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1 MINNESOTA STATUTES 2009 CHAPTER 611A CRIME VICTIMS: RIGHTS, PROGRAMS, AGENCIES DEFINITIONS AND GENERAL PROVISIONS 611A.01 DEFINITIONS. 611A.015 SCOPE OF VICTIMS' RIGHTS. 611A.02 NOTIFICATION OF VICTIM SERVICES AND VICTIMS' RIGHTS. 611A.021 NOTICE OF RIGHT TO REQUEST WITHHOLDING OF CERTAIN PUBLIC DATA. 611A.03 PLEA AGREEMENTS; NOTIFICATION. 611A.0301 RIGHT TO SUBMIT STATEMENT AT PLEA PRESENTATION HEARING. 611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION. 611A.0311 DOMESTIC ABUSE PROSECUTIONS PLAN AND PROCEDURES; PILOT PROGRAM. 611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL SEXUAL CONDUCT; HARASSMENT. 611A.032 INACTIVE. 611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE. 611A.034 SEPARATE WAITING AREAS IN COURTHOUSE. 611A.035 CONFIDENTIALITY OF VICTIM'S ADDRESS. 611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION. 611A.037 PRESENTENCE INVESTIGATION; VICTIM IMPACT; NOTICE. 611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING. 611A.0385 SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF OFFENDER RELEASE AND EXPUNGEMENT. 611A.039 RIGHT TO NOTICE OF FINAL DISPOSITION OF CRIMINAL CASE. 611A.0392 NOTICE TO COMMUNITY CRIME PREVENTION GROUP. 611A.0393 CRIME ALERTS; VIOLENT CRIMES; DISABLED ACCESS. 611A.0395 RIGHT TO INFORMATION REGARDING DEFENDANT'S APPEAL. 611A.04 ORDER OF RESTITUTION. 611A.045 PROCEDURE FOR ISSUING ORDER OF RESTITUTION. 611A.046 VICTIM'S RIGHT TO REQUEST PROBATION REVIEW HEARING. 611A.05 PENALTIES NO BAR TO CIVIL REMEDIES. 611A.06 RIGHT TO NOTICE OF RELEASE. ELECTRONIC MONITORING 611A.07 ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE VICTIMS; STANDARDS. BARRING PERPETRATOR RECOVERY 611A.08 BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT. SEXUAL OFFENSES; DOMESTIC ABUSE AND VIOLENCE 611A.19 TESTING SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY VIRUS. 611A.20 NOTICE OF RISK OF SEXUALLY TRANSMITTED DISEASE. DOMESTIC VIOLENCE AND SEXUAL ASSAULT PREVENTION

Current issue -This is a request for assistance in ongoing stalking of a elder crime victim, and witness intimidation. Civil and Criminal violations to Leota Ann Frank a 74 year old elder, USA citizen, Civil Rights being violated by offical Misconduct under color of the law violations in Riverside County. Documented Fraud in Riverside Superior Court by the DA and his staff prosecutor Daima Calhoun, Coroner, APS, County Supervisors, DA Victim Advocate staff, and attorney all making a false Statement of Fact to try to prevent evidence of corruption in court. This was stopped by filing a Lemine by Lee Frank with help of internal affairs going around court staff obstruction to serve legal council of county. Proof in every step of corruption documented by mail, email and fax correspondence. Documented proof of officials knowledge and intention obstruction of justice. This Fraud includes official financial abuse. Unfortunately a prior denial by your agency with a reply that this crime was a incident and not a pattern of corruption has proven to be incorrect, and well documented by Melody Scott and the Care Center loss of License. Currently a lawsuit is filed pro se in Riverside County Superior Court, and Los Angeles Federal Court. The current judge states denial of Federal Court, giving indication that there may be Legislative involvement of Brian Floyd. Sheriff audio recording of Phil Reddish a Norco High Wrestling Coach and father of 27 year old attacker. Phil Reddish states on he has assistance by Brian Floyd past Chief Deputy prior position of Senator Rod Pacheco. Lee Frank has been unable to find a attorney to take a case for Civil Rights Violations by officials. The attack of 68 year old Nye Frank was done with intentional and professionally trained martial art moves that used strangulation and smothering techniques known to cause death. The autopsy factually documents the strangulation. The Coroner has homicide with natural cause of death on the report currently

