CHALLENGING JURISDICTION AND DISQUALIFYING JUDGE BY FILING A WRIT OF QUO WARRANTO

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WRIT OF QUO WARRANTO Johnson v. Office of State Attorney, 987 So. 2d 206 - Fla: Dist. Court of Appeals, 5th Dist. 2008
Quo warranto is "[a] common-law writ used to inquire into the authority by which a public office is held or a franchise is claimed." Black's Law Dictionary 1285 (8th ed. 2004). It is properly used to challenge the "power and authority" of a constitutional officer. Crist v. Fla. Ass'n of Criminal Defense Lawyers, Inc., 978 So.2d 134, 139 n. 3 (Fla.2008) (quoting Austin v. State ex rel. Christian, 310 So.2d 289, 290 (Fla.1975)). The supreme court in Geffken v. Strickler, 778 So.2d 975, 976 n. 1 (Fla.2001), passed upon a quo warranto petition challenging a conviction and sentence, but specifically declined to express an opinion on whether quo warranto was an appropriate method to seek postconviction relief. We believe it is not.
Challenges to the authority of the prosecuting authority or presiding judge, while not commonplace, are not unknown. In Sawyer v. State, 94 Fla. 60, 113 So. 736 (1927), the defendant argued that his trial was null and void because the assistant solicitor was not authorized to sign an information. This argument was first raised in a motion to vacate the judgment with the trial court[1] and the denial of that motion was part of the direct appeal. Id. at 742. The supreme court concluded that the defendant waived this argument because he failed to raise it before the judgment and sentence were entered. Id. The supreme court stated, "Neither the common law nor our statutes favor the policy of a defendant in waiting until the last stage of the cause and attacking such defects by a motion in arrest of judgment, the granting of which would have the effect of unraveling (sic) the whole proceeding." Id. at 745.
OF COURSE I STARTED TO TALK ABOUT QANON AND WENT INTO A DIFFERENT DIRECTION WITHOUT FINISHING MY POINT (I AM WORKING ON THIS BAD HABIT, BUT HAVE TO WORK HARDER) BUT THE POINT WAS THE FBI PUT QANON ON THE DOMESTIC TERRORIST LIST FOR PUTTING OUT INFORMATION. NO ONE HAS GOTTEN HURT, QANON IS A PEACEFUL MESSAGEBOARD BUT MUST BE HITTING A NERVE, JUST LIKE PEOPLE WHO ASSERT THEIR SOVEREIGNTY.
VIDEO ABOUT FIING WRIT OF QUO WARRANTO TO CHALLENGE JURISDICTION AND AUTHORITY OF THE JUDGE OR FAKE JUDGE
FILING MOTION TO DISQUALIFY JUDGE OR FAKE JUDGE