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Re: [tips_and_tricks] the right to effective assistance of counsel

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  • The Handyman
    There is no source to be found to prove one has a right to be represented. This decision states that: a person has the right to be represented by counsel
    Message 1 of 2 , Dec 26, 2010
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      There is no source to be found to prove one has a right to be represented.  This decision states that: "a person has  the right to be represented by counsel and then says the person  has the right to  assistance of counsel.  Now you know these highly intelligent dudes know words?  Does an accused have a right to be represented or assisted?They are not the same!  The right to be assisted is found in the 6th Amendment.  The right to be represented is not to be found anywhere. At common law, which was the law at the drafting of the Constitution, it was clearly established that lawyers were not allowed in court. You do not have a divine, natural or inherent right to representation from birth nor is it a contractual or legal right. Under the divine right of kings representation of persons was absolute as the King was not subject to any earthly authority. Men are under the Declaration of Independence and persons are under the Constitution. Accept BAR standby counsel and you stand in a court of persons with only those rights that are enumerated somewhere; but where?  I have observed standby counsel at work many times.  Most shysters sit very quietly at the end of the table at your trial and if you ask him one question you are stuck with him and on appeal you had counsel. It would be far better to object to his presence at you table and demand a friend to be your counsel which they will either deny or say he can sit and assist but cannot speak.  Why?  Why can a lawyer speak for you an a man can't? A man can¬ít speak in a court set for persons. A man who wants to appear in their court has to appear as a person.    I've kicked this around for 30 years and  served 9 years in Angola Prison better known as Louisiana State Penitentiary and every appeal raised by those harden criminals included the ineffective card to no avail.  It is BS and there are no absolutes to establish ineffectiveness. Shalom
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