 |
|
|
|
|
|
|
|
|
 |
|
|||||||
 |
 |
 |
|
 |
|
|
||
 |
|
|||||||
|
United States v. Bibler, defined an illegal sentence as one that “exceeds the permissible statutory penalty for the crime or violates the Constitution.” Id.(emphasis added). 495 F.3d 621, 624 (9th Cir. 2007).
"YOU KNOW, WE REALLY -- YOU'VE PUT YOUR FINGER ON SOMETHING THAT IS A CONCERN. WE REALLY HAVE TO BE CAREFUL - - I MEAN, EVEN WHEN YOU START OUT WITH A CASE THAT'S BASED ON SPEECH OVER THE INTERNET, YOU OBVIOUSLY GAVE A LOT OF THOUGHT, AND THE LEGISLATURE HAS GIVEN A LOT OF THOUGHT TO CRAFTING LAWS THAT BALANCE FREE SPEECH AGAINST THREATS TO SOCIETY.
I'M NOT QUESTIONING AT ALL THAT THIS IS AN APPROPRIATE CASE TO BRING.
AND AS I SAID, THESE ARE WHAT I
CONSIDER TO BE SERIOUS CHARGES. BUT THE FIRST AMENDMENT IS
'LOOMING' THERE AS A GLOBAL CONTEXT FOR THE ENTIRE PROSECUTION.
AND, THEN, YOU'RE RIGHT, IT DOES APPEAR, AT LEAST THERE'S
SOME SUGGESTION, THAT KILLERCOP WOULD HOLD SOME
SO THE FIRST AMENDMENT JUST LOOMED AND LOOMED, AND LOOMED SOMEMORE, WHILE HE AND EVERYONE IGNORED IT. "Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber."-U.S. v Faretta , 422 U.S. 806 (1975) REASONABLE DOUBT "Silence in the face of evil is itself evil: God will not hold us guiltless. (c) 1995-2026 |
A wholesale waiver of the right to assistance of counsel would allow a court unpredictably to violate a defendant’s constitutional rights with impunity. That's pretty clear.
A defendant's Sixth Amendment right to counsel in a criminal trial includes “the right to the effective assistance of counsel.” McMann v. Richardson, 397 U.S. 759, 771 n.14 (1970). The right attaches at both the guilt and sentencing phases. Silva v. Woodford, 279 F.3d 825, 836 (9th Cir. 2002) But not on appeal!!! And that's a fact.
"Ladies and gentlemen, the charges in this case have to do with threats and have to do with the misuse, or intended misuse, with the intent to aid and abet the commission of fraud of social security numbers. There is no allegation in this case, and you will not be asked to determine, whether obtaining social security numbers is legal or illegal, having them is legal or illegal, or even communicating them is legal or illegal. There are certain elements that you will hear about at the time I charge you as to the posting of the social security numbers, which requires more than simply having them or getting them in order to have a crime committed. The other part of the case involving threats contains different elements, which I'll charge you about, too. But those are the parameters of what these charges require evidence to be introduced about." ~Judge A. Howard Matz.
"The behavior that neither resulted in a conviction nor even an arrest but that was facially unlawful, and in any event a very chilling indication of the consideration as to how likely it is that he would commit further crimes is that he undoubtedly and indisputably set up this killercop.com web site." ~Judge A. Howard Matz. Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government," Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004) FILE A COMPLAINT
TO PURCHASE KILLERCOP.COM™ CLICK HERE (c) 1995-2026 | |
||||||
|
|
|||||||
