James Alvaro Burbano

2635 East 10th Street

Tulsa, Oklahoma [Zip Exempt]

Supreme Court of Oklahoma

September Term

PETITION FOR WRIT OF HABEAS CORPUS

In Admiralty

Title 28, U.S.C. 1333, 1337

State of Oklahoma

County of Tulsa

To the Supreme Court of Oklahoma (or, in vacation), “TO THE HONORABLE Chief Justice Joseph M. Watt, of The Supreme Court of Oklahoma.”

Your petitioner, Jennifer-Marie:Von Aschen, petitioner, for James Alvaro Burbano prisoner, of Tulsa, Oklahoma, one of the United States of America; complaining, shows that James Alvaro Burbano is detained and/or is illegally restrained of his liberty and is imprisoned by STANLEY GLANZ, Sheriff of  the said County of Tulsa, at the David L. Moss County Jail, 300 North Denver Ave, Tulsa, Oklahoma, 74103 (Tel. 918-596-5701) by a void process of law. 

James Alvaro Burbano is being held without any authority at law, placed into custody by a disqualified hearing officer named DAMAN CANTRELL, UPON AN UNKNOWN CIVIL PROCESS for “Direct Contempt” in a court without jurisdiction.  This “hearing officer”, without any lawful delegation of authority, has then converted this Civil hearing, “Direct Contempt” into a Criminal Direct Contempt—and again; fully under formal disqualification by James Alvaro Burbano—DAMAN CANTRELL then held yet another hearing (as a disqualified judge and without jurisdiction) and once again, held your petitioner James Alvaro Burbano for a second “Direct Contempt” of court.

It is a fact, that no direct contempt has ever occurred before said “hearing officer” DAMAN CANTRELL.  [See Attached Affidavits of Court Watchers whom were present and witnessed the proceedings.]  Further, “hearing officer” DAMAN CANTRELL is factually not of a delegation of authority to find, nor hold anyone in “direct contempt” of court.  No duly elected judge, as required by the Constitution of Oklahoma 1907, has ever been involved in the current matter, or lent his authority in this lower court matter in Tulsa Superior Court case number FD-2004-4392 of which James Alvaro Burbano is restrained of his liberty on.

Your petitioner/prisoner James Alvaro Burbano, further shows, that he has formally demanded in writing against said “hearing officer” DAMAN CANTRELL, the probable cause finding; and the witness against him, who has sworn and subscribed an oath before a magistrate under penalty of perjury, that your petitioner/prisoner, has in fact, committed any crime, or breach of the peace or felony within his presence.

Your petitioner/prisoner, has formally filed the following documents into the record, supporting his formal disqualification of DAMAN CANTRELL, and making formal demand for hearing; and production of records, and offer of proof of the nature and cause of the instant accusation against him, with supporting law; which have gone unheeded, in overt violation of law.  Mr. James Alvaro Burbano has formally filed:

Your petitioner/prisoner James Alvaro Burbano has made formal demand for “Contempt” hearing by the accusing court—yet; that court has remained absent and silent on both the hearing for Contempt, and on the demand hearing for disqualification of judge, which is supported by formal motion, yet ignored in direct violation of the law.

Your petitioner/prisoner James Alvaro Burbano has also made formal demand for the warrant and complaint in support of said warrants supported by affidavit under oath or affirmation, by a competent fact witness under inquiry—Constitution for the United States of America, Amendment the Fourth, or a lawful grand jury indictment in the name of prisoner, for the commitment of said prisoner, and the said STANLEY GLANZ has hither to, has refused, and still refuses to deliver such copy to petitioner/prisoner, but merely detains petitioner/prisoner on mere suspicion and hearsay of said “hearing officer” DAMAN CANTRELL who is factually, without any delegation of lawful authority to hold said petitioner/prisoner James Alvaro Burbano in Direct Contempt of court.  Said respondent’s STANLEY GLANZ and DAMAN CANTRELL both illegally restrain petitioner/prisoner James Alvaro Burbano of his liberty, in direct violation of the law, merely upon the suspicion that he may be guilty of some criminal offense, or further, that said James Alvaro Burbano as his own counsel, has stood up and asserted a positive defense in his lower court case matter, and has asserted his claim of his children and openly challenged the jurisdiction of the lower court, which has invoked a political imprisonment from respondent’s in direct violation of the Constitution of Oklahoma 1907.

 THEREFORE, petitioner/prisoner James Alvaro Burbano prays a writ of habeas corpus [Constitution for the United States in the Year of our Lord 1787, Article I Section 9], in this behalf, to be directed to the said STANLEY GLANZ and returnable forthwith, according to the form of the statute in such cases, made and provided, within five (5) days.

A TRUE BILL--$1,000,000,000.00 for denial of writ of habeas corpus.

State of  MERGEFIELD LITState Oklahoma

County of  MERGEFIELD LITCounty Tulsa

I,  MERGEFIELD ServerName Jennifer-Marie:Von Aschen, the petitioner in the foregoing petitioner named, under the laws of  MERGEFIELD LITState Oklahoma, makes solemn oath and says, that the matters and things in the said petition are true, to the best of his knowledge, information and belief.

                                                                        ___________________________________

                                                                         MERGEFIELD ServerName Jennifer-Marie:Von Aschen, citizen of the

 MERGEFIELD LITState Oklahoma Republic

                                                                        C/O P.O. Box 580730

                                                                         MERGEFIELD LITCity Tulsa,  MERGEFIELD OPPState Oklahoma [74158] by lex domicilii

                                                                        918-836-4046

JURAT

Subscribed and sworn before me, __________________________ , a Notary Public, this _____ day, of September, in  MERGEFIELD LITCity Tulsa,  MERGEFIELD LITState Oklahoma,  in the year of our Lord, Two Thousand Five, A.D. by  MERGEFIELD ServerName Jennifer-Marie:Von Aschen, personally known to me, or proved to me, on the basis of satisfactory evidence, to be the citizen who appeared before me.

                                                                        NOTARY PUBLIC

State of Oklahoma            )

                                    )            ss.

County of Tulsa            )

I am over 18 years of age, and not a party to the within action.  My business address is:

On the ____ day of September, 2005, I served one copy of the following:

I declare under the laws of Oklahoma State that the above is true, correct and complete and certain, and that this Affidavit of Service was executed on September ____, 2005, at Tulsa, Oklahoma.

___________________________

Server:

Subscribed and sworn to before me, this ____ day of September, 2005, in Tulsa, Oklahoma, by Server Name personally known to me, or proved to me, on the basis of satisfactory evidence to be the Citizen who appeared before me..

                                                                        _______________________________

                                                                        NOTARY PUBLIC