2016 Ohio 2834
Ohio Ct. App.2016Background
- On February 27, 2015, Anthony C. Foster was cited for speeding: alleged 51 mph in a 35 mph zone within Garfield Heights, Ohio.
- Foster pleaded not guilty and at arraignment and trial repeatedly asserted a “special appearance,” reserving inherent, common-law, and constitutional rights and challenging the court’s jurisdiction.
- Patrolman John Marks testified he observed the vehicle and obtained a radar reading of 51 mph; he stopped Foster and issued the citation at Broadway Ave. and East 131st St. in Garfield Heights.
- Foster cross-examined the officer and argued no crime had been committed and that the court lacked jurisdiction over him.
- The municipal court found Foster guilty, imposed a $250 fine plus costs, and stayed execution pending appeal.
- On appeal, Foster argued the trial court erred by failing to prove or establish jurisdiction after his challenge and by denying his motion to dismiss for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the municipal court had jurisdiction over Foster’s speeding charge | City: Municipal court has jurisdiction over misdemeanors committed within city limits | Foster: As a "sovereign citizen," the court lacks personal/subject-matter jurisdiction over him | Court: Jurisdiction proper; municipal court authorized to hear misdemeanors within its territory |
| Whether the trial court erred in denying motion to dismiss for lack of jurisdiction | City: Dismissal not warranted because offense occurred within Garfield Heights | Foster: Motion to dismiss because court lacked jurisdiction over him based on sovereign-citizen theory | Court: Denial proper; sovereign-citizen arguments are meritless and have been repeatedly rejected |
Key Cases Cited
- United States v. Benabe, 654 F.3d 753 (7th Cir. 2011) (advising summary rejection of sovereign-citizen theories)
Judgment affirmed; case remanded to municipal court for execution of sentence.