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Supreme Court of the United States Supreme Court, U.S. FILED MAR 112019 188475 : OFFICE OF THE CLERK No. IN THE SUPREME COURT OF THE UNITED STATES In re KEVINFUNK, Patent Holder I Successor Trustee - Petitioner THE CHARLES FUNK IRREVOCABLE TRUST ON PETITION FOR A WRIT OF HABEAS CORPUS TO SUPREME COURT OF THE STATE OF MONTANA PETITION FOR WRIT OF HABEAS CORPUS KEVIN FUNK,' Patent 'Holder I Successor Trustee THE CHARLES FUNK IRREVOCABLE TRUST Crossroads Correctional Center 50 Crossroads Drive Shelby, MONTANA 59474 M1 QUESTION(S) PRESENTED In an action in which the claim to be tried is a claim of 1007 land ownership-title HELD in a irrevocable trust-deed update of a Federal Land Patent, such land HELD by ALLODIAL TENURE. Allodial land is owned absolutely WITHOUT recognizing any dominant lord o Government to whom any duty is due on account of the LAND. Land in the United States are universally ALLODIAL. NOW WHEN a individual PAYS money for services to be rendered from a TRUST that becomes;IRREVOCABLE TRUST for: purpose of protecting a departed settlors assets from a divorcing spouse and creditors of a BENEFICIARY, with the deed and patent recitals conclusive, as the LAND is for the sole use and benefit of the HOLDER and designated heirs of the claimant, FOREVER. Includes protections also afforded by: U. S. Constitution ARTICLE ONE, Section Ten. Is there a RIGHT for the IRREVOCABLE TRUSTEE and PATENT HOLDER to redress any breach. of the trust and HOLD and RETAIN the LAND UNTIL IN THE .JUDGEMENT of the TRUSTEE and AUTHORIZATION from the BENEFICIARY when distribution is to be made, FREE FROM THE States INFRINGEMENT or INTENTIONAL INTERFERENCE OF CONTRACT by turning the EXERCISE of such RIGHTS INTO A CRIME? [ii JURISDICTIONAL CLAIM LIST OF PARTIES [ ] All parties appear in the caption of the case on the cover page. J3J All parties do not appear in the caption of the case on the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of this petition is as follows: TiM FOX Montana Attorney General P.O. Box 20140'1. / 215 North Sanders Helena, Montana 59620-1401 TABLE OF CONTENTS OPINIONSBELOW........................................................................................................1 JURISDICTION................................................................................................................. CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED ............................... STATEMENTOF THE CASE .......................................................................................... REASONS FOR GRANTING THE WRIT....................................................................... g CONCLUSION................................................................................................................... INDEX TO APPENDICES APPENDIX A Decision of State Court of Appeals ..........................31 APPENDIX B Decision of the State Trial Court APPENDIX C APPENDIX D APPENDIX E APPENDIX F MOTION: Stipulation to resolve outstanding issues ITEM 7, P.3 APPENDIX G Order: Attaching and sequestering assets, appointing receiver First time the NAME: CHARLES FUNK. IRREVOCABLE TRUST in any official court action. APPENDIX H State's response to defendant's objection