Chaz’s Fight for Freedom

Chaz’s Fight for Freedom

The Issue

Our 5th Amendment rights are
unequivocally and undeniably under
attack. Please read this because you
could be next. 

By using comparable language to
that of the 5th Amendment the 14th
Amendment specifically decrees that
no person can be deprived of "life,
liberty, or property, without due
process" Pursuant to the 5th Amendment, an
indictment is a "bedrock requirement"
for a court to have jurisdiction
(authority) to enter a criminal judgment.

This right to a grand jury applies to the
state including, without limitation, the
Commonwealth of Virginia.Thus, in order for a judgment based upon an indictment to be valid, an indictment must be proper, and must be
delivered in open court, and properly
recorded via a JUDGE SIGNED ORDER.
Va. Code § 17.1-123(a), 17.1-124, and
17.1-240.Notwithstanding, never having been
properly indicted, Chaz Earp of
Hampton Virginia, has been unlawfully
detained since 2012.

The Simmons case is particularly
pertinent authority. In Simmons, the
defendant like Chaz, was convicted and
sentenced based upon a grand jury
document, that had ALLEGEDLY been
signed by a foreman, but had not been
RECORDED in any ORDER BOOK of the
circuit court.

The Virginia Supreme
Court overturned Simmons' conviction
and found that the failure to deliver an
indictment in open court and RECORD
the finding is a "FATAL DEFECT". See
Simmons v. Commonwealth, 89 Va.
156,157. Clearly, it is the duty of the courts to
be watchful for the constitutional rights
of the citizen, however, in Chaz's case
the Hampton circuit court judge (Marc
Jacobson) chose to ignore the
MANDATED grand jury process and
proceeded to try Chaz without a valid
indictment.Under Virginia law, although a
prisoner has in fact been arraigned on,
and had pleaded to, an indictment not
APPEARING BY THE RECORD to have
been found by a grand jury, and if the
third term has passed without such
record of the findings, he is entitled to
be discharged from the crime. Va. Code
§ 19.2-242.

Neither sound reason nor policy
justified any departure from the
aforementioned long settled principles.
No court, including the United States
Supreme Court can unilaterally amend
the U.S. Constitution by judicial fiat.
Slavery was wrong, segregation was
wrong, apartheid was straight up evil.
but somebody had to say it was wrong.
In Chaz's case the Commonwealth is
wrong, 10 years of his life has been
wasted and we must highlight this
injustice or you could be next.

avatar of the starter
Chaz EarpPetition StarterMy name is Chaz Earp. I grew up in Hampton, VA and was raised by a loving mother and a family full of support. I love animals, drawing and creating music. That is a passion of mine. I am big on family and being loyal to those who are there for you.

132

The Issue

Our 5th Amendment rights are
unequivocally and undeniably under
attack. Please read this because you
could be next. 

By using comparable language to
that of the 5th Amendment the 14th
Amendment specifically decrees that
no person can be deprived of "life,
liberty, or property, without due
process" Pursuant to the 5th Amendment, an
indictment is a "bedrock requirement"
for a court to have jurisdiction
(authority) to enter a criminal judgment.

This right to a grand jury applies to the
state including, without limitation, the
Commonwealth of Virginia.Thus, in order for a judgment based upon an indictment to be valid, an indictment must be proper, and must be
delivered in open court, and properly
recorded via a JUDGE SIGNED ORDER.
Va. Code § 17.1-123(a), 17.1-124, and
17.1-240.Notwithstanding, never having been
properly indicted, Chaz Earp of
Hampton Virginia, has been unlawfully
detained since 2012.

The Simmons case is particularly
pertinent authority. In Simmons, the
defendant like Chaz, was convicted and
sentenced based upon a grand jury
document, that had ALLEGEDLY been
signed by a foreman, but had not been
RECORDED in any ORDER BOOK of the
circuit court.

The Virginia Supreme
Court overturned Simmons' conviction
and found that the failure to deliver an
indictment in open court and RECORD
the finding is a "FATAL DEFECT". See
Simmons v. Commonwealth, 89 Va.
156,157. Clearly, it is the duty of the courts to
be watchful for the constitutional rights
of the citizen, however, in Chaz's case
the Hampton circuit court judge (Marc
Jacobson) chose to ignore the
MANDATED grand jury process and
proceeded to try Chaz without a valid
indictment.Under Virginia law, although a
prisoner has in fact been arraigned on,
and had pleaded to, an indictment not
APPEARING BY THE RECORD to have
been found by a grand jury, and if the
third term has passed without such
record of the findings, he is entitled to
be discharged from the crime. Va. Code
§ 19.2-242.

Neither sound reason nor policy
justified any departure from the
aforementioned long settled principles.
No court, including the United States
Supreme Court can unilaterally amend
the U.S. Constitution by judicial fiat.
Slavery was wrong, segregation was
wrong, apartheid was straight up evil.
but somebody had to say it was wrong.
In Chaz's case the Commonwealth is
wrong, 10 years of his life has been
wasted and we must highlight this
injustice or you could be next.

avatar of the starter
Chaz EarpPetition StarterMy name is Chaz Earp. I grew up in Hampton, VA and was raised by a loving mother and a family full of support. I love animals, drawing and creating music. That is a passion of mine. I am big on family and being loyal to those who are there for you.

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Petition created on July 5, 2022