Kevin Lyndell Yates v. Amy M. Harper
1. Does a defendant who has been handcuffed ,informed that there
is a indictment for his arrest ,questioned by the arresting
officer ,asked by the arresting officer if the defendant would
like to help them out and work for them,and help himself by
helping them,have a Constitutional Right to be read or advised
of his Miranda Warnings ?(the law states that a defendant is to
be advised of his Miranda Warnings before any questioning and
when the defendant has been handcuffed and is not free to leave
and before defendant is interrogated).
2. Does a defendant have the right to be served with the Search
Warrant on the night that said motel room is searched,and does
the defendant or the motel manger have to give consent to search
the motel room,and is the defendant by law suppose to be given a
a copy of what was seized from the motel room,on the night that
the motel room was searched?
3. Is it counsel for the defenses job to serve the defendant
with a copy of the search warrant,and an invertory of what was
seized from the motel room on the night of the arrest,or is it
the officer's job to server the search warrant and a copy of
what was seized on the defendant ?(Mr.Yates informed his attorney
Amy M.Harper that he had not been served with a copy of the
search warrant,and had not been served with a copy of what was
seized from the motel room,and the motel room was searched in
March of 2013, and here it was June of 2013 and the defendant
still had not been served with the search warrant,and had not
seen a copy of what was seized).
4. If the plea agreement was accepted because of the time that
being offered in the sentencing guidelines of the oral plea
agreement,is the defendant entitled to said plea agreement?
5. If the Asst.Commonwealth 's Attorney makes a statement in open
court at the sentencing ,that if he had known that the defendant's
sentencing guidelines were so low he never would have madethe —
deal,and this statement was made after the plea agreement was
signed,isn't that statement made by the Asst.Commonwealth 's
Attorney violating the plea agreement that was offered to the
defendant so that the defendant would plead guilty?
6. Isn't it ineffective assistance when counsel does not get said
plea agreement reduced to writing or on camera,so that defendant
right to Due Process are protected ,and is it effective assistance
of counsel for counsel to bully ,intimindate ,make threats,in order
to get the defendant to sign a blank plea agreement ,that was not
reduced to writing because defense counsel stated that she ...
couldn't get it in writing?
7. Is it effective assistance of counsel for defense counsel to
ignore the facts that the indigent defendant's Constitutional
Rights ,Civil Rights,and the Right to Due Process have been
violated,and intimindates the defendant into siging a plea
agreement that was not reduced to writing or in front of a
camera?
8. The Sixth Amendment states that the defendant is to have
effective assistance of counsel throughout defendant's trial,
or the plea bargaing process ,sentencing ,and if there is one the
appeal process(counsel should have at least one meeting with the
defendant to discuss the arguments that can be presented on the
appeal)is
Does a defendant have a constitutional right to be read Miranda warnings?