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Opposition to Chief Justice Saufley of the Maine Supreme Judicial Court reappointment spring 2016
State vs. Bernard Noble
Bernard Noble has been deprived of his fundamental right to liberty for over 5 years of a 13+ years sentence as an habitual offender for possessing 2+ grams of marijuana.
With assistance, he has filed an Application of Post-Conviction Relief in Orleans Parish Criminal District Court Section L on May 18th 2015, Doc # 501-594 on the claim that the Louisiana marijuana possession law is unreasonable use of police power contravenes the Fourth and Fourteenth Amendments and the law is unconstitutional. The State of Louisiana did not respond by June 17th to Mr. Noble’s claim as required by law. Therefore the District Attorney of Orleans Parish agrees the marijuana possession law is unconstitutional. I am told he is being brought to his hearing on June 29, 2016.
I have informed the media about this hearing after I called this court and learned the state did not respond to his application for post-conviction relief. This means the DA’s office concedes that the criminalizing marijuana is unreasonable and unconstitutional by not responding. There are no reasons, no compelling state interest to deprive Mr. Noble’s liberty for allegedly possessing marijuana violating due process of law.
I was also was told that Mr. Noble was informed by the public defender that the clerk of the court said the judge did not want any of his family or the media at this hearing.
And the clerk of this court is offering some plea agreement that the charges he was convicted of would be reduced so he would be released for time served to avoid the court declaring the marijuana possession law unconstitutional.
It is said, after that Mr. Noble can question the constitutionality of the marijuana laws to overturn his convictions in a declaratory judgment lawsuit. What the what? The court does not work for the executive or legislature branches of government. The judiciary is supposed to be impartial to secure constitutional rights against majority rule. That due process of law requires the judicial standard of review of laws that deprive fundamental rights is strict scrutiny. The burden is on the government to demonstrably justified that the law is reasonable and necessary to protect public safety. How is the possession of marijuana a threat to the rights of others?
What is lower than simple possession of marijuana? There is no pleading to a lesser charge listed in the application for post-conviction relief. But questioning the constitutionality of a law that has deprived Mr. Noble of his liberty is a criteria listed on the form for post-conviction relief and has no statutory of limitation.
This Judge, that sentence Mr. Noble for 13+ years because he had to by law. Now he has no choice but to declare the state of Louisiana marijuana possession law is unreasonable violating due process of law and unconstitutional because there is no victim of a crime and overturn Mr. Noble’s conviction and restore his liberty, freedom from physical restraint.
I want to believe bringing Mr. Noble to Court he has spent his last night in jail. He will have his liberty restored and freedom to leave the court quietly or not with his family because criminalizing this property, marijuana, and the use of state police power violated his rights secured by the Fourth and Fourteenth Amendments and is unconstitutional.
UNIFORM APPLICATION FOR POST-CONVICTION RELIEF
His Claim 1
I claim that my person has been seized and I have been deprived of my inalienable fundamental right of liberty without reason, without a compelling state interest, without due process of law contravening the Fourth and Fourteenth Amendments of the Constitution of the United States.
I didn’t know that being arrested, seizure of my person and deprivation of my fundamental right of liberty, that I had had standing to question the validity, the construction, the reasonableness, the constitutionality of the State of Louisiana’s marijuana possession law in a pretrial Motion to Dismiss.
I didn’t know that liberty is freedom from physical restraint, bounds of prison.
I didn’t know substantive due process of law requires the deprivation of my fundamental right of liberty by the use of state police power must be justified by a compelling state interest.
I didn’t know that judicial standard of review of the marijuana possession law that authorized the use of state police power is strict scrutiny standard of review.
I didn’t know the burden was on the State of Louisiana to provide reasons, a compelling state interest, a substantial threat to public safety, that demonstrably justifies the law that criminalized the possession of marijuana and the use of state police power.
I didn’t know I had a right to equal protection of law, the Fourth and Fourteenth Amendments of the Constitution of the United States.
