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 'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

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IN THE CIRCUIT COURT OF THE 14th

JUDICIAL CIRCUIT IN AND FOR

JACKSON COUNTY, FLORIDA

CASE NO: 15-276CF

State of Florida

                v.

Theodore L Whidden

                Defendant.

_______________________________/

 

 SEQ CHAPTER \h \r 1

 

SPEEDY TRIAL

 

BAD FAITH (PERPETUALLY)

 

RICO ACT

 

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

 

The following is being filed “Pro Se” by the Undersigned to this Court in regards to the ongoing BAD FAITH, Abuse of Process, Prosecutorial Misconduct, and Harassment administered and overseen daily and routinely by this Court and its Officers.  The abuse is extreme and routine in this Court, this circuit, and this office.  Judge Shonna Young Gay is either deeply involved in a host of Schemes or is extremely ignorant to what is taking place all around her.  Corruption at its core has followed every facet of this BAD FAITH case without probable cause.  This pervades the SPEEDY TRIAL aspects and violations of the Defendant’s rights as well.

According to a common calendar I was picked up by law enforcement (Unlawful Target, Warrant, Search and Seizure) on July 29, 2015 on an unsubstantiated “hearsay” case filed by a known criminal as a plot of extortion.  The unlawful imprisonment/detainment allowed the Complainant (Jennifer Slay) access to the property to which she claims a crime took place.  This intervening event as well as others knowingly obscures the crooked States Attorney case.  (The crooked States Attorney lacks Probable Cause, Witness, Evidence, etc.  It is a hearsay case at best.)

The crooked States Attorney office and County Sheriff’s office facilitated unlawful removal and retention (GRAND THEFT) of the Defendants property and numerous other violations of Civil Rights as filed and as will be filed by the undersigned.  The Judge should be well aware as a result of the potential 40+ filings in the Court file, plus numerous ethics violations filed on attorneys under her oversight.

The crooked States Attorney facilitated removal of evidence in this case counter to instruction of the Court as outlined in the August 7, 2015 letter copied to Judge Shonna Young Gay and the officers of this Court including but not limited to the States Attorney file.  We have noted the time-date stamp in the States Attorney file appears to be August 10, 2015 from an excerpt of file we were once allowed to see.  (It forms an addendum for several of the other criminal filings against the State in this case.)

The undersigned was arraigned and release on July 30, 2015 leaving 154 days until the end of the year.  January 21, 2016 was the 21st day of the year, thus it is day 175 since arraignment.   The day of this filing 2/16/2016 is the 201st day since arraignment and I have been denied my rights to “Speedy Trial” as stipulated in Florida Statute 3.191.  This is clear violation of the Defendant’s rights to Speedy Trial.  It is clearly a further abuse of process with more than 90 days of delays for the account of the States Attorney and their continued ABUSE OF PROCESS.

The crooked and incompetent Court-appointed Public Defender (Herbert Guy Green) was told in September 2015 and October 2015 to request Trial immediately.  Numerous filings in writing were made with his office stating no deals were to be made that I was demanding Speedy Trial.   The severely incompetent H. Guy Green failed in his fiduciary duties in many ways, some of which have been outlined for this Court including but not limited to Collusion with the States Attorney.  The Court has failed to address Sanctions requests against their criminal operatives of the Public Defender office.  Upon insistence of the Undersigned yet again in Court on October 2015 H. Guy Green requested trial dates of November 30, 2015, with Pretrial on November 15.  Note: H. Guy Green was unilaterally appointed by this Court.  It is well established that he turned out to be useless and obstructive (OBSTRUCTING JUSTICE).  He failed miserably in all manner of speaking and to this day is still failing to comply with the Rules of Advocacy.

My Speedy Trial rights and delays were a result in part of a STATE employee who colluded with the STATE in a Court of the STATE to oppose and abuse a citizen.  Again, I request that H. Guy Green is barred from practicing law and stripped of his license and law credentials.  He should not be allowed to practice.  His boss, Herman Laramore, was notified in October and November 2015 of the Undersigned appealing for relief.  Eventually ethics violations were filed against Laramore himself for his office failing under the Rules of Advocacy to provide copies of case file.  We are now moving towards trial OUTSIDE OF SPEEDY TRIAL mandates without files from either sides of the CROOKED STATE OFFICIALS in a STATE COURT allowing the crooked behavior.  There is low/no way for Defendant to prepare because the CROOKED State working with the crooked State in a Court that is presumably a crooked State Court allows this behavior as a matter of routine.  (We clearly have a RICO STATUTE Racketeering operation as surely the State, the Court, and the Federal government can see.)……………..THE STATE Of Florida cannot expect this case to ever come to trial because agents of the State, agents for the State, agents appointed by the State, and the Court of the State appear in collusion at day 175 following arraignment with crooked State employees withholding lawful, proper response to a “Pro Se” litigant.  Mind you it is “Pro Se” litigant the State believes is hampered mentally in some way (Note Court proceedings of 1/19/2016 and Court filings of 1/27/2016).  (RICO Act!)

