Appeal filed with Nebraska Supreme Court

An Oakdale man has removed his case from the Antelope County Court, at least temporarily.

Garrett Hill, 23, was scheduled for sentencing on two misdemeanor traffic counts last Wednesday, Feb. 5. He filed documents to appeal his conviction to the Nebraska Supreme Court on Jan. 29, along with several other writs.

The Honorable Donna Taylor denied his application to proceed informa pauperis with the appeal, ruling it is procedurally frivolous. She then informed Hill he had 30 days to come up with the $126 filing fee.

Hill confirmed it was his intention to file the appeal Jan. 29, the date he had delivered documents to the courthouse. Taylor also asked him to verify his intent was to file his appeal directly to the Supreme Court, which he also affirmed.

“This court loses all jurisdiction in the case, other than the motion to proceed informa pauperis,” Taylor said. Because there is no sentence, she said the appeal “will most likely be denied.”

He said he had “actually perfected the process.” As he argued and questioned procedure, Taylor told him he had elected to proceed without an attorney.

The self-litigant said, “That’s not true, I made it explicitly clear.”

After Taylor excused him, Hill said, “I don’t understand the game we’re playing.”

Hill, who possesses a Nebraska identification card issued by the Nebraska Department of Motor Vehicles, and lists his address as 601 Jenks Street, Oakdale, Nebraska, claims he is not a Nebraska citizen and is not bound by Nebraska statute to hold a valid driver’s license nor to register the vehicle he drives on public streets and highways.

In December 2019, Hill challenged jurisdiction of the Antelope County Court and Taylor after he chose to appear in court on two waiverable traffic offenses, driving without an operator’s license and no vehicle registration. After advising Hill of his rights and possible penalties, Taylor had asked his intentions regarding legal counsel.

“I don’t intend to be represented, but I don’t waive the right,” he replied.

A motion to dismiss citing five “adjudicative facts of negligence,” was overruled at the December hearing and, when he refused to enter a plea, Taylor entered a not guilty plea on his behalf and set the matter for trial. As he left the courtroom in December, Hill uttered notice he would place a lien against the judge’s bond and appeal judgment. Taylor told him he could not appeal until a trial had been held and judgment delivered.

Hill appeared for the Jan. 15 trial, when he again argued the court had no jurisdiction, that his “visitation” in the courtroom was forced, telling Taylor she could be engaging in criminal activity. Hill interrupted the judge multiple times and challenged her instructions. Despite being informed that by absenting himself from the trial, he waived his right to cross examine and present evidence, Hill left the courtroom in the midst of a prosecution witness’ testimony. Taylor proceeded with the trial, found Hill guilty of both counts and set the Feb. 5 sentencing. Notice was mailed to Hill.

Documents filed by Hill in January included an affidavit of sovereignty, in which he claims to be “titled sovereign,” further claiming no federal government laws have authority over him; a poverty affidavit; notice of appeal and a petition for appeal.