Kevin Lyndell Yates v. Amy M. Harper
DueProcess CriminalProcedure Privacy
Does a defendant have a constitutional right to be read Miranda warnings?
QUESTION(S) PRESENTED 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 Tike 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 was 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 made the -—=-—— =~ 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? Cxi] 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 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 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 it effective assistance of counsel for defense counsel to state to the appeals court that they see no merits for an appeal,and withdraw as counsel and never talks to the defendant about the appeal,and is this type of represtation that an ; indigent defendant is suppose to get in the Court Rooms of the United States,would a paying defendant received the same type of representation? 9. If the defendant had done anything to violate the plea agreement the plea would have been withdrawn and the defendant would have been taken to trial on all charges,and the defendant would have been sentenced by the judge,then how come when the Asst. Commonwealth's Attorney violated the oral plea agreement,the counsel for the defendant(Amy M.Harper)stated that there was nothing that could be done ab