Thursday, July 15, 2010

Rule of Law via Gary

http://freedomlawschool.grouply.com/message/36548?nm=Group&st=2010-07-14+08%3A48%3A09&et=2010-07-15+07%3A43%3A02&d_nf_fids=4004,72039&d_nf_gids=307200&m_ref=m_gnm1671888983




http://www.pacode.com/secure/data/234/chapter 4/chap4toc.html Question. TITLE 234 RULES O...


http://www.pacode.com/secure/data/234/chapter4/chap4toc.html

Question.

TITLE 234 RULES OF CRIMINAL PROCEDURE

1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES … 100

Rule 100.
Scope Rules.
(A) These rules shall govern criminal proceedings in all courts including courts not of record. Unless otherwise specifically provided, these rules shall not apply to juvenile or domestic relations proceedings.


(B) Each of the courts exercising criminal jurisdiction may adopt local rules of procedure in accordance with Rule 105.


At (A) says these rules shall not apply to juvenile.


4. PROCEDURES IN SUMMARY CASES … 400


At (4.) is the venue this body is operating in.

QUESTION - seeing it says does not apply.
Then rules numbering (400) would also not apply?

If that is so they have no jurisdiction to hear this case as it involves
a juvenile lacking subject matter jurisdiction?

Best Gary

--------------------------------------------------------------------------------------------------------------

PART A. Instituting Proceedings


400. Means of Instituting Proceedings in Summary Cases.
401. Means of Instituting Proceedings in Summary Cases Charging Parking Violations.

PART B. Citation Procedures


402. Persons Who Shall Use Citations.
403. Contents of Citation.

PART B(1). Procedures When Citation Is Issued to Defendant


405. Issuance of Citation.
406. Procedure Following Issuance of Citation.
407. Pleas in Response to Citation.
408. Not Guilty Pleas—Notice of Trial.
409. Guilty Pleas.

PART B(2). Procedures When Citation Filed


410. Filing of Citation.
411. Procedures Following Filing of Citation—Issuance of Summons.
412. Pleas in Response to Summons.
413. Not Guilty Pleas—Notice of Trial.
414. Guilty Pleas.

PART C. Procedures in Summary Cases When Complaint Filed


420. Filing of Complaint.
421. Procedure Following Filing of Complaint—Issuance of Summons.
422. Pleas in Response to Summons.
423. Not Guilty Pleas—Notice of Trial.
424. Guilty Pleas.

PART D. Arrest Procedures in Summary Cases

PART D(1). Arrests With a Warrant


430. Issuance of Warrant.
431. Procedure When Defendant Arrested With Warrant.

PART D(2). Arrests Without a Warrant


440. Arrest Without Warrant.
441. Procedure Following Arrest Without Warrant.

PART E. General Procedures in Summary Cases


450. Motions [Reserved].
451. Service.
452. Collateral.
453. Joinder of Offenses and Defendants.
454. Trial in Summary Cases.
455. Trial in Defendant’s Absence.
456. Default Procedures: Restitution, Fines, and Costs.
457. Withdrawal of Charges in Summary Cases.
458. Dismissal in Summary Cases Upon Satisfaction or Agreement.

PART F. Procedures in Summary Cases for Appealing to Court of Common Pleas for Trial De Novo


460. Notice of Appeal.
461. Stays.
462. Trial De Novo.

PART G. Special Procedures in Summary Cases Under the Vehicle Code


470. Procedures Related to Licenses Suspension After Failure to Respond to Citation or Summons.
471. Disposition Report.
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Sharon Anderson
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http://www.grouply.com/digest.php?nm= Last Posting
Gary D.
Jul 14, 2010
04:28 pm

Tuesday, July 6, 2010

Lawyering Suits_USSC

Lawyering Suits Pile Up at High Court

Posted by: "Jeff" trvlshpp@prodigy.net bunkky96

Tue Jul 6, 2010 3:13 am (PDT)

http://www.law.com/jsp/law/index.jsp


Lawyering Suits Pile Up at High Court

[[From client advice to attorney fees to ineffective assistance of counsel, the U.S. Supreme Court decided an unusually large number of cases last term involving how lawyers do their jobs.]]

