows: The Petitioner, Movant, has not received fair hearings or trial and has a genuine and real fear he will not receive fair hearings or trial in the future.
The Trial Court/Presiding Judge in issuing Orders of Denial Or Dismissals has repeatedly stated he has reviewed the ""Motions""; record and applicable law, however, his rulings effectively and repeatedly demonstrate he has in fact failed to review the records for defects clear on the face of the records such as, missing signatures of Alan Boyd Curtis or his counsel on instruments accepting terms and conditions of probation; conditions not mandated by law and not part of a negotiation Plea Agreement. Conditions unilaterally imposed by another Judge and has failed to apply the proper law to the facts. The presiding Judge believes he has no authority to correct a Manifest Injustice.
The Trial Court/Presiding Judge has knowledge that Assistant State Prosecutors have worked with other Agency(s) and Agent(s) to fabricate Affidavits against Alan Boyd Curtis to gain a conviction and has failed to take appropriate legal action against the Assistance State Attorney, James A, Hellickson, to protect Alan Boyd Curtis and others from harm.
The Trial Court/Presiding Judge is bias and prejudice in favor of Assistance State Prosecutors who knowingly fabricate Affidavits; Conceal Evidence and Breach Promises to foreign governments to gain Illegal Convictions and Sentenef-s and has failed to take appropriate legal action for those responsible; protect the rights of Alan Boyd Curtis guaranteed by the United States and Florida Constitutions.
The Trial Court/Presiding Judge has effectively and repeatedly demonstrated by rulings that he lacks knowledge of jurisdictional issues, as to what is mandated to invoke the Court's jurisdiction; the limits imposed on the Court's jurisdiction and, has exercised jurisdiction where he has none and fails to understand a Court's inherent authority to correct a Manifest Injustice when clear upon the face of the records, once this Petitioner invokes jurisdiction.
The Trial Court/Presiding Judge has filed, or refuses to address and rule upon this Petitioner's jurisdictional challenges which appear clear on the face of the record of which the presiding Judge has authority to grant hearings on a Jurisdictional Challenge and rule upon the merits, as required by law.
The Trial Court/Presiding Judge has exercised jurisdiction where he has none and fails to exercise jurisdiction and authority once invoked by this Petition, to grant relief entitled to the Petitioner or provide proper remedy. The Trial Court/Presiding Judge fails to understand his inherent authority pursuant to the Constitution of the State of Florida, Article I, Section 13 and exercise that authority when called upon to do so.
The Trial Court/Presiding Judge believes his Post-Conviction authority is limited to Florida Rules of Criminal Procedure, Rule 3.850 (b) and 3.800 (a), with which to grant relief.
The Trial Court/Presiding Judge condones Fraud; Brady and Giglio violations by State Prosecutors or Assistant State Prosecutors to gain convictions allowing the acts to go uncorrected while the acts are allowed to continue by those same State Officials against others.
The Trial Court/Presiding Judge has actual factual evidence of the facts and fails to act upon them. The Trial Court/Presiding Judge lacks knowledge of International Treaties on Extradition, specifically: the United States — Spain Treaty on Extradition, May 29, 2970; Diplomatic Negotiations; Diplomatic Notes of Foreign Court Orders Limiting this court's jurisdiction on what punishment could or could not be imposed upon the Petitioner. The Trial Court/Presiding Judge lacks knowledge that the State and this Court must yield to Federal Law and lacks knowledge or the Doctrine of Dual Criminality or Specialty and thereof lacks the ability to grant the Petitioner under process of law.
The Trial Court/Presiding Judge is in violation of his Oath of Office to uphold the United States and Florida. Constitutions in full and repeatedly issues threats of sanctions improperly.
Therefore, the Petitioner has an actual fear of the presiding, the Trial Court/Presiding Judge to uphold and protect the Petitioner Constitutional Rights as Guaranteed by the United States and the Florida Constitution and the Petitioner has suffered damage as a result. Thus, the Petitioner ""Demands"" that The Trial Court/Presiding Judge Disqualify/Recuse himself and refuse to sit in any case involving Alan Boyd Curtis.
Christine Reviews
Alan Boyd Curtis was extridated February 2007 from Spain to face allegations of criminal charges in Pinellas County, Florida. It has come to the realization that the said accused crime occurred on the high seas outside the jurisidiction of Pinellas County, Florida.
Judge Chris Helinger has dismissed a Writ of Habes Corpus submitted by Alan Boyd Curtis to bring to the courts attention of its lack of jurisidiction and fraudlent evidence used to accuse Curtis of said crime. Helinger has dismissed the Habes Corpus for LACK OF JURISDICTION"" stating that she has reviewed the evidence within the Habes Corpus.
As noted below you will find the evidence presented to Judge Helinger.
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY
Civil Division
ALAN BOYD CURTIS,
Petitioner,
V.
