Brent Douglas Cole v. United States
DueProcess FifthAmendment Punishment
Was the Federal court without jurisdiction because the cause did not constitute a Case, the court exceeded its authority, or venue?
QUESTIONS PRESENTED A "Case" is "a suit instituted according to the regular course of judicial procedure." Muskrat, 219 US at 356-7. It must be instituted lawfully to arise under the Constitution. The judicial Power of the United States under Art. III, § 2, cl. 1 does not extend beyond this. -California first commenced prosecution for acts that occurred solely within its territorial jurisdiction. federal prosecution was subsequently commenced concurrently by an information for the same. ; 1) Was the Federal court without jurisdiction because the cause did not constitute a Case, the court exceeded its authority, or venue? 2) Did the Appeals court perform its duty to examine jurisdiction? The Northwest Ordinance (N. 0.), Art. 2 is a Treaty requiring that inhabitants shall always be entitled to the benefits of the writ of habeas corpus, proceedings according to the course of the common law, and not be subjected to excessive or cruel and unusual punishments. -The Petitioner was taken from California's custody in jail without the necessary writ ad prosequendum into a different jurisdiction to be tried before the state's process rendered its function. 3) Did California fail to perform its duty to protect COLE from harm? 4) Was the necessary process evaded or the N.O. Art. 2 breached? Cal. P.C. §§ 25400 and 25850 declare the exercise of Second Amendment right to be crimes. The Petitioner was bound to the state to stand trial for keeping, arms lawfully owned by him when he had injured no one and done no wrong. -He attempted lawfully to enforce and protect Constitutionally guaranteed rights as statutory Attorney General by challenging constitutionality of the statutes that he was charged with, and issuing appointment clause challenges. 5) Is original Jurisdiction of all Cases affecting the Petitioner _vested in this supreme Court by Art. III, § 2, cl. 2 because he is a public Minister and/or while he was acting in that official duty? 6) Is original Jurisdiction necessarily exclusive? (See supra p. 10). : 7) Did 18 USC § 3132 amend the Constitution by statute? California court. declared the Jury must be charged with deciding constitution— ality of the statutes involved. COLE asserts it is a legal duty of the judge. 8) Is the duty to decide constitutionality incumbent upon the judge? An officer must be acting lawfully within the bounds of his authority and inform the person whom they attempt to arrest that they are under arrest and the authority therefor in order for the arrest to be lawful. — COLE contends the BLM Agentsuddenly engaged in an unannounced force and arms attempt to arrest him while they were engaged in an amiable conversation. This was an attempt to arrest for custodial detention using bullets COLE contends constitute a war crime. 9) Was the attempted arrest illegal or a Fourth Amendment violation? i QUESTIONS PRESENTED Both state and Federal prosecutions were instituted for the same act for charges, essentially the same in their characters, concurrently. Governments contend that they are two entirely distinct "sovereignties", each entitled in their own right to punish and prosecute the same person for the same act, under the laws of each, for charges essentially the same in their characters, and it does not violate the bar to double jeopardy because they are two separate sovereigns. -~ Petitioner contends the sovereignty is vested in one people, who have granted each government an authority to exercise a portion of the people's’ sovereignty. 10) Was the bar to double jeopardy violated? There is no express provision within 18 USC § 111 that preempts state law from being applicable. All acts in question were committed without the territorial jurisdiction of the United States and within California's. 18 USC § 13 thus does not apply. Petitioner contends that Art III, § 2, cl. 3, the Sixth and Tenth Amendments, under territorial law make California law the applicable law. 11) Is California law the applicable State's law in th