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8/9/2019 09-3590 Reply Brief
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IN THE DISTRICT COURT OF APPEALIN AND FOR THE STATE OF FLORIDA
FIFTH DISTRICT
5DCA CASE NO.: 5D09-3590
Theresa Marie MARTIN, ) in an appeal from summary denialsPetitioner/Appellant, ) of collateral relief from traffic court
)v. ) Citrus County Circuit Court cases:
) 2009-AP-2088 & 2009-CA-3729State of FLORIDA, )
Respondent/Appellee, ) The Honorables Yerman & Merritt,) Fifth Judicial Circuit, at Inverness
_______________________________ ) ________________________________
Reply Brief of Appellant
On matters now coming to review from:In the Circuit Court of the Fifth JudicialCircuit in and for Citrus County, Florida
(Attorney for the Appellant): (Attorney for the Appellee):
Theresa M. Martin,pro se Office of the Attorney General10918 Norwood Avenue 444 Seabreeze Blvd., 5th FloorPort Richey, FL 34668 Daytona Beach, FL 32118
Betty Strifler, ClerkClerk of the Circuit Court110 N. Apopka Avenue
Inverness, FL 34450
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Table of Contents
TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
SUMMARY OF THE ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 01
ARGUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03
I. Regardless of this Courts ruling, the underlying matters shall be raisedthrough upcoming damages litigation in the United States District Court
. . . . . . . . . . . . 03
II. Mr. Corrente has chosen poorly, in attempting willful and reckless fraudupon this Court, therefore also placing himself into a precarious position
. . . . . . . . . . . . 04
III. The State of Florida has conceded the vast majority of errors as claimed,by established operation of law, unethically whitewashed all remainingstatements, and is estopped by its unclean hands throughout these matters
. . . . . . . . . . . . 07
IV. Theresa is clearly entitled to judgment in her favor, as a matter of law. . . . . . . . . . . . 14
V. This Courts ruling will influence the final selection of civil defendants. . . . . . . . . . . . 15
CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CERTIFICATE OF SERVICE
CERTIFICATE OF COMPLIANCE
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Table of Authorities
United States Cases
Pointer v. Texas, 380 U.S. 400 (1965) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Strickland v. Washington, 466 U.S. 668 (1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9United States v. Throckmorton, 98 U.S. 61, 25 L.Ed. 93 (1878) . . . . . . . . . . . . . 15
Federal Statutory Law
18 U.S.C. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 U.S.C. 241 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 U.S.C. 242 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
18 U.S.C. 371 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 U.S.C. 1341 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 U.S.C. 2722 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 U.S.C. 2724 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642 U.S.C. 666 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Florida State Cases
Epstein v. Epstein, 915 So. 2d 1272, 1275 (Fla. 4th DCA 2005) . . . . . . . . . . . . . 13
Hauer v. Thum, 67 So. 2d 643, 645 (Fla.1953) . . . . . . . . . . . . . . . . . . . . . . . . . . 13Marin v. Seven of Five Ltd., 921 So. 2d 699, 700 (Fla. 4th DCA 2006) . . . . . . . . 13
Rodriguez v. State, 753 So. 2d 29 (Fla. 2000). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Yost v. Rieve Enters., Inc., 461 So. 2d 178 (Fla. 1st DCA 1984) . . . . . . . . . . . . . . 13
Florida Statutory Law
112.3175, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
320.07, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9 322.34, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 454.11, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 760.51, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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817.03, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 817.034, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 817.29, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 817.49, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 817.569, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 837.06, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 838.022, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 839.11, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 839.13, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 839.24, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 12 843.14, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 876.23, Fla. Stat. (2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Florida Rules of Court
Civil Rules
Fla.R.Civ.P. 1.110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Fla.R.Civ.P. 1.140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Professional Conduct
Rule 4-1.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-1.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-1.16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-3.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-3.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-3.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-3.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-4.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-8.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-8.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-8.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Rule 4-5.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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IN THE DISTRICT COURT OF APPEALIN AND FOR THE STATE OF FLORIDA
FIFTH DISTRICT
5DCA CASE NO.: 5D09-3590
Theresa Marie MARTIN, ) in an appeal from summary denialsPetitioner/Appellant, ) of collateral relief from traffic court
)v. ) Citrus County Circuit Court cases:
) 2009-AP-2088 & 2009-CA-3729State of FLORIDA, )
Respondent/Appellee, ) The Honorables Yerman & Merritt,) Fifth Judicial Circuit, at Inverness
_______________________________ ) ________________________________
Reply Brief of Appellant
Summary of the Argument
All of the cards are now being played upon the table, face up, to see who really
has the better hand. Of course, all the facts and the law, i.e., the trump cards, have
always been categorically in Theresas favor, from the first moment that the State
of Florida chose to veer away from the written, well-established law, in regards to
literally every single facet of these issues, after swindling the underlying matters.
