FILED

Electronically
CR16-0868
2016-09-23 02:15:28 PM
Jacqueline Bryant
Clerk of the Court
Transaction # 5723465 : rkwatkin

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CODE 2245
Christopher J. Hicks
#7747
P.O. Box 11130
Reno, NV 89520
(775) 328-3200
Attorney for State of Nevada

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IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF WASHOE

* * *

THE STATE OF NEVADA,

Plaintiff,

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v.

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STEVEN PATRICK MITCHELL,

Dept. No.

CR16-0868
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Defendant.

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Case No.

____________________________________/
MOTION IN LIMINE

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COMES NOW, the State of Nevada, by and through Deputy

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District Attorney KATHERINE H. LYON and hereby files this Motion in

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Limine seeking an Order from the court prohibiting the Defendant from

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proffering arguments irrelevant to these proceedings, professing his

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innocence to the jury1 without being sworn as a witness, making

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baseless demands of the court, and that Defendant be ordered to

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comply with any directives of the court regarding decorum in the

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courtroom and that no intentional disruption or undue delay of the

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process will be tolerated.

Further, that Defendant be ordered to

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The jury will be aware of Defendants plea of Not Guilty via court instructions.

comply with the Second Judicial District Court Rules while submitting

pleadings or motions.

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This Motion is based upon the attached Memorandum of Points

and Authorities and the materials contained on file herein.

MEMORANDUM OF POINTS AND AUTHORITIES

Throughout the pendency of this criminal prosecution the

Defendant has tried to challenge the authority of the criminal

justice system through a variety of baseless claims and inaccurate

factual accounts.

For example, at the preliminary hearing conducted

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on May 12, 2016 the Defendant refused to stand for the court when

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directed to do so by the Bailiff, claiming I dont become a

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supplement to . . . at which point Judge Clifton ordered the Bailiff

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to physically pull Defendant up to a standing position.

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Transcript, at 3.

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into the following exchange:

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See

After standing, the Defendant and court entered

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THE COURT: You are representing yourself, Mr. Mitchell?

MR. MITCHELL: Steven Mitchell is indeed in the courtroom
THE COURT: I cant hear you.
MR. MITCHELL: Steven Mitchell is indeed in the courtroom.
Im here by special appearance waiving all benefits or
deals
THE COURT: Stop talking. Stop talking, sir. Go ahead and
get the duct tape. We are starting out right off the bat
here. Get the duct tape.
MR. MITCHELL: Im making a statement, sir.
THE COURT: I dont care. I dont want to hear a statement.
Take your hand out of your pocket, first of all. Did you
request to represent yourself in this proceeding?
MR. MITCHELL: Yes, I did, sir.
THE COURT: Then you are here representing yourself? Mr.
White, you are here as standby counsel?
MR. WHITE: I am, your Honor.

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///

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THE COURT: Thank you. You two can be seated. Sir, I will
duct tape you. I dont care if you are representing
yourself. If you disrupt the proceedings here, I will duct
tape you and only un-duct tape you when asked a question.
Do you understand?
MR. MITCHELL: Yes, sir.

Transcript, at 4-5.

clear intention not to allow any disruption by the Defendant, the

Defendant conducted himself in accordance with the courts rulings

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Following the Judges assertion of authority and

for the remainder of the proceeding.

The Justice Court then disposed

of the Motions and Pleadings filed by the Defendant pro per.

Specifically, the Defendant filed a document entitled, Demand for

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Documentation of Court Officers which has been submitted to this

court by the Reno Justice Court.

See Proceedings filed June 7, 2016.

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Said demand was properly denied by the Justice Court.

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the Defendants demand, Judge Clifton made the following statement:

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Furthermore, Im a little more humored by your last two

paragraphs, Mr. Mitchell, the demands you make on this
Court. I dont know where you get off thinking you can make
these demands upon a Court, but I will disregard it because
its almost silly to think that you can state these things
to a Court and demand these types of things. . . .

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In denying

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Transcript, at 15.

