Killercop: "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.
CHECK MY VITAL SIGNS, DOC, CAUSE IT LOOKS LIKE I AM ALREADY DEAD.
Rule 43, which you used to explainmy 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 processafforded 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.
More than 230 participants attended the
18th Annual National Jewish Law Students Association Conference held February at
USC.
L to R: Alissa Malzman ’06, Melissa
Balaban ’91, Julie Marder (Michigan), Judge Stephen Reinhardt, Judge Alex Kozinski, Judge A. Howard Matz, Sam Yebri ’06,
Tanya Bayeva (Michigan), conference participant,
Rachel Feldman ’06, Rachel
Weinstein ’06 and Debbie Ghodsian ’06.
LOS ANGELES -- Nevada Senate candidate Sharron Angle backed away Tuesday from remarks in which she referred to the Second Amendment right to bear arms and the need to "take ... out" Senate Majority Leader Harry Reid.
Angle, in her first extended Nevada interview since winning the June 8 primary, said she was speaking broadly about the Constitution and her words about the Democratic leader were "a little strong."
The Republican nominee stopped short of an apology but said she no longer uses that phrase.
"I meant take him out of office, and taking him out of office is a little different," Angle said. "I changed my rhetoric."
Federal Judge Impeached by House in Unanimous Vote
The House of Representatives voted 412-0 today to approve the first of four articles of impeachment against New Orleans District Judge Thomas Porteous.
The article found the judge was engaging in misconduct by not disclosing his relationship with a lawyer before him in a hospital case, the Times-Picayune reported. House votes on the other three articles are pending.
"Regrettably, no one can have that expectation in Judge Porteous' courtroom. We hope the Senate will schedule the trial expeditiously, so that we may prove our case and remove him from office."
Porteous is the 15th judge to ever be impeached by the House. The most recent impeachment was of Samuel Kent of the Southern District of Texas in June. Kent—who was drawing his salary while serving a 33-month sentence for lying to investigators about his nonconsensual sexual contact with two employees—resigned from office before the Senate could mount a trial.
You have one choice. Meaning, there are two things from which you can choose. It’s either are you STUPID or CORRUPTED?
Questions means he is either playing baffled again, or playing stupid. He displays a talent to do both remarkably well, when convenient. And Lodged is not the lodge or inn down the street, nor is it even the chalet that Gary Winnick is sleeping in tonight.
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.
SOURCE:A Manual on
Jury Trial
Procedures
Prepared by the
Jury Instructions Committee
of the Ninth Circuit
Members:
Judge George H. King, Chair
Judge Roger L. Hunt
Judge Lawrence K. Karlton Judge A. Howard Matz
Judge Jeffrey T. Miller
Judge Marsha J. Pechman
Magistrate Judge John Jelderks
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).
Such
‘stigma’, according to the American sociologist Erving
Goffman, is ‘the situation of the individual who is disqualified
from full social acceptance’.