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2023.05.31 17:08 Dorothy2023 Moorish Sov Cit Demands Murder Charges Dropped against © name person
WALLACE v. COMMONWEALTH (2023) FindLaw
Supreme Judicial Court of Massachusetts.
Nickoyan WALLACE v. COMMONWEALTH.
Decided: May 25, 2023
The case was submitted on the papers filed, accompanied by a memorandum of law. Nickoyan Wallace, pro se.
Nickoyan Wallace 1 has been indicted for murder in the first degree for the shooting death of a person in Boston, and related offenses. In the Superior Court, he filed “by Special Appearance” a document entitled “Notice of Default and Opportunity to Cure re Affidavit -- ‘Writ of Quo Warranto’ re Proof of Claim/Jurisdiction.” In general, he claimed that the courts of the Commonwealth lack jurisdiction over him;2 in an affidavit filed in the case, Wallace declared that he is a “Free Sovereign and Private Great Seal Moor.” The Superior Court judge treated the filing as a motion to dismiss and denied it. Wallace then filed a petition in the county court, pursuant to G. L. c. 211, § 3, seeking review of the Superior Court judge's order.3 A single justice of this court denied the petition, and Wallace appeals. We affirm.
Wallace has filed a memorandum pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001),4 which applies where, as here, a “single justice denies relief from a challenged interlocutory ruling in the trial court.” S.J.C. Rule 2:21 (1). We therefore consider whether Wallace has demonstrated, as the rule requires, “why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.” S.J.C. Rule 2:21 (2). He failed to meet that burden.
We have said many times that “[t]he denial of a motion to dismiss in a criminal case is not appealable until after trial, and ․G. L. c. 211, § 3, may not be used to circumvent that rule.” Soucy v. Commonwealth, 470 Mass. 1025, 1025, 26 N.E.3d 194 (2015), quoting Jackson v. Commonwealth, 437 Mass. 1008, 1009, 770 N.E.2d 469 (2002). That principle is no less applicable where the claims asserted involve jurisdictional issues. Such questions are “routinely addressed on direct appeal after a final judgment.” Calzado v. Commonwealth, 479 Mass. 1033, 1034, 97 N.E.3d 683 (2018). See Salomon S.A. v. LaFond, 463 Mass. 1003, 1003, 971 N.E.2d 1277 (2012) (ordinary appellate process “not per se inadequate to vindicate a claim of lack of personal jurisdiction”); Gouin v. Commonwealth, 439 Mass. 1013, 1013, 792 N.E.2d 115 (2003), and cases cited (subject matter jurisdiction claims “routinely addressed ․ on direct appeal following conviction”). See also Fitzpatrick v. Commonwealth, 453 Mass. 1014, 1015, 904 N.E.2d 426 (2009). “[U]nless a single justice decides the matter on the merits or reserves and reports it to the full court, neither of which occurred here, a defendant cannot receive review under G. L. c. 211, § 3, from the denial of his motion to dismiss.”5 Calzado, supra, quoting Bateman v. Commonwealth, 449 Mass. 1024, 1024-1025, 868 N.E.2d 606 (2007).
Nothing in Wallace's petition under G. L. c. 211, § 3, required exercise of the court's extraordinary power of general superintendence, and the single justice was warranted in denying it.
1. In his petition, Wallace identified himself as “ ‘Szyon Nkrumah, Al © All Rights Reserved,’ Indigenous, Free Sovereign and Private Great Seal Moor, in propria persona, sui juris (not pro se or colorable); Secured Party, Third Party IntervenoAdministrator for WALLACE, NICKOYAN ©.”
2. Wallace bases his claim on myriad treaties, laws, and constitutional provisions. He also claims a treaty right to “Consular assistance” in this matter. We do not consider the substantive merits of his claims at this interlocutory stage.