We have a first opportunity for court

These elementary principles establish the government's obligation to provide medical care for those whom it is punishing by incarceration. An inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met. In the worst cases, such a failure may actually produce physical "torture or a lingering death," In re Kemmler, supra, the evils of most immediate concern to the drafters of the Amendment. In less serious cases, denial of medical care may result in pain and suffering which no one suggests would serve any penological purpose. Cf. Gregg v. Georgia, supra, at 173, 96 S.Ct. at 2924-25 (joint opinion). The infliction of such unnecessary suffering is inconsistent with contemporary standards of decency as manifested in modern legislation8 codifying the commonlaw view that "(i)t is but just that the public be required to care for the prisoner, who cannot by reason of the deprivation of his liberty, care for himself."9

Officials indifference to Lee Franks request for protection. The killer has stalked Lee almost three years without any protection.

For stare decisis to be effective, each jurisdiction must have one highest court to declare what the law is in a precedent-setting case. The U.S. Supreme Court and the state supreme courts serve as precedential bodies, resolving conflicting interpretations of law or dealing with issues of first impression. Whatever these courts decide becomes judicial precedent

Prima Facia- So far blocked in court

Judge in Riverside County who recrused himself now says he can hear case of Homicide Cover up of Nye Frank a elder who Legislation says is a protected class case closed behind closed doors. http://nyefrank.typepad.com

Judge that was removed in homicide of Nye Frank now states qualifies to sit on corruption case. Lee Frank had filed a lemine for his misconduct in her case on a prior date.

"The uncontested facts show that Evans cannot satisfy the requirement of "affirmatively prov[ing] prejudice." It is inconceivable to us, and not merely improbable as in Henderson v. Morgan, 426 U.S. 637, 644 n. 12, 96 S.Ct. 2253, 2257 n. 12, 49 L.Ed.2d 108 (1976), that Evans would have gone to trial on a defense of intoxication, or that if he had done so he either would have been acquitted or, if convicted, would nevertheless have been given a shorter sentence than he actually received. It just is not believable that Evans did all the things he does not deny having done, involving elaborate negotiations with the police over several hours, in some sort of alcohol-induced trance. In this respect the present case resembles Morgan v. Israel, 735 F.2d 1033 (7th Cir.1984). In evaluating the voluntariness of Morgan's failure to plead not guilty we said, "It is sufficiently clear that Morgan had no hope at all of an acquittal to enable us to infer that he would not have changed his plea to not guilty .... He admitted having shot Mallason; and when you shoot a person several times, with fatal results, the inference of deliberate homicide is irresistible .... The jury never would have believed that he lacked the ... elementary mental capacity required to form a murderous intent...." Id. at 1036. So here, no jury could have believed that Evans was not acting deliberately when he did all the things he did in the police station. Therefore, being told that if he had not been acting deliberately he would have been acquitted of some of the offenses with which he was charged could not have led him to change his plea and to win acquittal."

Aldinger v. Howard, supra, held "only that a city may not be joined as a pendent party to an action when there is no independent source of federal jurisdiction over" that party http://74.125.155.132/search?q=cache:wRo-kHPJjvMJ:ftp.resource.org/courts.gov/c/F2/572/572.F2d.98.76-2593.html+federal+cause+of+action+constitutional+violation+court+cases&cd=9&hl=en&ct=clnk&gl=us

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http://books.google.com/books?hl=en&lr=&id=M0dy9Vi0JSEC&oi=fnd&pg=PR13&dq=what+must+be+proved+in+a+political+corruption+case+outline&ots=ZlKPp3T_He&sig=kgHvaHyvrzXTy5Lq6-26czwlGGo#v=onepage&q&f=false

We have now come to realize 3 Federal employees along with state employees participation. Too profitable for elder probate homicides. Only New York Times wrote about it. The public has little concern for elders and the political parties grand stand they are doing something like in our case but just a show.

Homicide Cover up of Nye Frank

No case numbers, No court records, news black outs. Guardianship funding elections?

