08/01/2020
District Court, Otero County, Colorado
Court Address: 13 W. Third Street #207
La Junta, Colorado 81050
PEOPLE OF THE STATE OF COLORADO vs.
Defendant: John Sheridan
Attorney or Party Without Attorney: (Name & Address)
Ryan Montgomery #33415
DEPUTY DISTRICT ATTORNEY
311 SANTA FE AVENUE
LA JUNTA, CO 81050
PHONE: (719) 384-8786
FAX: (719) 384-7330
Case Number:
05CV15 - A
Div.: A
PEOPLE’S RESPONSE BRIEF & MOTION TO DISMISS APPEAL
COMES NOW, RODNEY FOURACRE, District Attorney within and for the Sixteenth Judicial District of the State of Colorado in the name and by the authority of the People of the State of Colorado hereby files this motion to dismiss the appeal of the above-captioned appellant-defendant, and as grounds for this motion states the following:
Mr. Sheridan was convicted on December 9, 2004, after a trial to the Court in Otero County Court of:
Driving Under Restraint, a violation of C.R.S. § 42-2-138(1)(a),**
Driving Without a Valid Operator’s License, a violation of C.R.S.§ 42-2-101,**
Safety Belt Violation, a violation of C.R.S. § 42-4-237(2),
Compulsory Insurance Law Violation C.R.S. § 42-4-1409(2), and**
Failure to Use Turn Signal, a violation of C.R.S. § 42-4-903(1).
** (a., b. and d. above are traffic misdemeanors and are criminal matters) see C.R.T.I. 2., C.R.S. § 42- 292.7(2).
Thereafter, Mr. Sheridan Filed a Notice of Appeal on January 14, 2005, the time for filing a notice of appeal having expired on Monday, January 10th, 2005 pursuant to C.R.Cr.P. 37(a). An attempt to file an inadequate notice of appeal occurred on the 10th of January, without a proper designation, as required by C.R.Cr.P. 37(b); the purported notice of appeal lacking in particularity. The People do not know when the docket fee was paid. Since Mr. Sheridan’s notice of appeal, service on The People was untimely, his appeal must be dismissed.
Under C.R.Cr.P. 37(e), Mr. Sheridan may not file supplemental briefs after his initial brief, before The People’s Answer Brief. He may file a reply brief within ten days of the filing of this Answer Brief. Therefore, the people will entertain arguments only in Mr. Sheridan’s Opening Brief.
Although the issues presented by him are somewhat unclear, The People treat Appellant’s arguments to claim:
that the Otero County Court lacked jurisdiction over him due to his alleged membership in a purported native American tribe, and
that the People do not have standing to pursue charges due to Mr. Sheridan’s alleged position as an official in a tribe, amounting to a claim of diplomatic immunity,
that The People lacked standing to bring a criminal action, (Number 8. defendant’s opening Brief)
that the People have not exhausted their “administrative remedies,” or in the alternative, there is no final “agency action,”
With regard to the arguments of jurisdiction, we urge the Court to consider the following:
C.R.S.A. § 13-6-106
Title 13. Courts and Court Procedure
Courts of Record
County Courts
Establishment and Jurisdiction
§ 13-6-106 Original criminal jurisdiction
�(1) The county court shall have concurrent original jurisdiction with the district court in the following criminal matters:��(a) Criminal actions for the violation of state laws which constitute misdemeanors or petty offenses, except those actions involving children over which the juvenile court of the city and county of Denver or the district courts of the state, other than in Denver, have exclusive jurisdiction;�
Mr. Sheridan was charged with a criminal offense, and placed himself in the jurisdiction of the court by driving a motor vehicle in this State.
Mr. Sheridan is not a member of a recognized Native American tribe, which is supported by the County Court’s file showing the following federal statute:
25 U.S.C.A. § 1242��United States Code Annotated
Title 25. Indians
Miscellaneous
Pembina Band of Chippewa Indians: Distribution of Judgment Fund
§ 1242. Membership rolls; preparation; eligibility; excluded persons
�The Secretary of the Interior shall prepare a roll of all persons born on or prior to and living on July 29, 1971, who are lineal descendants of members of the Pembina Band as it was constituted in 1863, except that persons in the following categories shall not be so enrolled:
those who are not citizens of the United States;
those who are members of the Red Lake Band of Chippewa Indians; and
those who participated in the Mississippi, Pillager, and Lake Winnibigoshish Chippewa Band awards under the provisions of sections 594 and 594a of this title.
… (emphasis added)
The Pembina band is specifically excluded from membership, and this band does not appear on the Bureau of Indian affairs list of recognized tribal entities.
Subchapter 450b of the above-reference United States Code defines an Indian (Native American) as follows:
(d) "Indian" means a person who is a member of an Indian tribe
Mr. Sheridan is not a member of an Indian tribe, and is therefore not an Indian, ersatz; he is not a Native American. Assuming, arguendo, that Appellant was an Indian; he would not be entitled to any diplomatic immunity or otherwise. He submitted himself to the jurisdiction of the County Court by entering it on a highway, by signing the summons, and, as set out above, committing a criminal act.
The remainder of Mr. Sheridan’s Claims is too poorly articulated to warrant a response. They do not assert any kind of error or standard of review, and the undersigned attorney will not perform this task for the defendant.
The time for reply was tolled by Mr. Sheridan’s filing of a supplemental brief, such that this brief is timely filed. If the Court finds otherwise, the People move this Court for an enlargement of time necessary to accept this reply.
WHEREFORE, the undersigned Deputy District Attorney respectfully moves this Court to grant this Motion to Dismiss, to summarily deny defendant’s appeal, it accompanying this Response Brief, affirm the ruling of the Otero County Court.
Respectfully Submitted this 18th day of February, 2005
Rodney Fouracre #15573
District Attorney
BY:
Ryan Montgomery, # 33415
Deputy District Attorney
311 Santa Fe Avenue
La Junta, Colorado 81050
District Court, Otero County, Colorado
Court Address: 13 W. Third Street #207
La Junta, Colorado 81050
PEOPLE OF THE STATE OF COLORADO vs.
Defendant: John Sheridan
Attorney or Party Without Attorney: (Name & Address)
Ryan Montgomery #33415
DEPUTY DISTRICT ATTORNEY
311 SANTA FE AVENUE
LA JUNTA, CO 81050
PHONE: (719) 384-8786
FAX: (719) 384-7330
Case Number:
05CV15
Div.: A
ORDER
The Court, having been advised in the premises, and having examined the Motion, finds said motion to be meritorious.
The Court hereby
Dismisses the Defendant’s Appeal.
DONE THIS day of February, 2005.
BY ORDER OF THE COURT
Date Judge