I have a petition of a constitutional question before US District court in Arizona since April 3, 2009. This is regarding a Kastigar motion that my defense counsel failed to file during pretrial or trial proceedings in 1992 and the jury convicted me of money laundering. The government knowingly used previously immunized evidence in all including grand jury proceedings. This is clearly prohibited by Kastigar. I brought this issue back to court after 17 years of conviction when I discovered what defense counsel had failed to do. As a matter of a constituional right I am entitled to a Kastigar hearing where the government has the burden of proof that none of this immunized evidence was used in any matter. When motion filed in 2009 the Judge requested that the government answer to the motion and they answered end of April 2009. 2 months ago sent the motion of status but no answer yet. What should be my next step or options as I may have an illegal indictment with all proceedings and the conviction illegal? Appreciate any insight you may provide.
Daniel A Morales
1 Answer from Attorneys
For illegal indictment sustained, and such of the conviction suffered by you, for that I can give you the general answer regards to fundamental right's of the constitution framed with rule of law applicability shall be amost same with the common wealth countries. Hence
you can choose the fundamental right of " right to protection for life, and personal liberty", under pricinciples of natural justice, fair play of your constitution , question due authority thro' human rights, and put a writ before your respective jurisdiction of state of Arizona, usa. and ask for the damages sustained by you for such an illegal convictions periods.
Kind Regards. Sanjay K. Dixit, Advocate,
Davangere - 577 002.