In our case Rod Pacheco got a public award for a program that was federally funded. We were told Riverside County did not have the service. Who did he lie to and cheat? Us or the Federal government

False Arrest The claim that is most often asserted against police is false arrest. Persons bringing this claim assert that police violated their Fourth Amendment right against unreasonable seizure. If the officer had probable cause to believe the individual had committed a crime, the arrest is reasonable and the Fourth Amendment has not been violated. Police can arrest without a warrant for a felony or misdemeanor committed in their presence. (Some states also allow warrantless arrests for misdemeanor domestic assaults not committed in the officer's presence.) Even if the information the officer relied upon later turns out to be false, the officer is not liable if he believed it was accurate at the time of the arrest. To prevail on a false arrest claim, the victim must show that the arresting officer lacked probable cause, that is, facts sufficient to cause a reasonable person to believe that a crime had been committed. http://74.125.155.132/search?q=cache:xsg_D3OUnnIJ:public.findlaw.com/civil-rights/more-civil-rights-topics/police-misconduct-rights.html+false+claim+against+crime+victim+constitutional+violation&cd=1&hl=en&ct=clnk&gl=us

Brian Floyd the Legislative Rep in Riverside County that Phil Reddish states helping him to cover up homicide is now going against a mandamus to enforce the law

Since Monroe v. Pape, supra, this Court has consistently avoided attaching any requirement of ulterior purpose or improper motive to the statement of a cause of action under 42 U.S.C.A. 1983. Cf. Nesmith v. Alford, 5 Cir. 1963, 318 F.2d 110; Pierson v. Ray, 5 Cir. 1965, 352 F.2d 213, reversed on other grounds, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288. Of course, when an essential element of the wrong itself under well established principles of tort law includes the demonstration of an improper motive as in malicious prosecution

I never imagined being a crime victim. I never dreamed of so much corruption. I am shocked it happens with official blind eye to such a extream it shuts down a community care for each other.

There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1KTay-Fv2EJ:www.answers.com/topic/criminal-law+legislative+homicide+cover+up+equal+to+criminal+conduct+chargeable&cd=3&hl=en&ct=clnk&gl=us

"The Petitioners, Lawrence E. Kennon, Mary D. Powers, and Mary L. Johnson, all three of whom are citizens of Illinois and residents of Cook County, together with Citizens Alert, the Coalition to End Police Torture and Brutality, First Defense Legal Aid, the Justice Coalition of Greater Chicago, the Cook County Bar Association, the Chicago Council of Lawyers, the Chicago Lawyers Committee for Civil Rights Under Law, Inc., the Campaign to End the Death Penalty, the Illinois Coalition Against the Death Penalty, the Illinois Death Penalty Moratorium Project, the National Lawyers Guild, Amnesty International, and Rainbow/PUSH Coalition, by their attorneys, Randolph N. Stone, of the Mandel Legal Aid Clinic of the University of Chicago Law School, and Locke E. Bowman, of the MacArthur Justice Center, respectfully request that this Court appoint a special prosecutor to investigate allegations of torture, perjury, obstruction of justice, conspiracy to obstruct justice, and other offenses by police officers under the command of Jon Burge at Area 2 and later Area 3 headquarters in the City of Chicago during the period from 1973 to the present."

Please think before you vote because there is a evil going on and it is only happening because it is from the top down even the Attorney General after being told case closed exceptional(illegally) and Brady material like Mike Nefong he said now Lee Frank at 72 had to prove conflict of interest which I now have. This is what our Constitution was all about separation of power

PERHAPS SOMETHING GOOD CAN COME FROM THIS BAD. NYE FRANK NEVER GOT IN A FIGHT IT WAS A ATTACK. LEE FRANK IS STILL STALKED WITH THE SHERIFF AND DA ACTING LIKE SHE IS A GHOST. I WISH THEY WOULD FACE THE LAW LIKE THE REST OF US

Brian Floyd the District Attorney Campaine managers brother showed up in court for Ty Reddish. He works for the group that represents the DA office. Right now they have a false statement of fact in Federal Court, maybe two. Exparte meetings with the judge already. This case can shine a light on some really bad things happening in Riverside County

Lee Frank is still a stalking victim with full knowledge of the current District Attorney and Sheriff along with the Supervisors

thanks to some pretty crazy stuff like officials funding it. Case Suggestions and Requests | Goldwater Institute