After a through review of the law, i can unequivically state that i have uncovered a most critical defect of form in the criminal process to ever have been revealed. Which i might add, will absolutely nullify ALL criminal judgments, guility pleas, multiple bills, remove parole and probation, and sentences. And what’s more, there is no prescription or limitation period.
1.
We’ve all been through it! In my case I was prosecuted like this: State of Louisiana v. Walter E. Johnson. THIS WASY IS ILLEGAL. You see, the prosecutor delibertly took advantage of the obscurity in Louisiana’s criminal code at. 381. Article 381 state’s, “a criminal prosecution is brought in the Name of the State in a court of criminal jurisdiction, for the prupose of bringing to punishment one who has violated a criminal law. The victim injured by the commission of an offense is not a party to the criminal prosection…. But look closely at criminal code art. 62, 62 states, “The District Attorney shall prosecute in the name of the state of louisiana.” With this additional element you wll get the sense that an individual” shall prosecute in the name of the state…! The district attorney is a human being, and his NAME must be shown i the caption of teh criminal suit. From Louisiana’s precedent in U.S. Union Bank, 1853, 8 La.Ann. 388, speaking of state governments – the use of the government’s name (state of louisiana), with all its privileges, in prosecuting individuals for the benefit of others, will not be tolerated.” Id. The state of louisiana is prohibited from utilizing its name in prosecuting an individual for the benefit of the victim of that crime. In the criminal complaint or indictment “it will always read, “(A) committed robbery of (B) by use of a gun.” Likewise, it will NEVER read “(A) committed a crime against Louisiana’s ecconmic interests.” No, it will never read that way, because it can’t. An individual in merely committing a crime against another, does not violate a state’s substantial interest. I’m not saying that an individual can’t be criminally sued by the District attorney’s name, in behalf of the state, you can – for committing a crime. What i am saying is, the name of the state – itself- alone without a human being’s name attached to it CAN’T. See State v. Time, Inc. 249 So2d 328 (La.App. 1st. Cir. 1972); see also, State Hightway and Public Works Commissioner v. Cobb, 215 N.C. 556, 2 S.E.2d 565 (1939). This whole thing is speaking to the proper party plaintiff, since we know that the state’s name alone – is not a proper party plaintiff and without a proper party employing a preemptory exception of No right of action and No cause of action showing the above, will absolutly void any criminal judgment.
Now a little about me. I was arrested just three months into my 18th birthday. Convicted of a rape i did not committ. On October 26, 1982, i and james was pulling broken pieces of glass from his window. there were two witness to this event. two days later, Dennette was raped. the window now had an extra print. blood droplets was discovered on a jagged pane. My blood was type “O” the blood on the pane was type “A”. Deputy Callihan and Dr. Hipolite Landry took blood, saliva, and hair samples from me. Callihan convinced Landry to get some ejaculate. Landry ordered his elderly nurse to masterbate me. After ejaculating in a pari dish, Callihan put this dish into his pocket.
At a hearing on this subject, seriologist Sherly Philips, testified that Callihan returned the crime scene bag, and sample bag, back to her with the seals broken. The first trial ended in 9 votes for notguilty, second trial 8 for notguilty,
the third trial 11 whites voted guilty. i was sentence to a mandatory life.
I am presently pending in the 19th judicial district court in case#C649-006 on the state name issue.
Walter Edward Johnson, Jr.
DOC #104558, Pine#4
La. State Penitentiary
Angola, La. 70712
