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shall not be superseded or amended by any act of the Legislature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
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U.S.A. v. Looker