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UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

MEDFORD DIVISION 

UNITED STATES OF AMERICA, Case No. 1:15-CR-00407-MC 

Plaintiff, 

v 

KENNETH W. MEDENBACH 

Defendant. 

BRIEF IN SUPPORT OF 

DEFENDANT'S MOTION TO DISMISS 

FOR LACK OF JURISDICTION 

16 The charges against the defendant, Kenneth W. Medenbach are barred, because the 

17 United States District Court of Oregon, Medford Division, has not proven jurisdiction, 

pursuant to the following cases: 

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The law provides that once State and Federal Jurisdiction has been challenged, it must be 

20 

proven. Main v. Thiboutot, 100 S. Ct. 2502 (1980) 

21 

22 Jurisdiction can be challenged at any time and once challenged, cannot be assumed and 

23 must be decided. Basso v. Utah Power & Light Co., 495 F 2d 906,910. 

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Case 1:15-cr-00407-MC Document 15 Filed 01/11/16 Page 1 of 4
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2 " ... there is, as well, no discretion to ignore that lack of jurisdiction." Joyce v. US, 474 F2d 

3 215 

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"A court lacking jurisdiction cannot render judgment but must dismiss the cause at any 

stage of the proceedings in which it becomes apparent that jurisdiction is lacking." 

Bradbury v. Dennis, 310 F.2d 73 (lOth Cir. 1962) 

The burden shifts to the court to prove jurisdiction. Rosemond v. Lambert, 469 F2d 416 

.. .if the issue is presented in any way the burden of proving jurisdiction rests upon him 

who invokes it. Latana v. Hopper, 102 F. 2d 188 

When it clearly appears that the court lacks jurisdiction, the court has no authority to 

reach the merits. In such a situation the action should be dismissed for want of 

14 jurisdiction." Melo v. United States, 505 F. 2d 1 026 

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16 Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted. 

17 Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150 

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No officer can acquire jurisdiction by deciding he has it. The officer, whether judicial or 

ministerial, decides at his own peril." Middleton v. Low (1866), 30 C. 596, citing Prosser 

v. Secor (1849), 5 Barb.(N.Y) 607, 608 

22 Where a court has jurisdiction, it has a right to decide any question which occurs in the 

23 cause, and whether its decision be correct or otherwise, its judgments, until reversed, are 

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regarded as binding in every other court. But if it acts without authority, its judgments 

and orders are regarded as nullities. They are not voidable, but simply void, and form no 

bar to a remedy sought in opposition to them, even prior to a reversal. They constitute no 

justification, and all persons concerned in executing such judgments or sentences are 

considered in law as trespassers. Elliott v Peirsol, 1 Pet. 328, 340, 26 U.S. 328, 340, 

7L.Ed. 164 (1828) 

Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it 

assumes to act, its proceedings are absolutely void in the fullest sense of the term." Dillon 

v. Dillon, 187 P 27 

A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case 

before a tribunal is its power to act, and a court must have the authority to decide that 

question in the first instance." Rescue Army v. Municipal Court ofLos Angeles, 171 P2d 

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8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409 

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Case 1:15-cr-00407-MC Document 15 Filed 01/11/16 Page 3 of 4
CERTIFICATE OF SERVICE 

I hereby certify that on 1/5/2016, I made service of the following document : BRIEF IN 

SUPPORT OF DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, by placing a copy 

in a first- class postage paid envelope in Burns, Oregon, for delivery by U.S. mail to the address 

set forth below: 

United States of America 

U.S. Attorney's Office 

310 West Sixth 

Medford, Oregon 97501 

1 

Kenneth W. Medenbach 

135887 Main St., PO Box 333 

Crescent, Oregon 97733 

Case 1:15-cr-00407-MC Document 15 Filed 01/11/16 Page 4 of 4