If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.
Rule 43(a), Fed. R. Crim. P., provides in part that a defendant
must be present at every trial stage, including the jury
impanelment and the return of the verdict and sentencing, unless
otherwise provided by the rules.
Rule 43(b)(3), Fed. R. Crim. P., provides in part that a
defendant need not be present where the “proceeding involves only a conference or hearing on a question of law.”
A QUESTION OF INCOMPETENCE IS A QUESTION LAW??? NOT!!!
To make matters even more frustrating, particularly from the viewpoint of a tax paying private citizen, finding out about these laws took me all of 5 minutes using the Google search engine, something I would expect the attorneys and judge A. Howard Matz take the time to do in the first place, especially when I spelled out all of the legal applications in my original appeal. I literally feel as if I just did the work that others should have done in the course of their duties and part of the due process and diligence that I would hope lawyers engage in. I know attorneys hate that.
"A finding of competency is one of a fact, not law."
"A finding of competency is one of a fact, not law. United States -v- Shepard, 538 F.2d 107 at 110; United States -v- Fratus -- F-r-a-t-u-s -- 530 F.2d 644 at page 647; U.S. -v- Winn, 577 F.2d 86 at note 14 on page 88; Dusky v. United States, 362 U.S. 402, annotations at paragraph 8 on page 2083. Rule 43, which you used to explain my absence obviously does not apply. And since a finding of incompetence is one of clearly a fact, not law -- And under the right of due process afforded to an accused in a court, the court could not abridge that right by that rule. Pursuant to Title 18, section 2072 (b), 'no rule shall abridge, modify or enlarge a substantive right. 'Rights trump rules. Further, this court never found me incompetent at the March 14th hearing, so the hearing on April 7th should have been conducted pursuant to the protections afforded to an accused under the Fifth Amendment, due process, and the Sixth Amendment..." ~REPORTER'S TRANSCRIPT OF PROCEEDINGS,
Los Angeles, California Monday, August 27, 2003
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.