During 2009-2010 term, some 20 percent of the decision docket involved cases on lawyering

Marcia Coyle

The National Law Journal

July 06, 2010

http://www.law.com/jsp/article.jsp?id=1202463277222&src=EMC-Email&et=editorial&bu=Law.com&pt=LAWCOM%20Newswire&cn=NW_20090706&kw=Lawyering%20Suits%20Pile%20Up%20at%20High%20Court

-----------
Jeff
This e-mail (including any attachments) is protected by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is confidential and may be legally privileged.If you are not an intended recipient or an authorized representative of an intended recipient, you are prohibited from using, copying or distributing the
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    Sunday, June 6, 2010

    Judges Kathleen Gearin re-elected

    Gearin re-elected to 2nd District leadership

    Pioneer Press

    Kathleen Gearin has been re-elected chief judge in the Second Judicial District, Ramsey County.

    Judge Edward Cleary was re-elected to serve as assistant chief judge.

    The leadership positions are decided by a vote of their fellow Ramsey County judges.

    Gearin, 65, has sat on the bench since her election in 1986. She worked for more than 11 years before that as a prosecutor.

    Both judges begin their two-year positions July 1.

    — Emily Gurnon

    “Sharon4Anderson”

    Since: Feb 08

    St. Paul, Minnesota

    #1
    Yesterday
    With no opposition What a Joke These Judges do not list their Residence's and Use the Courthouse for Campaign Propoganda with illegal use of Tax supported e-mail:
    When the Court circumvents "due process" committs RICO acts in their "Official Capacity" We the people must make them accountable.
    http://www.review-news.com/main.asp...

    http://www.review-news.com/SiteImages/FileGal...
    Page 20's Published re: 2009 Tax Delinquent re: 62cv10-110 Affiant is the only one to challenge out of 3 thousand propertys
    Apparantly Judge Kathleen Gearin may be manulipating www.mnccc.org re: online payments to www.usbank.com by Affiant **** with Criminal Charges to www.ftc.gov Brad re: 26640063 against Laua Manning. This is another Grand Jury Indictment likened to the former Director of Elections/Taxes Lou McKenna

    KATHLEEN R GEARIN 02.28.23.41.0142
    APT OWN NO.85 ST ALBANS ROW
    UNIT NO 6
    2009 2,660.59

    Affidavit of Prejudice v. Kathleen Gearin re: 62cv09-1163

    “Sharon4Anderson”

    Since: Feb 08

    St. Paul, Minnesota

    #2
    Yesterday
    Forensic Files out there unabated by Hometown Paper
    http://www.google.com/#hl=en&source=hp&am...

    “Sharon4Anderson”

    Since: Feb 08

    St. Paul, Minnesota

    #3
    23 hrs ago
    Voters Taxpayers have the Right to Full Disclosure of these "Elected" Judges
    and what Boards,Panels they sit on for compensation
    http://www.scribd.com/doc/30863135/SCAP-Membe...

    Sunday, November 22, 2009

    Bob Bregory_ProsecutorObligations

    This is rather surreal. Bob Gregory on prosecutor obligations - Lawmen Google GroupsProsecutors are officers of the court and their
    principal obligation is to justice. They are obligated to reveal to the
    defense attorney any exculpatory evidence. I am convinced that many if not
    most of them place such obligations in last place, behind winning for the
    sake of winning and building a strong record of success as a stepping stone
    to higher office. In Illinois they are apparently attempting to intimidate
    students working for justice and possibly to avoid allowing proof of the
    innocence of long term convict.

    Most of them seem to forget such court rulings as these:

    Hurd v. People, 25 Mich 405, 416 (1872).

    Hurd v. People,25 Mich 405 - Google Search
    " The prosecuting officer represents the public interest, which can never be
    promoted by the conviction of the innocent. His object like that of the
    court, should be simply justice; and he has no right to sacrifice this to
    any pride of professional success. And however strong may be his belief of
    the prisoner's guilt, he must remember that, though unfair means may happen
    to result in doing justice to the prisoner in the particular case, yet,
    justice so attained, is unjust and dangerous to the whole community"
    Peasley,90 P.3d 754(Ariz.2004) - Google Search

    In re Peasley, 90 P.3d 754 (Ariz. 2004).

    Prosecutor's interest in a criminal prosecution 'is not that it shall win a
    case, but that justice shall be done; courts generally recognize that the
    ethical rules impose higher ethical standards on prosecutors.

    Jeschke v. State, 642 P.2d 1298,1303 (Wyo.1982 - Google Search

    Jeschke v. State, 642 P.2d 1298, 1303 (Wyo. 1982).
    Prosecutors must always keep in mind that duty is to seek justice, not
    merely to convict, "which is most certainly a difficult duty to be carried
    out carefully and cautiously."

    Do you remember the old radio and, later, TV program called "Mr. District
    Attorney? Weekly his oath was a part of the show's introduction:

    " And it shall be my duty, not only to prosecute to the limit of the law all
    those charged with crimes within this country, but to defend with equal
    vigor the rights and privileges of all its citizens."

    Those were the good old days (on radio and TV, that is).

    Prosecutors Turn Tables on Student Journalists

    By MONICA DAVEY
    <http://topics.nytimes.com/top/reference/timestopics/people/d/monica_davey/i
    ndex.html?inline=nyt-per>

    Published: October 24, 2009

    EVANSTON, Ill. - For more than a decade, classes of students at Northwestern
    University
    <http://topics.nytimes.com/top/reference/timestopics/organizations/n/northwe
    stern_university/index.html?inline=nyt-org> 's journalism school have been
    scrutinizing the work of prosecutors and the police. The investigations into
    old crimes, as part of the Medill Innocence Project
    <http://www.medill.northwestern.edu/journalism/undergrad/page.aspx?id=59507>
    , have helped lead to the release of 11 inmates, the project's director
    says, and an Illinois governor once cited those wrongful
    <http://topics.nytimes.com/top/reference/timestopics/subjects/f/false_arrest
    s_convictions_and_imprisonments/index.html?inline=nyt-classifier>
    convictions as he announced he was commuting the sentences of everyone on
    death row.

    David Protess, director of the Medill Innocence Project, says prosecutors
    are overreaching.

    But as the Medill Innocence Project is raising concerns about another case,
    that of a man convicted in a murder 31 years ago, a hearing has been
    scheduled next month in Cook County Circuit Court on an unusual request:
    Local prosecutors have
    <http://www.medillinnocenceproject.org/files/mckinney/mckinneysubpoena.pdf>
    subpoenaed the grades, grading criteria, class syllabus, expense reports and
    e-mail messages of the journalism students themselves.

    The prosecutors, it seems, wish to scrutinize the methods of the students
    this time. The university is fighting the subpoenas.

    Lawyers in the Cook County state
    <http://www.statesattorney.org/index2/about_the_office.html> 's attorney's
    office say that in their quest for justice in the old case, they need every
    pertinent piece of information about the students' three-year investigation
    into Anthony McKinney, who was convicted of fatally shooting a security
    guard in 1978. Mr. McKinney's conviction is being reviewed by a judge.

    Among the issues the prosecutors need to understand better, a spokeswoman
    said, is whether students believed they would receive better grades if
    witnesses they interviewed provided evidence to exonerate Mr. McKinney.

    Northwestern University <http://www.northwestern.edu/> and David
    <http://www.medill.northwestern.edu/faculty/fulltime.aspx?id=59603>
    Protess, the professor who leads the students and directs the Medill
    Innocence Project, say the demands are ridiculously overreaching, irrelevant
    to Mr. McKinney's case, in violation of the state's protections for
    journalists and a breach of federal privacy statutes - not to mention
    insulting.

    John Lavine, the dean of the Medill School of Journalism, said the
    suggestion that students might have thought their grades were linked to what
    witnesses said was "astonishing." He said he believed that federal law
    barred him from providing the students grades, but that he had no intention
    of doing so in any case..

    A spokeswoman for Anita Alvarez, the Cook County state's attorney, who was
    elected last fall, said the prosecutors were simply trying to get to the
    bottom of the McKinney case.

    "At the end of the day, all we're seeking is the same thing these students
    are: justice and truth," said Sally Daly, the spokeswoman. She said the
    prosecutors wished to see all statements the students received from
    witnesses, whether they supported or contradicted the notion of Mr.
    McKinney's innocence.

    "We're not trying to delve into areas of privacy or grades," Ms. Daly said.
    "Our position is that they've engaged in an investigative process, and
    without any hostility, we're seeking to get all of the information they've
    developed, just as detectives and investigators turn over."

    If the courts find that Mr. Protess and the journalism school must turn over
    the student information, they risk being held in contempt if they refuse,
    said Dick O'Brien, a lawyer who is representing Northwestern.

    But if the school gives in to such a demand, say advocates of the Medill
    Innocence Project and more than 50 similar projects
    <http://www.innocencenetwork.org/members.html> (most involving law schools
    and legal clinics), the stakes could be still higher, discouraging students
    from taking part or forcing groups to devote time and money to legal
    assistance.

    "Every time the government starts attacking the messenger as opposed to the
    message, it can have a chilling effect," said Barry C. Scheck, a pioneer of
    the Innocence Project in New York, who said he had never seen a similar
    demand from prosecutors.

    In October 2003, Mr. Protess's investigative journalism classes began
    looking at the case after Mr. McKinney's brother, Michael, brought it to the
    attention of the Medill Innocence Project - one of more 15,000 cases the
    project has been asked to consider investigating over the years.

    Mr. Protess, who has been on the faculty at Northwestern since 1981 and
    began leading his investigative reporting students on such cases in 1991,
    created the Medill project in 1999, the same year he and his students drew
    national attention for helping to exonerate and free Anthony Porter, an
    inmate who had come within two days of execution.

    The McKinney case took three years and nine teams of student reporters, all
    of whom have since graduated from Northwestern. In the end, the teams
    concluded that Mr. McKinney had been wrongly convicted of killing Donald
    Lundahl, a security guard, with a shotgun one evening in September 1978 in
    Harvey, a southern suburb of Chicago.

    The students said they had found, among other things, that two eyewitnesses
    had recanted their testimony against Mr. McKinney and could not have seen
    him commit the killing because they were watching a boxing championship
    (Leon Spinks vs. Muhammad Ali). The students collected an affidavit from a
    gang member who, they say, confirmed Mr. McKinney's alibi that he was
    running away from gang members when the shooting took place.

    The students have also suggested alternative suspects in the case and
    offered witnesses who said they had heard the others admit their
    involvement.

    In 2006, the students took their findings to the Center for
    <http://www.law.northwestern.edu/cwc/> Wrongful Convictions at
    Northwestern's law school, and by late last year, the claims were being
    considered by a Cook County Circuit Court judge and were described in an
    article in The Chicago Sun-Times <http://www.suntimes.com/index.html> and
    on the Medill <http://www.medillinnocenceproject.org/> Innocence Project
    Web site.

    __._,_.___

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    Thursday, September 10, 2009

    Robin K.Magee Hamline law_Tax Evasion

    Hamline University law professor charged with state income-tax evasion - TwinCities.com
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    Hamline University law professor charged with state income-tax evasion

    Hamline teacher accused of failing to pay, file returns

    Hamline University Law School associate professor Robin K. Magee, an expert in criminal law and a frequent critic and commentator on police and justice issues, has allegedly run afoul of the law herself.