Having completely defrauded Theresa and her various Constitutional, statutory,
and other legal rights, at nearly every step of the way, in not only the underlying
family court case(s), as the primary circus of errors, but also within the secondary
matter of administrative suspension, and then even in these tertiary enforcements
through criminal proceedings, all state administrative remedies have been sought.
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Further, the State of Florida has gotten away with its buffoonery of criminal acts
long enough to have permanently devastated Theresa and what once were her two
minor children, as years of Floridas fraud have ticked by, and they are now adults.
Accordingly, all parameters have closed full circle, and the next guaranteed stop
is at and through the United States District Court, for satisfaction in civil damages,
federal prosecutions as are mandated by certain statutes, and other remedial relief.
No matter what ruling and decision of this Court results, that step shall follow.
Unfortunately for himself, Assistant Attorney General Corrente has apparently
chosen to completely disregard his mandated ethics duties under law, and has now
attempted great and tremendous fraud upon this Court, subjecting him to be named
as yet another co-defendant within that same impending federal court proceeding.
Regardless, and by automatic operation of law, the State has now admitted the
large majority of Appellant Theresas legal, Constitutional, and due process claims
in error, already entitling Theresa to judgment as a matter of law. Additionally, the
State has willfully violated its ethics duties under rule and law, by a whitewash of
the remaining claims addressed, and, in any event, is estopped by unclean hands.
All things considered, Theresa is fully entitled to judgment in her favor, not only
from the affirmative aspects of due process violations and legal impossibility, but,
also, due to the States continuing and still-present disdain for honor, law and rule.
This Courts ruling could be the key for a limited selection of civil defendants.
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Argument I
Regardless of this Courts ruling, the underlying matters shall be raised
through upcoming damages litigation in the United States District Court
Even every common, uneducated prospective juror, who is otherwise ignorant to
finer points and nuances of law, would still, surely, have absolutely no hesitation,
whatsoever, in immediately finding the State of Florida, the County of Pasco, and
the County of Citrus, along with each duly-advised official, attorney and/or other
person named as co-defendants in their individual and official capacities, wholly,
completely and enormously guilty of flagrant, willful and incredibly wanton acts of
fraud, violations of civil rights, knowing breaches of oaths and abuses of power (as
applicable), and also utterly guilty of all the intentional acts that comprise the bases
for charging crimes of conspiring to commit or committing obstructions of justice,
intimidations, extortions, conversions, treason, thefts and several other penal types.
Indeed, other than time spent on determination(s) of the amounts of reasonable
and satisfactory damages to be awarded in Theresas favor, the Jurys adjudication
of mere guilt and liability may take no more than ten (10) or fifteen (15) minutes,
and such findings are to be expected after such a flagrant, system-wide meltdown
against even the most basic concepts of societal norms, lawfulness, and fair play.
The simple fact of the matter is that knowingly pulling a fast one over every
aspect of written law, to swap child custody to a convicted molester, will never fly,
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and neither will suchfantastic fruit of the poisonous tree screw-ups by just about
every single official, employee and/or agent having been directly involved in these
matters, including the apparent total incompetence and utter inability of each same
person to be able to read clear statutory law and follow it, even when it pertained to
their own well established duties, and some even unable to use a simple calculator.
But, the worst overall fact is that every such person was faced with the obvious,
inescapable, flagrant error of basing everythingthey were doing upon an award of
child custody somehow mistakenly given to a four-time convicted child molester,
and yet, not a single one of these official personnel performed even *one* iota of
correction, whatsoever, despite their clear legal duties otherwise, while several of
the same persons did also carry out willful, affirmative acts in conspiracy thereto.
In other words, the experience of Theresa is that the entire, system-wide chain of
command, at every level, throughout the judicial and executive branches of Florida
and its certain County government(s), is all utterly incompetent, in every manner,
and there is absolutely no question regarding filing suit in the U.S. District Court.
Argument II
Mr. Corrente has chosen poorly, in attempting willful and reckless fraud
upon this Court, therefore also placing himself into a precarious position
Having hoped for fairness and ethics, Mr. Corrente has shattered his legal duty
thereto, by affirmatively acting to either further and/or conceal manifest injustices.
