AdministrativeLaw DueProcess FourthAmendment JusticiabilityDoctri
Question not identified
QUESTION(S) PRESENTED 1.) IN LIGHT OF ALEXANDER HAMILTON’S ASSERTED SEPARATION OF POWERS PRINCIPLES IN “THE FEDERALIST PAPES” NO. 78 AND 81, IS TRIAL PROCEDURAL JURISDICTION AN INSEPERABLE ASPECT OF SUBJECT MATTER JURISDICTION WHEREAS LEGISLATIVELY ENACTED PROCEDURAL RULES OF COURT MUST BE STRICTLY ADHERED TO IN ORDER FOR A COURT TO OBTAIN JURISDICTION TO DECIDE A CASE? 2.) ISA LEGISLATIVELY MANDATED COMPETENCY HEARING DEPRIVATION THE TYPE OF PROCEDURAL RULE DEPRIVATION THAT DIVESTS THE ' COURT OF JURISDICTION TO ACCEPT A PLEA AND/OR ADJUDICATE A CASE? : 3.) CAN APPELLATE “PROCEDURAL RULE: BARS” BE USED TO AVOID ADDRESSING “PROCEDURAL RULE” DEPRIVATION CLAIMS THAT QUESTION THE TRIAL COURTS JURISDICTION TO ADJUDICATE THE CASE TO BEGIN WITH? 4.) IS AN ORDER SENDING THE CASE BACK TO THE TRIAL COURT TO FOLLOW THE PROPER PROCEDURE THE ONLY REMEDY FOR A COMPETENCY HEARING PROCEDURE DEPRIVATION? ii