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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DANIEL WALTER WILLIAMS, Defendant-Appellant.

UNPUBLISHED January 15, 2008

No. 274063 Macomb Circuit Court LC No. 2006-002605-FH

Before: Talbot, P.J., and Zahra and Meter, JJ. PER CURIAM. Defendant appeals as of right his jury trial conviction for filing a false or fraudulent financing statement, MCL 440.9501(6). Defendant was sentenced to three years of probation. We affirm. I Basic Facts and Proceedings Defendant's conviction arises out of a dispute between defendant and his bank loan officer, Brad Kress. Defendant, in retaliation for the bank's actions regarding a line of credit and subsequent foreclosure of defendant's property, attempted to secure a $10 million lien on Kress' personal and real property pursuant to a UCC financing statement. In an attempt to establish the existence of a security agreement upon which to file a UCC financing statement, defendant had first sent Kress a "notice and demand" demanding the bank restore his account. After no response, defendant purportedly "initiated a lawful action under common law" by sending Kress a "true-bill-private security agreement," which contained over a thousand statements in which Kress purportedly would "freely admit and confess," if not responded to in thirty days. After no response, defendant purportedly convened a so-called jury under the Seventh Amendment that determined Kress owed defendant ten million dollars. Based on the so-called jury verdict, defendant filed the mentioned UCC financing statement.1

1

Kress' employer initially filed an ex parte motion to to terminate the UCC financing statement, which was granted. After a subsequent hearing in which defendant participated, the court removed the UCC financing statement from the record.

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II Stay Pending Removal On appeal, defendant first argues that the lower court proceedings should have been stayed pending the resolution of a notice of removal defendant filed with the United States District Court. A. Standard of Review "While the time limitations of 28 USC

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