“corpus delecti”

“In every prosecution for a crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.”  People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.

“In every criminal trial, the prosecution must prove the corpus delecti, or the body of the crime itself-i.e., the fact of injury, loss or harm, and the existence of a criminal agency as its cause.”  People v. Sapp, 73 P.3d 433, 467 (Cal. 2003) [quoting People v. Alvarez, (2002) 27 Cal.4th 1161, 1168-1169, 119 Cal.Rptr.2d 903, 46 P.3d 372.].

“Elements of “corpus delecti,” injury or loss or harm and a criminal agency which causes such injury, loss or harm, need only be proven by a “reasonable probability,” i.e., by slight or prima facie proof…”  People v. Ramirez, 153 Cal.Rptr. 789, 791, 91 C.A. 132.

““Corpus delecti” of crime consists of fact of injury, loss, or harm, and existence of criminal agency as cause.”  People v. Daly, 10 Cal.Rptr.2d 21, 28, 8 CA4th 47.

“Generally, “corpus delecti” of crime is (1) the fact of the loss or harm, and (2) the existence of a criminal agency as its cause.”  People v. Dorsey, 118 Cal.Rptr. 362, 43 CA3d 953.

“There is no requirement of independent evidence ‘of every physical act constituting an element of an offense,’ so long as there is some slight or prima facie showing of injury, loss, or harm by a criminal agency.”  In re I.M., 23 Cal.Rptr.3d 375, 381 (2005).

“The corpus delecti of a crime consists of two elements[:] the fact of the injury or loss or harm, and the existence of a criminal agency as its cause.”  People v. Jones, 949 P.2d 890, 902, 70 Cal.Rptr.2d 793, 17 Cal.4th 279.

“The corpus delecti rule requires that the corpus delecti or the body or substance of the crime charged be proved independent from the accused’s extrajudicial confession or admissions.  The corpus delecti of a crime consists of two elements: (1) the fact of the injury or loss or harm, and (2) the existence of a criminal agency as its cause. [citing] People v Jennings, 53 Cal 3d 334, 279 Cal Rptr 780, 807 P2d 1009, 92 CDOS 2576, 91 Daily Journal DAR 4222, reh den. cert den (US) 116 L Ed 2d 464, 112 S Ct 443…People v Pensinger, 52 Cal 3d 1210, 278 Cal Rptr 640, 805 P2d 899, 91 CDOS 1514, 91 Daily Journal DAR 2504, mod 53 Cal 3d 729a, 91 Daily Journal DAR 4745 and stay gr (Cal) 1991 Cal LEXIS 3318 and reh den. cert den (US) 116 L Ed 2d 290, 112 S Ct 351, 91 Daily Journal DAR 12909, reh den (US) 116 L Ed 2d 821, 112 S Ct 923; State v Pullos, 76 Idaho 369, 283 P2d 590; People v Friedland (1st Dist) 202 Ill App 3d 1094, 148 Ill Dec 415, 560 NE2d 1012; Brown v State, 239 Ind 184, 154 NE2d 720, cert den 361 US 936, 4 L Ed 2d 360, 80 S Ct 375; Joseph v State, 236 Ind 529, 141 NE2d 109, 69 ALR2d 824, cert dism 359 US 117, 3 L Ed 2d 673, 79 S Ct 720; People v Aiken, 66 Mich 460, 33 NW 821; People v Gould, 156 Mich App 413, 402 NW2d 27; State v Simler, 350 Mo 646, 167 SW2d 376; State v Hill, 47 NJ 490, 221 A2d 725; State v Robinson (App. Scioto Co) 83 Ohio L Abs 259, 168 NE2d 328; State v Brown, 103 SC 437, 88 SE 21…there must be sufficient proof of both elements of the corpus delecti beyond a reasonable doubt.”  29A American Jurisprudence Second Ed., Evidence § 1476.

“Without standing, there is no actual or justiciable controversy, and courts will not entertain such cases.  (3 Witlen, Cal. Procedure (3rd ed. 1985) Actions § 44, pp 70-72.)  “Typically, … the standing inquiry requires careful judicial examination of a complaint’s allegations to ascertain whether the particular plaintiff is entitled to an adjudication of the particular claims asserted.”  (Allen v. Wright, (1984) 468 U.S. 737, 752…Whether one has standing in a particular case generally revolved around the question whether that person has rights that may suffer some injury, actual or threatened.”  Clifford S. v. Superior Court, 45 Cal.Rptr.2d 333, 335.

“As a general principal, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real interest in the ultimate adjudication because he or she has either suffered or is about to suffer an injury.”  People v. Superior Court, 126 Cal.Rptr.2d 793.

“Judicial power generally is the power to adjudicate upon the legal rights of persons and property, with reference to transactions or occurrences existing or already had and closed…The judicial function is to ‘declare the law and define the rights of the parties under it.’  Frasher v. Rader, 124 Cal. 133, 56 P. 797…’A determination of the rights of an individual under the existing laws’ is an exercise of judicial power…An essential element of judicial power, distinguishing it from legislative power, is that it requires “the ascertainment of existing rights.”  People v. Bird, 300 P. 22, 26-27.

49 U.S. Code § 31301

(6)

“driver’s license” means a license issued by a State to an individual authorizing the individual to operate a motor vehicle on highways.

(12)

“motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated only on a rail line or custom harvesting farm machinery

 3. WHERE ISSUE OF ABUSE OF FEDERAL FUNDING OR THE CONTRACT THE GOVERNORSIGNED IN ORDER TO GET THE HIGHWAY SAFETY FUNDS 

WHAT'S WRONG WITH THIS DOCUMENT ? ? ?

This document was sent around to a lot of people in the last few days, but there aresome problems with it...Rod has listed them below...THE DOCUMENT LOOKS GOOD AND SOUNDS GOOD. AND, HAS A LOT OF WORDS THAT LOOKVERY IMPRESSIVE, BUT...1. WHERE IS TITLE 49 USC & CFR ?

4. WHERE IS THE DEFINITION OF DRIVER LICENSE'S IN TITLE 49 USC & CFR (CDL OR CMV) ?5. WHERE IS THE DEFINITION OF THE LICENSE PLATE & REGISTRATION AS TO WHO HAS TOHAVE THE PLATE AND REGISTRATION (CDL OR CMV) ?6. THIS DOCUMENT IS MISSING ALL THE KEY ISSUES TO JUSTIFY WHY YOU

DO NOT

COMEUNDER THIS RESTRICTION OF A LICENSE. (CDL OR CMV)

THIS IS WERE WE FALL SHORT

...WE ARE FAILING TO ADDRESS THE

REAL ISSUE

THAT A CDLAND CMV LICENSE, TAG, AND REGISTRATION

ARE FOR THOSE WHO MEET THE CONDITIONSOF THOSE LICENSE'S !THE REAL QUESTION IS:

DO I MET THE CONDITIONS TO HAVE A CDL OR A CMV DRIVER'SLICENSE ?

...NOT

WHETHER I AM A SOVEREIGN, OR A FEDERAL CITIZEN

 !