The original trial opportunity (November 2015) was missed without explanation due to a “Continuance” filed by the crooked and incompetent States Attorney in early November 2015.  No copy of this continuance was ever provided to the Defendant, because as the record shows H. Guy Green (Public Pretender/Attorney) quit speaking to or assisting the Defendant in October 2015, and halted all communications.  (Green and the States Attorney have a fiduciary responsibility to provide ongoing updates to their file to the Defendant.)

H.Guy Green had everything he needed to declare this a BAD FAITH case by the States Attorney based on October 8, 2015 yet he failed to do so.

H. Guy Green was ordered to push for Speedy Trial with no delays, but he failed to do ANYTHING!

The Defendant has lost long term business/employment potential as a result of delays and corruption of the STATE and STATE COURT Officials.

The original Trial requested under the rights to Speedy Trial was avoided without cause or explanation in November 2015.  (The presumption is that the crooked States Attorney requested continuance when the crooked Public Defenders ineptitude was pre-empted by the Defendant submitting a list of witnesses and evidence directly to the States Attorney, because the Public Defender refused to do his job.)  The Defendant continued pushing for proper presentation of evidence and witnesses for trial.  ALL DELAYS ARE FOR THE ACCOUNT OF THE STATE.

Unlawful delay and continued abuses by the State have caused the Undersigned to lose numerous opportunities for employment, and have precluded long term employment in part as outlined in previous filings of financial demands.  These will not falter but rather increase as we go along.

The “continuance” granted to the States Attorney in November 2015 is clearly without cause or basis.  This plan to “Kick the Can” is merely the State’s continued agenda at Prosecutorial Misconduct, Abuse, and Harassment for a case they have never had a foundation to pursue.  This follows a host of Criminal Felony behaviors by the County and State officials as outlined in part in other filings.  This unlawful delay is part of the corrupt schemes of the State/County.  The number of Criminal Felony assertions against the State is likely approaching or exceeding 60 in number at this point.

The “continuance” kicked the can delaying the next hearing without purpose to December 15, 2015.  The State by kicking the can created delay until the last day of 2015 knowing nothing could/would be resolved or addressed.  The December 15, 2015 day was meaningless when set, and clearly the Court can see this was a ploy to delay for no reason.  Meanwhile, the State’s representative Attorney H. Guy Green was responsible in September/October to file necessary requests for Speedy Trial demand at that time.   This would have and should have initiated a 60 day timeline.  These are filings he failed to do.  H. Guy Green failed numerous ways.  He is fairly useless and dangerous to the Defendant, the County, the State, and very likely the Court.  For some 30 years he has been allowed to abuse citizens and the system with his continued incompetence and corruption.  This is an insult to the State and this Court to allow such things to perpetuate.  Meanwhile, H. Guy Green was unilaterally assigned and maintained to BLOCK litigation by the State.  The State appointed an incompetent seemingly to prevent Speedy Trial and to prevent justice.  This is all clearly spelled out in the Court documents.   In so doing, my access to Speedy Trial was blocked by a multitude of errors all responsibility of the State which has shown themselves to be EXTREMELY CROOKED and incompetent.  The State has prejudiced their position time and time again.

The game of “kick the can” merely gave the useless Public Defender a chance to further not do his job and took up a place in time on December 15, 2015 to have himself removed for his own failing to conduct business as outlined in filings with the Court and with the Florida Bar.  So the December 15, 2015 opportunity in Court exceeded the first “Speedy Trial” timelines for the Defendant because of an incompetent and corrupt State Court official who was accused of being in collusion with other State officials to delay and abuse the Defendant.  This is now being borne out with the Court being used to administer injustice to the captives.  This will continue to show up in this case at seemingly all levels.

