Families of SOs Community Group
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ibeentheretoo
It is a fact that most people have little ability to hire a top legal counsel, nor is the probability of obtaining those means in the future a high probability.
This means that it is up to you, a family member or perhaps a friend that is willing to help you file a pro se complaint to do the work.
Yes it is complicated and probably over your head. No doubt or you would be an attorney.
But you have to understand something. Correcting injustices are the responsibility of the people, not the government.
Each case is different. So you will have to change the wording to suit your own case.
The facts are simple, the U.S. Constitution demands that before Liberty can be taken from any person, Due Process must be served.
I am not an attorney, I am just like the rest of you in most respects.
I however was convicted of a crime over thirty years ago that I did not commit.
Some 18 years later, the Registry Laws were applied to me unconstitutionally.
I am a disabled American Veteran and the oath that I took to uphold the Constitution of the United States of America over 40 years ago, is as strong in me today as it was then.
My life was taken from me just your lives were taken from you. Some of you have committed atrocious crimes. Some of you have been convicted of things that should not even be considered a crime. Others have committed crimes that were not so serious that they should be such a sever punishment.
Regardless of your status, you should only be punished to a degree that it fits the actions.
I filed suit in Federal Court in my state for a number of civil rights violations in my situation.
The Federal District Court denied my petition basically without any consideration. I requested appointment of counsel and the District Court denied that. (Note: Denial of Due Process Of Law)( An example of how we have to learn to think)
I filed an appeal to the Federal District Court and again sought appointment of counsel. The Appellate Court agreed with me, that this is indeed a complex liberty interest case and they appointed me not only legal counsel, but one of the best appellate attorneys in the country.
I am going to provide you with the "Request For Appointment On Council " that I filed to obtain legal counsel.
It should have been granted at District Level, but it was not.
Only by establishing enough case law in these matters will we be able to make the system work the way is it supposed to.
You can not sit and wait for the system to be corrected by someone else, nor can you wait for those in power to come to their senses. These things will never happen.
Liberty is the responsibility of every single American Citizen. And unfortunately, few people ever give Liberty a single though until it is their Liberty at stake.
You can not just fill in the blanks and expect t get what you want. You have to do some reading and some research.
You should also know that legal decisions do not have to be related in subject to be applicable, they need only be related by principle.
While formatting in this post is not possible, I will find a way to post the document and link it to a post here.
But first, before I post the document I am going to post some other links.
The first link is too the U.S. Constitution. http://www.law.cornell.edu/constitution
You may say, "Yeah I know about the constitution". But, what do you really know. For example only the first 14 amendments are civil rights.
In those first 14 amendments rest the Bill of Rights, originally only ten were the bill of rights, but now the first 14 are considered the Bill f Rights.
Read the amendments like most people read the Bible.
Know them in your sleep and dream about them.
Understand this, the government belongs to the people, the people do not belong to the government. Many of the so called "state Rights"are usurpation's of power an only the people can correct those usurpation's'.
It is up to YOU to fight for your rights.
Yes it will be a hard fight and there may be times when you will be at risk.
Benjamin Franklin said, " They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
Here is the text of my motion.
____________________________________________________________________________
United States District Court
You District Court Here
Plaintiff
v.
Respondents
Request For Appointment On Council
Plaintiff ( Your Name) asks this court to appoint Legal Counsel to represent (him or her) in the above styled case.
The appointment of council is indicated due to the nature of the case and the inability of Appellant to construct such a complicated case without assistance of council.
The nature of the State SORNA laws Title Chapter (Your State) Code is so onerous as to as to be punitive.
The ability of pro se petitioners to “state a claim” in writing is very unlikely to exist. It takes years of education for attorneys to learn this ability and even then different areas of law require different skills, none of which are possessed by pro se petitioners.
In the above styled case, Appellant is appealing from a District Court Order which denies Appellants petition on the basis that it “fails to state a claim”.
It is clear that the courts have never expected a pro se plaintiff to be able to state a claim in written form and that assistance of council is required in order for justice to be achieved.. It is evidenced in Aruanno v. Cape May County Jail, No. 02-1395, 2007 WL 708987 (3d Cir. Mar. 8, 2007) that there are indeed instances which require appointment f council.
