The Supreme Court has, on occasion, described incompetence in terms of a right not to be tried.
E.g., Godinez v. Moran, 509 U.S. 389, 396 (1993) (“ A criminal
defendant may not be tried unless he is competent.”);
Drope, 420 U.S. at 171 (holding that an incompetent defendant
“ may not be subjected to a trial”); id. at 172 (describing
“ a defendant’s right not to be tried or convicted while incompetent”).
The Supreme Court, however, has never held that incompetency includes an absolute right not to be tried, or that a competency determination cannot be reviewed effectively on appeal after conviction. On the contrary, the Court has said that “[d]ouble jeopardy and speech or debate rights are sui generis in this regard.” Flanagan, 465 U.S. at 267, 104 S.Ct. 1051; see also Mohawk Indus., Inc. v. Carpenter, 558 U.S. ----, 130 S.Ct. 599, 602, --- L.Ed.2d ---- (2009) (“[T]he class of collaterally appealable orders must remain ‘narrow and selective in its membership.’ ” (quoting Will v. Hallock, 546 U.S. 345, 350, 126 S.Ct. 952, 163 L.Ed.2d 836 (2006))). At base, incompetency concerns a right to a fair trial. See Drope, 420 U.S. at 172, 95 S.Ct. 896 (“
[T]he failure to observe procedures adequate to protect a defendant's right not to be tried or convicted while incompetent to stand trial deprives him of his due process right to a fair trial.”). That right can be protected adequately by post-conviction appellate review.
Due process of law is defined in procedural cases by the Supreme Court with full consideration to what society considers wrong and unfair.
Justice Frankfurter, who contributed greatly to the definition and expansion of procedural due process, stated in 1950:
." The Due Process Clause embodies a system of rights based on moral principles so deeply as to be deemed embedded in the traditions and feelings of our people fundamental to a civilized society as conceived by our whole history
On many another occasion, that Court has stressed the role of "
conscience" in defining due process of law.
Modern Constitutional Law, by Chester J. Antineau]
[The Lawyers Co-operative Publishing Company]
[Rochester, New York, 1969, emphasis added]
PAEZ, Circuit Judge:
Killercop had a constitutional due process right
not to be tried or convicted [while incompetent to stand trial.]
This right not only assures that Killercop has the present, to
ability to consult with counsel understand the nature and
object of the proceedings against him, and to aid in the preparation
of his defense, Dusky v. United States, 362 U.S. 402, 402 (1960), it is “ fundamental to an adversary system of justice.”
Drope v. Missouri, 420 U.S. 162, 172 (1975).
I have never doubted -- and I've told you
previous times -- that you have Probably have
lots of smarts. more smarts than is good for you. So I make that reference
because I think everything you've done has been intentional
Maybe you like staying at MDC because you think that the outcome of the trial is foreordained.
So you'd rather stay
there than ~~ some other institution. I don't know what your
underlying motive will be.
But ... for those reasons, I deem that you are now
required to proceed pro se. Judge A Howard Matz, PRETRIAL OF KILLERCOP
KILLERCOP DIDN'T HAVE TO THINK "The outcome of the trial is Foreordained,"
HE KNEW "The outcome of the trial was Foreordained.
"But either way, you're going to trial!" ~Judge A Howard Matz, PRETRIAL OF KILLERCOP
HOW CUTE, JUDGE MATZ LIKES TO PLAY "MAYBE." OKAY,
MAYBE YOU ARE A CROOKED JUDGE, AND MAYBE YOU ARE GOING TO HAVE A PAIR OF TINY HANDCUFFS AROUND YOUR WRISTS. OR MAYBE WORSE? BECAUSE MAYBE YOU COMMITTED TREASON. YER GOOD BUDDY DID!
THE CHIEF RULE BREAKER OF THE NINTH CIRCUIT. ALEX KOW-ZINSKI
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!
Fascism should rightly be called corporatism as it is a merge of state and corporate power" ...Benito Mussolini
big government and corporations working hand in hand together to deny you rights and make money off you like a slave.
Ake v. Oklahoma, 470 U.S. 68, 70 (1985),
concerns the question, "whether the Constitution requires that an indigent defendant have access
to the psychiatric examination and assistance necessary to prepare an
effective defense based on his mental condition, when his sanity at the is
time of the offense seriously in question."
And in the year 2010 we're still trying to figure out if you've got a lawyer that's going to be okay for you the way you see it.
That's not going to happen because at some point I have the
power and the obligation to find that you have waived your right
to have a lawyer represent you. And then you're going to trial
on your own.
But " ~Judge A Howard Matz, either way, you're going to trial! 01.14.2003
UNCLE SAM, WHAT SAY YE?
My belief has always been . . . that wherever in this land any individual's ” ~ Ronald Reagan fundamental constitutional rights are being denied, it is the obligation of the federal government -- at point of bayonet if necessary -- to restore that individual's constitutional rights.
"OBLIGATION" WAS TO THE OATH YOU FREELY GAVE FOR/OF AND BY THE PEOPLE OF THESE united STATES. AS SUCH:
Whenever a judge acts where he/she
does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821).
Killercop also has an obligation
to impose a sentence that reflects
the seriousness of this criminal conduct; that will promote respect for the law and afford an adequate deterrent not only to
you, but to others who might elect to engage in this kind of conduct.
I have an obligation to fix a sentence that provides appropriate
and just punishment; that will serve to incapacitate you, to the
extent that is necessary, . . . and appropriate to protect the public.
DUARTE: BUT JUST SO THE COURT
UNDERSTAND THAT, THEN, I DON'T CHALLENGE THE COURT'S PROCESSES. I HAVE GREAT RESPECT FOR THAT.
Contempt Of Cop
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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!!