Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state zip code exempt Under Protest and by Special Visitation with explicit reservation of all rights UNITED STATES DISTRICT COURT JUDICIAL DISTRICT OF ARIZONA IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 SERVED ON ) NEW LIFE HEALTH CENTER COMPANY ) NOTICE AND DEMAND FOR ) THE RIGHT TO ENJOY ) THE ASSISTANCE OF _______________________________) COUNSEL OF CHOICE COMES NOW Paul Andrew, Mitchell, Sui Juris, Sovereign Arizona Citizen (hereinafter "Counsel") and Vice President for Legal Affairs of New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic (hereinafter the "Company"), to demand this honorable Court to recognize Their fundamental Right to enjoy the assistance of either Counsel(s) or Co-Counsel(s) of Their 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 The Constitution of the State of Arizona, ordained and established by the People for their protection, shall not be superseded or amended by any act of the Legislature or by anything in the Constitution or laws of any State.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. The Company has the fundamental Right to the effective assistance of Counsel of their choice, to stand by, and to advise the Company 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. The Company 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). Therefore, the Accused moves the Court to grant this demand for the right of assistance of Counsel or Co-Counsel, whichever the Company wishes to have, to insure the Company of fair proceedings and in the interests of justice, more fully set forth in the attached brief in support of the absolute, unalienable Right to unfettered Counsel. The Company reminds the Court that the Company has previously challenged the Court's jurisdiction for failing to allow for effective assistance of Counsel. See, specifically, COMPANY'S OPPOSITION TO SECOND APPLICATION FOR ORDER TO SHOW CAUSE; PETITION FOR ORDER TO SHOW CAUSE; AND NOTICE OF CHALLENGE TO JURISDICTION, WITH VERIFICATION, page 6 of 15, line Notice and Demand to Enjoy the Assistance of Counsel: Page 2 of 4 28, quoting the U.S. Supreme Court 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 the Court fails to notify the Company of its fundamental "Rights Sua Sponte" or those declared or demanded by the Company, then the Court of its own volition denies itself jurisdiction. Executed on June 3, 1996 /s/ Eugene A. Burns Dr. Eugene A. Burns, D.C., N.D. Citizen of Arizona state all rights reserved without prejudice /s/ Paul Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state all rights reserved without prejudice Notice and Demand to Enjoy the Assistance of Counsel: Page 3 of 4 PROOF OF SERVICE I, Linda H. Burns, 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, that I am not currently a Party to this action, and that I personally served the following document: NOTICE AND DEMAND FOR THE RIGHT TO ENJOY THE ASSISTANCE OF COUNSEL OF CHOICE by placing said document in first class U.S. Mail, with postage prepaid and properly addressed to the following individuals: ROBERT L. MISKELL John M. Roll Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona JANET NAPOLITANO Clerk Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona Grand Jury Foreperson Postmaster In re: New Life Health Center Co. U.S. Post Office 55 E. Broadway Downtown Station Tucson, Arizona Tucson, Arizona Judge Alex Kozinski Evangelina Cardenas Ninth Circuit Court of Appeals "Internal Revenue Service" 125 S. Grand Avenue, Suite 200 300 West Congress Pasadena, California Tucson, Arizona Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. ! 10th and Constitution, N.W. ! Washington, D.C. Washington, D.C. Dated: June 3, 1996 /s/ Linda Burns ________________________________________ Linda H. Burns, Citizen of Arizona state all rights reserved without prejudice Notice and Demand to Enjoy the Assistance of Counsel: Page 4 of 4 # # #
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IN RE GRAND JURY SUBPOENA SERVED ON NEW LIFE HEALTH CENTER COMPANY