Petition for Writ of Certiorari — In Re Ellis Keyes, Petitioner

In The Supreme Court of the United States

In re Ellis Keyes

filed

JVN 2 4 2019

smmsm

On Petition for a Writ of Mandamus

to the United States Court of Appeals for the Sixth Circuit No. 19-5311

PETITION FOR WRIT OF MANDAMUS

Ellis Keyes, Propria Persona

P 0 Box 1073

Whitesburg Kentucky 41858-1073

(606) 821-9815

elliskeves@vahoo.com

received

M 19 2019

1

PETITION FOR WRIT OF MANDAMUS

QUESTIONS PRESENTED

Under what authority is license to practice law or not?

Is the BAR a Union for purpose of Kentucky Right to Work Law?

Since Certificate issued from BAR ASSOCIATION is not LICENCE pursuant to

Equality before the law does a State have standing to exclude Judiciary Candidates

from Ballot?

Shall judiciary applicants be subject to mandatory abridgement of voting rights to

be a candidate for election?

Shall it be policy to have open and honest government?

Would a Bill of Rights carry any weight in the face of a despotic government?

n

2

PETITION FOR WRIT OF MANDAMUS

LIST OF PARTIES

Respondents are Letcher County Commonwealth Attorney Edison Banks,

represented by Adam P. Collins, ESQ., Collins & Collins & Conley P. S. C., P.O.

BOX 727, Hindman, Kentucky 41822 and The State of Kentucky Office of the

Attorney General, Capitol Suite 118, 700 Capitol Avenue Frankfort, KY 406013449. U.S.C. 2403(b) may apply. The constitutionality of a Statute of Kentucky is

drawn into question.

////

in

3

PETITION FOR WRIT OF MANDAMUS

TABLE OF CONTENTS

QUESTION PRESENTED

1

PARTIES TO THE PROCEEDINGS

11

TABLE OF CONTENTS

111

TABLE OF AUTHORITIES

vi

PETITION FOR WRIT OF MANDAMUS

6

JUDICIAL ORDERS OPINIONS BELOW

6

CONSTITUTIONAL AND STATUTORY PROVISIONS JURISDICTION

6

STATEMENT OF THE CASE

8

THERE ARE NO OTHER ADEQUATE MEANS TO OBTAIN THE RELIEF

APPLICANTS SEEK

9

CONCLUSION

14

APPENDIX:

United States Court of Appeals for the Sixth Circuit No. 19-5311 Order, entered

June 3, 2019

1

Order District Court Eastern District of Kentucky No. 7:l8-23-KKC Filed December

17, 2019

4

follows

PETITION FOR WRIT OF MANDAMUS

United States Court of Appeals for the Sixth Circuit No.18-5213 order of Sep’ 26,

2018

follows

Order District Court Eastern District of Kentucky No. 7G8-23-KKC Filed Sept’5,

2018

A-3

Order United States Court of Appeals for the Sixth Circuit Filed Apr 19,

A-4

2018

APPENDIX D

Order Commonwealth of Kentucky Court of Appeals No CA-423-EL April 16,

2018

A6

APPENDIX E

Order Commonwealth of Kentucky Court of Appeals No CA-423-EL Filed

3/22/18

A-8

APPENDIX F

Order Letcher Circuit Court No. 18-CL32 Filed March 13, 2018

APPENDIX G

Judgement United States District Court Eastern District of Kentucky No. 7:18'CV23 Filed Feb’ 26, 2018.......A-15

APPENDIX H

United States District Court Eastern District of Kentucky No. 7:i8-CV-23 Order

Filed Feb’ 26, 2018

A-16

APPENDIX I

5

PETITION FOR WRIT OF MANDAMUS

Supreme Court of Kentucky No. 2018_SC 199-D oOrder Dated August 8, 2018

A-18

IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF MANDAMUS

To Associate Justice Kagan of the United States Supreme Court. Applicant

respectfully prays for a Mandamus from the Judgment below.

