Sep 19, 2019 at 04:23 pm

What we are here to Address

Update posted by Robert L Rehberger

The underlying problem seems to be an attack upon a person by special interest groups which seem to have illegally hijacked the legal system. First the probable cause requirement to charge one with crime is illegally and unconstitutionally altered. This produces a generic result or rather generic element presuming or element lacking allegations that expand the definition of criminal conduct and that includes conduct that might not even be a crime. The underlining proceedings even lack basic legal subject matter jurisdiction and seem to be void ab initio.

At trial the defendant's character is allowed to be illegally and unconstitutionally attacked by evidentiary rules that illegally and unconstitutionally allow his character to be attacked by the admission of unsubstantiated alleged prior bad acts to appease very special interest groups. This character assassination operation actually prevents valid defenses, lowers the burden of evidence required for a conviction of crime and even allows convictions for crimes based upon conduct that is not criminal.

The court is allowed to narrow the broad allegations to uncharged criminal statutes by the illegal unconstitutional use of jury instructions to ensure a criminal conviction upon a reduced level of the Constitutionally required burden of proof upon generic probable cause lacking allegations of conduct that might not even be a crime.

If the proceedings end up in a hung jury the government will attempt to illegally alter the already void proceedings making those proceedings void even if they would have ever been valid. The alteration will usually be such that they further reduce the burden of evidence for conviction and increase the various theories of conviction to absolutely prevent the use of any valid defense whatsoever. Often the result will be an illegal mutually exclusive verdict.

On appeal it will usually be presumed that the petitioner / defendant was tried on properly made allegations and properly convicted on those properly made allegations that had been determined to be criminal acts supported by a legal determination of probable cause. The first two prongs of the sufficiency of the evidence test will be barred from attack and the actual sufficiency of the evidence test will be prematurely reached and held sufficient because of erroneous presumptions of validity. The underlining allegations will be presumed to have been properly made allegations of criminal acts supported by probable cause that was determined to be constitutionally sufficient probable cause. The presumptions will be erroneous but based upon a possible void waiver and the erroneous presumptions of validity. The third prong sufficiency of evidence as charged will be determined to be sufficient and the void ab initio proceedings and their illegal effects will be upheld on appeal.

Because the writ of habeas corpus has been subjected to various heightened pleading requirements that bar or limit access to the

Courts for reviews on the merits of the issues and because most other post-conviction remedies have been abolished the victim will be denied proper access to the courts for relief that he / she is constitutionally entitled to and the actual issues will be precluded from judicial review.

The ongoing irreparable harm from such proceedings usually is never abated or corrected. The harm remains ongoing because of an unconstitutional abridgment of the basic fundamental right of adequate, effective, meaningful access to the courts to ensure and to enforce basic due process rights and fundamental substantive constitutional provisions. The proceedings themselves actually violate the previously well-defined role and function of the courts in reference to the other branches of government. The problems create or allow and promote a dysfunctional court system which allows and or promotes dysfunctional government in all branches and at all levels of government. This problem also excuses or prevents courts and the agents of the other branches of government at all levels from honoring their oath of office and from performing their constitution required affirmative ministerial duties. A gross separation of powers problem is created and promoted.

Furthermore, not only does such an analysis create a gross miscarriage of Justice in this case, it also casts a negative reflection on the integrity, fundamental fairness and actual reputation of the legal system itself and makes that system synonymous with the legal system of an out-of-control Banana Republic, in this country such problems would seem to indicate government R.I.C.O. and a court system that compounds problems rather than solving them by utilization of a form over substance operation.

the above-described equal protection violation allows the alteration of all branches of government in the activities of their agents at all levels making such branches and their agents dysfunctional and it allows an illegal amending avoiding of the United States Constitution and the various state constitutions.This illegal amending avoiding of constitutions can be used to prevent or to this excuse Courts from honoring their oath of office and from performing their constitutionally required affirmative ministerial duties. This creates an equal protection violation that allows these special interest groups to use violations of the law to further their hidden interests by preventing or precluding a proper judicial review by heightened pleading requirements. It allows them to utilize a sort of Letter of Marque and Reprisal that actually amounts to an illegal quo warranto proceeding upon the disfavored persons to completely destroy their lives and careers and to completely prevent them from ever opposing the special interest groups hidden agendas again.

The above-described problems are especially prevalent when anyone is accused of any sexual misconduct of any kind or conduct that is adverse to the basic objectives goals of the special interest groups. This conduct even if not criminal allows such groups to criminalize political differences. The special groups then seem to grade classes of citizens and classes of alleged victims, elevating the members of the special interest groups to higher status in society and using illegal quo warranto proceedings against anyone who is a disfavored non-member that might interfere with the goals of the group's hidden agenda.

The above-described problem promotes and allow the denial of proper access to the courts by the use of heightened pleading requirements so that those persons the special interest groups considers persona non grata become victims of this operation blocking their access to secure and to enforce basic due process rights and fundamental substance of constitutional provisions making their rights matters at grace at best. This creates dysfunctional government at all levels and in all branches of government and it also creates a divided population, and encourages violence, encourages and promotes civil war or revolution.

This underlying problem actually alters the actual underlining premise and foundation, Constitution and economic system that the country was founded upon. These corrupt ratified R.I.C.O Laced Governmental Policies and procedures must be immediately corrected to ensure the continuation of the Republic itself as well as to ensure equal protection basic constitutional rights for all citizens and for all residents.

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