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The Issue

(1) Hello everyone. As you know I am claiming actual innocence of the charges I have been convicted of and that the conviction came from prosecutorial misconduct and fabricated evidence and that all three cases against me when I went to trap were all three frivolously initiated against me. On appeal I caught the first two attorneys misstating law to me, which is a clear violation of my right to effective assistance of counsel, and also causes them to become liable in a legal malpractice suit that I'm definitely working on. The third attorney on my appeal was forced upon me by the appellate court and she had all the information needed, even the fabricated evidence and the forced self representation claim, that she failed to address and sh only attacked the sentencing phase of the trial. She claimed that because the state used an out of state felony from 2005 of grand larceny that changed the monetary amount in 2010 from 1,000 to 2,000 or more dollars with an amendment to the law. When the COA heard this they affirmed the sentence saying that because the classification of grand larceny wasn't changed, that it still constituted a predicate felony for habitual felon purposes. I'm going to provide a couple of definitions here of a couple of terms and this is as far as I am able yo go because of the limited, inadequate law library that the state of North Carolina is providing me. I've complained to the legislatures about the library's inadequacies and they even sent me missing (2) documents from this inadequate west law library. You can look my case on appeal up with the following cite. State v. Hefner, 888 S.E. 2d 699, of where the affirmed my conviction and nothing was even addressed pertaining to the actual guilt innocent phase of the trial where fabricated evidence was surprised, where I was forced to represent myself by making a coerced and even stated in open court I felt forced at the decision. Either way, the state used a South Carolina conviction from 2005 to constitute one of the three felonies they used to habitual status my sentence. The attorney argued because of the change in the amount of money from 1000 dollars to 2000 dollars that the classification of my prior offense changed from a felony to a misdemeanor.  And if you read my appeal I've, they used a case named state v. Brown, 402 s.c. 119 saying the saving clause made it to where the prior adjudication of the crime wasn't affected and that the classification of grand larceny as a felony didn't change. Okay, of course grand larceny classification wouldn't change from a felony or a misdemeanor, I understand that, however the criteria that causes the charge to be a felony or misdemeanor did change, and that should have invalidated the use of the charge from constituting a predicate felony, because the actual criteria is what chases the action to be a felony or misdemeanor. And if the actions that caused the crime to be a felony in 2005, changed in 2010 to cause those same actions (3) to be a misdemeanor, there should be something that precludes the conviction from 2005 to be used in 2018 if the law changed in 2010 pertaining to that conviction. This is as far as I've been able to get with what limited resources I am provided. I believe this is a conflict of laws with two jurisdictions being involved. And I need help. I'm being prevented from having access to the proper research material and the State is controlling this, providing me with attorneys, making it seem like they are working diligently on my case when they aren't. However, I believe also, as Tanawah Downing says, that they never had jurisdiction in the first place because of the circumstances surrounding a bondsman apprehending me illegally after her right to do so had expired, and they, the State, are doing everything they can to cover this up by all means. They even fabricated bond paperwork that added a file number that was never presented to the grand jury because they wrongfully indicted me as an habitual felon to an indictment that was returned a NO BILL and in North Carolina that is legally impossible. So, even though I am trapped in this loop of falsity, I still believe that I could raise sound and proficiently argue the issues I see, if I had the proper means to research the legal standards and doctrines. So, based on the sentencing of me as an habitual felon, I believe the appellate court has failed to fairly provide me with a sound unbiased appeal because of a couple laws that (4) they failed to apply in determining the classification of grand larceny as a felony. Help me here please. Those of you that are knowledgeable in law, help me to see where I am in error and where I am correct.  Help me to perfect my argument, if you will. 

Conflict-of-laws. The classification, qualifications, and interpretation of laws that apply to the case. "In a conflict-of-laws situation, a court must determine at the outset whether the problem presented to it for solution relates to torts, contracts, property, or some other field, or to a matter of substance or procedure, in order to refer to the appropriate law. In other words, the court must initially, whether consciously or not, go through the process of determining the nature of the problem; otherwise, the court will not know the Choice-of-law rule to apply. This process is generally called 'characterization', and sometimes 'classification', 'qualification', or 'interpretation'. 16 Am. Jur. 2d conflict of laws § 3, at 12(1998) 
      
       If you read my case on appeal, what law did the court chose to use? What choice-of-law rule did they determine should have been used. I believe they didn't know and ad hoced the manipulation of the law. Either way, allow me to continue with where this led me. 

Conflict-of-laws rules. (1917) the legal principles relied upon to determine preliminary issues of applicable law where more than one jurisdiction is involved in a dispute. (5) [in my case two jurisdictions were definitely involved because of an out of state felony being used as a predicate felony for habitual felon purposes in North Carolina]. •Specifically, a court seeking to reconcile the varying principles of different legal systems MUST (1) determine that it has jurisdiction over the matter, [they didn't do this because jurisdiction was not divested from the trial court because they never had it] (2) apply either its own jurisdictions rules or those of another legal system involved in the litigation, and (3) decide whether any foreign judgment already issued is to be followed. " this is where I'm stuck because of lack of research means and deliberate deprivation of my first Amendment right by the State to seek remedy through the courts. First and foremost the appellate court never had jurisdiction, so they didn't do what they must do in step one above, and therefore didn't conduct steps two or three either. Hoping I would lay down and accept this. Someone please help me, I am in fear of losing my life because of what is clearly being done here while they continue to mentally torment me in hopes that I leave this alone. Please, I know they will owe me when this is over so much compensation that if someone actually jumped on this to assist me I would definitely make it worth your time and effort. We are talking anywhere between 12- 27 million. Before any punitive dames are awarded, so please understand I will help you retire if you assist me 
(6) in bringing the corrupted nature of those in North Carolina to the proper forum so I am able to acquire relief from what is bing done. I also have a civil case against the same officers involved in this case for clearly planting evidence on me in a prior case in the Asheville division of the district federal courts. Hefner v. Jones, if you can find it I've defeated their first summary judgement and am confident the next step is a jury trial or some type of settlement procedure that I haven't read as of yet. The legal field is one of a very complex and variety of rules and procedures that must be learned together to be able to be a proficient and sound attorney and I've learned so much, however I am older, 43, and should have done this when I was younger and maybe made a career of it, I didn't, and now I am burdened with forcing myself to learn the law because they aren't following it.  This is not right. I need help. And I will compensate you for it before everything is said and done. Again, look me up on the getting out app, Ricky Hefner and my opus is 0985586 I'm in North Carolina Franklin Correctional Center. Thanks for reading! 

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