KENNETH S. TUCKER, Secretary,
Department of Corrections,
Respondent.
MOTION FOR DISOUALIFICATION/RECUSAL OF PRESIDING TRIAL JUDGE COMES NOW, The Petitioner, Alan Boyd Curtis, Pro se', and in good faith, pursuant to Florida Rules of Judicial Administration Rule 2.300 and The Code of Judicial Conduct Cannon 3 (b) and (E) (2); under the authority of Enter Leasing C. V. Jones. 789 So.2d 964, 968 (Fla. 2001), and files this, his Motion to Disqualify/Recuse the presiding Final Court Judge, Circuit Judge Chris Helinger, and for good cause would shows as follows: The Petitioner, Movant, has not received fair hearings or trial and has a genuine and real fear he will not receive fair hearings or trial in the future.
The Trial Court/Presiding Judge in issuing Orders of Denial Or Dismissals has repeatedly stated he has reviewed the ""Motions""; record and applicable law, however, his rulings effectively and repeatedly demonstrate he has in fact failed to review the records for defects clear on the face of the records such as, missing signatures of Alan Boyd Curtis or his counsel on instruments accepting terms and conditions of probation; conditions not mandated by law and not part of a negotiation Plea Agreement. Conditions unilaterally imposed by another Judge and has failed to apply the proper law to the facts. The presiding Judge believes he has no authority to correct a Manifest Injustice.
The Trial Court/Presiding Judge has knowledge that Assistant State Prosecutors have worked with other Agency(s) and Agent(s) to fabricate Affidavits against Alan Boyd Curtis to gain a conviction and has failed to take appropriate legal action against the Assistance State Attorney, James A, Hellickson, to protect Alan Boyd Curtis and others from harm.
The Trial Court/Presiding Judge is bias and prejudice in favor of Assistance State Prosecutors who knowingly fabricate Affidavits; Conceal Evidence and Breach Promises to foreign governments to gain Illegal Convictions and Sentenef-s and has failed to take appropriate legal action for those responsible; protect the rights of Alan Boyd Curtis guaranteed by the United States and Florida Constitutions.
The Trial Court/Presiding Judge has effectively and repeatedly demonstrated by rulings that he lacks knowledge of jurisdictional issues, as to what is mandated to invoke the Court's jurisdiction; the limits imposed on the Court's jurisdiction and, has exercised jurisdiction where he has none and fails to understand a Court's inherent authority to correct a Manifest Injustice when clear upon the face of the records, once this Petitioner invokes jurisdiction.
The Trial Court/Presiding Judge has filed, or refuses to address and rule upon this Petitioner's jurisdictional challenges which appear clear on the face of the record of which the presiding Judge has authority to grant hearings on a Jurisdictional Challenge and rule upon the merits, as required by law.
The Trial Court/Presiding Judge has exercised jurisdiction where he has none and fails to exercise jurisdiction and authority once invoked by this Petition, to grant relief entitled to the Petitioner or provide proper remedy. The Trial Court/Presiding Judge fails to understand his inherent authority pursuant to the Constitution of the State of Florida, Article I, Section 13 and exercise that authority when called upon to do so.
The Trial Court/Presiding Judge believes his Post-Conviction authority is limited to Florida Rules of Criminal Procedure, Rule 3.850 (b) and 3.800 (a), with which to grant relief.
The Trial Court/Presiding Judge condones Fraud; Brady and Giglio violations by State Prosecutors or Assistant State Prosecutors to gain convictions allowing the acts to go uncorrected while the acts are allowed to continue by those same State Officials against others.
The Trial Court/Presiding Judge has actual factual evidence of the facts and fails to act upon them. The Trial Court/Presiding Judge lacks knowledge of International Treaties on Extradition, specifically: the United States — Spain Treaty on Extradition, May 29, 2970; Diplomatic Negotiations; Diplomatic Notes of Foreign Court Orders Limiting this court's jurisdiction on what punishment could or could not be imposed upon the Petitioner. The Trial Court/Presiding Judge lacks knowledge that the State and this Court must yield to Federal Law and lacks knowledge or the Doctrine of Dual Criminality or Specialty and thereof lacks the ability to grant the Petitioner under process of law.
The Trial Court/Presiding Judge is in violation of his Oath of Office to uphold the United States and Florida. Constitutions in full and repeatedly issues threats of sanctions improperly.
Therefore, the Petitioner has an actual fear of the presiding, the Trial Court/Presiding Judge to uphold and protect the Petitioner Constitutional Rights as Guaranteed by the United States and the Florida Constitution and the Petitioner has suffered damage as a result. Thus, the Petitioner ""Demands"" that The Trial Court/Presiding Judge Disqualify/Recuse himself and refuse to sit in any case involving Alan Boyd Curtis.