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As detailed further within Argument III, infra, Mr. Correntes abominable acts
committed within these matters comprise, at minimum, willful violations against:
1) the Florida Rules of Professional Conduct, including at least Rule 4-1.1Competence; Rule 4-1.2 Objectives and scope of representation, specifically (d)
Criminal or Fraudulent Conduct; Rule 4-1.16 Declining or Terminating
Representation, specifically (a)(1), (a)(4) and (a)(5) thereunder; Rule 4-3.1
Meritorious Claims and Contentions; Rule 4-3.3 Candor Toward the Tribunal,
specifically (a) False Evidence, Duty to Disclose, and (b) Criminal or
Fraudulent Conduct; Rule 4-3.4Fairness to Opposing Party and Counsel; Rule
4-3.5 Impartiality and Decorum of the Tribunal, specifically (a) Influencing
Decision Maker; Rule 4-4.1 Truthfulness in Statements to Others; Rule 4-8.2
Judicial and Legal Officials, specifically (a) Impugning Qualifications and
Integrity of Judges or Other Officers; Rule 4-8.3 Reporting Professional
Misconduct, specifically (a) and (b) thereunder; and, Rule 4-8.4 Misconduct,
specifically (a), (b), (c), (d) and (f) thereunder; as well as also implicating his
boss in this matter, Florida Attorney General Bill McCollum, under Rule 4-5.1
Responsibilities of Partners, Managers, and Supervisory Lawyers;
2) the State of Florida penal code, including, but limiting space in example,F.S. 817.03 Making false statement to obtain property or credit; F.S.
817.034 Florida Communications Fraud Act; F.S. 817.29 Cheating; F.S.
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817.49False reports of commission of crimes; F.S. 817.569 Criminal use of a
public record or public records information; F.S. 837.06 False official
statements; F.S. 838.022 Official misconduct; F.S. 839.11 Extortion by
officers of the state; F.S. 839.13Falsifying records; F.S. 839.24Penalty for
failure to perform duty required of officer; F.S. 843.0855 Criminal actions
under color of law or through use of simulated legal process; F.S. 843.14
Compounding felony; F.S. 876.23 Subversive activities unlawful; etc., and,
3) the United States penal Code, including, but limiting space in example,18 U.S.C. 4; 18 U.S.C. 241; 18 U.S.C. 242; 18 U.S.C. 371; 18 U.S.C.
1341; 18 U.S.C. 2722; and, etc., etc., etc See also, e.g., 18 U.S.C. 2724.
Accordingly, and unless this Honorable Court can move affirmatively to correct
manifest injustice, thereby mitigating Mr. Correntes injuries herein, it would seem
that his choice to attempt fraud upon this Court will result as very unwise, indeed.
Of course, any reasonable person holding an office of public trust is expected to
choose the side of the written law, and precisely notto sully the higher example of
purity, integrity and respect of the law that society must demand in such a person.
But, frankly, any attorney with nearly thirty (30) years of experience, and over a
dozen years of experience as Board Certified in and for criminal appeals, has no
plausible excuse for the commission ofany form of criminal conduct, whatsoever,
and Mr. Correntes career, and future, are now within the hands of this wise Court.
