Floyd Raymond, Looker, Sui Juris c/o HC 63, Box 12-AA Nettie [zip code exempt] WEST VIRGINIA In Propria Persona Under Protest, Necessity, and by Special Visitation Only UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF WEST VIRGINIA UNITED STATES OF AMERICA, [sic] ) Criminal No. 5:96-CR-40 ) Plaintiff, [sic] ) NOTICE AND DEMAND FOR ) THE RIGHT TO ENJOY v. ) THE ASSISTANCE OF ) COUNSEL OF CHOICE: FLOYD RAYMOND LOOKER, a/k/a RAY, ) Sixth Amendment JAMES M. JOHNSON, a/k/a J.J. and ) IMAM A. LEWIS, [sic] ) ) Defendants. [sic] ) _________________________________) COMES NOW Floyd Raymond, Looker, Sui Juris, Citizen of West Virginia state and Defendant in the above entitled matter (hereinafter "Defendant"), to demand that this honorable Court recognize His fundamental Right to enjoy the assistance of either Counsel(s) or Co-Counsel(s) of His choice who are not necessarily members of the State Bar of West Virginia, and who are not necessarily licensed attorneys, for the following reasons: Notice and Demand to Enjoy the Assistance of Counsel: Page 1 of 4 1. The Constitutional guarantee of the fundamental right to "assistance of Counsel" is not qualified. See Sixth Amend. 2. The Constitution of the State of West Virginia, ordained and established by the People for Their protection, shall not be superseded or amended by any act of the Legislature or by anything in the Constitution or laws of any State. 3. Defendant has the fundamental Right to the effective assistance of Counsel of His choice, to stand by, and to advise the Defendant 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 association(s). 5. Defendant 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). The U.S. Supreme Court has ruled 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 this Court fails to notify the Defendant of His fundamental Rights Sua Sponte, or to ensure those declared or demanded by the Defendant, then the Court, of its own volition, ousts itself jurisdiction. Notice and Demand to Enjoy the Assistance of Counsel: Page 2 of 4 RELIEF REQUESTED Therefore, the Defendant demands that this Court honor Defendant's fundamental Right to the assistance of Counsel or Co- Counsel, whichever the Defendant wishes to have, to ensure to the Defendant justice and fair proceedings, which Rights are more fully set forth in the attached brief in support of the absolute, unalienable Right to unfettered Counsel of choice. Executed on ____________________________ /s/ Ray Looker Floyd Raymond, Looker, Sui Juris Citizen of West Virginia state All Rights Reserved without Prejudice Executed on December 4, 1996 /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, and Counselor at Law All Rights Reserved without Prejudice Notice and Demand to Enjoy the Assistance of Counsel: Page 3 of 4 PROOF OF SERVICE I, Paul Andrew, Mitchell, Sui Juris, 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, a Citizen of one of the United States of America, and that I personally served the following document(s): NOTICE AND DEMAND FOR THE RIGHT TO ENJOY THE ASSISTANCE OF COUNSEL OF CHOICE: Sixth Amendment by placing one true and correct copy of said document(s) in first class U.S. Mail, with postage prepaid and properly addressed to the following: Office of the United States Attorney Federal Building Wheeling WEST VIRGINIA Clerk of Court United States District Court Wheeling WEST VIRGINIA Attorney General Department of Justice 10th and Constitution, N.W. Washington DISTRICT OF COLUMBIA Solicitor General Department of Justice 10th and Constitution, N.W. Washington DISTRICT OF COLUMBIA Executed on: December 4, 1996 /s/ Paul Andrew Mitchell __________________________________________ Paul Andrew Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, and Counselor at Law Notice and Demand to Enjoy the Assistance of Counsel: Page 4 of 4 # # #
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U.S.A. v. Looker