to witness and motion for exclusion. States admission: "to sever a part of the trust and place it for sale". Page 2, Line one. INDEX TO APPENDICES continued 1 APPENDIX I Motion: State's response to defendant's motion in limine to suppress evidence of alleged prior bad acts pursuant to 404 B . States admission: To force the Federal Land Patent holder and Charles Funk Irrevocable Trust - Trustee to concede such. Land1 and the State illegally extinguished the PERMANENT FASFENT. APPENDIX J Appellee's brief cause DA 13-0023 page 5 ADMISSION THE CHARLES FUNK, IRREVOCABLE TRUST IS IN EFFECT. EXHIBITS FOLLOW EXHIBIT I Certified Quitclaim deed 546520 Pages: 4update Federal Land Patents 20762 and 935508, for page one filed. EXHIBIT II Certfied Federal Land Patent 20762, for page two filed. EXHIBIT III Certified Federal Land Patent 935508, for pe three filed. EXHIBIT IV Exhibit "A" Land description, for page four filed. EXHIBIT V Certified Quitclain'i deed 544793 Pages: 5 update Federal Land Patents 20762 and 935508, combination deed 526604, for page one filed, with two Certified seals. EXHIBIT VI Certified Federal Land Patent 20762, for page two filed. EXHIBIT VII Certified Federal Land Patent 935508, for page three filed. EXHIBIT VIII Certified Exhibit "A" LAND description, for page four filed. EXHIBIT IX CERTIFIED Montana certificate of death 011673, page five filed. EXHIBIT TAMPERED I MISSING: 1. Deed number 546520 Pages: 4 The remainder of pages 2,3, and`,-4. EXHIBIT TAMPERED V MISSING: 1. Deed number 544793 entire recording stamp to the left of combination deed 526604. Certified Bureau of Land Management seal. Certified State of Montana, Lake County seal. KEVIN FUNK, DID NOT FILE DEED 526604 or DEED 544793 combo using a General delivery address. Thats why the deed states: "TO: ORIGINAL HANDED BACK. TO KEVIN FUNK AT THE COUNTER." ? The remainder of pages 2,3,4 and 5. 1' INDEX TO APPENDICES CONTINUED 2 EXHIBIT BB 1 Reasons to purchase a TRUST. EXHIBIT E 1 Charles Funk trust agreement that becomes, and is NOW THE CHARLES FUNK IRREVOCABLE TRUST. EXHIBIT, .E 2 TRUST SECOND ADDENDUM C0NTRACI. - EXHIBIT ONE Lease and right of first refusal contract. EXHIBIT NO Memorandun of lease and right of first refusal contract EXHIBIT THREE Buy - sell agreement EXHIBIT FOUR Property tax receipt 1-7-2015 EXHIBIT FIVE Order.............sale of real property 2-25-2015 EXHIBIT SIX REALTY TRANSFER CERTIFICATE EXHIBIT SEVEN Warranty deed 541106, NOT signed by KEVIN FUNK. EXHIBIT EIGHT Property1record card 7-29-2015 (F-I-T OWNER 100 / Last modified: 7-1-2015 EXHIBIT NINE 2015 real property tax statement 10-16-2015 EXHIBIT Ml a 72-34-304 M.C.A. EXHIBIT AA 10 72-38-209 m.c.a. M.C.A. 2011 b 72-34-306 M.C.A. c 72-34-317 M.C.A. EXHIBIT Alt 11 72-38-207 m.c.a. EXHIBIT AA3 72-38-504 M.C.A. EXHIBIT M 12 45-7-208 m.c.a. EXHIBIT AA4 72-38-903 M.C.A. EXHIBIT MS Section 31. EXHIBIT AA6 72-38-220 M.C.A. EXHIBIT AA7 40 4202 M.C.A. EXHIBIT AA8 1-2-101 M.C.A. EXHIBIT AA9 72-38-812 M.C.A. EXHIBIT AA9A 70-20-308 M.C.A. TABLE OF AUTHORITIES CITED CASES CALLATTACHED) PAGE NUMBER STATUTES AND RULES OTHER TABLE OF AUThORITES CITED CASES PAGE NUMBER Bagnell v. Broderick, No. 1839 38 U.S. 436, 13 Pet. 436, 10 L. Edcl.: 235..............18 Coleman v. Thompson, 501 U.S. 722, 111 S. Ct. 2546, 115 L.Ed. 2d 640 1991 .....21 Douglas v. Jacquez, 626 F. 3d 501, 504 9th Cir.