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PCR Exhibits - Alaska State of Corruption

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1. In chapter 8 <strong>of</strong> NC Defender Manual it states "The petition is the <strong>of</strong>ficial pleading in a juvenile<br />

case, and "like an indictment or warrant in a criminal case, confers jurisdiction on the court".<br />

2. Also, almost everywhere, it states "an indictment, fair upon its face, is sufficient to confer<br />

jurisdiction upon the court". How can an information, without any verification, written and not<br />

sworn to by the prosecutor, confer that same jurisdiction upon the court<br />

3. Justice Frankfurter's quote:<br />

The reason for this separation <strong>of</strong> functions was expressed by Mr. Justice Frankfurter in a similar<br />

context:<br />

"A democratic society, in which respect for the dignity <strong>of</strong> all men is central, naturally guards<br />

against the misuse <strong>of</strong> the law enforcement process. Zeal in tracking down crime is not in itself an<br />

assurance <strong>of</strong> soberness <strong>of</strong> judgment. Disinterestedness in law enforcement does not alone prevent<br />

disregard <strong>of</strong> cherished liberties. Experience has therefore counseled that safeguards must be<br />

provided against the dangers <strong>of</strong> the overzealous as well as the despotic. The awful instruments <strong>of</strong><br />

the criminal law cannot be entrusted to a single functionary. The complicated process <strong>of</strong> criminal<br />

justice is therefore divided into different parts, responsibility for which is separately vested in the<br />

various participants upon whom the criminal law relies for its vindication." McNabb v. United<br />

<strong>State</strong>s, 318 U.S. 332, 343 (1943).<br />

4. Ex parte Flowers - #2. INDICTMENT AND INFORMATION — Preliminary Proceedings —<br />

Sufficiency <strong>of</strong> Affidavit. An information, based upon a sworn affidavit, or sworn testimony filed<br />

in the county court, charging the commission <strong>of</strong> a misdemeanor, is sufficient to give such court<br />

jurisdiction <strong>of</strong> the subject-matter <strong>of</strong> such charge.<br />

5. I also think it significant that leave <strong>of</strong> court is not needed in <strong>Alaska</strong> for an information to be<br />

filed. This shifts even greater responsibility tot he prosecutor to insure the information is<br />

sufficiently verified that jurisdiction will attach.<br />

6. Many states require leave <strong>of</strong> court before an information is filed and that the court must be<br />

satisfied there is probable cause before doing so. (see Albrecht v. United <strong>State</strong>s)<br />

http://caselaw.lp.findlaw.com/scripts/getcase.plcourt=US&vol=273&invol=1<br />

7. Did Leaders file the information under his "<strong>of</strong>ficial oath" which in some instances is sufficient<br />

to confer jurisdiction If he didn't we need to point this out!<br />

8. Also should we point out again the information uses much <strong>of</strong> my<br />

statement made in plea negotiations<br />

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