ChaCha
New Member
- Joined
- Jun 18, 2005
- Messages
- 455
- Reaction score
- 161
Wasn't using the badge a breach of his oath of office?
Wasn't Nodine impersonating an officer - a Class C misdemeanor. (By flashing his badge)
NODINE also installed a portable Sho-Me emergency strobe light kit for the dashboard. A work order for installation of the equipment at a cost of a couple of hundred dollars was issued along with the maintenance and a tire repair. His county-issued Ford F-150 was in the garage for servicing and tire repairs after a misadventure in New Orleans.
ALA CODE § 13A-10-10 : Alabama Code - Section 13A-10-10: IMPERSONATING PUBLIC SERVANT (a) A person commits the crime of impersonating a public servant if he falsely pretends to be a public servant and does any act in that capacity. (b) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist. (c) Impersonating a public servant is a Class C misdemeanor. (Acts 1977, No. 607, p. 812, §4545.)
Wasn't Nodine obstructing justice by means of independent, unlawful interference and intimidation, i.e., NODINE did intentionally obstruct, impair and hinder the fair and just administration of law by denying complainant due process and equal protection of the law through the use of intimidation and threats of violence.
Ala. Stat. § 13A-10-2. Obstructing Governmental Operations. (a) A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he: (1) Intentionally obstructs, impairs or hinders the administration of law or other governmental function. (c) Obstructing governmental operations is a Class A misdemeanor. Alabama Constitution (1901), Article I, Section 6, Article I, Section 13; U.S. Constitution, Fifth Amendment, Fourteenth Amendment; Alabama Canons of Judicial Ethics, Canon 3(A)(1), Canon 3(A)(4)
Didn't Nodine violate his duty to support the U.S. and Alabama Constitutions by denying complainants unalienable rights to fundamental fairness? Fifth Amendment; Fourteenth Amendment; Alabama Constitution (1901), Article I, Section 6; Alabama Canons of Judicial Ethics, Canon 3(C)(1), (a)
Ala. Stat. § 13A-10-124. Tampering with a witness. (a) A person commits the crime of tampering with a witness if he attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to: (2) Absent himself from any official proceeding to which he has been legally summoned. (b) Tampering with a witness is a Class B misdemeanor.
Ala. Stat. § 13A-10-123. Intimidating a Witness. (a) A person commits the crime of intimidating a witness if he attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to: (2) Induce that person to avoid legal process summoning him to testify; or (3) Induce that person to absent himself from an official proceeding to which he has been legally summoned. (c) Intimidating a witness is a Class C felony.
Wasn't he violating Angel's Sixth Amendment rights and AL Constitution (1901) Article I, Section 6 & 7? As well as the other people he intimidated?
U. S. Constitution, Sixth Amendment. And NODINE failed to inform complainant of any law allegedly violated and the source of authority thereof, and the nature and cause of the accusation, in violation of
Alabama Constitution (1901), Article I, Section 6, Article I, Section 7
U. S. Constitution, Sixth Amendment
Failed to determine if complainant had received a copy of the charges against him as required by law, or if he had read said charges, or if he understood said charges in the absence of counsel, in-violation of
Alabama Rules of Criminal Procedure, Rule 14.2(a)(2)
Federal Laws
18 U.S.C. § 242. Deprivation of rights under color of law.
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State. . . to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. . . shall be fined under this title or imprisoned not more than one year, or both. . .
42 U.S.C. § 1983. Civil action for deprivation of rights.
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State. . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . .
Wasn't Nodine impersonating an officer - a Class C misdemeanor. (By flashing his badge)
NODINE also installed a portable Sho-Me emergency strobe light kit for the dashboard. A work order for installation of the equipment at a cost of a couple of hundred dollars was issued along with the maintenance and a tire repair. His county-issued Ford F-150 was in the garage for servicing and tire repairs after a misadventure in New Orleans.
ALA CODE § 13A-10-10 : Alabama Code - Section 13A-10-10: IMPERSONATING PUBLIC SERVANT (a) A person commits the crime of impersonating a public servant if he falsely pretends to be a public servant and does any act in that capacity. (b) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist. (c) Impersonating a public servant is a Class C misdemeanor. (Acts 1977, No. 607, p. 812, §4545.)
Wasn't Nodine obstructing justice by means of independent, unlawful interference and intimidation, i.e., NODINE did intentionally obstruct, impair and hinder the fair and just administration of law by denying complainant due process and equal protection of the law through the use of intimidation and threats of violence.
Ala. Stat. § 13A-10-2. Obstructing Governmental Operations. (a) A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he: (1) Intentionally obstructs, impairs or hinders the administration of law or other governmental function. (c) Obstructing governmental operations is a Class A misdemeanor. Alabama Constitution (1901), Article I, Section 6, Article I, Section 13; U.S. Constitution, Fifth Amendment, Fourteenth Amendment; Alabama Canons of Judicial Ethics, Canon 3(A)(1), Canon 3(A)(4)
Didn't Nodine violate his duty to support the U.S. and Alabama Constitutions by denying complainants unalienable rights to fundamental fairness? Fifth Amendment; Fourteenth Amendment; Alabama Constitution (1901), Article I, Section 6; Alabama Canons of Judicial Ethics, Canon 3(C)(1), (a)
Ala. Stat. § 13A-10-124. Tampering with a witness. (a) A person commits the crime of tampering with a witness if he attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to: (2) Absent himself from any official proceeding to which he has been legally summoned. (b) Tampering with a witness is a Class B misdemeanor.
Ala. Stat. § 13A-10-123. Intimidating a Witness. (a) A person commits the crime of intimidating a witness if he attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to: (2) Induce that person to avoid legal process summoning him to testify; or (3) Induce that person to absent himself from an official proceeding to which he has been legally summoned. (c) Intimidating a witness is a Class C felony.
Wasn't he violating Angel's Sixth Amendment rights and AL Constitution (1901) Article I, Section 6 & 7? As well as the other people he intimidated?
U. S. Constitution, Sixth Amendment. And NODINE failed to inform complainant of any law allegedly violated and the source of authority thereof, and the nature and cause of the accusation, in violation of
Alabama Constitution (1901), Article I, Section 6, Article I, Section 7
U. S. Constitution, Sixth Amendment
Failed to determine if complainant had received a copy of the charges against him as required by law, or if he had read said charges, or if he understood said charges in the absence of counsel, in-violation of
Alabama Rules of Criminal Procedure, Rule 14.2(a)(2)
Federal Laws
18 U.S.C. § 242. Deprivation of rights under color of law.
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State. . . to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. . . shall be fined under this title or imprisoned not more than one year, or both. . .
42 U.S.C. § 1983. Civil action for deprivation of rights.
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State. . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . .
