Sheila Terese, Wallen, Sui Juris
c/o General Delivery
Arivaca [zip code exempt]
ARIZONA STATE
In Propria Persona
Under Protest, Necessity, and
by Special Visitation Only
UNITED STATES DISTRICT COURT
JUDICIAL DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, ) Case No. 95-484-WDB
)
Plaintiff, ) NOTICE AND DEMAND FOR
) THE RIGHT TO ENJOY
v. ) THE ASSISTANCE OF
) COUNSEL OF CHOICE:
Sheila Terese, Wallen, ) Sixth Amendment
)
Defendant. )
________________________________)
COMES NOW Sheila Terese, Wallen, Sui Juris, Citizen of Arizona
state and Defendant in the above entitled matter (hereinafter
"Defendant"), to demand this honorable Court to recognize Her
fundamental Right to enjoy the assistance of either Counsel(s) or
Co-Counsel(s) of Her choice who are not necessarily members of
the State Bar of Arizona and who are not necessarily licensed
attorneys, for the following reasons:
1. The Constitutional guarantee of right to "assistance of
counsel" is not qualified.
2. The Constitution of the State of Arizona, 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superseded or amended by any act of the Legislature or by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.
Notice and Demand to Enjoy the Assistance of Counsel: Page 1 of
4
3. Defendant has the fundamental Right to the effective
assistance of Counsel of Her 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
associations.
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
its fundamental "Rights Sua Sponte" or those declared or demanded
by the Defendant, then the Court of its own volition denies
itself jurisdiction.
RELIEF REQUESTED
Therefore, the Defendant moves the Court to grant this
demand for the right of assistance of Counsel or Co-Counsel,
whichever the Defendant wishes to have, to insure to the
Defendant fair proceedings and justice, which Rights are more
Notice and Demand to Enjoy the Assistance of Counsel: Page 2 of
4
fully set forth in the attached brief in support of the absolute,
unalienable Right to unfettered Counsel.
Executed on July 22, 1996
/s/ Sheila Wallen
Sheila Terese, Wallen, Sui Juris
Citizen of Arizona state
all rights reserved without prejudice
/s/ Paul Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state,
Counselor at Law and federal witness
all rights reserved without prejudice
Notice and Demand to Enjoy the Assistance of Counsel: Page 3 of
4
PROOF OF SERVICE
I, Sheila Terese, Wallen, 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 and a Citizen of one of the United States of America, and
that I personally served the following document:
NOTICE AND DEMAND FOR THE RIGHT TO ENJOY
THE ASSISTANCE OF COUNSEL OF CHOICE:
Sixth Amendment
by placing said document in first class U.S. Mail, with postage
prepaid and properly addressed to the following individuals:
Office of the United States Attorney [hand-delivered]
110 South Church Avenue, Suite 8310
Tucson [85701]
ARIZONA STATE
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
Dated: July 22, 1996
/s/ Sheila Wallen
________________________________________
Sheila Terese, Wallen,
Citizen of Arizona state
all rights reserved without prejudice
Notice and Demand to Enjoy the Assistance of Counsel: Page 4 of
4
# # #
Return to the Table of Contents for
U.S.A. v. Wallen