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Argument III
The State of Florida has conceded the vast majority of errors as claimed,
by established operation of law, unethically whitewashed all remaining
statements, and is estopped by its unclean hands throughout these matters
The State opened its Answer Brief with the following sentence and statement:
Appellants statement of the case and facts is substantially accurate for the
purposes of this appeal, with the following additions and emphasis: (emphasis)
Pursuant to its own affirmative, legally-binding admissions, and doubly-backed
by automatic operation of law, would the State have failed to deny or address the
same averments, in any manner (see, e.g.; Florida Rules of Civil Procedure: Rule
1.110(c) and (e); also Rule 1.140(b), (g) and (h); and, etc.), the State has, therefore,
affirmatively admittedthe absolute, legal truth of the following facts not denied:
1) Theresa was twice awarded as custodial parent to her then-minor children;2) Without appeal, the two family court judgments both became res judicata;3) Theresas ex-husband, the convicted child molester, could not, and cannot,
possibly have obtained any lawful form of child custody in the courts of Florida;
4) Accordingly, any such orders or schemes contrary to law are, in fact, fraud,void and/or voidable, also unenforceable, and exist only as the poisonous tree;
5) There can be, nor are, any lawful or enforceable rights or interests therein,and all such subsequent actions are legal nullities, as fruit of the poisonous tree;
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6) Accordingly, all relevant actions taken by the State of Florida, its officials,employees, and/or agents, based upon that poisonous tree, particularly all of
the matters of ostensible child support enforcement taken as against Theresa,
including garnishments against her income and tax returns, and all matters of
ostensible child support arrears, including administrative suspension of her
drivers license, are each and every one, complete and utter nullities of the law,
legally exist only as violations of Theresas constitutional and due process rights
to her life, liberty, and property, and equate directly to various civil and criminal
violations of the law, present and ongoing today, by various Florida personnel;
7) That validity of suspension is, in fact, not only an element of the criminalcharge as originally alleged by the State, but is, indeed, the major key element,
subjected to all manner of due process procedures, before the State can convict;
8) That the State, itself, fraudulently charged Theresa with an utterly bogus,second misdemeanor, under F.S. 320.07(3C),second or subsequent offence;
9) That certain officials and actors of the State criminally violated federal law,by totally erasing the ex-husbands entire $10K+ child support debt, in willful
violations of 42 U.S.C. 666(a)(9)(c), i.e., the federal Bradley Amendment;
10) That both Judge Yerman and Judge Merritt feloniously and tortiously diddeny, inhibit and prevent Theresas statutorily-mandated, full and pauper access
to transcripts of the trial court proceedings, in attempted obstructions of justice;
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11) That the trial court and reviewing court both unlawfully violated Theresasabsolutely-established, constitutional rights to confront her State accusers within
the criminal trial, as pertained to any Florida State or local governmental action
to enforce any aspect of child support enforcement against her. SeePointer v.
Texas, 380 U.S. 400, 404 (1965) (declaring that the right of cross-examination is
one of the safeguards essential to a fair trial). Again, confronting the messenger
does not meet the due process requirement; cross-examining the messenger is
insufficient. SeeRodriguez v. State, 753 So. 2d 29 (Fla. 2000);
12) That Theresas public defender was strictly, categorically, and manifestlyineffective, under the requirements of Strickland v. Washington, 466 U.S. 668
(1984), for: (a) failing to challenge, whatsoever, the States facially-fatal charge
made under F.S. 320.07(3C); (b) failing to profferany defense, either existing
or prepared, whatsoever, when asked by the trial court in open hearing; and, (c),
even all the strict errors listed within the Initial Brief, at 24-25, under (a)-(g);
13) That Theresa had affirmatively stated, during plea sentencing hearing, thatshe was only taking the plea because she believed she could not get a fair trial;
14) That Theresa had been affirmatively coerced under extreme and manifestduress to take the plea bargain, constituting wholly unlawful process, various
criminal acts by Citrus County personnel, and necessitating immediate vacating
or reversal of the instant conviction, all as one or more strict matters of law;
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15) That the trial court illegally and unconstitutionally sentenced Theresa to aterm of probation time that exceeded the maximum aggregate jail time, and that
the trial court further illegally placed Theresas probation with the department;
16) Theresa was utterly denied any fair, competent and meaningful review onlower appeal, particularly admitting that Judge Merritt did, in fact, know and/or
then also willfully commit each and every item listed in the Initial Brief, at 34-
36, (a)-(t), and in the Initial Brief, at 36-37, 1)-17); and, accordingly also,
17) That Theresa is entitled to various manner of relief, including vacatingconviction and sentence, reimbursement of all costs and direct expenses, and,
via power of writ(s), to further compel DOR and DMV remediation actions.
Now, if none of these violations amount to what Mr. Corrente keeps fictitiously
referring to as [no] basis to find a departure of the essential requirements of law,
then, simply said, even basic due process no longer exists in the State of Florida.
As if clearly not already more than enough facts, evidence, law, mandated duties
and truth, all categorically in Theresas legal and equitable favor, the State, via its
flagrantly-unethical counsel, Mr. Corrente, has acted in affirmative bad faith to try
and whitewash the few issues that were weakly, even fraudulently, addressed...
For example, the State, via counsel, opens with admitting Theresas statements
of fact and of the case are, in fact, substantially accurate in these matters, and
even adds additionalfacts in support of Theresas Record, yet then did also turn
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around and directly contradicted itself, by stating: Appellant raises 8 issues in her
initial brief, none of which are supported by the record. (Answer Brief, at 6).