OPINIONS BELOW

The date of order sought to be reviewed is entered June 3, 2019 Commonwealth of

Kentucky Letcher Circuit Court 2018-CI-00032, Appeal dismissed for technicality

by Kentucky Court of Appeals did not address the merits and Kentucky Supreme

Court Denied Discretionary Review on August 8, 2018,1 sought Stay in the Federal

Court Eastern District of Kentucky 7-18-cv00023 Appeal was made to the Sixth

Circuit 18-5213, then to Justice Kagan. Again to the U S Distict Court U8-cv-00023

and now from the Sixth Circuit Order, The Sixth Circuit Denied petition for

rehearing No. 19-5311, Jun 3, 2019.

JURISDICTION

Mandamus is warranted where Jurisdiction of original proceeding is drawn into

question.

6

PETITION FOR WRIT OF MANDAMUS

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

KY Const sect 100 is drawn in question, repugnant to the Constitution,

unconstitutional by equal protection due process of law, U S First Amendment,

Fourteenth and Kentucky Constitution Section 6, Separation of powers and

Supremacy Clause. The right... to vote shall not be denied or abridged... on account

of... previous condition of servitude: Article I, Section 10, Clause 1 No State shall. .

. grant any Title of Nobility.

Broadly construed, this entire case evolved around the issue of LICENCE

because License to the practice of law does not exist when all are equal and this is

the law of our foundation to the practice of law and fair and the First Amendment of

the Constitution of the State of Kentucky beginning with ALL MEN ARE

EQUAL. . . This action has already been dismissed, reviewed, reversed and

remanded. Defendant’s frivolous attempts to delay should cease now to prohibit

further injustice. Appellee owes a duty of reasonable care and breached that duty of

ordinary care, that breach was the cause of our injuries. The Incumbent has not and

cannot present evidence that would be sufficient to demonstrate a "genuine issue as

to any material fact" Appellant is entitled to judgment as a matter of law. CT 28.

AND most importantly, Schware v. Board of Examiners, 353 U.S. 238, 239 (a) A

State cannot exclude a person from the practice of law ... a person cannot be

prevented from practicing except for valid reasons. .. Law is not a matter of the

State’s grace.

7

PETITION FOR WRIT OF MANDAMUS

STATEMENT OF THE CASE

Law rest in the instincts of all people and it is the cardinal maxim that a statute

contrary to natural right is illegal, null and void as the anchor of

mankind. Appointing counsel of choice pursuant to this election is by the sixth

amendment of the U S Constitution. The Kentucky Court of Appeals does not

address substance, dismissed on failure to submit perfected form of pleading is not

valid reason or requirement of substance, cites one precedent which clearly refers to

time constraints not applicable. Quoting DUVALL v. GATEWOOD500 S.W.2d 416

(1973) Appeal to the Kentucky Court of Appeals should be liberally construed as

MOTION TO SET ASIDE THE ORDER. It was filed within five days of the entry of

the Circuit Court order. Within the APPEAL is the language specific to set aside

the order of the circuit court and the same as in the CONCLUSION relief requested

as^ Let the emergency stay be granted, the removal of name from ballot dismissed

and such other further relief deemed just and proper. The Kentucky Court of

Appeals conversion of time to technicality of form. Heleringer v. Brown, Ky., 104

S.W.3d 397 (2003) (holding that election laws should be liberally interpreted so as to

allow the candidate to stand for election). Skaggs v. Fyffe, 266 Ky. 337, 98 S.W.2d

884 (recognizing the rule of statutory interpretation that laws are to be liberally

construed so as to reach a substantially correct result and the court should, to every

reasonable extent, interpret such provisions as directory rather than mandatory). In

this Commonwealth, there exists a strong public policy in favor of broad voter

participation in elections, thus requiring any doubt in statutory interpretation to be

8

PETITION FOR WRIT OF MANDAMUS

resolved in favor of allowing the candidacy to continue. Heleringer v. Brown, 104

S.W.3d at 403. The right of the qualified voter to cast an effective vote is among our

most precious freedoms. Heleringer, 104 S.W.3d at 404-405. The effect of the

unconstitutional order of the Letcher circuit court and the Kentucky Court of

Appeals is in violation of the U.S. Constitution 15th Amendment Section 1. AND

Article I, Section 10, Clause 1.

