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superseded or amended by any act of the Legislature or by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
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).
Notice and Demand to Enjoy the Assistance of Counsel:
Page 2 of 4
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 Andrew 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