government-fabricated-evidence

QUESTIONS PRESENTED 1) Will the theory of the government, assisted by their witnesses, known to be fabricated, asserted to be harmful and outreagous conduct, be enough to reverse a conviction? 2) Based on the evidence, was the subject property in commerce to be applicable , for Congress's Commerce Clause jurisdiction? See U.S. v. Mennuti, 487 F.Supp 544 (1980) 3) Is the property in connection to interstate commerce "too attenated to rationally qualify as 'substantial.'" to be applicable to the 844(i) statute? 4) Is it a material variation, by eliminating a element in the indictment, jury instruction, and statute in order to answer a jury's question? 5) Does a defendant's right to defend themself become a structural error, when the court allows the jury to determine a element of the statute in a way different than the element's definition? (in Re: interstate commerce) 6) Did the Court commit a plain error, by stating the government will use tricks, , to deter the defendant from acting in pro se, then allow the government to prevail on the cliam during trial that the interstate commerce element did not need to be proven? (based upon a per se rule applicable to hotels, resturants, bars, and rental property.) 7) Did the Court. violate defendant's Sixth Amendment Right to represent himself at first’ and’.second: request before having him be subjected to a violation of his Speedy Trial Act and Rigttt:? 8) Did the Court Order for a competency evaluation preventing a Speedy Trial Act right violate defendant's Constitutional due process when no where in the record showed that dedendant was not competent and pro se filings were filed in an attempt to raise claims in his defense? 9) Did the final jury instruction alter the charging terms of the indictment that the possibility of the grand jury would not have indicted? 10) Is it a constitutional violation for a District Court to disallow evidence to show innocence of the alleged crime by their denial of subpoena's of buisness and personal records to rebut the claim the property was being used for a commercial purpose? ; ‘ QUESTIONS PRESENTED CONT. 11) Before denying a rehearing request, that a counsel failed to advise of, did the appeal court violate due process, by ruling before the petitioner (allowed to proceed in pro se) whom was awaiting their case files and court records hindered from raising issues for the first time en banc? ~ 12) Did the appellate court abuse it's discretion”: by not analyzing plain errors raised by appellate counsel in regards to Speedy Trial Act and Rights violation, jury pool and selcection process that did not produce any African-Americans? 13) Is it unconstitutional for merits sought to be raised by counsel filed in Pro Se ignored? | 14) Can a property not open to the public » advertised, licensed, claimed or used ; for buisness tax write off purposes be deemed used for a commercial purpose by a rational jury? (As stated by defendant a "jury of my peer" would need that evidence) 15) Does a California licensed attorney 'per se' affect interstate commerce when they specialize in State matters? 16) Can the United States have jurisdiction over a property allegedly used for a . commercial purpose that does not affect interstate commerce? 17) Did the appeallate Court depart from the accepted and usual course of judicial proceedings by not analyzing the jury being deliberately misled as to matters of which the prosecutors had personal knowledge? 18) Is it a denial of due process when the prosecution did not correct false testimony it was aware of it? 19) Was the failure to correct misrepresentation as to substance of plea bargin made with witness grounds to.trerit a reversal? 20) Was there a Sth Anendrent Violation when the Federal Government gained a conviction by use of perjured testimony?