FourthAmendment HabeasCorpus JusticiabilityDoctri
Did the Framers intend that, in a criminal prosecution, a defendant is entitled assistance of counsel, under the 6th Amendment, for all criminal prosecutions until the judgement of conviction is final, including Certiorari to the United States Supreme Court?
Questions Presented 1. Did the Framers intend that, in a criminal prosecution, a : defendant is entitled assistance of counsel, under the 6th Amendment, for "all criminal prosecutions" until the judgement of conviction is final, including Certiorari to the United States Supreme Court? 2. Is it procedurally mandated for a Court to hear the criminal defendant's objections to the facts as stipulated by the government, when the government's version is unsupported by the record? 3. If an officer is acting under dual employment ("two hats") as both a State law enforcement officer (State Police), and a Federal law enforcement officer (ATF), at what point is the transfer of jurisdiction, when the officer is in the process of conducting official duties for the State (such as recovery of a victims's property) from State to Federal, and under what precedent should such a transfer occur? 4. Is it a 4th Amendment violation when Police breach the doorway of a private residence to seize an individual without probable cause, warrant or suspicion of criminal activity when the individual is a lawful resident of the premises and had no criminal history? ; i