WISCONSIN SUPREME COURT AND COURT OF APPEALS
DISTRICT 3
____________________________________________________________
STATE OF WISCONSIN
Plaintiff-Respondent,
Motion for
Reconsideration
§809.64
V.
and
Motion/Petition/Plea for
Bypass § 809.60, § 809.61
2010AP1050-CR
Circuit Case No. 09 CF 48
KENNETH LEROY DRIESSEN
Defendant-Appellant
____________________________________________________________
Appellant Kenneth Leroy Driessen, pro se, has viewed
the Per Curiam at the Court web site from the District III Wisconsin Court of Appeals on March 22, 2011 affirming the Sawyer
County Circuit Court Decision. At this point, the reconsideration portion of this Motion is but a formality necessary to clear
the way to petition the Supreme Court; just as appealing and expecting a decision from the III District based on fact and
law appears to be. This Reconsideration Motion also gives the right honorable District Court a polite chance to reconsider
their Per Curiam and not appear as obviously inept and devoid of objective reasoning as the unpublished decision appears to
this Appellant at this time. Unlike the III District Court, I will do my best
to refrain from personal attacks, which is easy because they won't even divulge who wrote such deception and outright untruths
as noted below with quotations to the record and Per Curiam in support of the Bypass portion of this Motion:
1. Footnote 1, page 2, of their Per Curiam is deceptive in the least. Driessen's Briefs clearly identify video
DVD/CD and photo image submissions, 30(1-4), 66(1) and 67(1) that are part of the record.
Since some of the video evidence submitted to the Circuit Court was lost, misplaced or otherwise not included and a
motion to supplement the record was granted of that evidence, since DVDs CDs, portable media, can be accidentally damaged,
Driessen did include publicly Internet accessible copies of such video and audio evidence with references to where they are
in the record to the best of his knowledge; none of which is referred to in their Per Curiam.
In fact on 8/12/10 some of the missing video recordings submitted as evidence in the Circuit Court were added and supplemented
to the record by III District Appeals Court Order and only a recording of the evidentiary hearing itself was denied on that
day. The Appeals Court evidently did not review the audio video evidence that was submitted and exhibited in the Circuit Court
because no reference was made to it in their decision.
2. Also in reference to Footnote 1, page 2: As far as the audio recording
of the evidentiary hearing is concerned; after the court system, through excessive fees, required of a person found to be
indigent by the court for the purpose of fees, denied Driessen access and use of the evidentiary hearing transcripts, which
contained an officer's sworn statements that contradicted their written report; Driessen chose to bring a publicly available
recording of that hearing to the court's attention because knowingly concealing what Driessen believes to be perjury could
quite possibly be an infringement upon the criminal statutes and/or judicial code of ethics, Driessen is doing his best to
help the Appeals Court to not be a party to a crime.
3. The Courts failed to address the fact that information in the complaint states that Driessen's operating privileges
were revoked before his vehicle was stopped when in fact he possessed a valid license, a factual narration of occurrences
that seems to have lead to his vehicle being pulled over which is in contrast to Per Curiam the Appeals Court, as well as
the Circuit Court. Both courts failed to state any case precedence to contradict the constitutional violations and case precedence
Driessen cited in his Circuit and Appeals pleadings, concerning false information used as probable cause, see record item
3 page 2 and State v. Mann , 123 Wis. 2d 375, 367 N.W2d 209 (1985)
4. Paragraph 2 of the Per Curiam, misrepresents Deputy Brian Knapp's
report and does not mention the fact that Driessen's pleadings and the official written report of State Trooper Deb Lewis
do not coincide with the Deputy's report, concerning Driessen allegedly driving on the wrong side of the road. Furthermore,
until the 4th Amendment is overruled by a higher court and the US and State Constitutions are further Amended to repeal
it; replacing decisive narration concerning the conflicting written reports of the 2 officers concerning how Deputy Knapp
obtained evidence from a suspect, who was not under arrest at the time obtained, with simply stating the Deputy "found" contraband
on one's person, without citing a single case to support their unfounded prejudice, would be laughable on Saturday Night Live
but hardly funny when a citizen has been incarcerated, has his right to vote, to bear arms, to drive a motor vehicle and financially
support himself at stake in a court of law. See Appellant Briefs and many cited
cases relating to law enforcement agents fabricating reports.
5. Relating to the notion that Driessen did not fulfill his requirement to make the transcripts available to the
Appeals court: Driessen claimed indigence, his claim was approved by the Court for filing purposes and not challenged by the
State and therefore by statutes clearly cited in his brief on page 23, Driessen has a right to the transcripts without charge.
There is a certain time limit to which a statement on transcripts has to be filed or the appellant may be sanctioned with
dismissal of his appeal; Driessen noted the statutes in his initial Statement on Transcripts and his amended Statement on
Transcripts he also claimed the refusal of the Court Reporter to supply any transcript without a $1000 deposit (Appellant's
Brief appendix 27) to be a violation of those statutes and in violation of his 6th Amendment rights several places
in his pleadings. Driessen stated that he only agreed to proceed without transcripts
under duress caused by a supposed court of law refusing to abide by statutes he informed them of, see record, 44, 45, 59,
60.
6. Again in paragraph 7 of the per Curiam, appearing delusional and contrary to reality states, "It is unclear
from Driessen's brief whether the court took any action regarding Driessen's filings."
If the circuit court record does not state somewhere within; that Judge Eaton denied Driessen's Motion for Declaratory
Judgment in the record, seeking from the Judge an order declaring the state's marijuana THC laws unconstitutional, then why
was Driessen ordered to jail for possession of said THC? If we were to go by what is so written in the Per Curiam; then it
should be legal for Driessen to use marijuana because the Circuit Court failed to act on or deny his petition, which is clearly
and certainly filed in the Circuit Court and in the Record at 27 (1-19), duh. Please don't cut down a pro se litigant's writing
calling it "incomprehensible" unless you can do better.
In conclusion I beg of the Supreme Court to accept
this case on it's own accord at this time as it has the statutory authority to do. The marijuana use constitutionality issues
and false police report arguments within this Appeal apply to the lives of literally millions of Wisconsinites. Requiring
the filing of a notice, petition and possibly another fee on this petitioner's second appeal of this case in order to proceed
toward justice is an undo burden, that will only increase my distrust in and strengthen my resolve to petition and publicize
the inhumanity of what the system has become. I am aware of many other cases
where it appears that police fabricate reports and evidence throughout the United States and that for the most part judges,
coming up through the system through the prosecutorial ranks, defend the police beyond the limits of their oaths and constitutional
mandate. I am aware that over 100 million Americans have tried marijuana including Bill Clinton, George Bush Jr. and President
Obama. I am afraid that the continued criminalization of such a normal human activity as use of a well-known natural herb
could in part lead to a violent revolt. I'm active in several peace and reconciliation
organizations I do not resort to violence or thievery and have never been charged with such crimes. I am afraid that if certain authorities do not stand up for the constitution and the rights of citizens;
that we in the US will see a revolution that I only hope would remain as peaceful as the one in Egypt. Again, I ask the Appeals
Court to send this case (certify) to the Wisconsin Supreme Court or for the Supreme Court take jurisdiction of this case upon
it's own motion. .
As respectfully as I am capable of submitting at this time,
_____ Dated _March 22, 2011___
Kenneth
Leroy Driessen (pro se)
12022 N.
Co. Rd. T
Hayward
WI 54843
715-634-2801
wiscokidd@hotmail.com