IN THE CIRCUIT
COURT OF THE 14th
JUDICIAL CIRCUIT IN AND FOR
State of Florida
Theodore L Whidden
RESPONSE TO THE UNLAWFUL “MENTAL EVALUATION”
This filing is made “Pro Se” by Theodore L Whidden, the undersigned, in hopes
that the State Court as listed above and the Honorable Judge Shonna Gay can
intervene in the train wreck of malicious prosecution attempted by the
State/County in this case, and redirect to the appropriate authorities. As this
was initiated and sustained unlawfully it is/was clear the attorneys for the
State are/were corrupt. If it continues moving forward the Court itself is seen
in collusion with other State corruption:
The Defendant’s rights are being violated by distractions of the State to
preclude liberties and the right of self-defense by the Defendant. The
Defendant as a victim of a host of crimes by the State and County does not feel
safe doing business within Jackson County or their Courts. An Emergency Change
of Venue was requested in November 2015, December 2015, and again in January,
2016. It was requested for cause, some of which has been outlined, some will be
outlined as me move along. The pursuit of the “Mental Evaluation” is a proof in
itself of unlawful, unsubstantiated offense to the Defendant’s Civil Rights.
At no time has the Defendant asserted a “mental” defense.
The filing of the Prosecution and thus the ruling of the Court is
unsubstantiated and appears yet another mis-use (Abuse) of process. Whereas the
Court record refers to the Florida Rules for “Incompetence to Proceed” it fails
to comply with the rule. The concealment, withholding, and/or failure to
provide the substantive documents required by the Rule is FRAUD, ABUSE OF
PROCESS, and multiple other offenses. For the record:
Florida Rule 3.210. Incompetence to Proceed: Procedure for Raising The Issue
specifically states that there are to be accompanying documents with
specifics with the motion. I await same prior to responding to validity of this
3.210 (2) A written motion for the examination made by counsel for the state
shall contain a certificate of counsel that the motion is made in good faith and
on reasonable grounds to believe the defendant is incompetent to proceed and
shall include a recital of the specific facts that have formed the basis for the
motion, including a recitation of the observations of and statements of the
defendant that have caused the state to file the motion.
Court can appreciate:
The Court is pursuing a case put forward knowingly on false pretenses,
false statements, in hopes of extortion.
Numerous acts of Criminal Conspiracy have been outlined by the State,
State agents, and representatives..
The State lacks probable cause.
Targeting, warrant, arrest, search, seizure was all unlawful.
Numerous Civil Rights violations involved.
Numerous Civil Rights violations involved with retention of personal
property outside the bounds of law.
Grand Theft multiple counts against the State/County in this unlawful
arrest and detention and removal of property.
Following the unlawful theft and detention, some five months later
additional thefts, delays and Civil Rights violations noted including but not
limited to theft attempts of personal property at the time of return.
States Attorney office has been notified of numerous Racketeering
violations and behaviors to which they are party to.
Some 57 felony counts have been listed against the States Attorney and
their office and their personnel.
The State appointed Court used their State authority to appoint a less
than desirable (criminal) Public Defender.
Numerous charges outstanding on the Public Defender and more to follow.
The Court has failed to address the offenses, rather attempted to “re-appoint”
the poorly performing Public Defender. If he had done his job the first time
this would have been over in minutes.
The State (Public Defender) partied with the State (States Attorney) in a
collusive effort revealed throughout this case. This makes this case a Federal
concern and the State Court no longer has authority or jurisdiction. The Court
has been informed numerous times in numerous ways, yet the Court itself appears
as corrupt as its officers.
The Court has failed to address the Sanctions requests and filings
regarding the State, Public Defender, and States Attorney.
The State is withholding documents against the Rules of Advocacy.
The State is withholding documents against the Rules of Criminal
Procedure, including but not limited to Special Rules for Prosecutors Rule 3.8.
The State is withholding documents against the Rules of Due Process
established in the 14th Amendment of the Constitution.
The State is withholding documents pursuant to a Brady Disclosure request
for all documents concerning the Defendant.
The State is unlawfully targeting the Defendant via “Wanted Poster” style
postings in the Court house and presumably elsewhere as filed elsewhere. This
is clearly reckless endangerment and other offenses to be addressed elsewhere.
The States Attorney office of Glenn Hess and Glenn Hess himself have been
contacted and they are willfully (Willful and Wanton) partying in this Criminal
The States Attorney office in Marianna headed by Ana Maria Garcia and
Garcia herself has been contacted in this regard and they are willfully (Willful
and Wanton) partying in this Criminal Conspiracy.
The States Attorney office in Marianna housing the corrupt counsel Laura
Wahlquist as supported by the foregoing list has been contacted and they are
willfully (Willful and Wanton) partying in this Criminal Conspiracy.
The State has refused to meet to address and resolve. Despite having a
frivolous case at the beginning and throughout the State continues its process
The Undersigned has filed a Notice of Unavailability to slow the rapid
descent in part to hell of the prosecutors. They are withholding documents as
referred to above and as requested numerous times. The case cannot move forward
without said documents. Delay is for the prosecution.
The Undersigned has filed an “Emergency Change of Venue” due to the
corruption and lack of safety in this venue.
