5 years ago

1 Address of Petitioner: Scott P. Roeder C/O ... -

1 Address of Petitioner: Scott P. Roeder C/O ... -

12 "I've never seen

12 "I've never seen anyone lay himself out as much as Mr. Roeder did," Rudy said after the verdict, referring to his client's confessions. Such statements by appointed counsel, which I did not authorize, show a pattern of abuse, whereby appointed counsel feels at liberty to disparage me behind my back before the public, as if to justify my conviction in this fashion, both before and after trial. Such conduct is highly prejudicial and signals an effort by appointed counsel to deprive me of impartiality to maintain currency with the press, even at the expense of attorney-client privilege. It must be remembered that counsel represents me; he does not have the right to go off on the side and please the press by serving as an independent trial commentator at my expense. Combined with an undermining of impartiality by the judges in my case, my custodian, and the prosecution as set forth in Claims 1-4 above, such actions by counsel appointed for my defense serve as the straw that broke the camel's back when it comes to undermining my right to impartial treatment. It is therefore evident that my right to impartial proceedings under the Sixth Amendment and § 10 of the Kansas Bill of Rights has been irreparably violated. CLAIM 6 In addition to the cause presented in claims 1-5 above, there is cause for a writ of habeas corpus to free me on the basis of technicality: appointed counsel's deficiency prejudiced the defense in a manner so serious as to deprive me of a fair trial and likely acquittal, in violation of my Sixth Amendment right under the Constitution of the United States to the assistance of counsel and my Fourteenth Amendment right under the Constitution of the United States to the equal protection of the laws.

13 In the past, the U.S. Supreme Court has extended to the judiciary the right to lie, Stump v. Sparkman, 435 U.S. 349 (1978) (upholding judicial immunity for forced sterilization conducted under false pretense of appendectomy). The U.S. Supreme Court is presently considering extending to prosecutorial attorneys the right to lie as well. Pottawattamie County, Iowa, et al., Petitioners v. Curtis W. McGhee, Jr., et al., Supreme Court Docket No. 08-1065. The present claim deals with the question of whether it is also acceptable for defense attorneys to lie to indigent petitioners about their defense prospects to maintain their currency in court. The U.S. Supreme Court allows appointed counsel wide latitude to ignore matters of law or fact to preserve his or her "currency" with the Court by avoiding any issue "[t]he Supreme Court has signaled very clearly it doesn't want to deal with" or is "unwilling to deal with" (to quote attorney-general designate John Ashcroft, responding to Sen. Dianne Feinstein on his second day of confirmation testimony, Jan. 17, 2001.) In view of the Certiorari Act (43 Stat. 936), which authorized the U.S. Supreme Court to reject any petition despite its legal merit, attorneys such as Mr. Ashcroft have long viewed it as "a losing proposition" to do otherwise. Yet even if it is a losing proposition, it still does not give appointed counsel the right to lie to (or to humor) defendants about such matters; for the defendant has the right to present all matters of legal merit that are necessary to complete a competent defense. Our courts should not allow or encourage their bar members to do the court a favor by lying to clients and omitting issues of legal merit to maintain their "currency" with the court so they can succeed on other days, in other cases, and "on other issues," to again quote Mr. Ashcroft. In this country, rights, laws, and technicalities should apply to all of us great and small, without exception, and it should be the job of the attorney to go into court and make sure our judges are observing them, without exception, even if it means rubbing their faces in due process

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