While Appellant understand why counsel may not be granted in most cases where Civil Actions are filed, it is apparent that the requirement for legal counsel is indeed essential in cases concerning Liberty issues weather by trial defendants or those who have had no chance to challenge punishments by direct appeal.
In such complex cases as the SORNA challenges, it is impossible for a pro se petitioner to obtain fairness without assistance of counsel.
In Plaintiffs case, Plaintiff is restricted to a limited income and can not possibly afford the legal Counsel that is required to understand the complexities of such a case.
Even with the instructions from the Court, Appellant is incapable of comprehending the complexities of the rules and the requirements of rules and procedures in this case.
While the Respondents conclude that the Appellant is not being punished because the SORNA requirements are based on a prior conviction, Appellant was denied the right to appeal these laws at the time of conviction which leaves Appellant, still with no means to appeal the requirements at state level.
It is unbelievable that the framers of the constitution could have believed that such instances could occur, but they must have instead believed that the requirement of due process for all Americans guaranteed by the 5th and 14th amendments should be perpetual. Otherwise justice would be reduced to only those who could afford it.
Appellants inability to comprehend the depth of rules and requirements indicated in such a complex application of law and language is obviously why the appointment of counsel for an indigent plaintiff in a civil case is discretionary with the court and is usually only granted upon a showing of special circumstances indicating the likelihood of substantial prejudice to him resulting, for example, from his probable inability without such assistance to present the facts and legal issues to the court in a complex but meritorious case.
It is clear that Appellant is facing the strong likelihood of substantial prejudice to himself resulting from his inability without assistance of counsel to present the facts and legal issues in this extremely complex case.
The kind of cases that the courts are seeing now dealing with the SORNA laws are like nothing that has ever been seen in the past. These laws present a completely new set of issues as well as problems that require the guidance of the Court to correct.
In order for these issues to be brought before the court in a meaningful way that guards not only the rights of the Appellant, but the rights of others similarly situated, appointment of counsel is essential.
Appellant respectfully requests therefore that the Court appoint legal counsel to represent him in this matter.
Plaintiff: J(Your Name)
Your Address
Phone: 000-000-oooo
_____________________________________________________________________________________
It is simple and to the point. Do not try to sound like an attorney.. Just sound like you.
Each District Court has their own format requirements.
You can find these requirements by simply going to that Courts website and searching for them.
In some cases, fill in the blank forms are ok for some things, but not for this. Most District Courts have a check box yes or no request for appointment of counsel and this will not be sufficient to obtain appointment of counsel.
I have heard many people ask, "Why won't someone help?"
Well, I am helping.. Now it is up to you to help too. Not just yourself, but others as well.
In every instance where someone is appointed assistance of legal counsel in a liberty interest case, it builds case law.
And case law is the foundation for Court Decisions.
I have removed all identifying information for now because I am still in the Appellate Court.
I have been appointed legal counsel and I am awaiting a final decision from the Court. Once that is issued either way, I will then provide the case cite.
In civil rights issues you have to understand something. just because you think something is a violation, does not mean that it is. And to prove that something is a civil rights violation, you have to show what the violation was, how the violation occurred, who caused the violation and when the violation took place.
The circumstances in an action, may in one case be a violation, while similar actions in another case may NOT be a violation.
An assumption does not constitute a violation.
There are two kinds of case law. Negative case law and positive case law.
When you are doing research, look for positive case law but do not over reach. If you do not understand something, get help.
In my case, I could never have found all of the legal case law if my wife had not spent hours on end for more than a year helping with the research. It is simply to overwhelming for one person. Even with all of that, it still took hours and hours of reading every single case decision all the way through to see if and how it applied to me.
Also remember this. Just because you are right, does not mean you will win right off the bat.
When I first started, the state had one assistant attorney opposing me. They thought it would be a rubber stamp decision. Now they have four. But then my attorney is in a firm with 30 attorneys. They are not afraid of the resources the state have at their disposal.
In the end, it is your life in the balance. It is your responsibility to do what must be done and it is up to you to fight. If you prefer to say it is too hard and give up, then you know what you can expect for results.
If we do not fight now, there may be no limit to the violations to follow.