The Undersigned filed the “Emergency Change of Venue” due to corruption
prior to the corrupt counsel and Court seeking mental evaluation. Change of
Venue is clearly warranted.
The Undersigned filed two forms of Habeas Corpus stipulating the Court
and the Counsel for the State are out of line, out of their authority and out of
their jurisdiction. This was filed prior to our last encounter where the
crooked bastards tried to have the Undersigned picked up on more frivolous
charges. Evidence of their attempt is seen in other filings concerning the
criminal operations of the Court in that period.
State can verify they lack substance in the following repeated aspect of the
(2) A written motion
for the examination made by counsel for the state shall contain a certificate of
counsel that the motion is made in good faith and on reasonable grounds to
believe the defendant is incompetent to proceed and shall include a recital of
the specific facts that have formed the basis for the motion, including a
recitation of the observations of and statements of the defendant that have
caused the state to file the motion.
Court and its officers are operating outside of lawful order at seemingly every
turn. Florida Law requires that the Court and Prosecution comply with all
aspects and to this point neither has. You are outside of lawful procedure,
operating in ABUSE OF PROCESS, furthering MALICIOUS PROSECUTION against someone
you have now stated that you believe to be impaired.
The foregoing is merely a partial list. The RICO Act violations are vast. The
pursuit in this unlawful and harassing manner is unlawful with or without mental
issues of the Defendant/Victim, meanwhile RICO chapter 825 of Florida Statute
specifically addresses abuses to those who are believed to be impaired. By way
of the Counsel for the Prosecution and the Court partnering on agreement of a
“Mental Evaluation” indicates they have either suspected mental issues, or
caused them, or are trying to justify their abuse of one they believe to be
impaired. The nature and justification of said examination is clearly twisted.
Their pursuit is unlawful, unsubstantiated, and evidence of RICO Act
As a result of the pending RICO Act violations and the impact this evaluation
would involve the pursuit of evaluation is blocked by itself.
By way of the Prosecution’s filing which requires the States affirmation they
believe the Defendant is impaired we seemingly have an admission of guilt under
Chapter 825 of RICO Act Statutes. The STATE and COURT are admitting their
guilt/ploy by calling for the Mental Evaluation.
The admission of guilt by the State regarding RICO Act violations for impaired
adults was clearly advised by way of filings prior to the admission realized in
their demand for Mental Evaluation. We shall see how this plays out in Federal
It is in the States devious pursuits to alter, affect, or attempt to alter or
affect the Undersigned and the ability to safely engage process. The use of
“Mental Evaluation” is an unlawful and unnecessary attempt for the State to
further and justify their abuses. It is unsubstantiated, unwarranted, and is
seemingly a typical effort in this Court’s arsenal of criminal offenses. (Class
Action against the State, Court, and Officials is warranted).
The State has demonstrated numerous times that their personnel are unreliable,
corrupt, and often incompetent. The use of a “Mental Evaluation” ploy with or
without substantiation is another act of corruption in motion. At present the
Court has granted permission to these scoundrels without proper substantiation,
and thus is partnering in this sham/scam use of the legal process. RICO Act by
the State throughout, round for round.
Clearly this Court is criminal beyond measure and as a result the safety of the
Undersigned and others is at jeopardy when they are left in power. This Abuse
of Process and Malicious Prosecution or Prostitution as it were must stop. The
Undersigned has been required to remove himself from harm’s way by way of the
Universal Human Rights Laws.
Clearly the Defendant never raised a defense of “Insanity” and pursuit of the
State pro-actively lacks foundation, grounding and supporting law/jurisdiction.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY this as a true copy
of the foregoing to be delivered to the States Attorney office and State Legal
Representation via their accomplice to their crimes, Larry Birge at the Jackson
County Sheriff’s Office. Attention:
Ana Maria Garcia, Florida Bar #577162;
Laura Wahlquist, Florida Bar #87776
Attention Glenn Hess, States Attorney
Florida Bar # 287806
Herman Laramore, Public Defender Bar
Pam Bondi, Attorney General, Florida Bar #
Elijah Smiley, Chief Justice 14th
Judicial, Florida Bar # 508918
FBI, Regional Office
Publicly made available.
Jackson County Board of
2864 Madison Street
Marianna, Florida 32448
Telephone: (850) 482-
Fax: (850) 482- 9643
The Victim of the Crimes/Conspiracy
THEODORE WHIDDEN, The Victim of
the Crimes/Conspiracy, DEFENDANT in lawful presentation of Jackson County Case
P.O.Box 158, Chipley, Florida
Phone: 850-685-2353 Email:
THEODORE L. (Ted) WHIDDEN
An Abused Member of the Public
"At the heart of the First Amendment is the
recognition of the fundamental importance of the free flow of ideas and
opinions on matters of public interest and concern. The freedom to speak
one's mind is not only an aspect of individual liberty – and thus a good
unto itself – but also is essential to the common quest for truth and the
vitality of society as a whole."
Supreme Court Judge Scalia wrote concerning Pope v
"Just as there is no use arguing about taste, there
is no use litigating about it."
Copyright May 2016, All rights reserved by Ted Whidden