The game of “kick the can” led to a January 19, 2016 hearing.  Whereas the hearing of January 19, 2016 set a trial date it still failed to acknowledge the new “trial date” which was set violated the Florida Rules for Speedy Trial in at least two instances and maybe more.   The Speedy trial on demand has been violated at least three times as we have clear indication Speedy Trial was demanded in September, October, and then several times in writing in November.  At the December 2015 hearing the recording (Unless it is destroyed or lost with all the others) will show all the Defendant wanted at December 2015 was a TRIAL!  The early Speedy Trial demand was not properly handled/managed by an agent of the State/Court who quit on December 15, 2015 when his failure in his fiduciary responsibilities became known/outlined. 

The second and standard violation of Speedy Trial occurs well before today, because irrespective of all else I should have been given trial prior to today.  This Court routinely violates the rights of those who pass through, otherwise why would they be so knowingly infringing on the Civil Rights of the Defendant in this case?

The Court in this instance appears corrupt on a number of levels.  The operation of so much criminal corruption in all agencies attached to this Court assure the Undersigned that Fair Trial, Speedy Trial and many U.S. Civil Rights are and will be continued to be violated.  This is by design, direction, and management of this Court system which at all levels appears corrupt.  The Judge must be party to this, or at least Aiding and Abetting for allowing it to run so rampant in this Court system.  Federal audit will show corruption in this Court is extreme and routine.

I request the case is thrown out for failure to provide Speedy Trial in a minimum of two instances.  It is day 201 since arraignment and we are still 60-90 days from trial at the rate we are going.  All delays are due to the prosecution.

I request a BAD FAITH audit of the crooked States Attorney file is made with the idea of addressing/throwing out the case, and arresting/barring these Attorneys.

I request that Federal oversight be brought in to investigate the officers and official conduct of those administering law in this Court, County, and State.

I have previously filed two Writs of Habeas Corpus with this Court due to the continued unlawful behavior and corrupt nature of this Court and system.

I have previously filed for Injunctions/Restraining Orders against both the State and County as it regards these and other proceedings due in large part to the corrupt nature of this Court and system.

I have previously filed notices of RICO Act (Racketeering) violations regarding the State/County and this Court system due to the corrupted process and procedure noted at all levels in this system.

I have thus far rightfully filed individual ethics violations against five (5) or more officers of this Court and Court system.   This will accompany a filing against Judge Shonna Young Gay herself with the Florida Bar.   This corruption must stop.  Some of these hooligans have attracted multiple filings.  Some are still attracting filings.   Some more will likely be filed.  There is no limit to the corruption it seems within this system and those who operate within it.  Retaliation is anticipated for these and other filings as one would expect with a Mafia run, Organized Scheme to Defraud and abuse the public.  This is indeed what this system has deteriorated to.  They are Warring against the Constitution and committing numerous racketeering violations routinely as a manner of conducting business.

I have made several notifications to the Attorney General office, and unfortunately will have to follow through and/or go over this level if the criminal nature of this abuse is not immediately halted.

I have as of this date filed two official requests for Change of Venue due to Corruption of this Court and Court Officials.

The most recent filings for Ethics Violations mirror violations within the Court system regarding failure of both the State appointed Public Defender and the States Attorney office in failing to provide copies of file(s) as required by law and by the Rules of Advocacy.  This is a source of further harassment, Abuse of Process, and Prosecutorial Misconduct.  These refusals to provide copies are both violations of the Rules of Advocacy and the Florida Statutes for the utilization and providing of documents for trial as well as failure to provide documents according to Federal requirements.  These two agencies of the State are clearly aiding and abetting one another to create undue hardship for the Defendant.  This is clearly RICO Act abuses and harassment with Prosecutorial Misconduct at its foundation using a host of abuses.   The system and these persons are corrupt at the core and this Court oversees this type/style behavior daily, yet allow it to continue.   The Judge must be corrupt as everything in their scope of view is routinely following patterns of corruption.

I have previously filed for an emergency change of venue due to corruption within this Court, County and entity of the State.  My first request for Change of Venue due to corruption was made to the Public Defender (H. Guy Green) who has clearly failed substantially in his fiduciary responsibilities.  This demand for Change of Venue was copied via certified letter to the keeper of record for the States Attorney office.  Their file should reveal their accomplice in a host of crimes was told to request this change of venue.

The earliest request for Emergency Change of Venue that was filed in writing was stated due to corruption.  That was requested of the Public Defender H. Guy Green who is a focal point of certain aspects of this Corrupt Scheme of Organized Crime.  Green clearly failed in his fiduciary and of course if he had filed it he would have been referring to himself for some of the corruption.  This makes his failure to file a FRAUD by way of concealment.  Fraud and corruption is routine in this case and presumably how this Court and its officials operate.  I have been outspoken on this throughout.  If the Judge was reviewing actions in her Court she would see this.  (Clearly this is RICO Act Racketeering).