IN THE ORLEANS PARISH
CRIMINAL DISTRICT COURT SECTION L
STATE OF LOUISIANA
BERNARD NOBLE )
Docket No. 501-594
STATE OF LOUISIANA )
APPLICATION FOR POST CONVICTION RELIEF
MEMORANDUM OF LAW
For violating the marijuana possession law, I claim that my person has been seized and I have been deprived of my inalienable fundamental right of liberty without reason, without a compelling state interest, without due process of law contravening the Fourth and Fourteenth Amendments of the Constitution of the United States.
“One's right to life, liberty, and property, may not be submitted to vote; they depend on the outcome of no elections.” West Virginia Board of Education v. Barnette, 319 U.S. 624, 638 1943 .“Such rights … do not vanish simply because the power of the state is arrayed against them. Nor are they enjoyed in subjection to mere legislative findings.” Nebbia v. New York, 291 U.S. 502, 548; 54 S.Ct. 505 (1934).
No State "shall deprive any person of life, liberty, or property without due process of law," says the Fourteenth Amendment to the Constitution. … By the term "liberty," as used in the provision, … [is] freedom from physical restraint or the bounds of a prison. Munn v. Illinois, 94 U.S. 113, 142 (1876)
State “police power which trenches upon the constitutionally protected freedom even though enacted pursuant to a valid state interest, bears a heavy burden of justification … and will be upheld only if it is necessary, and not merely rationally related, to the accomplishment of a permissible state policy.” McLaughlin v. Florida, 379 U.S. 184, 196; 85 S.Ct. 283, 290 (1964); Griswold v. Connecticut, 381 U.S. 479, 497, 85 S. Ct. 1678 (1965); Ravin v. State of Alaska, 537 P. 2d 494,.497 (1975).
“[T]he police power of the State … can only interfere with the conduct of individuals in their intercourse with each other, and in the use of their property.” Munn v. Illinois, 94 U.S. 113, 145 (1876).
“The police power of a state … is subordinate to constitutional limitations. Under it there is no unrestricted authority to accomplish whatever the public may presently desire. It is the governmental power of self-protection and permits reasonable regulation of rights and property in particulars essential to the preservation of the community from injury.” Panhandle Eastern Pipeline Co. v. Highway Comm'n, 294 U.S. 613, 622 (1935).
" In the absence of compelling justification, the police power does not extend so far as to permit the Government to protect an individual against himself and that the concern for public health and safety is relevant only insofar as the action of one individual may threaten the well-being of others." United States V Kiffer 477 F2.d 349 (1973), at 354.
A "seizure" triggering the Fourth Amendment's protections occurs only when government actors have, by “means of physical force or show of authority, . . . in some way restrained the liberty of a citizen.” Terry v. Ohio, 392 U.S. 1, 19 n. 16 (1968). A full custodial arrest is …a severe intrusion on an individual's liberty, its reasonableness hinges on "the degree to which it is needed for the promotion of legitimate governmental interests.” Wyoming v. Houghton, 526 U.S. 295, 300 (1999).
[C]riminal statutes, be subjected to the most rigid scrutiny, … if they are ever to be upheld, they must be shown to be necessary to the accomplishment of some permissible state objective. Loving v. Virginia, 388 U.S. 1, 11 (1967). “The police power may be exerted … to invade rights … when such legislation bears a real and substantial relation to the public health [and] safety.” Liggett Co. v. Baldridge, 278 U.S. 105, 111,112; 49 S.Ct.57, 59 (1928).
[T]he rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand. Jacobson v. Massachusetts, 197 U.S. 11, 27 (1905).
“ ‘Even liberty itself, the greatest of all rights, is not unrestricted license to act according to one's own will. It is only freedom from restraint under conditions essential to the equal enjoyment of the same right by others. It is, then, liberty regulated by law.’” Jacobson v. Massachusetts, 197 U.S. 11, 26 -27 (1905) Crowley v. Christensen 137 U.S. 86, 89, 90 (1890) “This constitutional guaranty demands only that the law shall not be unreasonable, arbitrary, or capricious, and that means selected shall have real and substantial relation to the object. Nebbia v. New York, 291 U.S. 502, (1934).