This means that it is up to you, a family member or perhaps a friend that is willing to help you file a pro se complaint to do the work.
Yes it is complicated and probably over your head. No doubt or you would be an attorney.
But you have to understand something. Correcting injustices are the responsibility of the people, not the government.
Each case is different. So you will have to change the wording to suit your own case.
The facts are simple, the U.S. Constitution demands that before Liberty can be taken from any person, Due Process must be served.
I am not an attorney, I am just like the rest of you in most respects.
I however was convicted of a crime over thirty years ago that I did not commit.
Some 18 years later, the Registry Laws were applied to me unconstitutionally.
I am a disabled American Veteran and the oath that I took to uphold the Constitution of the United States of America over 40 years ago, is as strong in me today as it was then.
My life was taken from me just your lives were taken from you. Some of you have committed atrocious crimes. Some of you have been convicted of things that should not even be considered a crime. Others have committed crimes that were not so serious that they should be such a sever punishment.
Regardless of your status, you should only be punished to a degree that it fits the actions.
I filed suit in Federal Court in my state for a number of civil rights violations in my situation.
The Federal District Court denied my petition basically without any consideration. I requested appointment of counsel and the District Court denied that. (Note: Denial of Due Process Of Law)( An example of how we have to learn to think)
I filed an appeal to the Federal District Court and again sought appointment of counsel. The Appellate Court agreed with me, that this is indeed a complex liberty interest case and they appointed me not only legal counsel, but one of the best appellate attorneys in the country.
I am going to provide you with the "Request For Appointment On Council " that I filed to obtain legal counsel.
It should have been granted at District Level, but it was not.
Only by establishing enough case law in these matters will we be able to make the system work the way is it supposed to.
You can not sit and wait for the system to be corrected by someone else, nor can you wait for those in power to come to their senses. These things will never happen.
Liberty is the responsibility of every single American Citizen. And unfortunately, few people ever give Liberty a single though until it is their Liberty at stake.
You can not just fill in the blanks and expect t get what you want. You have to do some reading and some research.
You should also know that legal decisions do not have to be related in subject to be applicable, they need only be related by principle.
While formatting in this post is not possible, I will find a way to post the document and link it to a post here.
But first, before I post the document I am going to post some other links.
The first link is too the U.S. Constitution. http://www.law.cornell.edu/constitution
You may say, "Yeah I know about the constitution". But, what do you really know. For example only the first 14 amendments are civil rights.
In those first 14 amendments rest the Bill of Rights, originally only ten were the bill of rights, but now the first 14 are considered the Bill f Rights.
Read the amendments like most people read the Bible.
Know them in your sleep and dream about them.
Understand this, the government belongs to the people, the people do not belong to the government. Many of the so called "state Rights"are usurpation's of power an only the people can correct those usurpation's'.
It is up to YOU to fight for your rights.
Yes it will be a hard fight and there may be times when you will be at risk.
Benjamin Franklin said, " They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
Here is the text of my motion.
____________________________________________________________________________
United States District Court
You District Court Here
Plaintiff
v.
Respondents
Request For Appointment On Council
Plaintiff ( Your Name) asks this court to appoint Legal Counsel to represent (him or her) in the above styled case.
The appointment of council is indicated due to the nature of the case and the inability of Appellant to construct such a complicated case without assistance of council.
The nature of the State SORNA laws Title Chapter (Your State) Code is so onerous as to as to be punitive.
The ability of pro se petitioners to “state a claim” in writing is very unlikely to exist. It takes years of education for attorneys to learn this ability and even then different areas of law require different skills, none of which are possessed by pro se petitioners.
In the above styled case, Appellant is appealing from a District Court Order which denies Appellants petition on the basis that it “fails to state a claim”.
It is clear that the courts have never expected a pro se plaintiff to be able to state a claim in written form and that assistance of council is required in order for justice to be achieved.. It is evidenced in Aruanno v. Cape May County Jail, No. 02-1395, 2007 WL 708987 (3d Cir. Mar. 8, 2007) that there are indeed instances which require appointment f council.
While Appellant understand why counsel may not be granted in most cases where Civil Actions are filed, it is apparent that the requirement for legal counsel is indeed essential in cases concerning Liberty issues weather by trial defendants or those who have had no chance to challenge punishments by direct appeal.