The States Attorney file which must be delivered to the Defendant prior to preparation for trial is being unlawfully withheld by corrupt State officials.  Within that file it should reveal a written request for Emergency Change of Venue due to Corruption.   The State had obligations once that was received.  Yet the State had many obligations to stop their BAD FAITH pursuits based on the contents of their file.  This is likely why the crooked States Attorney is blocking access to a file they know they must turn over.  They are OBSTRUCTING JUSTICE and CONCEALING EVIDENCE.  If their file is altered they are TAMPERING WITH EVIDENCE.  All of this is plausible and probable in this corrupted system.  The JUDGE is clearly aware of this high level of corruption as this is how business is done in this Court.

The second and or following request for Change of Venue due to the safety concerns of the Undersigned was made officially to this Court.  The Court on the same day made intimations they wished to have psychological examinations of the Undersigned.  The Change of Venue request is/was timely as the severely corrupt States Attorney continues reckless abuse of their position including but not limited to calling for needless screening as a harassment technique known to be common for this corrupt Court system.  This and other examples continue for the RICO Act (Racketeering) offenses which clearly are routine in this Court system.

The third request for change of venue is being made this day.

It is clear based on independent view this could be and should be granted without requirement for me to ever return or report to the criminal court system of Jackson County Florida.  Meanwhile, as the crooks are posting my photo/image for detainment it is clear this is without cause or provocation and is a source of harassment precluding any form of safety for the defendant from being perceived.  Clearly the Judge can see this now if not before.

The Judge clearly appears to be collaborating with the States Attorney on a number of levels and of course this is further unlawful use and abuse of power.  I will expand this in future filings if I must.

The abuses of the State/County are clearly meant for the purpose of Intentional Infliction of Emotional Distress, and clearly responsible for Negligent Infliction of Emotional Distress.  The States Attorney has now intimated that they are knowingly and with forethought FUCKING with a guy they believe to be mentally unstable.  (See the unlawful, unsubstantiated order for mental evaluation by the Court on 1/27/2016.) The STATE is unlawfully harassing and abusing a person without case or cause in a Civil Rights violation, AND the States Attorney is calling for Mental Evaluation because they allege some perceived mental imbalance in the victim of their Criminal Plot.  Can anyone spell RICO ACT?  RICO Act filings in the State of Florida specifically address entities who unlawfully screw with adults believed to be mentally impaired.  The Court and the States Attorney in partying with one another and pursuing any form of mental testing as stated in the Court session of January 19, 2016 knowingly acknowledge attempts at abuses under RICO STATUTE as previously posted.  They are all a bunch of crooked people, it is clear.  Would a person have to be retarded to miss this, or have to be retarded to be a target of this abuse?  Why would the State knowingly fuck with someone they believe is messed up?  Without cause?  With complete violation of Civil Rights and Process?  It is indeed a tangled criminal web.  Apparently someone has communicated to Attorney Laura Wahlquist this is how things are done.

The Undersigned noted upon attendance at the Jackson County Court house, Marianna, Florida on January 19, 2016 that the State/Court has placed the Undersigned on a watch list for detainment without any just cause or substantiation.  Under a separate filing we note the corrupt State/Court has posted a photograph and identification of the Undersigned on the X-Ray machine at the Court house alerting law enforcement to detain the Undersigned.  This is presumably for a trumped up charade of the States Attorney office to perpetuate their scheme.  Their schemes and attempts are outlined in part in additional filings.  Clearly their scheme to create a fishing expedition is not going in the manner in which they intended.  They are now attempting to fabricate additional distractions and abuses to further their schemes of Prosecutorial Misconduct/Criminal Mischief, and the like.  It would appear the Judge has been entangled in this part of the scheme as well as the Judge in the January 19, 2016 court made special reference to “limited” access to the States Attorney office.  The Judge was asked to repeat her comments for the benefit of the Court recording which we all know will likely be lost or tampered now that I mention it.  Note:  The Judge is partying with the States Attorney in the mental evaluation scheme.  This is clearly RICO Act and should open a can of worms for a Class Action Suit on RICO Statutes for this State/County as it regards to use/abuse of mental health counsellors for RICO Act/Racketeering violations.   This is regular mob style tactics which is common with this Court it appears.  People are beginning to come forward in regards to this routine use/abuse of people and resources.