3. The Superior Court's docket reflects that Wallace also filed a notice of appeal.
4. The rule also requires that “[t]he appeal shall be presented ․ on the papers filed in the single justice session” and that the petitioner must file a record appendix. S.J.C. Rule 2:21 (2). Wallace failed to file a record appendix containing the record before the single justice. See Bishay v. Land Court Dep't of the Trial Court, 477 Mass. 1032, 1033 n.2, 81 N.E.3d 292 (2017) (“[t]his presents a further reason not to disturb the judgment”).
5. We have recognized a limited exception to this rule, where a “criminal defendant ․ raises a double jeopardy claim of substantial merit.” Neverson v. Commonwealth, 406 Mass. 174, 175, 546 N.E.2d 876 (1989). That exception does not apply to the jurisdictional claims asserted here. See Gouin, 439 Mass. at 1013, 792 N.E.2d 115 (subject matter jurisdiction claim not comparable to protection against double jeopardy); Meuse v. Commonwealth, 437 Mass. 1004, 1004-1005, 769 N.E.2d 271 (2002).
Moorish sovereign citizen from Dorchester demands state drop murder charges because state has no jurisdiction over him; state's highest court rules it does.
The Supreme Judicial Court ruled today that Nickoyan Wallace has to stand trial on charges he shot a man to death on Park Street in Dorchester in 2021.
The state's highest court rejected a request by Wallace, 49, who know goes by the name of "Szyon Nkrumah, Al © All Rights Reserved," to dismiss the case because he is an "Indigenous, Free Sovereign and Private Great Seal Moor, in propria persona, sui juris (not pro se or colorable)" and so not bound by the laws of the Commonwealth.
The justices did not deal directly with the sovereignty issues Wallace raised in his "writ of quo warranto" (an ancient legal writ used to question the authority of rulers), because in Massachusetts, appeals of denials of motions to dismiss can normally only be filed after a verdict has been rendered in a criminal case, and Wallace has yet to come to trial on charges he gunned down Ivanildo Barros 590 Park St. on May 28, 2021. The court said it can only hear such pre-verdict motions in rare cases, such as in potential cases of double jeopardy, which is not at issue in Wallace's case.
Wallace's trial on murder and gun charges is currently scheduled for Jan. 23 in Suffolk Superior Court. At a hearing last week, Wallace, who is acting as his own attorney, but with a "stand by" lawyer appointed by the court, objected to "the entirety of the proceeding," court records show.
This will not be the first time that Wallace has faced a murder charge. In 2000, Wallace and one of his brothers were charged with murdering a third brother, allegedly over drugs, and based in part on testimony from a fourth brother.
Prosecutors decided to try both brothers together, but Wallace's brother fled. The SJC eventually ordered the dismissal of the murder charge against Wallace because he was deprived of his right to a speedy trial as police hunted the brother - who was convicted in 2017 on second-degree murder charges.
Both brothers were charged in federal court for robbing a Providence gun store at gunpoint several months after their brother's murder. Wallace was convicted and served a ten-year sentence in federal prison. Source: Rules Don't Apply to Me
Dorchester man convicted of murdering his brother in a dispute over drugs in 2000
A Suffolk Superior Court jury yesterday convicted Timi Wallace, 44, of second-degree murder for the drug-related shooting death of his brother, Tasfa Wallace, on Levant Street on March 26, 2000, the Suffolk County District Attorney's office reports.
Wallace will be sentenced today to life in prison with the possibility of parole after 15 years. He is already serving a 25-year federal prison sentence for robbing a Rhode Island gun store with a third brother, Nickoyan.
Assistant District Attorney Ursula Knight and Philip Cheng presented evidence and testimony over the course of four days proving Wallace’s participation in Tasfa Wallace’s homicide. He was observed directly outside Tasfa Wallace’s apartment, moments before the victim was shot multiple times through the apartment’s front door in what prosecutors argued was the culmination of a drug-related dispute, and he was observed leaving the building immediately after the shooting. Among the witnesses at trial was the now-retired detective who was the lead investigator on the 17-year-old murder.
Nickoyan Wallace was also initially charged with the murder, but the charge was dismissed because prosecutors did not bring him to trial fast enough. Nickoyan was arrested in 2000, Tasfa in 2004.
Source: Killed Brother
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