Case of man who claimed sovereignty dismissed

A 23-year-old Oakdale man, who filed an appeal of his Antelope County conviction of two misdemeanor traffic counts with the Nebraska Supreme Court this past winter, faced the Honorable Donna Taylor again last week.

The case found its way to the Nebraska Court of Appeals, where Hill’s appeal was “summarily” dismissed and returned to Taylor with a mandate to sentence. Antelope County was taxed $126 in costs for the appeal.

Taylor, on Wednesday, May 20, in the Antelope County courtroom, dismissed the case against Garrett A.H. Hill, due to procedural oversight during arraignment.

Taylor found, “before sentencing, the court advised the defendant that the facts supported the guilty verdict. The court advised the defendant that he was required to have a license before operating a motor vehicle on a public road. The judge also told him that the judge was likewise required to follow certain rules before being able to sentence him.

“The court on its own motion finds that it failed to advise defendant of an important right at arraignment and did not give the defendant the opportunity to exercise that right.

“For those reasons, the court, on its own motion, reverses its finding of guilt and dismisses the case.”

Despite his possession of an identification card issued by the Nebraska Department of Motor Vehicles, and listing his address as 601 Jenks Street, Oakdale, Nebraska, Hill had claimed he is not a Nebraska citizen and is not bound by Nebraska statute to hold a valid driver’s license nor to register any 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 the two waiverable traffic offenses. 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.

The overruled motion listed among other things, “claimants full legal name is ‘Garrett Angelo Hunter Hill’ and must be used in all legal matters;” “the charges are not a proper legal citation for any laws of Nebraska State;” “County Court: court address: 501 M Street, Neligh, Ne 68756 is not a court of the state of Nebraska;” and “courtroom furnishings include a gold fringed flag of the united Sates: Army Regulation … states this style of flag is displayed in military courtrooms. If claimant is under military rule, then the officers of the court have a duty to the organic laws of the United Sates…”

As he left the courtroom in December, Hill uttered notice he would place a lien against the judge’s bond and appeal judgement. Taylor told him he could not appeal until a trial had been held and judgement delivered.

Hill appeared for a bench trial Jan. 15. He presented six exhibits as evidence. Prosecutor Joe Abler objected on the grounds of relevance. Taylor overruled the objection and allowed the exhibits. Taylor summarized the exhibits and a statement Hill read, which she interpreted as a motion to dismiss.

He argued the court had no jurisdiction and that his “visitation” in the courtroom was forced. He interrupted the judge multiple times and challenged her instructions.

Abler called just one witness, Antelope County deputy Mike Sanne.

Midway through Sanne’s testimony, Hill stood, gathered his material and said, “I am going to dismiss myself; I will expect results by mail.”

Taylor told him he had the right to absent himself but doing so would waive his right to confront and cross examine witnesses and offer evidence. When he continued to argue, Taylor told him to remain seated and silent during witness testimony, unless he had an objection.

He left the courtroom and the trial continued.

Sanne testified he stopped Hill for driving the un-plated vehicle and Hill presented a Nebraska state identification card. A check of his driving record indicated he “was suspended” in Missouri. In answer to Abler’s questions, Sanne said Hill had no registration or proof of ownership for the vehicle and identified himself as a sovereign citizen, telling the deputy he had no jurisdiction. Hill refused to sign the citation and was taken to the Antelope County Jail, where he eventually signed, indicating he was signing “under duress.”

In addition to finding him guilty on both counts, Taylor further ruled statute of the State of Nebraska authorized county courts to try misdemeanors; the statutes are presumed to be constitutional; and Hill is a resident of Nebraska because of his possession of a Nebraska ID card and listing himself living at Jinks Street in Oakdale.

Documents filed by Hill in January included an affidavit of sovereignty, in which he claimed 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.

Hill was scheduled for sentencing Feb. 5. He had filed documents to appeal his conviction to the Nebraska Supreme Court on Jan. 29, along with several other writs.

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 told him 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.”