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IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, 1

IN AND FOR VOLUSIA COUNTY, FLORIDA 2

Darren Neese,

Appellant,

v.

R J LARIZZA,

Appellee.

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CASE NO:

2014 10008 APCC

LOWER CASE NO:

2013 114783 TRDL

___________________________/ 3

On Appeal from the County Court, 4

In And For Volusia County, Florida 5

________________________________________________ 6

APPELLANT’S INITIAL BRIEF 7

DARREN NEESE 8

________________________________________________ 9

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Darren Neese, Sui Juris 11

1702 N. Woodland Blvd. 12

Suite #116-127 13

Deland, Florida 32720-1838 14

(901) 552-7245 15

darren@neese.name 16

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TABLE OF CONTENTS 1

STATEMENT OF THE CASE .........................................2 2

STATEMENT OF THE FACTS ........................................2 3

CONCLUSION ....................................................5 4

CERTIFICATE OF SERVICE ........................................6 5

CERTIFICATE OF COMPLIANCE .....................................6 6

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STATEMENT OF THE CASE 8

On August 1st 2013, Florida Highway Sergeant John P. 9

Carvalho, engaged his emergency signals and detained the 10

Appellant on Interstate-4 east-bound shortly before the first 11

Deltona exit after the bridge coming from Sanford, Florida. 12

During this traffic stop, the Sergeant issued a speeding ticket 13

to the Appellant for allegedly going 80 mph in a 65 mph zone. 14

The “violation” was in regarding 316.187(2)(b). 15

STATEMENT OF THE FACTS 16

The Appellant notified the court that he would like his day 17

in court in writing without using any preprinted court forms 18

provided by the Clerk of Court in Volusia County, thereby not 19

waiving any rights. SEE EXHIBIT A. 20

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An arraignment was scheduled on 9/26/13 with Judge Sanders. 1

Before this arraignment, the appellant did file a document which 2

served as an answer to this “civil” suit brought against the 3

movant. SEE EXHIBIT B. The Appellant demanded his accuser appear 4

to appear in court and verify his claim such that he may face 5

and cross examine his accuser. Judge Sanders claimed that the 6

trooper would not be appearing and that the only thing that he 7

could do was schedule another arraignment. 8

On the 2nd scheduled arraignment, 11/7/13, the Sergeant did 9

not show as Judge Sanders had expected. The Appellant moved the 10

court to drop the charges since there was no complainant or 11

injured party to make a claim for which relief could be granted. 12

This motion was denied. A pleading entitled “MOTION TO DISMISS” 13

was filed right before this hearing with twelve reasons why this 14

suit should be dismissed. SEE EXHIBIT C. Judge Sanders said he 15

needed time to look it all over since it had some constitutional 16

case law and claims included. He said the next hearing would be 17

spent going over it. 18

Before this next hearing that was set for 1/27/14, Appellant 19

filed a pleading entitled “MOTION FOR SUMMARY JUDGMENT” (EXHIBIT 20

D) in which the movant demanded summary judgment in favor of 21

the defendant. The defendant felt strongly his due process 22

rights were being grossly violated and even then, there was 23

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still no sign or show of a Prosecutor that had any standing to 1

bring a claim against the Defendant. This particular pleading 2

seemed to offend Judge Sanders and he recused himself. 3

The next hearing was on 2/10/14 with Judge Fields. Judge 4

Fields seemed to give many answers and excuses for the process 5

and procedure of traffic court and made even less sense than 6

Judge Sanders. Appellant brought up many fundamental flaws in 7

the State’s case against him, primarily, it was not clear who 8

was representing the State of Florida or who the prosecutor in 9

fact was in this case. When asked if the Sergeant was 10

representing the State and practicing law without a license, 11

she answered that he was simply a witness in the case. 12

When asked if she represented the State and was practicing 13

law from the bench, she exclaimed that she represented the 14

“People of Florida”. Confused, as the Appellant felt he was the 15

only one in the court room that held the office of “the people”, 16

he asked that the “MOTION TO DISMISS” (EXHIBIT C) was covered 17

in the hearing, and for some reason, the clerk of the court, 18

Judge Sanders, or Judge Fields seemed to have lost it because 19

it was never scanned nor in the case folder. Judge Fields claimed 20

that no such document was filed. To that statement, the 21

Appellant had certified copies with a date/time stamp at hand 22

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and provided the court with yet another copy to make up for 1

their misplacement of the case files. 2

Judge Fields claimed she could not go over this motion and 3

it would have to be addressed later on. The Sergeant did not 4

show for this hearing since Judge Fields admitted to having an 5

ex parte phone meeting with him and she told him he his 6

appearance was not required. This was in opposition to Judge 7

Sander’s promise that he would be there. 8

In the next hearing, the Appellant was tired of this three-9

ring circus referred to as traffic court. There were so many 10

due process and other flaws in the State of Florida’s case, he 11

prepared a notice of appeal (EXHIBIT E) that explained his 12

frustration and what seemed like an apparent Kangaroo court 13

where due process and a patient ear was feigned, but no real 14

justice or a fair trial or hearing could actually occur. 15

CONCLUSION 16

For the foregoing reasons, Appellant requests the Court to 17

reverse the judgment of the lower court. The Appellant rests 18

his case on his more than sufficient pleadings entered into the 19

case. 20

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CERTIFICATE OF SERVICE 1

I certify a true and accurate copy of this appellate brief 2

has been provided to the Appellee emailed, USPS mailed, or 3

hand delivered by 6/3/14. 4

CERTIFICATE OF COMPLIANCE 5

I certify that this brief was typed in 12-point Courier New 6

font. 7

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On 6/3/14, submitted by, 10

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