Time: Fri Dec 05 01:55:42 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id BAA19629 for <pmitch@smtp-local.primenet.com>; Fri, 5 Dec 1997 01:47:11 -0700 (MST) by smtp04.primenet.com (8.8.7/8.8.7) id BAA12743; Fri, 5 Dec 1997 01:33:20 -0700 (MST) via SMTP by smtp04.primenet.com, id smtpd012700; Fri Dec 5 01:33:15 1997 Date: Fri, 05 Dec 1997 01:33:14 -0800 To: nickishay@juno.com From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Advice Requested <snip> > >Outside the courtrom we all gathered to support Lloyd. His attorney >friend said, "Well Lloyd, we won!" I asked, "How is that - that he won?" > >The friend said, "It is the law that a Judge cannot act as Lloyd's >attorney and the Judge at the same time." "When we return on Dec. 23, >we'll ask that this case be dismissed based upon that illegality." > >Paul: Is this accurate? I am not positive that I heard the exact >statement that Lloyd made to the Judge, but it was very darned close. >Can you amplify on this for me if you have time. Dear Nicki, Yes, this is correct. The court cannot proceed until the accused understands the charge. Lloyd made it very clear that he did NOT understand the charge. Lloyd's position invokes the Sixth Amendment Right to know the nature and cause of the accusation. Thus, he has already raised a non-frivolous, fundamental issue. The ONLY thing which the court could do at that point in time, is to enter a plea for him, because they cannot proceed without a plea having been entered. Lloyd must now OBJECT formally, if he did not do so at the moment that "not guilty" plea was entered. Here is what I recommend: Lloyd should file a NOTICE OF WITHDRAWAL OF PLEA, BY AFFIDAVIT, and serve it on all parties. That will set up the challenge properly. Also, is there a verified complaint by damaged party(s)? This is very fundamental also. If the so-called damaged parties are lying, those lies are actionable under applicable perjury laws in his state. He can sue the police later, for cruel and unusual punishment. I hope this helps. /s/ Paul Mitchell, Candidate for Congress http://supremelaw.com > >That strategy, if valid, would prove interesting to many innocent parties >if they knew about it. > >Thanks, Paul - God Bless and Love you for your courage! > >Nicki Shay (nickishay@JUNO.com) =========================================================================== Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01 B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02 tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03 email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU 04 website: http://supremelaw.com : visit the Supreme Law Library now 05 ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best 06 Tucson, Arizona state : state zone, not the federal zone 07 Postal Zone 85719/tdc : USPS delays first class w/o this 08 _____________________________________: Law is authority in written words 09 As agents of the Most High, we came here to establish justice. We shall 10 not leave, until our mission is accomplished and justice reigns eternal. 11 ======================================================================== 12 [This text formatted on-screen in Courier 11, non-proportional spacing.] 13
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