Injustice thrives upon indifference
DA 13-0632
This page is not to argue guilt or innocence. This page is published just to show the injustice and corruption that happens every day in the Montana Court System.
After reading this page and the blog you will wonder why Montana has any laws requiring you to be present at any point, or aspect of you own court proceedings. Laws can be changed and corrupt judges can be held accountable, but it is costly and we need your help. Please donate here GoFundMe
The judge showcased in this case breaks, or simply ignores almost every single State Statute concerning changes of pleas, accepting of guilty plea, plea agreement, acceptance of plea agreement, sentencing, right to present a defense, right to speak at sentencing, right of attorney to speak with defendant, due process and meaningful access to the courts.
Here are some of things the judge did:
1) He was never given the option or waiver of the constitutionally guaranteed right of a preliminary hearing or grand jury indictment
2) The day he plead guilty the judge did not even have a signed waiver of rights, or a signed plea agreement filed into court. This is admitted in open court by his lawyer.
3) The judge did not get a factual basis for his guilty plea.
4) The judge incorrectly used a defined designation ( habitual traffic offender ) out of context. This was used for justification of the maximum sentence.
5) The judge never allowed him to say something in his own defense. or to address the court before being sentenced to 10 years in prison.
6) The judge did not recite, as required by law, or he misapplied State statues and Constitutional Amendments.These are, but not limited to Amendments 5,6, 8 and 14 of the United States Constitution. Article 2, Section 17, Article 2 Section 24, of Montana's own Constitution. State Statutes 46-18-102, State statue 46-16-105, 46-18-115, 46-12-210, 46-12-211 (1), 46-12-211 (2), 46-12-214, 46-12-204, 46-12-212(1) and (2).
Here are his transcripts:
After all this happened and you want to appeal the obvious legal reversible errors and you have to use a Montana Appellate Defender (like Koan Mercer ). They will impede, block and lie to you almost every single step of the way. As you will see below.
Notice of Koan as Attorney
Letter from Koan
James response
James letter to Koan..June 17
Koan response July 18
He has a State appointed Appellate public defender, Koan Mercer (406-523-5148) and THIS DEFENDER REFUSES to bring any of this up on his appeal. His boss is Wade Zolynski and his phone number is (406-444-9505). You may want to also call about this case the Office of Disciplinary Council ,Mitchell Hill at (406-442-1648). Public Defender System central office is (406-496-6080)William Hook is reachable there.
If criminal acts are shown to have happened in your case, such as missing sentences or paragraphs from your transcripts, which by the way have been legally sworn to be 100% accurate. No criminal charges are brought forth on the people shown to have negatively transcribed your case and edited your transcripts. This particular defendant adamantly states that 5-6 minutes are missing from his transcripts. He will sign any affidavit, take the stand in any criminal court proceedings or take any lie detector test to prove he is stated the truth about his missing transcripts.
Petition to report Koan to Montana Bar Association will be filed
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