Several times, the State, via counsel, fraudulently attempts to treat a non-fact as
a fact, in quoting the trial court as explaining something to Appellant Theresa,
as if opposing counsels conclusory and bald statements are somehow the law, as
existing against Theresas favor, when the actualtruth of law is directly opposite.
For example, States counsel fraudulently states, and misleads as a fact, that
[t]he trial explained that Appellant could not challenge a Pasco Circuit Court
Order in Citrus County Court. (S1 18-19) (Answer Brief, at 1). However, the trial
court was actually acting in gross incompetence by its unconstitutional violations
against due process procedure, and counsel Corrente had been already served with
plenty of direct authority to the contrary, in that fraud vitiates all judgments, and in
that collateral attacks against any such void and/or voidable judgment may also be
raised by the affected party, in any court, and at any time, all as even confirmed by
the appellate decisions of *this* Court. (Initial Brief, at 14-15, and at 17-18).
Likewise, at other times in his Answer Brief, States counsel has affirmatively
mislead this Court again, in falsely substituting the implication of a legal fact, by
improperly using the word explained as a conclusory statement in reference to
the trial court judge, when, each time, in fact, the trial court judge was actually and
flagrantly violating Theresas Constitutional, due process, and/or statutory rights.
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Accordingly, Mr. Corrente, counsel for the State, has not only violated his due
diligence aspects of ethics rules, but has also improperly presented false argument
for purposes of fraud, delay, and/or to otherwise mislead and confuse the tribunal.
Moreover, having duly received service of both arguments and complaints along
with actual, officially-documented proof, via the Record herein, of manifest crimes
against Theresas civil, constitutional and due process rights, by both Yerman and
Merritt, Mr. Correntes mandated legal duties, were and are, in fact, as Assistant
Attorney General, to cause an immediate investigation against Yerman and Merritt,
pursuant to the requirements of F.S. 760.51, instead of fraudulently misleading
this Court, and attempting to obstruct justice herein, in a scheme to further criminal
concealment of the same acts. See also F.S. 112.3175(1)(b)2 and F.S. 839.24.
Accordingly, not only have Mr. Corrente and the State of Florida increasedtheir
direct criminal culpability herein, but they have violated direct conflicts of interest.
See Argument II, supra, for references to some of Mr. Correntes violations of
the Rules of Professional Conduct. (Reply Brief, at 4-6). See also F.S. 454.11.
Regardless, the State is already estopped from seeking any judgment in its favor,
because these issues were all created by its own utterly unclean hands, as its own
choosing to consistently disregard not onlyits own written laws, but all other duly
advised authorities provided to each and every involved agent and entity along the
way, both in underlying Pasco County matters, and herein, lower and again now
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The alternatively-titled legal doctrines of unclean hands and clean hands are
one and the same. It is the well-established principle that a party who has acted
unethically or in bad faith in relation to a lawsuit will not win the suit or be granted
equitable relief by the court. The unclean hands doctrine may be asserted by a
defendant who claims that the plaintiff acted with unclean hands with respect to the
matter in litigation. See Yost v. Rieve Enters., Inc., 461 So. 2d 178 (Fla. 1st DCA
1984) ("There is no bar to applying the doctrine of unclean hands to a case in
which both the plaintiff and the defendant are parties to a fraudulent transaction
perpetrated on a third party."); see alsoHauer v. Thum, 67 So. 2d 643, 645 (Fla.
1953) ("It would matter not that the [defendants] were parties to the fraudulent
transaction nor that the fraud was perpetrated upon a third party."); Marin v. Seven
of Five Ltd., 921 So. 2d 699, 700 (Fla. 4th DCA 2006) ("Generally, the conduct
constituting the unclean hands must be connected with the matter in litigation.")
The in pari delicto doctrine is a corollary of the unclean hands doctrine which
also requires that no one shall be permitted to profit from his own fraud or
wrongdoing Yost,supra, 461 So. 2d 178, at 184. The Fourth District inEpstein v.
Epstein, 915 So. 2d 1272, 1275 (Fla. 4th DCA 2005), aptly described the doctrine:
The clean hands doctrine "applies not only to fraudulent and illegal transactions,but to any unrighteous, unconscientious, or oppressive conduct by one seekingequitable interference in his own behalf." . . . He who has acted in bad faith,resorted to trickery or deception, or been guilty of fraud, injustice, or unfairnesswill appeal in vain to a court of conscience, even though in his wrongdoing hemay have kept himself strictly 'within the law.'Id. (citations omitted).
