Time: Fri Dec 05 01:33:14 1997 To: nickishay@juno.com From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Advice Requested Cc: Bcc: sls References: <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)
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