5DCA Oral Argument - 2025/09/17 - Sep 17, 2025
argument5DCA Oral Argument - 2025/09/17
California Fifth District Court of Appeal
6h 5m
8 chapters
transcribed 2 days ago
official recording ↗
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What case is being called for and what are the basic procedural details?
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
We'll call our second matter today, NRA, the marriage of Dwight Johnson and Tina Frazier Johnson, our case ending number F089046. Mr. Johnson? Yes, please. Good morning, sir. You've asked for 30 minutes. Is that correct?
Yes.
Very good. Before we begin, I just want to let you know we're very familiar with the record in this case and the arguments that you've made. So please keep that in mind. And with that, you can
begin. Thank
you.
If it may please the court, for the record, issue 101.2 challenges jurisdiction. The question of whether the court has jurisdiction only has to be addressed if the plaintiff raises the issue. State v. Bancroft, 293 NC 486, in parentheses, 1977. The plaintiff may assert lack of personal and subject matter jurisdiction at any time. See Wayne Neal FA criminal procedure 16.41 parentheses D in parentheses 3DED.2007. The lack of jurisdiction is not a waivable status. The consequence of this non-waivable status is to preserve objections to a lack of jurisdiction apparent on the face of the record, notwithstanding a failure to present those objections in a timely fashion. Thus, where the charging instrument on its face shows a lack of jurisdiction, the issue may be raised at any time while the case is pending.
I am Chief Dwight McCurtain Johnson, Natchez Nation of Choctaw Descendants Irrevocable Trust, EIN 33-736-05, private, Code of Federal Regulations 83.11, parenthesis E, parenthesis 1, citizen dissent. Fourth great-grandfather, Corporal William McCurtain, Company G, First Choctaw Chickasaw Mounted Rifles. Road date, July 26, 1861. Mustard end to date, July 26, 1861. Joined for duty and enrolled, wear sugar loaf. By whom? Jackson McCurtain. 1896, Dawes roll number, 6014. Choctaw Nation field number, 5555. Roll number by blood, R14051. Wife, Polly McCurtain. Chickasaw card, 1453. Daughter, Jane McCurden Jefferson Butler, Choctaw Nation, Choctaw Field number 5555, Dodge Road number by blood, R14051, transferred from Chickasaw Car 1453.
Son, William McCurden Butler, Choctaw Nation Field number 345. Son, Herman William Butler, Choctaw Nation Field number 345. Daughter, Janet Marie Butler, Choctaw Nation, field number 345. Son, Chief, Dwight McCurden Johnson, field number 555. By blood, Dawes Royal number 14051. Challenges, discourse, jurisdiction. Citizen, pre-14th Amendment, a sovereign state citizen, lowercase s, the de jure body politic of the people, standing derives from the people with unalienable rights secured by the Constitution. One of the people, the original higher authority, the true sovereign body politic acknowledged in the Declaration of Independence and the Constitution's preamble. From the people flows all legitimate power.
They stand above both state citizens and statutory citizens of the United States. The first clause of the 14th Amendment of the federal Constitution made Negroes citizens of the United States and citizens of the state in which they reside, and thereby created two classes of citizen, one of the United States and the other of the state, citizen 1906. The Privileges and Immunity Clause of the 14th Amendment protects very few rights because it neither incorporates any of the Bill of Rights nor protect all rights of individual citizens. C. Slaughterhouse Case, 83 U.S., in parentheses, 16 wall, 36 comma, 21 period, E.D., 394, in parentheses, 1873. Instead, this provision protects only those rights peculiar to being a citizen of the federal government.
It does not protect those rights which relate to state citizens. Special appearance. I am making a special appearance, and the sole purpose of my appearance is to object to this court's lack of personal and subject matter jurisdiction. My appearance is limited in that I am not waiving my right to challenge jurisdiction. By not submitting to personal and subject matter jurisdiction, I avoid the risk of a default judgment being entered against I if this court does not have authority. Points and authority. Invoking the Fifth Amendment. Before 1924, American Indians were not considered US citizens.
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Chapters
8 chapters
1
What case is being called for and what are the basic procedural details?
2:55–24:00
2
How does the appellant argue that the court lacks personal and subject‑matter jurisdiction?
24:00–40:08
3
What historical and sovereign‑citizen arguments are presented to support the jurisdiction challenge?
40:08–3:19:35
4
How does the Fifth Amendment and the 14th Amendment factor into the appellant’s jurisdiction claim?
3:19:35–4:37:59
5
What is the definition and significance of the Youth Parole Eligibility Date (YPED) versus the Minimum Eligible Parole Date (MEPD)?
4:37:59–4:47:29
6
How does the California Code of Regulations address credit‑earning and its impact on YPED advancement?
4:47:29–4:59:48
7
What arguments does the state present to rebut the claim that YPED should be advanced by additional credits?
4:59:48–5:08:49
8
What is the final ruling request and why does the appellant consider the issue moot?
5:08:49–5:59:42