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Nye Frank

court case742 F.2d 371 - 0 views

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    "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."
Nye Frank

Google Bookmarks - 0 views

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    ELDER & DEPENDENT ADULT FINANCIAL ABUSE CHECKLIST FOR WHETHER A CRIME HAS OCCURRED: { } Was the elder adult lacking competence or capacity when the transaction occurred? Did the suspect know the client's condition? { } Assuming the elder adult was competent, did he/she fail to understand the transaction? { } Did threats, force, duress or undue influence cause the elder to transfer property or to give or allow use of money? { } Were assets taken or used without permission by someone the elder adult entrusted, expecting that the person would not use the assets for his/her own purposes? { } Did some misrepresentation or promise without intent to perform cause the elder or dependent adult to transfer money or property? { } Is there evidence of other crimes, such as forgery, bad checks, extortion, physical abuse and/or neglect? { } If there is a crime, are there other suspects: family members or friends who assisted, notaries, real estate agents, doctors, lawyers? ACTION CHECKLIST FOR WHEN A CRIME HAS OCCURRED: { } Take steps to preserve assets, or refer to APS, family member, or friend who can take steps to preserve assets. Document your efforts. { } Refer to appropriate other agencies for investigation and prosecution: 1. Abuse in long term care facilities report to: Long Term Care Ombudsperson - 800-231-4024 2. All other types of abuse report to: Adult Protective Services - 800-491-7123 (24 hrs.) Local Law Enforcement Agency { } Gather evidence, if appropriate to your role. { } Take steps during investigation to regain assets if possible. -9- WHO MUST REPORT? Anyone who provides Health or Social Services to elderly or dependent adults (whether or not they are paid) is a MANDATED REPORTER As of January 1, 2007 credit unions and financial institutions are mandated reporters of financial abuse. Welfare & Institutions Code 15630 (a) Any mandated reporter, who in his/her professional capacity, or within the scope of his/her employment, has observed or has knowledge of an
Nye Frank

IE Chatter- Riverside DA Rod Pacheco Embroiled in Controversy - 0 views

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    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
Nye Frank

violation of 18 U.S.C. §§ 4, 201, 241, 242, 1341, 1343, 1513, 1951 - Google S... - 0 views

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    This is Google's cache of http://home.earthlink.net/~malfeasance/id23.html. It is a snapshot of the page as it appeared on Jun 22, 2010 22:26:17 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese terms only appear in links pointing to this page: http www vsb org profguides actions_jul06 dec06 html Citizens' Demand For An Investigation of Criminal Conspiracy by Beltway Attorneys and Judges Ib. Affidavit in Support of Criminal Complaint for Conspiracy Home | Letter to Congress on the Denial of the Right to Impartial Judicial Review of Misprision of a Felony | Our Purpose | Aug. 28, 2009 Letters to Preseident Obama and Gov. Kaine to Direct Response to Petition for Cert. | U.S. Supreme Court Petition for Cert. to DC Circuit to Oppose Disbarment based on VSBDB Void Order | I. Transmittal Letter to Federal Criminal Complaint Filed in the District of Columbia | Ia. D.C. CRIMINAL COMPLAINT FOR CONSPIRACY BY JUDGES, GOVERNMENT AND BELTWAY LOBBYIST/ATTORNEYS | Ib. Affidavit in Support of Criminal Complaint for Conspiracy | Ic. MEMO IN SUPPORT OF COMPLAINT TO INDICT JUDGES FOR CRIMINAL CONSPIRACY DEPRIVING FATHER OF RIGHTS | II. Transmittal Letter to Federal Criminal Complaint filed E.D. of Virgina | III. Transmittal Letter to Federal Criminal Complaint In Pennsylvania for Misprision of a Felony | IV. Transmittal Letter Federal Criminal Complaint Filed in Colorado for Obstruction of Justice. | V. TRANSMITTAL LETTER TO CRIMINAL COMPLAINT FOR JUDGES CABRANES ET AL. VIOLATING VOID ORDER DOCTRINE | Becoming a Member | Contact Us | Calendar of Events | Members Page | Newsletter | Links United States District Court District of Columbia ________________________________________________ UNITED STATES OF AMERICA v. John G. Roberts, et al., ________________________________________________) AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF CRIMINAL COMPLAINT I. INTRODUCTION 1. I am a Citizen
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    Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.
Nye Frank