The case law indicates the marijuana possession law is unconstitutional and I’m illegally detained.
Collateral Damage in Mexico And Latin America caused by the American judiciary claiming no rights are deprived by the prosecution of the Drug War because drugs are not a fundamental right.
Staggering Death Toll of Mexico’s Drug War
"Though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression." Thomas Jefferson, First Inaugural Address In the Washington, D.C. Wednesday, March 4, 1801.
“Legislative authority to abridge [plaintiff’s liberty and] property rights … can be justified only by exceptional circumstances and, even then, by reasonable regulation only, and that legislative conclusions based on findings of fact are subject to judicial review.” Nebbia v. New York, 291 U.S. 502, 543; 54 S.Ct. 505, (1934).
"The legislature…, shall have full power to make and establish all reasonable laws and regulation… not repugnant to this constitution nor to that of the United States." Maine Constitution Article IV, Part lll section 1 last sentence. http://www.maine.gov/legis/const/
The Maine Courts have declared marijuana laws are rational use of police power, a political question violating the 4th Amendment.
The Maine courts have declared marijuana laws are a legislative issue, a political question because no fundamental rights have been impinged, deprived by state police power by their enforcement. Marijuana is not a fundamental right. The court (2012)declared the possession of marijuana does not implicate any fundamental right.
Federal and state courts have consisitently ignored the claim the enforcement of the marijuana laws implicates the deprivation of privacy, liberty, and property secured against unreasonable government intrusion by the 4th Amendment.
In all my lawsuits I have never ask the courts to declare marijuana a fundamental right.
2006 Judge Crowley Order Doc. No. CV-06-707 http://Mainelaw.maine.edu/library/SuperiorCourt/decisions/CUMcv-06-707.pdf
2003 Judge Hornsby US District Court District of Maine, Doc. is Misc. No.
It is not about the federal classification of marijuana as a controlled substance. It is about criminalizing marijuana and the operation and effect of police power that seizes your person and marijuana and deprives your fundamental rights to liberty and property without a compelling state interest, without due process of law. There was no victim of a crime. Police are not protecting public safety. The laws are arbitrarily enforced which demonstrates criminalizing marijuana is unreasonable, unconstitutional violating the 4th 5th, and 14th Amendments.
The role of the judiciary is to defend fundamental rights secured by the Constitution. They can’t defend life, liberty, and property unless a claim of injury has been presented for adjudication. Being arrested for violating the marijuana laws a person has had standing and the right to ask why criminalizing marijuana is reasonable and necessary.
You do not have to be a lawyer to learn and understand what our rights are and how they are protected by the Fourth, Fifth, and Fourteenth Amendments against unreasonable government intrusion and how those individual rights are betrayed by those of the judiciary who take an oath to protect them. http://www.courts.maine.gov/index.shtml
The judiciary demeans these Amendments. Lawyers will say the 4th means it is reasonable to seize your person because marijuana is illegal. Due process of the 5th and 14th means only the prosecution of the law. You have your day in court is due process.
DEFENDANTS should PLEAD not guilty, go to trial, make a motion to dismiss on the grounds that you have been deprived of your fundamental rights to liberty and property without a compelling state interest, without due process of law. The use of police power in the enforcement of the marijuana laws is unreasonable and unconstitutional. And see what the judge will do. Some where a judge will recognize some one as a person. But defendants have to bring it to attention of the court.
The courts under the color of law in my lawsuits declared marijuana laws are a political question. Voting to change the marijuana laws, to be secure against unreasonable police power, makes pot users non persons.
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At the United Nations opening session of the General Assembly in NYC September 24, 2013, Preaident Obama was there and a lot of police.
White House 2012
War on Drugs
America's third civil war over property rights.
Slavery, Alcohol, Drugs
OUR RIGHTS THEIR BETRAYAL
The war on drugs is rule without law.
War on Drugs Rule Without law
Police power is either reasonable of unreasonable.
Police power is to protect the rights of others.
Red Mass DC
Un Reasonable Seize Marijuana-------------- Our Rights Their Betrayal