defendant who claimed to be a citizen and ambassador of the Kingdom of God not entitled to diplomatic immunity in prosecution for driving without a license because there was nothing in the record to indicate that organization to which defendant belonged had been recognized as a foreign state by the executive branch of the federal government, or that Department of State had granted immunity status to Defendant
How later courts described this case
- defendant who claimed to be a citizen and ambassador of the Kingdom of God not entitled to diplomatic immunity in prosecution for driving without a license because there was nothing in the record to indicate that organization to which defendant belonged had been recognized as a foreign state by the executive branch of the federal government, or that Department of State had granted immunity status to Defendant
Written by the judges who cited it.
The opinion
HOLSTEIN, Judge,
concurring.
I concur fully in the majority opinion. I would add that Davis’ brief on appeal does not contain a proper jurisdictional statement, it does not contain a fair, concise statement of the facts relevant to the questions presented, it does not contain points relied on which briefly and concisely state what actions or rulings of the court are sought to be reviewed and wherein and why such rulings are claimed to be erroneous, none of the authorities discussed in the argument portion of the brief are cited under the “points relied on,” and the argument portion of the brief does not follow the order of the points relied on. Rule 30.06, V.A.M.R. When a party fails to comply with the rules relating to briefs, the court is justified in dismissing the appeal. Rule 30.09, V.A.M.R.
I join in excusing appellant’s noncompliance with the rules relating to briefs because the precise question relating to whether requiring a license to operate a motor vehicle violates appellant’s freedom of religion has not been addressed by this court and because appellant is not represented by an attorney.
Appellant’s claims that he was not operating a motor vehicle and that he is entitled to diplomatic immunity as an ambassador of God border on the absurd. Such arguments divert judicial energies and time and, to that extent, erode the rights of others to timely disposition of claims having substance.
We have answered the questions presented here once. I would caution those who read this opinion not to assume that such blatant disdain for the rules will always be forgiven because an appellant has elected to be unrepresented by an attorney and because he believes the vehicle operator licensing laws violate his sincerely held religious convictions.