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"I want to assure the court. We ." agonized over this A.K.A. The case of no questions asked. Or was it answered?
The argument is an
ingenious one, but, as a matter of Fact and federal constitutional law, it " presently" falls of its own weight!
1. Standard. In order to find a defendant competent, a court must find by
a preponderance of the evidence that he or she has sufficient "present" ability to consult
with his lawyer with a reasonable degree of rational understanding and that he has a
rational as well as factual understanding of the proceedings against him. Dusky v. U.S.,
362 U.S. 402 (1960).
Nicolaysen: "May I inquire of Your Honor whether or not the court is planning to make any "
factual findings" in regard to the " reasonable cause standard" under the statute since there are no findings that have been submitted by the government?"
" A democracy is a sheep and three wolves deciding on what to have for lunch.
A Republic is ~ Benjamin Franklin a well armed sheep contesting the results of the decision."
Martin v. Settle, 192 F.Supp. 156, 159 (W.D. Mo. 1961) (competency hearing
of law). may not be conducted in absence of the defendant and doing so deprives the defendant of due process
263 F.3d 906 (9th Cir. 2001)
YER LATE, YER LATE!! THE RULE OF LAW IS MISSING AND INFERED DEAD. THE NEW RULE IN AMERICA IS MOB RULE. AND THE RULE IS THAT THREE OR MORE CONSTITUTES A MOB.
AGENTS OF THE RED QUEEN KILLED IT.
THEREFORE AND HITHER THE LEGAL KILLING OF FEDERAL POLICE, AND OTHER AGENTS OF THE CROWN, MAY NOW OFFICIALLY COMMENCE .
OR IS IT COMMERCE?
IS IT THE WHITE ONES WE ARE SUPPOSED TO KILL?
YOU ASK WHY?
'CAUSEISAYSO! OR ARE YA BAFFLED AND MAD LIKE ME?
NOW, PLEASE POINT ME TO THE MINISTRY OF SILLY WALKS, SECRET HEARINGS, AND TREASONS, FOR A PROMPT REDRESS OF MY GRIEVANCE.
(“[T]rial of an [amnesiac] defendant can be
fundamentally unfair in some circumstances, and consequently trial judges must determine, on a case-by-case basis, whether the defendant could likely receive (and, at the conclusion of the trial, whether he in fact did receive) a fair trial.”). These courts have relied on several nonexhaustive factors relevant to the competency determination, including: (1) whether the defendant has the ability to participate in his defense, such as by consulting with counsel and taking the stand on matters other than the amnesiac event; (2) whether the amnesia is temporary or permanent; (3) whether the crime and the defendant's whereabouts at the time of the crime can be reconstructed without the defendant's testimony; (4) whether access to government files would aid in preparing the defense; and (5) the strength of the government's case against the defendant. See Andrews, 469 F.3d at 1119; Villegas, 899 F.2d at 1341; Rinchack, 820 F.2d at 1569; Swanson, 572 F.2d at 526-27; see also Davis, 766 F.2d at 1202 & n. 8 (relying on similar factors); LaFave, supra, § 8.1(a), at 567 n. 27 (discussing factors).
OUTSIDE IT'S AMERICA
what would be the capacity of law enforcement
and of the courts to SUPRESS this kind of SPEECH?" - Judge A. Howard Matz , PRE-TRIAL HEARING OF KILLERCOP.COM
A QUESTION FOR AMERICA:
Is "pretty good" pretty much like " pretty clear?" Because I'm " pretty sure" it is not. I know, it's complex. But then again, I'm officially nutzzzzzz, until certified (.pdf) un-nutzzzzzz, in a competent court of the law. So I am waiting on the law. It sure is not speedy...but it is baffled.
I'm all a Twitter waiting to see your reaction, to my reaction, to your Treatment and the promised Restoration. You'll just die when you see what I have in store for everyone involved in the story in 2012. At least that's my intent! 'Till then...
you know you have to look, there!! ABOVE!!
"another person" and "the person of another.
Read the plan, promptly!! A man's life, freedom and liberty are at stake!!! And it's probably a prudent thing to do, but don't speak about it!
In fact, don't even think about it, especially the cowards and the easily frightened children!
