FourthAmendment DueProcess CriminalProcedure HabeasCorpus Privacy
Is it not true that Arkansas state was not authorized to use the Confidential Informant (CI) Robert Sullivan a.k.a. Smokey G. in an undercover operation to make controlled buys? (Ground 11 of pg. 3 of Appendix C) (filed 11-03-2021). with ACC. Act. 378. Rule 5.7). Is it not true that if the CI was not authorized by that Statute / Rule nor a court, that his consent can neither be used to authorize State D.T.F. to Audio / Video or Wiretap? Is it not true that this State D.T.F. would have to submit an application for an order of surveillance to be consistent with the 4th Amendment to the U.S. Constitution and Title 111? That this action was not inline As defined on pg. 9 of Appendix C, would it be true that according to the A.C.A. 16-21-113 and Arkansas Constitution Amendment No.:21(I), the state prosecutor Mr. Baxter Sharp, being a deputy prosecutor ,v:would need to get authorization from the head prosecutor to be able to file the information in this case? As defined on pg. 3, Ground 12, without Mr. Sharp getting authorized, would this give the State Subject-matter of jurisdiction to pursue these charges? By the State not getting a valid warrant, being not supported by a notarized affidavit, nor a jurat to show proof of lawful process, nor bearing a Judge's signature, would this not violate the 4th, 5th and 14th Amendments of the U.S. Constitution as violations of the Due Process of Law? And violate the exclusionary rule? Would this not also amount to false imprisonment? Should Mr. McGoy's lawyer have raised these issues before advising Mr. McGoy to enter a Guilty Plea? evidence to have been gained illegally? Would this violate the Silver Platter Doctrine? Would this entire process then be the fruit of Should the lawyer, Mr. David Cannon, have ai®£fc@d Would this not cause all of the the poisonous tree? the Court of these issues and actions and filed a motion to suppress? Should the District Court judge not allow Mr. McGoy to fire this attorney? Should the Defective process of Appendix C, Memorandum of Law in support of 2255, pg. 1, Ground 1, not have been more respected, for dismissal and with the supporting cases, People of New York v. Macfarlane 130Mse 2d,70 494 N.Y.S. 2.D 826 (1985) have been great for subject-matter-of Jurisdiction and Hall v. State 326 Ark. 823, 318, 933,. S.W.2.d 363 (1996)? Is it not true that in this^ease, before the court accepted the Plea^of Guilty, that it had to pass the constitutional muster? With all of the corrupt processes at the State level and' the Illegally gained evidence, the Cl being used without proper authorization, the Deputy prosecutor notb eing authorized to file the information, the Audio / Video not meeting the requirements of Title 111 and the 4th Amendement of the U.S. Constitution, how could this case pass As defined in Appendix C, pg. 7 and 8, is it not true that the Courts are supposed to protect individuals from prosecutorial decisions that are based on unconstitutional motives or executed in bad faith
Is Arkansas state authorized to use a confidential informant in an undercover operation to make controlled buys?