shorty 2
TRANSCRIPT
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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