In such complex cases as the SORNA challenges, it is impossible for a pro se petitioner to obtain fairness without assistance of counsel.
In Plaintiffs case, Plaintiff is restricted to a limited income and can not possibly afford the legal Counsel that is required to understand the complexities of such a case.
Even with the instructions from the Court, Appellant is incapable of comprehending the complexities of the rules and the requirements of rules and procedures in this case.
While the Respondents conclude that the Appellant is not being punished because the SORNA requirements are based on a prior conviction, Appellant was denied the right to appeal these laws at the time of conviction which leaves Appellant, still with no means to appeal the requirements at state level.
It is unbelievable that the framers of the constitution could have believed that such instances could occur, but they must have instead believed that the requirement of due process for all Americans guaranteed by the 5th and 14th amendments should be perpetual. Otherwise justice would be reduced to only those who could afford it.
Appellants inability to comprehend the depth of rules and requirements indicated in such a complex application of law and language is obviously why the appointment of counsel for an indigent plaintiff in a civil case is discretionary with the court and is usually only granted upon a showing of special circumstances indicating the likelihood of substantial prejudice to him resulting, for example, from his probable inability without such assistance to present the facts and legal issues to the court in a complex but meritorious case.
It is clear that Appellant is facing the strong likelihood of substantial prejudice to himself resulting from his inability without assistance of counsel to present the facts and legal issues in this extremely complex case.
The kind of cases that the courts are seeing now dealing with the SORNA laws are like nothing that has ever been seen in the past. These laws present a completely new set of issues as well as problems that require the guidance of the Court to correct.
In order for these issues to be brought before the court in a meaningful way that guards not only the rights of the Appellant, but the rights of others similarly situated, appointment of counsel is essential.
Appellant respectfully requests therefore that the Court appoint legal counsel to represent him in this matter.
Plaintiff: J(Your Name)
Your Address
Phone: 000-000-oooo
_____________________________________________________________________________________
It is simple and to the point. Do not try to sound like an attorney.. Just sound like you.
Each District Court has their own format requirements.
You can find these requirements by simply going to that Courts website and searching for them.
In some cases, fill in the blank forms are ok for some things, but not for this. Most District Courts have a check box yes or no request for appointment of counsel and this will not be sufficient to obtain appointment of counsel.
I have heard many people ask, "Why won't someone help?"
Well, I am helping.. Now it is up to you to help too. Not just yourself, but others as well.
In every instance where someone is appointed assistance of legal counsel in a liberty interest case, it builds case law.
And case law is the foundation for Court Decisions.
I have removed all identifying information for now because I am still in the Appellate Court.
I have been appointed legal counsel and I am awaiting a final decision from the Court. Once that is issued either way, I will then provide the case cite.
In civil rights issues you have to understand something. just because you think something is a violation, does not mean that it is. And to prove that something is a civil rights violation, you have to show what the violation was, how the violation occurred, who caused the violation and when the violation took place.
The circumstances in an action, may in one case be a violation, while similar actions in another case may NOT be a violation.
An assumption does not constitute a violation.
There are two kinds of case law. Negative case law and positive case law.
When you are doing research, look for positive case law but do not over reach. If you do not understand something, get help.
In my case, I could never have found all of the legal case law if my wife had not spent hours on end for more than a year helping with the research. It is simply to overwhelming for one person. Even with all of that, it still took hours and hours of reading every single case decision all the way through to see if and how it applied to me.
Also remember this. Just because you are right, does not mean you will win right off the bat.
When I first started, the state had one assistant attorney opposing me. They thought it would be a rubber stamp decision. Now they have four. But then my attorney is in a firm with 30 attorneys. They are not afraid of the resources the state have at their disposal.
In the end, it is your life in the balance. It is your responsibility to do what must be done and it is up to you to fight. If you prefer to say it is too hard and give up, then you know what you can expect for results.
If we do not fight now, there may be no limit to the violations to follow.
ibeentheretoo
Just a note: There is no constitutional provision for Plea Agreements, and agreements even those signed by an ADA and your attorney are not binding on a judge, unless the judge has signed it also.
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