Floyd Raymond, Looker, Sui Juris
c/o HC 63, Box 12-AA
Nettie [zip code exempt]
WEST VIRGINIA

In Propria Persona

Under Protest, Necessity, and
by Special Visitation Only






                  UNITED STATES DISTRICT COURT

               NORTHERN DISTRICT OF WEST VIRGINIA


UNITED STATES OF AMERICA, [sic]  )  Criminal No. 5:96-CR-40
                                 )
          Plaintiff, [sic]       )  NOTICE AND DEMAND FOR
                                 )  THE RIGHT TO ENJOY
     v.                          )  THE ASSISTANCE OF
                                 )  COUNSEL OF CHOICE:
FLOYD RAYMOND LOOKER, a/k/a RAY, )  Sixth Amendment
JAMES M. JOHNSON, a/k/a J.J. and )
IMAM A. LEWIS, [sic]             )
                                 )
          Defendants. [sic]      )
_________________________________)


COMES NOW  Floyd Raymond,  Looker, Sui  Juris,  Citizen  of  West

Virginia  state  and  Defendant  in  the  above  entitled  matter

(hereinafter "Defendant"),  to demand  that this  honorable Court

recognize His fundamental Right to enjoy the assistance of either

Counsel(s) or Co-Counsel(s) of His choice who are not necessarily

members of  the State  Bar of  West Virginia,  and  who  are  not

necessarily licensed attorneys, for the following reasons:


       Notice and Demand to Enjoy the Assistance of Counsel:
                          Page 1 of 4


     1.   The Constitutional  guarantee of  the fundamental right

to "assistance of Counsel" is not qualified.  See Sixth Amend.

     2.   The  Constitution   of  the  State  of  West  Virginia,

ordained and  established by  the People  for  Their  protection,

shall not  be superseded or amended by any act of the Legislature

or by anything in the Constitution or laws of any State.

     3.   Defendant has  the fundamental  Right to  the effective

assistance of  Counsel of  His choice, to stand by, and to advise

the Defendant  while proceeding  In Propria  Persona.   People v.

Hill, (1969)  70 C.2d 678,  76 Cal.Rptr. 225, 452 P.2d 329, cert.

denied 406  U.S.   971;   People v.  Zamora, (1944) 66 Cal.App.2d

166, 152 P.2d 180.

     4.   Within the  unambiguous language  of the  Constitution,

the assistance  of Counsel  does not restrict it to any state bar

association(s).

     5.   Defendant refuses  to waive  any fundamental  Rights or

Immunities in order to assert another Right or Immunity.

     6.   The Right  to Counsel  has been deeply embedded in true

American tradition since the foundation of this Republic, and has

been most  recently set  forth by the United States Supreme Court

in Faretta v. State of California, 422 U.S. 806 (1975).

     The U.S.  Supreme Court  has ruled  as follows:    "If  this

requirement of  the Sixth  Amendment is  not complied  with,  the

court no longer has jurisdiction to proceed."  Johnson v. Zerbst,

304 U.S. 458, 468 (1938).

     In addition,  if this Court fails to notify the Defendant of

His fundamental Rights Sua Sponte, or to ensure those declared or

demanded by  the Defendant,  then the Court, of its own volition,

ousts itself jurisdiction.


       Notice and Demand to Enjoy the Assistance of Counsel:
                          Page 2 of 4


                        RELIEF REQUESTED

     Therefore, the  Defendant  demands  that  this  Court  honor

Defendant's fundamental Right to the assistance of Counsel or Co-

Counsel, whichever the Defendant wishes to have, to ensure to the

Defendant justice  and fair  proceedings, which  Rights are  more

fully set forth in the attached brief in support of the absolute,

unalienable Right to unfettered Counsel of choice.


Executed on ____________________________

/s/ Ray Looker

Floyd Raymond, Looker, Sui Juris
Citizen of West Virginia state

All Rights Reserved without Prejudice


Executed on December 4, 1996

/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
and Counselor at Law

All Rights Reserved without Prejudice


       Notice and Demand to Enjoy the Assistance of Counsel:
                          Page 3 of 4


                        PROOF OF SERVICE

I, Paul  Andrew,  Mitchell,  Sui  Juris,  hereby  certify,  under

penalty of  perjury, under  the laws  of  the  United  States  of

America, without the "United States," that I am at least 18 years

of age,  a Citizen  of one  of the  United States of America, and

that I personally served the following document(s):

                        NOTICE AND DEMAND
                     FOR THE RIGHT TO ENJOY
              THE ASSISTANCE OF COUNSEL OF CHOICE:
                         Sixth Amendment

by placing one true and correct copy of said document(s) in first

class U.S.  Mail, with  postage prepaid and properly addressed to

the following:


Office of the United States Attorney
Federal Building
Wheeling
WEST VIRGINIA

Clerk of Court
United States District Court
Wheeling
WEST VIRGINIA

Attorney General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA

Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA


Executed on:  December 4, 1996


/s/ Paul Andrew Mitchell
__________________________________________
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
and Counselor at Law


       Notice and Demand to Enjoy the Assistance of Counsel:
                          Page 4 of 4


                             #  #  #
      


Return to Table of Contents for

U.S.A. v. Looker