Keywords: Rights, Civil, Criminal, Process, Due Process, Denial, Secret, Conspire, Fraud on the Court, Human
The defendant's presence is not necessary?? Really? Since when? The dawn of man?
arrogant can Judge Howard Matz be? Read the rule of the law, again...I would think it is vital. And funda- mental.
yer good buddy the omnipotent Alex Kozinski. He is making a new rule of law, too, like you. The rule of no law, A.K.A. rules trump rights!!
, 192 F.Supp. 156, 159 (W.D. Mo. 1961) ( Martin v. Settle competency hearing may not
be conducted in ). absence of the defendant and doing so deprives the defendant of due process of law
Faretta v. California, 422 U.S. 806, 819 n.15 (1975), the
Supreme Court stated that a defendant has the “right to be present
at all stages of the trial where his absence might frustrate the
fairness of the proceedings.” See also Fisher v. Roe, 263 F.3d 906,
914-15 (9th Cir. 2001) (citing Snyder, 291 U.S. at 105-06)
(defendant has a right to be present if his presence “has a relation, reasonably substantial, to the fullness of his opportunity to defend”).
against the charge
But that was
when words mattered.
The Supreme Court has "long
recognized . . . that . . . justice cannot be equal where, simply
as a result of his poverty, a defendant is denied the opportunity
to participate meaningfully in a judicial proceeding in
which his liberty is at stake." Ake v. Oklahoma, 470 U.S. 68, 76,
"Due Process of law is the right of the Citizen affected thereby to be present before the tribunal which pronounces judgement upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of the right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black's Law Dictionary, 6th Edition, page 500.
Face to face with living witnesses the original trier of the facts holds a position of advantage from which appellate judges are excluded. In doubtful cases, the exercise of his power of observation often proves the most accurate method of ascertaining the truth. . . . How can we say the judge is wrong? We never saw the witnesses. . . .'"
Clearly, both Killercop and the court would have benefitted
from the services of a expert. Or three.
Contempt Of Cop
Washingtonpost.com - ' Contempt of Cop' Continued from Page 5 New D.C. police recruits were keenly aware of what they saw as deficiencies...
Blacks are arrested on 'contempt of cop' charge at higher rate - Blacks are booked by Seattle police for obstructing a public officer eight times as often as whites when population is taken into account, a Seattle P-I investigation of six years...
Henry Louis Gates' Contempt Of Cop Emptywheel - At tonight's nationally televised press conference, a reporter asked President Obama a question about the July 16 arrest of famed Harvard professor Henry Louis Gates. Obama set off...
Contempt of Cop' by William Norman Grigg - The police are to the government as the edge is to the knife, insists sociologist David Bayley, who apparently couldn't explain why the typical...
Expert Officer displayed 'contempt of cop' reaction Internal Affairs Contempt Of Cop II
CAMERA IS THE NEW SPEAK FOR GUN IN THE WILD, WILD WEST! - It's more about ' contempt of cop' than the violation of the wiretapping law.
Welcome to America Now step inside the jail cell - The audio exchange in this video was apparently recorded at the U.S. Canada border after a Canadian displayed contempt-of-cop towards the American law enforcement officer asking questions.
Contemptible police tactics - Cops raid the home of a licensed medical marijuana provider in Washington, handcuff the fourteen year old son and put a gun to his head, and search the nineteen year old daughter and take the contents of her mickey-mouse wallet.
How To Survive Traffic Stops in America, Submit, Instantly! - What the cops want is immediate obedience and submission. Many cops are ex-military and view the civilian motorists of America about like they viewed the hapless peasants of Iraq and Afghanistan, that is, with contempt, not as fellow citizens deserving of civility and respect. It is a possibly lethal mistake to do anything other than submit, instantly and obey! Or be ready to shoot first. But aim high.
My radio interview with Katherine Albrecht - Carlos Miller Photography is Not a Crime is interviewed by Katherine Albrecht, activist, radio host and privacy advocate, Tuesday afternoon where they discussed his blog, his arrests, the situation in the United Kingdom and the spread of contempt of cop cases that are popping up on the internet on a regular basis.
EVEN THE BRITISH ARE LAUGHING AT YA!!