Louisiana Digital News

My Motion to Dismiss & Rule to Show Cause; Natchitoches, Louisiana

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Copy and paste Motion here https://acumagnet.wordpress.com/2022/02/02/motion-to-dismiss-natchitoches-la/

City Court, Feb 15, 2022, at 9am, in front of Judge Robert Owsley. Prosecutor Billy Bob Harrington has been challenged to show cause or go home.

United States v. Mann, 517 F. 2d 259, 266 (5th Cir.)
.. .involves the validity of an indictment charging misapplication of bank funds in connection with a multimillion dollar loan to a bank official at a preferential rate…

United States v. Johnson 718 F. 2d 1317, 1321 (5th Cir. 1983)(en banc)
Ruling that the district court erred in instructing the jury that a particular document was a “security” as a matter of law, because “it is the jury’s exclusive province to apply the law to the facts and determine whether the document is a security”

United States v. Cadillac Overall Supply Co., 568 F. 2d 1078, 1082 (5th Cir.)
This is a criminal anti-trust case. Appellant Cadillac Overall Supply Company (Cadillac) appeals, following a bench trial, from the verdict and judgment finding it guilty of conspiring to restrain interstate commerce by allocating customers in the rental of industrial garments in several counties in South Florida in violation of Section One of the Sherman Act. 15 U.S.C. § 1.

Jackson v. Virginia, 443 U.S. 307, 316-17, 99 S.Ct. 2781, 2787-88, 61 L.Ed.2d 560 (1979)
Petitioner was convicted of first-degree murder after a bench trial in a Virginia court, and his motion and petition in the state courts to set aside the conviction on the ground that there was insufficient evidence of premeditation, a necessary element of first-degree murder, were denied. He then brought a habeas corpus proceeding in Federal District Court, which, applying the “no evidence” criterion of Thompson v. Louisville, 362 U. S. 199, found the record devoid of evidence of premeditation and granted the writ. Applying the same criterion, the Court of Appeals reversed, holding that there was some evidence that petitioner had intended to kill the victim.

Sullivan v. Louisiana, 508 U.S. 275, 277-278, 113 S. Ct. 2078, 2080-81, 124 L. Ed. 2d 182 (1993)
Holding that correct inquiry for harmless error review is “whether the guilty verdict actually rendered in this trial was surely unattributable to the error”

Estelle v. McGuire, 502 U.S. 62, 69, 112 S.Ct. 472, 481, 116 L.Ed.2d 385 (1991)
The Court of Appeals reversed, concluding that the trial was arbitrary and fundamentally unfair in violation of due process. It ruled that the prior injury evidence was erroneously admitted to establish battered child syndrome, because there was no evidence linking McGuire to the prior injuries

United States v. Ramirez 233 F.3d 318, 323 (5th Cir. 2000)
Moses Ramirez appeals his conviction for forcibly assaulting a federal officer in violation of 18 U.S.C. § 111. Ramirez was convicted after a jury trial and was sentenced to thirty-six months of imprisonment, to be followed by one year of supervised release. Ramirez now challenges his convictions, claiming that the evidence is insufficient to sustain his conviction and that his indictment was constitutionally inadequate. We affirm Ramirez’s conviction.

Louisiana Constitution 5

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