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Argument IV
Theresa is clearly entitled to judgment in her favor, as a matter of law
Although the State of Florida, vis--vis Citrus County, initially had what looked
like aprima facie case against Theresa for driving on a suspended license, the issue
of validity became not only one of the must elements to be proven by the State,
but actually became the key and pivotal elementto the entire case, for both parties.
In fact, the criminal charging statute, itself, F.S. 322.34(2), expressly includes
the key element of the validity of administrative action, within its own written
language: canceled, suspended, or revoked as provided by law
Also, the State has now also made legally-binding admissions of all facts in the
direct support of agreeing that the administrative suspension of Theresas drivers
license over child support arrears was void ab initio, due to manifest fraud upon
Florida law, as well as upon Theresas constitutional, civil and due process rights.
Indeed, the actual facts of the matter herein are that Theresa has essentially done
nothing wrong, at all, and that it is the State of Florida, itself, that has horrifically
unclean hands throughout the entire history of these proceedings, both within the
twin underlying Pasco County matters of family court and child support processes,
(the poisonous tree), then also by administrative suspension, then yet again, by
criminal charges, and then even yet again, by the States affirmative acts of fraud
committed within this appeal (by its counsel). Each of these State actions is flatly
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null and void, completely fraudulent, many are also direct criminal acts, and in no
way are any of these acts protected from any attack, either direct and/or collateral.
Indeed, the State has admitted all facts in support of Theresas actual innocence.
There is no question of the general doctrine that fraud vitiates the most solemn
contracts, documents, and even judgments. United States v. Throckmorton, 98
U.S. 61, 68, 25 L.Ed. 93 (1878). Accordingly, the State of Florida gets nothing.
Argument V
This Courts ruling will influence the final selection of civil defendants
Theresa already has ample defendants for federal suit, and is in no need to name
multiple others... This Court is asked to simply grant her full justice, deal with Mr.
Correntes actions, itself, and,so, allow Theresa to focus her attentions elsewhere.
Conclusion
Accordingly, Theresa is absolutely entitled to all the relief that she seeks herein,
enumerated and provided previously unto the Court. See Initial Brief, at 44-45.
WHEREFORE, your undersigned hopeful Appellant, Theresa M. Martin, prays
and moves this Honorable Court to simply grant her true and lawful justice and
equity, and so now moves for all appropriate relief deemed wise and proper herein.
Respectfully submitted,
_______________________Theresa M. Martin
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IN THE DISTRICT COURT OF APPEALIN AND FOR THE STATE OF FLORIDA
FIFTH DISTRICT
5DCA CASE NO.: 5D09-3590
Theresa Marie MARTIN, ) in an appeal from summary denialsPetitioner/Appellant, ) of collateral relief from traffic court
)v. ) Citrus County Circuit Court cases:
) 2009-AP-2088 & 2009-CA-3729State of FLORIDA, )
Respondent/Appellee, ) The Honorables Yerman & Merritt,) Fifth Judicial Circuit, at Inverness
_______________________________ ) ________________________________
CERTIFICATE OF SERVICE
I hereby certify: that on this __29__ day of March, 2010, a true and complete
copy of the foregoing reply brief of appellant, by depositing the same in the United
States mail, first class postage preaffixed, has been duly served upon:
(Attorney for the Appellee):Carmen F. CorrenteOffice of the Attorney General444 Seabreeze Blvd., 5th FloorDaytona Beach, FL 32118
/s/ Theresa M. Martin____________________________Theresa M. Martin
Appellantpro seTheresa M. Martin10918 Norwood AvenuePort Richey, FL [email protected]
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IN THE DISTRICT COURT OF APPEALIN AND FOR THE STATE OF FLORIDA
FIFTH DISTRICT
5DCA CASE NO.: 5D09-3590
Theresa Marie MARTIN, ) in an appeal from summary denialsPetitioner/Appellant, ) of collateral relief from traffic court
)v. ) Citrus County Circuit Court cases:
) 2009-AP-2088 & 2009-CA-3729State of FLORIDA, )
Respondent/Appellee, ) The Honorables Yerman & Merritt,) Fifth Judicial Circuit, at Inverness
_______________________________ ) ________________________________
CERTIFICATE OF COMPLIANCE
I hereby certify that the lettering contained within this reply brief is Times New
Roman 14-point font and complies with the font requirements of Florida Rule of
Appellate Procedure 9.210(a)(2).
/s/ Theresa M. Martin____________________________Theresa M. Martin
Appellantpro seTheresa M. Martin
10918 Norwood AvenuePort Richey, FL [email protected]