The Undersigned being placed on a watch list without cause or proper paperwork is clearly being violated via Civil Rights issues, and is unsafe in this Court house, County, and State Court.  The Undersigned must refuse to attend any more of these unlawful abuses for personal safety.  The criminal abuses of this State, County, and Court seem to know no bounds.

The undersigned has called for the arrest and disbarment of the States Attorney participants.  Clearly the ethics filings generated action in that unlawfully withheld personal property was released upon filing.  Clearly the States Attorney office is reacting in a retaliatory manner for a citizen taking just positions against their abuses.  Clearly the Court is partying with this retaliatory response as we move along.

The States Attorney office and their criminal accomplice H. Guy Green, Public Defender as appointed by this Court are furthering an elaborate scheme to frustrate and annoy a defendant in regards to a case in which they have no substantiation.  (Mind you they are agitating a person they believe to have some mental instability.)   The avoidance twice now of my rights to Speedy Trial has been done by crooked dealings of the States Attorney office as allowed in this Case/Court.  This criminal behavior and others is clearly routine within this Court and related systems.  This abuse and system of abuse now places us outside the limits of the Speedy Trial Act as a tool of abuse administered by the State, with the State, in collusion with the State.  I have advised in numerous filings thus far that this case is likely Federal in nature due to extensive corruption of the State and local officials.

Note in some 8+ filings to this point a letter of August 7, 2015, with time-date stamped received in the States Attorney file on August 10, 2015 as COPIED TO THE JUDGE IN THIS CASE AND OFFICIALS places everyone on notice that the alleged “inventory” of items said to be “stolen” was removed against Court Order without anyone at any point in time taking an inventory before, during, or after removal.  This constitutes CONTEMPT OF COURT by the same jack asses who are causing the undue delay and abuses of the legal process.  The JUDGE in this case, the States Attorney, State and County representatives have all known since August 10, 2015 they have no case for this and other reasons.  There are obligations of the crooked officials to make some decisions.  This is/was BAD FAITH from the beginning and at each turn.

In the October 8, 2015 “depositions” the State and the State colluded to continue a case past their ability to prosecute when their complainant stated in deposition there is/was no way to know as of October 2015 what was or was not missing from inventory.  This is a frivolous case at best and pursuit is BAD FAITH.  This case began on BAD FAITH, continues on BAD FAITH, and now we have violated the SPEEDY TRIAL ACT using multiple acts of BAD FAITH.  The two idiots working for the State (Laura Wahlquist for the States Attorney and H. Guy Green for the Public Defender) discuss ON TAPE of their own making in Jennifer Slay’s deposition October 8, 2015 that an “impact statement” is said to have been produced while the complainant herself in the same recording states she has not as yet unpacked or inventoried any of the boxed she alleged were “stolen” 6 months before.  You idiots have no case.  You never did.  This is BAD FAITH and only a crooked Judge would allow it.  Only two crooked State Attorneys would have allowed this to continue past the October 8, 2015 deposition.  Both the crooked States Attorney and the crooked Public Defender had an obligation to close their file and release the Defendant.  The STATE had an obligation to DROP THEIR CHARGES at the time of deposition!!  SPEEDY TRIAL should not have to have been requested because the case should have ended with the pointless, directionless deposition to no where..  Minute 12:30 to 13:40 of the Jennifer Slay deposition clearly states she has not unpacked, she has not inventoried belongings, and anything and everything she ever lost or thought was lost she is attributing to an event that never happened.  Meanwhile only an idiot could miss the fact that her impact statement cannot be produced months later on boxes that are not inventoried nor were ever inventoried.   An “Impact Statement” filed prior to the unpacking and inventory of her belongings is clearly FRAUD.   The incompetents for the State have given a known pathological liar and predator a blank check to talk about any and all kinds of lost “valuables” that never existed.  Credibility of the witness is clearly discredited in the States Attorney file. Meanwhile these idiot attorneys in the same timeline of the deposition talk about a shared “impact statement” while knowing there can be no impact statement until items are inventoried.  Inventory at the time of deposition was then 6 months after alleged event.  These IDIOT ATTORNEYS are clearly operating in BAD FAITH………These idiot attorneys missed the fact that an Impact Statement prepared before unpacking or inventory is FRAUD.   The idiot attorneys are Aiding and Abetting the Fraud of the complainant……..Meanwhile the handling of alleged items was fouled up BY THE STATES ATTORNEY on August 1, 2015 counter to Court’s agreed terms of Conditional Release.  We now have multiple incidents of tampering with evidence, unlawful delay and obstruction of justice.

