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    IN THE CIRCUIT COURT FOR BALTIMORE COUNTY

    IN REM:

    Duane Gerald Davis, Sr.

    v

    State of Maryland,

    Governor Martin OMalley, in his official

    capacity and as an individual,100 State CircleAnnapolis, MD 21401

    Baltimore County Police Chief James W.Johnson, in his official capacity and as an Case No.individual,Public Safety Building700 E. Joppa RoadTowson, Maryland 21286

    Baltimore City States Attorney Gregg L.Bernstein, in his official capacity and as anindividual,210 Mitchell Courthouse

    100 North Calvert StreetBaltimore, Maryland 21202

    and

    Baltimore County States Attorney Scott D.Schellenberger, in his official capacity andas an individualCounty Courts Building

    401 Bosley Ave, Room 511

    Towson MD, 21204

    DEMAND IN THE NATURE OF AN ACTION AT REPLEVIN

    FOR THE RETURN OF PERSONAL PROPERTY

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    REQUEST FOR A HEARING

    NOW COMES, Duane Gerald Davis, Sr., Under Duress, All Rights, by Special

    Appearance, in accord with all of the Amendments to the Constitution of the United States of

    America, the Maryland Declaration of Rights and the Maryland Constitution and hereby makes

    this demand in the Nature of An Action for Replevin for the Return of Personal Property, and

    request a hearing hereon, and as grounds hereto states the following:

    INCORPORATION BY REFERENCE

    Duane Gerald Davis, Sr. hereby incorporates by reference thereto the Corporate Surety

    Bonds of Baltimore County States Attorney Scott D. Schellenberger, Baltimore County Police

    Chief James W. Johnson, and Baltimore City States Attorney Gregg L. Bernstein, to this action

    required by the Maryland Constitution at Article 5, Section 12 and hereby makes an official

    claim against said bonds.

    Duane Gerald Davis, Sr. hereby incorporates by reference thereto the Sworn and

    Subscribed Oath of Office of Judge Susan Souder, Assistant Judge of the Third Judicial Circuit

    Court of Maryland, a copy of which is attached hereto, and any corporate surety bond for faithful

    performance to act within the bounds of the law and the discretionary dictates of her own

    conscience in favor of her fellow Maryland Bar members.

    Demand in the nature of an action at replevin for the return of personal property

    1. That the Baltimore County Police Department by and through the Office of the StatesAttorney of Baltimore County are in unlawful possession of the personal property of Duane

    Gerald Davis, Sr. and are under a lawful duty to return said property undamaged and in the good

    and proper condition in which it was confiscated by a purported search warrant that was never

    served on Duane Gerald Davis, Sr.

    2. The property includes but is not limited to a 1999 Charcoal Grey Chevrolet Suburban; ADaily Diary from 1986 made of yellow legal papers; Black Legal Briefcase with legal material,

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    as well as, Private Business Organizational and Tax Papers; a Video Camera; a Digital Camera;

    SD Cards; (9) Video Documentaries and Video Film, a book entitled The Minority Report by

    Duane Shorty Davis; and various keys.

    3. The estimated value of the above listed property is $250,000.00.4. That Duane Gerald Davis, Sr. is lawfully entitled to repossession of said property, and

    that Scott D. Schellenberger is lawfully accountable to return the aforesaid property or the

    monetary value thereof.

    WHEREFORE, Duane Gerald Davis, Sr. hereby respectfully demands that this Court issue

    an Order instructing Scott D. Schellenberger and the Baltimore County Police Department to

    return all of the property listed herein to the possession of Duane Gerald Davis, Sr.

    Respectfully presented,

    Duane G. Davis7904 Jody Knoll DriveWindsor Mill, MD 21249

    (443) 831-1188

    AFFIDAVIT

    I HEREBY AFFIRM, that the contents of the aforegoing are true to the best of my

    knowledge, information, and belief and are made on personal knowledge.

    Duane G. Davis7904 Jody Knoll DriveWindsor Mill, MD 21249(443) 831-1188

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    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY, that on this 31st day of October, 2012, that a copy of the aforegoing

    Demand in the Nature of an Action at Replevin for the Return of Personal Property, was mailed

    via United States Postal Service First Class mail to the following:

    Governor Martin OMalley100 State CircleAnnapolis, MD 21401

    Baltimore County Police Chief James W. Johnson,Public Safety Building700 E. Joppa RoadTowson, Maryland 21286

    Baltimore City States Attorney Gregg L. Bernstein,

    210 Mitchell Courthouse100 North Calvert StreetBaltimore, Maryland 21202

    Baltimore County States Attorney Scott D.SchellenbergerCounty Courts Building

    401 Bosley Ave, Room 511

    Towson MD, 21204

    Duane G. Davis7904 Jody Knoll DriveWindsor Mill, MD 21249(443) 831-1188

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    IN THE CIRCUIT COURT FOR BALTIMORE COUNTY

    IN REM:

    Duane Gerald Davis, Sr.

    v

    State of Maryland,

    Governor Martin OMalley

    Baltimore County Police Chief James W.Johnson

    Baltimore City States Attorney Gregg L.Bernstein

    and

    Baltimore County States Attorney Scott D.Schellenberger

    ORDER

    Upon consideration of Duane Gerald Davis, Sr.s Demand in the Nature of an Action at

    Replevin for the Return of Personal Property, and having determined that it is in the best interest

    of the impartial administration of justice under the authority of the supremacy and equal

    protection clauses cited, it is this________ day of ________________, in the year _________,

    by the Circuit Court for Baltimore County, Maryland

    ORDERED, that the motion BE and the same is hereby GRANTED to Duane Gerald

    Davis, Sr.

    _____________________________________

    Judge, District Court for Baltimore County