    Magee, 46, of St. Paul, has been charged in Ramsey County District Court with 11 felony charges of state income-tax evasion, including failure to pay taxes, failure to file tax returns and filing a false or fraudulent tax return, during the tax years 2004-2007.

    According to the criminal complaint, a Minnesota Department of Revenue investigation found that Magee filed her Minnesota income-tax return on time only once in the period from 1991 to 2003 and that she failed to timely file returns for 2004, 2005, 2006 and 2007.

    In those four years, Magee's wages from Hamline University ranged from $86,872.83 to $112,217.51 a year, according to the complaint.

    The amount of taxes owed to the state for 2004-2007, not including penalty and interest, was estimated at $4,938, according to the complaint.

    When Magee did file returns, she omitted interest, dividend, capital gains and pension income in the years of 1998, 2000, 2001 and 2003, the complaint says.

    The complaint also says Magee claimed eight exemptions on her W-4 form, even though she is single and has no dependents.

    Magee could not be reached for comment Wednesday.

    Magee told Revenue Department staff that she has due refunds from overpaid taxes.

    But Revenue Department records showed that Magee owed taxes most years, according to the complaint.

    On Nov. 25, 2008, Magee faxed a message to the Revenue Department saying she would submit her 2004-2007 returns in a week to 10 days, according to the complaint.

    The Revenue Department received faxed copies of Magee's 2004 and 2005 returns Jan. 15 and the 2006 return Feb. 23, according to the complaint. But the returns failed to report income from capital gains, dividend and interest and claimed unsubstantiated business expenses that had been previously disallowed, the complaint said.

    The complaint states that the 2007 return remains unfiled.

    The charges filed against Magee allege she failed to file tax returns in a timely manner and failed to pay taxes owed for the tax years of 2004-2007. She is also charged with filing a false or fraudulent tax return for the tax years of 2004, 2005 and 2006 because of failure to report income and because of falsely claimed losses from previously disallowed business expenses.

    Phillip Prokopowicz, chief deputy attorney in the Dakota County attorney's office, which is handling the case, said he is not aware of any investigation of Magee for federal tax evasion.

    The Dakota County attorney's office is handling the case instead of the Ramsey County attorney's office because of a potential conflict of interest because Magee has been a critic of the handling of criminal cases in Ramsey County.

    For example, in an opinion piece that appeared in the Pioneer Press in 2007, she criticized the handling of allegations that a juror in the trial of the man accused of killing St. Paul police Sgt. Gerald Vick made racist statements.

    The opinion piece sparked angry responses from St. Paul police.

    Over the years, Magee has been frequently quoted in newspaper stories about criminal issues and has written opinion pieces on topics including the Rodney King verdict, the O.J. Simpson trial and Tasers carried by St. Paul police in schools.

    According to her Web site biography, she was involved in the Committee Seeking Equal Justice for the Minnesota Eight, a support group for the defendants charged with the murders of Minneapolis police officer Jerome Haaf, a Minneapolis police officer who was ambushed by members of a street gang and shot to death on a coffee break in 1992, and Vice Lords member Ed Harris, who was seen talking to Minneapolis police investigators about the Haaf slaying.

    A law review article by Magee cited in the bio is called, "The Myth of the Good Cop and the Inadequacy of Fourth Amendment Remedies for Black Men: Contrasting Presumptions of Innocence and Guilt."

    The bio also includes a quote from Magee that reads: "I believe, as the founders of this country espoused, that the greatest threat to law and order, peace and liberty is tyranny, not crime. I, therefore, believe that the highest calling of the lawyer is the call to fight against tyranny and government-sponsored or tolerated oppression."

    Hamline University spokeswoman Jacqui Getty said Magee is teaching a criminal-law class and a race and law seminar this fall.

    Of the tax evasion charges, Getty said, "We feel that this is a personal issue and it wouldn't be appropriate for us to comment on this at this time."

    Richard Chin can be reached at 651-228-5560worked at Hamline University for 17 years as a law professor but is not familiar