Are you people really as crooked as you seem, or so severely incompetent you can’t see the error of your ways?  This COURT appears to be criminally colluding with incompetents daily as a pattern of business with severely corrupt state based counsel.  We do indeed have RICO Act racketeering organization operated by the State and State officials.  Consider this as you continue to violate the rights of each and everyone who comes before your court……………And to think you jack asses want to test my mental competence.  Why not check your integrity, competence and motives?

As we move along it is clear the Court in which this has been launched is likely out of its authority, element, and jurisdiction.  This likely became a Federal matter as soon as the State legal representatives began partying to affect the life and livelihood of a citizen.  This is clearly a violation of Civil Rights via the U.S. Code title 42 section 1983 at a minimum.  By using their office and opportunity to bring about unlawful hindrances of personal rights this escalated out of their own jurisdiction and authority at or immediately after the filing of the initial unsubstantiated, frivolous complaint.  Clearly the Court must now invite Federal oversight to this case and turn the records and officers over for Federal prosecution.

I reserve the right to amend any and all filings as well as bringing additional filings as deemed necessary.  In the meantime this harassment/abuse is costing me substantial hardship financially, physically, and otherwise.

Notification of the Agent signifies notification of the Principal.  Notification of the Principal signifies notification of the Agent.

                RICO Act Racketeering is becoming easier to demonstrate at each round.  Maybe someone wants to read what has been filed with the Court and/or sent to them?

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office and State Legal Representation via their accomplice to their crimes, Larry Birge at the Jackson County Sheriff’s Office.  Attention:

 

Ana Maria Garcia, Florida Bar #577162;

Laura Wahlquist, Florida Bar #87776

Attention Glenn Hess, States Attorney Florida Bar # 287806

Herman Laramore, Public Defender Bar #131906

Pam Bondi, Attorney General, Florida Bar # 886440

Elijah Smiley, Chief Justice 14th Judicial, Florida Bar # 508918

FBI, Regional Office

Publicly made available.

 

Jackson County Board of County Commissioners

2864 Madison Street

Marianna, Florida 32448

Telephone: (850) 482- 9633

Fax: (850) 482- 9643

E-mail: support@jacksoncountyfl.com

 

                                                                                THEODORE WHIDDEN

                                                                                The Victim of the Crimes/Conspiracy

THEODORE WHIDDEN, The Victim of the Crimes/Conspiracy, DEFENDANT in lawful presentation of Jackson County Case No. 15-276CF; 

P.O.Box 158, Chipley, Florida 32428

Phone: 850-685-2353  Email: TedWhidden@gmail.com

 

By:___________________________________________

THEODORE L. (Ted) WHIDDEN

An Abused Member of the Public

                                                                                2/16/2016


 

6Th AMENDMENT Narrative:

The sixth amendment of the U.S. Constitution and the Speedy Trial Act of 1974 protect a criminal defendant's right to a speedy trial. The sixth amendment mandates, in part, that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial." The Speedy Trial Act of 1974 specifies time limits designed to protect a defendant's speedy trial right. To determine whether or not there has been a speedy-trial-right violation, a court must review four related factors: length of delay, reason for delay, defendant's efforts to facilitate a speedy trial, and prejudice to the defendant. The latter factor pertains to the prevention of oppressive incarceration, reduction in the accused's anxiety and concern for the case outcome, and a limitation on the impairment of defendant's ability to put on a defense. The only method to remedy a violation of the speedy trial right is to dismiss the case. Because this remedy is so severe, courts are hesitant to find that a constitutional violation has occurred. The Speedy Trial Act of 1974 specifies a 30-day time limit for indictment and a 70-day time limit for bringing a defendant to trial. Excludable periods of delay are in four general categories: delays caused by pretrial motions and interlocutory appeals, delays relating to defendants, delays caused by the unavailability of witnesses or defendants, and delays relating to continuances. In determining whether or not to dismiss a case with or without prejudice, the act's remedy provision states that a district court must consider three factors: the seriousness of the offense, the facts and circumstances of the case that led to the dismissal, and the impact of a reprosecution on the act and the administration of justice.

 

 

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole."

Supreme Court Judge Scalia wrote concerning Pope v Illinois

"Just as there is no use arguing about taste, there is no use litigating about it."

Copyright May 2016, All rights reserved by Ted Whidden