Friday, December 17, 2010

6th Amendment Right to Confrom your accusers

Petitioner denied 6th Amendment Right to confront her accusers or to be confronted with the witnesses against her;
Crawford v. Washington: Eliminates a loophole policy, which violated the constitutional protections of the accused. Generally, Crawford bars the admission of testimonial hearsay statements against an accused unless the declarant is unavailable to appear at trial and the defendant had a prior opportunity to cross-examine the witness. The Administrative Court did not adequately consider the Petitioners constitutional right to confrontation.
Petitioner Ms. Bruns name has been improperly added to the registry section 722.627(3) “if the investigation of a report fails to disclose evidence of abuse or neglect the information identifying the subject of the report shall be expunged from the central registry.” Pursuant to MCL 722.627 further provides that “[a] person who is the subject of a report of record….may request the department to expunge from the central registry a report or record in which no relevant and accurate evidence of abuse or neglect is found to exist.”
Pursuant to MCL 722.627 (5) & (6) Petitioner Ms. Bruns is the subject of a report or record made under this act and therefore may request the department to expunge an inaccurate report or record from the central registry and local office file which has been repeatedly denied July 21, 2010.
Pursuant to Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th Cir1990), "Pleadings in this case are being filed by Petitioner In Propria Persona, wherein pleadings are to be considered without regard to technicalities. Propria pleadings are not to be held to the same high standards of perfection as practicing lawyers”. also See Hulsey v. Ownes 63 F3d 354 (5th Cir 1995). also See In Re: HALL v. BELLMON 935 F.2d 1106 (10th Cir. 1991) " however in artfully pleaded, the pro se complaint, we hold to less stringent standards than formal pleadings drafted by lawyers, it appears "beyond doubt that the plaintiff can prove no set of facts in support of her claim which would entitle him to relief."

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