"I notice for
example, Your Honor expanded the options, not just psychiatric
but psychological.Possibly the court had in mind a battery of
Psychological tests?" ~~Gregory Nicolaysen, attorney forced on Killercop, one of many.
"Crime of violence" determination is a legal,
not factual, one. See United States v. Brown, 417 F.3d 1077,
1079-80 (9th Cir. 2005).
Among those rights guaranteed by the Fifth Amendment to the
United States Constitution is the right
to due process of law, which encompasses the right to a fair
trial. See, e.g., United States v. Augurs, 427 U.S. 97, 107
(1976)
" At any time after the commencement of a prosecution for an
offense and prior to the sentencing of the defendant, . . . the
defendant or the attorney for the Government may file a motion
for a hearing to determine the mental competencyof KILLERCOP.
The court’s determination of competency is a factual, rather than legal, determination. United States v. Makovich, 209 F.3d 1227, 1232 (10th Cir. 2000). In determining competency,
this court “‘may rely on a number of factors, including medical opinion and the court’s
observation of the defendant.’” United States v. Boigegrain, 155 F.3d 1181, 1189 (10th Cir.
1998) (quoting United States v. Nichols, 56 F.3d 403, 411 (2d Cir. 1995)). In cases, such as this
one, with multiple experts, a district court may find a defendant competent by adopting the
findings of one expert and discounting the contrary findings of another. Miles v. Dorsey, 61 F.3d
1459, 1472-74 (10th Cir. 1995); Mackovich, 209 F.3d at 1232; Deshazer, 554 F.3d at 1287.
Martin v. Settle, 192 F.Supp. 156, 159 (W.D. Mo. 1961) (competency hearing may notbe conducted in absence of the defendant and doing so deprives the defendant of due process of law).
Okay, the word "Hybrid," from this point on in the rest of this true story, below, is now changed to reflect it's meaning and nature of the word Hybrid: "Illegal and Unlawful"
Federal prosecutors apply conspiracy to a variety of situations, making it one of the most commonly charged Federal crimes. Section II of this article outlines the basic elements of a conspiracy offense under section 371, namely, agreement; illegal goal; knowledge, intent, and participation; and overt act.
DUARTE: “That’s where we all ended up with this ILLEGAL AND UNLAWFUL kind of order,...”
Page 7, Lines 22-25 Gregory Nicolaysen “Yeah. It is a scenario that does involve a ILLEGAL AND UNLAWFUL, to borrow the government’s word, and we used the word ILLEGAL AND UNLAWFUL when we spoke on Friday, and again on Saturday; and we found that that would be theinherent legal defect in the ILLEGAL AND UNLAWFUL order …
Later I would meet the Warden, once, too, and inform him of the secret hearing; that is once Greg finally sent me a copy of the secret hearing, but only months later, and only after pressuring me to "take a deal, or they can hold you there forever!." To which I replied, "Byte Me!" Actually, I believe I yelled it at him .
After I told the Warden what had happened those past months since the unlawful hearing, coupled with me in his office yelling, and going on about how his Doctor had not spoken to me but once, off I went, back to California!
18 USC 4241(e) Discharge.— When the director of the facility in which a defendant is hospitalized pursuant to subsection (d) determines that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the defendant’s counsel and to the attorney for the Government. The court shall [then] hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine the competency of the defendant.
At he next "hearing," Dr. Who claimed he then cured me!! It was like, magic. A regular miracle.
“It’s legal” is what people say when they don’t have ethics. the law is there to set the limit of what is punishable (aka where the state needs to intervene) but we are supposed to have ethics, and that should be the primary guiding force in our actions, you fucking fuckheads.