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that his demand was not proper in a criminal case, and that such

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information regarding the oaths of office could be obtained through

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public records.

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Judge Clifton further explained to Mr. Mitchell

Id. at 16-17.

The State is concerned the Defendant is, once again,

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submitting improper demands upon this court. He has submitted

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multiple Inmate Requests Forms dated September 16, 2016, and

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September 19, 2016 formally requesting various things of the court

or court clerk.

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12, 2016 which is unintelligible.

this court to order the Defendant immediately cease the submission of

similar Inmate Request Forms and if he has a legitimate filing or

pleading, that it be submitted in accordance with the Second Judicial

District Court Rules.

demand that the status of self representation be changed to sui

Said Inmate Request Forms have been filed September

He has also submitted a Notice file-stamped September

Therefore, the State is requesting

Specifically in regard to the Defendants

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juris which is my legal right. . . the State is concerned

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Defendant is engaging in similar behavior as exhibited in the lower

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court and is under the mistaken impression this court will entertain

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his baseless requests.

In United States v. Mitchell2, 405 F.Supp.2nd 602 (2005),

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the U.S. District Court for the District of Maryland dealt with the

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defendants submitting filings similar to those in the instant case.

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The District Court had the following to say regarding some of the

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meritless claims of the defendants asserted in their identical

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motions to dismiss for lack of jurisdiction:

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To begin with, the U.C.C. has no bearing on subject matter

jurisdiction. . .

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Finally, the use of capital letters in the caption of an

indictment is irrelevant to the issue of subject matter
jurisdiction. The government attorneys and the court have
addressed the defendants, both in court and on paper, in a
proper manner that clearly identifies them. It makes no

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Willie Mitchell is the named defendant. There were 4 defendants prosecuted in the

case.

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sense to rest a jurisdictional distinction upon the use of

all upper case letters or a mixture of upper and lower case
letters. The federal courts abandoned this level of
formalism long ago. United States v. Singleton, 2004 WL
1102322,*3 (N.D.Ill. May 7, 2004)(denying motion to dismiss
for lack of jurisdiction based on argument, in part, that
defendant was a flesh and blood man).
Id. at 604.
The State requests this court to follow the approach in

Mitchell and effectively shut down Defendants attempts to disrupt,

disrespect and hijack the proceedings.

Defendants submissions he intends to make a mockery of the process.

It is clear from the tenor of

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This strategy should not be tolerated.

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represent himself which means he does so at his peril.

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held to the same standard of conduct as any member of the Bar who

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appears before the Second Judicial District Court Bench.

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cannot or will not conduct himself accordingly, he should not be

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allowed to appear as his own counsel.

Defendant has elected to

He should be

If he

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AFFIRMATION PURSUANT TO NRS 239B.030

The undersigned does hereby affirm that the preceding
document does not contain the social security number of any person.
Dated this __23__ day of _September__, 2016.

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CHRISTOPHER J. HICKS
District Attorney
Washoe County, Nevada

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By_/s/ Katherine H. Lyon_

KATHERINE H. LYON
7070
Deputy District Attorney

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CERTIFICATE OF SERVICE BY E-FILING

I certify that I am an employee of the Washoe County

District Attorney's Office and that, on this date, I electronically

filed the foregoing with the Clerk of the Court by using the ECF

system which will send a notice of electronic filing or U.S. Mail to

the following:

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ERICA FLAVIN, D.P.D

350 S. CENTER STREET
RENO, NEVADA 89501
DATED this 23rd day of September, 2016.
/S/TERRI NORRIS
TERRI NORRIS

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CERTIFICATE OF MAILING
Pursuant to NRCP 5(b), I certify that I am an employee of

the Washoe County District Attorney's Office and that, on this date,

I deposited for mailing at Reno, Washoe County, Nevada, a true copy

of the foregoing document, addressed to:

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STEVEN PATRICK MITCHELL

INMATE
911 PARR BLVD.
RENO, NEVADA 89512
DATED this 23rd day of September, 2016.

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/s/Terri Norris_______
TERRI NORRIS

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