(k10)(VACATED AND REMANDED) . .22 Erickson v. Pardus, 551 U.S. 89. 94(2007) .....................................4 Estelle v. Gamble, 429 U.S. 971 106 E1976) ...................................4 Fay v. Noia, 372 U.S. 391, 4242 83 S. Ct. 822, 9 L.Ed.. 2d :594 (197-7). ...21)22 Gibson v. thQuteau, Mo. 1872, 80 U.S. 921 13 WALL, 92, 20 L.Ed. 534.................20 Griffin 275 M 37, 909 P2d 707, 53 St. Rep. 28 ç1996) ..............27 Harris 2006 MT. 63, 331 M 368, 132 P3d 502 @006) ...............27 Helmsley-Spear, Inc. v. Winter, 74 A.D. 2d 195, 426 N.Y.S. 2d 778 (1980) Aff'd 52 N.Y. 2d 984, 438 N.Y.S. 2d 79, 419 N.E. 2d 1078(1981..5 Howard v. Dalio, 249 N 316, 815 P2d 1150 (i991) ............................27 Louiville and Nashville r. Coo. v. Mottley, 211 U.S. 1461 53 L.Ed. 1262 29 S.Ct. 42 (1908).............26 Maiquist, 227 N 413, 739 P2d 4827 44 St. Rep. 1193 (1987) ............27 Miller v. United States, 230 F. 2d 486, 489 5th Cir.c195 .........................26 Mitch.um v. Foster, 407 U.S. 225,242, 92 S.Ct. 2151, 32 L.Ed. 2d705 6972 .....21 Murphy v. Ramsey, Utah. 1885, 5 S.Ct. 747, 114 U.S. 44, 29 L.Ed. 47 .24 Phelps v. Alameida, 569 F.3d 11201 1139-1140 (9th.Cir. 2009).......................21 Porter v. 011iv1e, 620 F. 3d 9522 1038 9th. Cir. 2017 ............................4 Reed v. Ross, 468 U.S. 1110,104 S.Ct. 2901, 82 L.Ed. 2d 1 (1984).............21 Slack v. McDaniel, 529 U.S. 473, 483, 120 S.Ct. 1595, 146 L.Ed. 2d 542 (2000) ..... 21 Smith, 270 M 263, 891 P2d 522, 52 St. Rep. 174, is) ................ 27 Stanton v. Sullivan, 7a696..........................................................22 Trevino v. Thaller, 133 S.Ct. 19117 1917, 185 L.Ed. 2d 1044, 1052 (2013)...........24 Tyler, 149 U.S. 1641180-81, 37 L.Ed. 689, 694 (1893)..................24 U.S. v. Board of Corurs of Freemont County, Wyo. C.C.A. Wyo., 19441 145 F.2d 329, certiorari denied 65 S.Ct. 563, 323 U.S. 8041 89 L.Ed. 641.........................................20 United States v. Cotton, 535 U.S. 625, 630, 122 S.Ct. 1781, 152 L.Ed. 2d 860 @0023 .....24 United States v. Stone, 69 U.S. 525, 17 L.Ed. 765, 1864 U.S . ......................... 23 Warnack v. Coneen Family Trust, 266 M 203, 879 P2d 715 ......................................27 Wilcox v. Jackson, 38 U.S. 498 2 510, 10 L.Ed. 2641 2707 1839 U.S . ................ 25, 26 Williams v. Taylor, 529 U.S. 3621 375 n.7 7 120 S.Ct. 14957 146 L.Ed.2d 1389c2000. .28 Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (197 7) .....................................................21 STATUTES PAGE NUMBER 28U.S.C. section 2241(c)(3) .................................. 2,28 28 U.S.C. section 2254@ .....................................2, 27, 28 Montana code Annotated 1-2-101 M.C.A. ............................................... 8 . 40-4-202 M.C.A. .............................................. 8, 27 45-6-101 M.C.A. .............................................. 19 45-7-208 M.C.A. .............................................. 16 70-20-101 M.C.A. ............................................. 14 70-20-308 M.C.A. ............................................. 12 72-33-411 M.C.A.
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