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Never Been Done by Mark Anthony Given


          Ever tried. Ever failed. No matter. Try Again. 
Fail again. Fail better. -Samuel Beckett

               I READ One-hundred and twenty volumes of United States Supreme Court decisions while in federal prison because I thought it was the most efficient use of my time.  I was back on a parole violation for smoking pot and knew I had exactly fourteen months.  Got the job a Head Inmate Law Clerk right off the bus, put people in charge of everything and read this death penalty case where the lawyer was placed on the stand against a charge of Ineffective Assistance of Counsel.  He said under oath he had only read two (2) Supreme court cases while in law school.  I thought to my self:  If I read ten cases does that me make more knowledgeable of the law than a real lawyer?  You're damn right it does!
               I'LL BET YOU there are lawyers who have read ten (10) SCOTUS decisions but, how many have read a hundred cases?  How about One Hundred Volumes (100)? It's never been done.....until now... The following is a short description of the cases that blew my mind.
              REMEMBER them adjustable light poles with three or four lights on it? Major patent dispute. Intermittent Windshield Wipers? Twenty years of litigation... I spent weeks on Bartkus v Illinois alone. It was my first big important case and the complexity of Sovereignty, federalism. double jeopardy, prosecutorial misconduct, and Justice Black nearly walked off the bench like Justice Thomas did in Payne v. Tennessee (Victim Impact Statement), made me question early on if I had the Right Stuff i.e, Intelligence to complete this quest....
Bartkus v. Illinois, 359 U.S. 121 (1959) Petitioner was tried and acquitted in a Federal District Court for violation of 18 U.S.C. § 2113, which makes it a crime to rob a federally insured bank. On substantially the same evidence, he was later tried and convicted in an Illinois State Court for violation of an Illinois robbery statute.
1. The cooperation of federal law enforcement officers with Illinois officials did not violate the Double Jeopardy Clause of the Fifth Amendment.
2. The Fourteenth Amendment does not impliedly extend the first eight amendments to the States.
3. The Illinois prosecution for violation of its own penal law after a prior acquittal for a federal offense, on substantially the same evidence, did not violate the Due Process Clause of the Fourteenth Amendment.

To be continued.
2:29 PM 8/31/2017

Copyright 2015 by Mark Anthony Given
All Rights Reserved 28 USC 1746, Invoking 90 Stat. 2541 and Article 2(4) of the Berne Convention for the Protection of Literary and Artistic Works

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