-  The only other significant factualMessage 1 of 2 , May 10, 2011View Source
 The only other significant factual difference between the present case and Massiah is that here the police had agreed that they would not interrogate Williams in the absence of his counsel. This circumstance plainly provides petitioner with no argument for distinguishing away the protection afforded by Massiah.
It is argued that this agreement may not have been an enforceable one. But we do not deal here with notions of offer, acceptance, consideration, or other concepts of the law of contracts. We deal with constitutional law. And every court that has looked at this case has found an "agreement" in the sense of a commitment made by the Des Moines police officers that Williams would not be questioned about Pamela Powers in the absence of his counsel. Brewer v. Williams, 430 US 387 (1977) fn 8.
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- Legalbear Sent: Tuesday, May 10, 2011 2:08 PM ... But what if the chosen revenue target acts on their own volition to permit their case to be conducted in anMessage 2 of 2 , May 10, 2011View SourceLegalbear Sent: Tuesday, May 10, 2011 2:08 PM
> Subject: [tips_and_tricks] Criminal Court Does Not Deal in The Law OfBut what if the chosen revenue target acts on their own volition to
permit their "case" to be conducted in an equity court using equity
rules and ignoring constitutional common law because they never frame
their objections in constitutional common law rights? Isn't that what
happens most of the time? Those were not rhetorical or Socratic
questions, they were observations made by a guy who doesn't get far out
of his own chosen environment a lot, wide as it is, and that is what I
see most of the time.
Criminal Court Does Not Deal in The Law Of Contracts, true.
So, they offer the target a choice:
Would you like your case treated as a misdemeanor (criminal) or
"infraction" (civil)? Guess which ramp the sheep prefer!
Most never even recognize when they are given the choice, so they have a
large form of waivers to sign for those who need to make an "X" at the
They are not prepared to conduct proceedings here according to law.
By refraining from being cajoled into waiving rights due to ignorance,
one has a very good chance of "winning, duh!" because LAWFUL
PREREQUISITES AND QUALIFICATIONS for lawful prosecutions CANNOT BE MET!
Victims and others are permitted to pretend otherwise but may suffer
Over and out!
(a.k.a. "Johnny One-Note")