THERE ARE NO OTHER ADEQUATE MEANS TO OBTAIN THE RELIEF

APPLICANTS SEEK The effect of The Court of Appeals dismissal by default is to

sustain an unconstitutional title of nobility on a fraudulent corporation of Lawyers

with pretended license to the practice of law and unconstitutional title of Nobility,

in violation of equal rights provision of the State Constitution Section 1. Rights of

life, liberty, worship, pursuit of safety and happiness, free speech . . . All men are,

by nature, free and equal, The right of freely communicating their thoughts and

opinions... Unconstitutional title of nobility, an abridgement to voting rights,

legislative trespass and judicial overstep, systemically dehumanizes Applicant as

second class subject citizen who suffers being denied full human rights, a

degenerate barbarism of irreparable harm. The adverse effect of Election fraud

practice challenged here does alter our government into regressive despotism

forbidden, notwithstanding as law in pursuance of the Constitution, as a special

interest deception to deprive voting rights and fair election, a union, fixed rigged

ballot, Kentucky Constitution section 100 abridges the freedoms of the First

Amendment, protected against state action by the Fourteenth. The State Court had

9

PETITION FOR WRIT OF MANDAMUS

no Jurisdiction in the first place. Commonwealth Attorneys have taken over the

Grand Juries FROM the people, where the people are DENIED ACCESS to the

grand juries when they attempt to present evidence of crimes committed in the

courtrooms by the lawyers and lawyer-judges. The U.S. Constitution, being the

Supreme Fundamental Law, is not and CANNOT be ambiguous as to be interpreted

otherwise, or it would be a worthless piece of paper and we would have millions of

interpretations. That is why all judges and public servants are SWORN TO

SUPPORT the U.S. Constitution.

Kentucky Constitution section 100 is repugnant to the Constitution and

unconstitutional by equal protection due process of law, U S First Amendment,

Fourteenth and Fifteenth USC as well as Kentucky Constitution Section 6,

Separation of powers and Supremacy Clause. The right... to vote shall not be

denied or abridged... on account of... previous condition of servitude: Article I,

Section 10, Clause 1 No State shall. . . grant any Title of Nobility.

History shows how Rome outlawed freedom of speech. Translating from Greek to

Latin shows a completely different world view. To the Greeks the Common Good is

everything but the Roman revolution overthrew that calling it Good and Evil, it is

the same system of law we live with today and is undergoing systemic failures so it

is no longer sustainable. We have no other choice but to return to the truth of the

Common Good and that is simply Nature and the eternal verity of All being Equal

through God and Nature.

10

PETITION FOR WRIT OF MANDAMUS

The Founding Fathers formed the Constitution on the basis that all are equal

before the law as its premise axiom constitutional foundation eternal verity of

natural law eternal and omnipresent true reality, the Supremacy clause invalidates

unconstitutional practices, customs such as this that are recognized customary

formalities but do not exist in true law or nature, being repugnant to the First

Amendment. As to the way our government is to be run, Thomas Jefferson said, in

essence, "This proves that plain people, if given the chance, can enact laws and run

a government as well as or better than royalty and the blue bloods of Europe." We

must stop pretending that fallible conflicted lawyers with so called license as

experts of the law are better than our self and can do a better job than we before the

courts. Under the Common Law and the Laws of America, NOWHERE is it

expressly given for anyone to have the power or the right to form a Corporation.

Corporations are given birth because of ignorance on the part of the American

people and are operating under implied consent and power which they have

usurped and otherwise stolen from the people and must be put out of business by

the good Citizens in their fight for FREEDOM. The U.S. Constitution

GUARANTEES to every state in this union a REPUBLICAN FORM of government.

Any other form of government is FORBIDDEN. No public officer or branch of

government can be limited to a RULING CLASS of any kind, or the states become

ARISTOCRACIES and NOT republics. Also, the lawyers have made themselves

first Class Citizens, where many public offices and branches of government are open

to lawyers only. All other people are limited to only two branches of government and

11

PETITION FOR WRIT OF MANDAMUS

to only certain offices in those two branches of government, fraudulently making all

people who are so called non-lawyers into 2nd class subject citizens.

