Walter J. Burien, Jr.  C/O – Desert Sky

20165 N. 67th Ave. Suite 122A-135

Glendale, Arizona  [PZ-85308]

Phone: (928) 445-3532

Court of Appeals

In And For State of Arizona

Division One

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Private Citizen  Walter J. Burien, Jr.                          Case No. 1 – CA-CV 06-0316

                          Petitioner / Appellant                      MAR Case No. DR 2000-090543

                                                                                     

                                      v.                                   

STATE OF ARIZONA ex rel. ARIZONA                                  PETITIONER’S RESPONSE              

DEPARTMENT OF ECONOMIC SECURITY                           TO: Troy L. Brown’s

                                                                                                     MOTION TO STRIKE,

DEBBIE C. BURIEN aka: (WATTON)                                      Dated June 20th 2008

                                                    Respondent / Appellee   

                                                                                                                                                                 Chief Judge John C. Gemmill     

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NOW COMES this Petitioner, Walter J. Burien, Jr., in RESPONSE To: Troy L. Brown’s MOTION TO STRIKE and does affirm that the statements made herein are true, in substance and in fact, and does give to this Court and all parties to this action his response;

 

1.    Mr. Troy L. Brown abets by complete exclusion of the facts brought forward and as stated in Petitioners SUMMARY CLOSURE filed with the court on June 12th 2008.

  

2.    Mr. Troy L. Brown wishes the Court to participate in abetting by striking Petitioner’s SUMMARY CLOSURE and is uttered by Troy L. Brown through a simple form reply outlining known rules of the court. Mr. Brown by his own acquiescence excludes response to what Petitioner brought forward per the Serious Felony being perpetrated by the parties involved. In doing so Troy L. Brown gives his acknowledgement of his intent to further perpetuate, knowingly, willingly and intentionally the commission of a felony in prima facia violation of the Code of Federal Regulations (CFR) Title 17: Commodity and Securities Exchanges PART 4, and associated State and Federal law, and will face a true bill adjugement by the appropriate authorities. 

 

3.    Troy L. Brown on page 3, line 17 &18 of his response dated, 06/20/08 states; “Rule 3, A.R.C.A.P. permits” and “upon a finding of “good cause shown”” that there is no rule of the court quoted by Troy L. Brown, or in fact standing today, twenty years ago, or probably will be enacted in the immediate future that allows the knowing, willing, and intentional commission of a felony as brought forward by this Petitioner. A felony as stated clearly in Petitioner’s SUMMARY CLOSURE. A felony that began at hearing before the Maricopa Superior Court case No. DR2000-090543 on April 20th 2006, and subsequently was brought to the Arizona Court of Appeals ad infinitum as perpetuation of a felony thus not limited for correction to the law of latches, and of which said felony continues to this day of June 27th 2008

 

4.    As brought forward by this Petitioner in his SUMMARY CLOSURE, page 3, lines 9 through 12; “Petitioner, in good faith will have the belief that the court nor the attorneys involved with this action were aware that they were knowingly, willingly, and intentionally committing a serious felony.” It is evident that Troy L. Brown abets that he can abrogate the law at his accroach.

 

5.   Kristin Wurr’s, or any other DES attorney as a respondent in this matter upon Petitioner’s SUMMERY CLOSURE being hand delivered to them on 06/12/08 USPS Delivery confirmation #03071790000435646692, in their acquiescence in response, it is apparent do not wish to mens rea further perpetuation of this felony ab initio and by tacit law is without objection by default.

 

6.    Troy L. Brown states in his response on page 4, line 8; “Appellant makes numerous inflammatory, false, and derogatory comments” without referencing one example, one word of embodiment there from in response and is thus without meaning or merit. Petitioner exerts all facts and content stated by Petitioner in his SUMMARY CLOSURE was and is truthful, accurate, and correct.

 

7.    Petitioner brings forward that Troy L. Brown filed a notice of withdraw from this Arizona Court of Appeals action and said withdraw is still standing. The copy of appearance attached to his response was filed on January 22nd 2008 as a notice of appearance with the “Maricopa Superior Court” and not the Arizona Court of Appeals and in as such is deficient.

 

 

CONCLUSION

 

1.   Therefore pursuant to Rule 3, A.R.C.A.P.  that the Arizona Court of Appeals, in consideration thereof, dismiss Troy L. Brown’s MOTION TO STRIKE to be without merit in light of the further perpetuation of a felony, and then without delay vacate the lower court ruling and appropriately vacate or modify prior rulings of the court as applies, and;

 

2.   Grant summary judgment as requested by Petitioner where applicable to this action and within the scope and purview of the Arizona Court of Appeals Div. 1.

 

Respectfully submitted this 27th day of June 2008.

 

 

 

 

___________________________________________________

Walter J. Burien, Jr.,  Pro Se

 

 

CERTIFICATE OF SERVICE

 

Original and four copies of the foregoing -  PETITIONER’S  RESPONSE TO: Troy L. Brown, mailed this 27th day of June 2008, USPS PRIORITY MAIL # 0307 1790 0004 3564 6791, TO:

 

Court of Appeals

In And For State of Arizona
(Filing Counter) Clerk of the Court

1501 W. Washington St.

Phoenix, Arizona 85007

 

AND COPY SENT this 27th day of June 2008;

USPS MAIL, TO:

 

Chief Judge John C. Gemmill

Court of Appeals

In And For State of Arizona

1501 W. Washington St.

Phoenix, Arizona 85007

 

AND COPY SENT this 27th day of June 2008;

USPS MAILTO:

 

Judge Barbara Rodriguez Mundell

Maricopa Superior Court – Old Court Building

125 W. Washington St. Suite 510

Phoenix, Arizona 85003

 

AND COPY SENT this 27th day of June 2008;

USPS MAIL, TO:

 

Judge Edward Bassett

Maricopa Superior Court

222 E Javelina Ave.

Mesa, Arizona 85210       

 

AND COPY SENT this 27th day of June 2008;

USPS MAIL, TO:

         

Troy Brown

1757 E. Baseline Road, Suite 130

Gilbert, AZ 85233

 

AND COPY SENT this 27th day of June 2008;

USPS MAIL TO:        

 

Kristin Wurr

Assistant Attorney General

P. O. Box 6123, Site Code 775C

Phoenix, Arizona 85005

 

 

 

by_____________________