My Library Crime Victims - 0 views

  • news, interest
  • "She reiterated to Mr. Pacheco that it was cut and dry, the investigator had prepared a false report." Under the U.S. Supreme Court's 1973 Brady v Maryland decision, prosecutors have a duty to disclose evidence helpful to the accused, including the credibility of a witness. Hunt said Pacheco told her not to disclose anything to defense attorneys in the unidentified case. Pacheco said there was a system set up in 2006, when Trask was district attorney, to review possible Brady violations and she did not follow that policy, he said. Hunt said in her lawsuit she did not know at the time that the same investigator was the subject of similar allegations in a case that was under review by the FBI and the U.S. attorney's office.
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    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.
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    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
Nye Frank

LIABILITY OF INDIVIDUAL STATE AND LOCAL GOVERNMENT OFFICIALS: THE PRIMA FACIA CASE - 0 views

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    "whether Congress, in enacting § 1979, meant to give a remedy to parties deprived of constitutional rights, privileges and immunities by an official's abuse of his position. Cf. Williams v. United States , 341 U.S. 97; Screws v. United States , 325 U.S. 91; United States v. Classic , 313 U.S. 299. We conclude that it did so intend."
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    Crime Victim Lee Frank was stalked for months every day and isolated by a son and family of a buddy of the
Nye Frank

iePolitics.com » Search Results » rod pacheco - 0 views

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    We were told that Riverside County did not have a elder D crime victim assistant that was Federally Funded. Perhaps if Pacheco stopped using his ten member marketing team to puff up the news and use it for what it was meant for we could cut cost and serve the public. We had to file a Lemine to stop Supervisors, Sheriff and DA staff from making false statement of fact, The judge removed himself. http://nyefrank.typepad.com
Nye Frank

Lee Breedlove-Frank, womans land speed record holder - 0 views

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    Lee still holds the world land speed record for women in a four wheel jet car. She did both directions of the run. Where Kitty went faster one way not the required both directions. Lee drove the Spirit of America Sonic two.
Live Octane

Trivia: What Record did Ashley Force Hood Set on this Day in 2008? - 0 views

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    On April 27, 2008, Ashley Force Hood solidified her spot in the history books of drag racing. The daughter of NHRA driving legend, John Force, also became the first female Funny Car driver to win a championship (against her dad, of all people).
Nye Frank

Publications - California Department of Justice - Office of the Attorney General - 0 views

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    Riverside County had Federal Funding for a DA Elder Victim Advocate and denied the services, along with Forensic elder autopsy evaluation. Death Certificate states natural cause of death with homicide. This does not meet statutory duty of coroner and I am requesting correction with Dr. Fajardo and Dr. Rice signature. Broken Bones on elder homicide duty to sign
Ace Dee

Going Skiing in Japan with a Travel Agents Perth - 1 views

It is summer here in Australia and I am thinking about escaping the hot sun by skiing on the slopes of Japan on a clear winter day. As soon as I heard about WOW Factor Travel Agents Perth and their...

Travel Agents Perth Cruises Cheap flights

started by Ace Dee on 04 Feb 11 no follow-up yet
car tracking

Vehicle Tracking Device Helped Save My Mother - 1 views

I am a very cautious person. I insisted with my mother who is already in her 60's to put a Geotab Go5 Compact tracking device in her car so that in case she gets lost along the way, I can locate wh...

Vehicle tracking

started by car tracking on 11 Oct 11 no follow-up yet
Nye Frank

YouTube - Riverside County Politics, Elder Homicide Cover up, Nye Frank Racing - 0 views

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    http://nyefrank.typepad.com DA staff the sheriff not to investigate DA victim advocate told elder lie that Federally Funded services did not exist in Riverside County All victim rights denied Supervisors convert denied victims funds in 3 years as unclaimed funds
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