When the courts belong to the people, as the United States Constitution

REQUIRES, (Article IV, Section 4, we the people, will NEVER rule against

themselves.) In unconstitutional Incumbent tribunals such as this, "men" in black

dresses, that are Unconstitutional ROBES OF NOBILITY. (Article 1, Section 9 and

10) dispense a perverted ideology, where the people are terrorized by members of

the BLACK ROBE CULT (lawyers and lawyer judges in the courtrooms). By

insisting I/we cannot have equal rights as the Incumbent and express a collective

delusional abomination against the overwhelming majority that only produces

barbaric human rights violations by a cult of this kind who sets into action through

religious worship the torture and murder of the common man, a criminal ideology

unnatural and unlawful should not ever exist in practice of objective life as the

essence of law and reality denying private protected liberties and collective

entitlement to know truth and perfection as nature self-evident. The cult seems

like a wild gang of hungry wolves feeding on my flesh. The U S District Court for

the Eastern District of Kentucky indefinitely refused to enter default four times,

FIRST when the Incumbents counsel who was served a summons failed to respond

in default but was excused, not for neglect but presumably because of professional

association courtesy to the private CLUB with its benefits for team players (CT 26)

and not to me objectively, so they rushed through the Order I have Appealed from

on the same day.

12

PETITION FOR WRIT OF MANDAMUS

The legislative branch of government does NOT have authority to issue court

orders. As a fiction court or a court/corporation for profit and gain, the state Bar

Association practices elitism acting as a corrupt corporation of local lawyers to

violate fundamental human rights shown in this instant matter, creating hateful

Barbarity of violence against the common man who I am by denying full human

rights entitled and perpetuates criminal conduct habitual continuation of a cycle set

in motion that ripples through humanity as a primary cause of the most terrible

civil rights violation crimes including war on a grand scale. A corrupt corporation of

Lawyers upholding this kind of unconstitutional system cannot reach parity with a

true lawful man ever, necessitates corrective action to restore and preserve liberty

and justice for we the people held captive. There is no precedent shown from

Appellee to support the Letcher Circuit Court prejudicial Judgment Stay is sought

from, that abridged voting rights, strike from the ballot, to not count the votes made

in the election of Commonwealth Attorney.

REASONS FOR GRANTING MANDAMUS

On the merits through epistemological neutrality for the important public

interest because irreparable harm delay will result from the denial. The writ will be

in aid of the Court's appellate jurisdiction that exceptional circumstances warrant

the exercise of the Court's discretionary powers, and that adequate relief cannot be

obtained in any other form or from any other court.

13

PETITION FOR WRIT OF MANDAMUS

CONCLUSION

For these reasons as a "Next Friend" Applicant respectfully request that this

Court grant this Mandate to avert immediate direct and substantial injury as the

result of its enforcement. I have no conflict of interest here. Kentucky is a Right-toWork state. Certainly the practice of law is not a matter of the States grace. Let the

stay issue.

Wherefore Plaintiff seeks the following relief!

1.) Let the Secretary of State and Board of Elections be notified that the Appellee

Incumbent is dismissed from duty and that Plaintiff Appellant is to take control of

the Commonwealth Attorney Office in Letcher County Kentucky beginning at once

on the basis of the entire record in this matter. AND 2.) Appellant is to receive

reimbursement court cost of six thousand five hundred dollars from Appellee. For

these reasons Appellant respectfully asks the United States Supreme Court to

issue Mandate against the unconstitutional abridgement of fair Elections and grant

Summary Judgment by Default inJfisdkvQr for the relief requested as is lawful and

r

just.

Respectfully submitted 06/17/2019

Ellis Keyes, Propria Persona P O Box 1073

Whitesburg Kentucky 41858-1073

elliskeves@vahoo.com (228) 326-8679

14

PETITION FOR WRIT OF MANDAMUS