Arkansas Father Unlawfully Convicted For Decades, Illegally Confined Seeks Justice

Arkansas Father Unlawfully Convicted For Decades, Illegally Confined Seeks Justice

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Skyla Pawnell started this petition to Justice Department Of Arkansas

 

Imagine being emotionally kidnapped, beat and broken. Then leaving scars on the hearts and minds of the ones that love and adore you and depend on you the most. Have you ever had a child crying for you? Only to want a hug, guidance or simply to look you in the eyes and say "I love you".                  Do you know how it feels to not be able to kiss your mother one last time, before giving her her last rose before placing her in the ground.


     Do

 you know how it feels to carry around a broken heart cuz you're buried alive and so far away and lonely to the extent that it feels like it's raining. An, The sun never even wants to come out and play. My beloved readers, the illegal confinement of the system has torn my soul away.....


    Greetings My Beloved Reader's,                                


 I would like to expose the ,(illegal Confinement )that the courts of Fort Smith Arkansas have caused and educate the public on a realistic civil rights and obligated Constitution duty that's been unfairly enforced by the judicial committee of Fort Smith,  Arkansas. 


                                                                                                                                                                                                                     I asked that after you read my post that you sign my petition and share my story because it's wrong to take a father away from his family illegally and ignore the wrong that's been enforced by law enforcement.


   However, I am currently serving a lengthy sentence of (122yrs) on one gram drug charges. Yes, The sentences are excessive but not only that, the sentences are completely "illegal" why you may be wondering now.....


   In Fact, I was arrested, and taken into custody without a warrant for my arrest.


    


   "The Law States","The vast majority of arrested for felonies'', however, are without first seeking a warrant,(Yale kamisar, et. al. Modern criminal procedures 10) (13th edition 2012) In Gerstein, this Court held that though "a policeman's on-the-scene assessment of probable cause provides legal justification for arresting a person suspect of a crime and for a brief period of detention to take the administrative steps incidents to arrest."420 U.S. at 113-114, the fourth amendment requires "a fair and  reliable determination of probable cause as a condition for any significant pretrial restraint of Liberty, "one that must be made by a judicial officer either before or promptly after arrest.," id. at 125)see also,  County of Riverside V. Mclaughlin, 500 U.S. 44,55-57(1991)( the Gerstien determination must generally be made within 48 hours of the defendant's arrest.)


   What this means, police can arrest a person without a warrant but they have (48) hours after you are in the police station to go in front of some judge, and swear in some written evidence that the judge can rely on, to have the court clerk issue a warrant for the person, the police has in the police station.


   Now, If the police fails to submit an "Affidavit of Probable Cause Determination", which is the written evidence, to the prosecutor, whom in return duty is to take the information to the judge, for his approval.


    The person arrested, is now arrested in violation of "The binding contract" of the United States Constitution, Fourth amendment, 14th amendment and the "Supremacy Clause" of article (6) which, is the agreement that all law enforcement take pledging that they'll do anything within the boundaries of the Constitution.


   Again, In the same landmark case, of Gerstein the justice of peace (Magistrate, Judge) would 'examine' the prisoner and the witness to determine whether there was reason to believe the prisoner had committed a crime. If there was, the suspect would be committed to jail or bail pending trial. If not, he would be discharged from custody. (1 M. Hale, supra, at 583-586; 2 W. Hawkins, supra, at 116-119; 1 J. Stephen, History of the Criminal of England 233)(1883).


   Which means, If the court fails to complete this process, any further confinement would be illegal. The person should be allowed to go free. 


   When the courts have failed to complete the administrative process to invoke any jurisdiction (authority), to start a criminal proceeding or any Court proceeding, it has no power to enforce any sentence at all, because the sentence would be considered void.


   The illegal proceedings as described  above that have been committed to me, Sharvelt Mister. In return, it has caused the detourmet of my complete life. I have attempted to bring this to the courts of Fort Smith, Arkansas attention by myself for quite a while now. The Arkansas court of Fort Smith has been systematically denying me everytime, by finding ways of either filing my petitions late or just denying me without a valid reason.


However,My family is a minority group of lovable people, Who must support the children and take care of home. Before, attempting to pull the little 

income that's coming in together, to hire an attorney to protect my "Civil Rights"unfortunately....


   As the late great, Honorable," Mr. Johnny Cochran" once stated, "If allowed to practice criminal law in the "State of Arkansas", he could free 90% of Arkansas inmates on constitutional violations alone.    


    (Question)If this statement was made in the mid-90s why is (2021) and the "State of                                Arkansas" still engaging in the same corrupt legal practices?...


   The "Bill of Rights" guarantees to every citizen  born in the United States that the government  would not use its powers in certain ways. In which, are the 1st to the 10th amendment of the Constitution of the United States.


   From the introduction of the Fourth amendment, which, in this instant case, is the particular part of the "Bill of Rights" that's in violation.

   States:

"The power to cause an arrest Sept 8 1818, 1 Op. Gen. 229 quotes "The president has no authority to cause an arrest to be made except probable cause supported by oath or affirmation." 1818,1 Op. Gen.229


   Now, What this means, Not even the "President" has no power to keep someone seized or incarcerated without the approval of a judge.

   In conclusion,


I asked that you review the document material evidence attached to the profile photos of me and my wonderful children. One, is the invoice from the circuit Court clerk stating, no warrant was issued. And the second exhibit is the document from the court clerk Stating, there are no affidavits probable cause determination that appears nowhere in the record.

Meaning "no" judge approved and gave the clerk the okay to issue a warrant to legalize the continuous arrest or seizure.

Therefore, My dear reader, Again imagine, How would you feel knowing you're illegally fine for (122yrs.) on a 1 gram drug charge? Your family is passing away and your children are getting lost in a world without your guidance, touch or support.

Is this how we better a community or is this how we allow the Injustice of the criminal Justice system to break a generation down for the worst?

When we should be working together to create a better tomorrow.

Ask yourself, could you watch your brother, father, son, nephew or friend do a life sentence in numbers just for trying to support his family at a young age, growing up in a low income community?

My readers and friends,fdd I thank you and my most humblest voice for your time, patience for reviewing and reading my petition in my fight for justice.

I asked, if you believe the issue should be addressed by the Justice department or the President. Please electronically sign my petition…

I pray you have a beautiful and blessed day....


Sincerely, Sharvelt Mister

 

 

 


                         

 

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