# Petition for Writ of Certiorari — Cuneo v. Pennsylvania

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition for Writ of Certiorari
- **Published:** January 1, 1999
- **Citation:** 528 U.S. 966

## Text

No.

IN THE
Supreme Court of the Hnited States
Albert E. Cuneo,
Petitioner,

vs.

The Commonwealth of Pennsylvania,
Respondent.

ON PETITION FOR WRIT OF CERTIORARI TO
THE SUPREME COURT OF PENNSYLVANIA

PETITION FOR WRIT OF CERTIORARI

Albert E. Cuneo
5245 Baptist Road
Pittsburgh, Pa 15236
(412) 886-1722

PRESENTATION OF QUESTIONS FOR REVIEW
1. Was the petitioner afforded due process or
compulsory process under the United States
Constitution in a criminal action, filed by a state in
connection with a motor vehicle law?

2. Did the petitioner receive appropriate
discharge of judicial claims as presented by law, for
services rendered under the laws of the state, or in
consequence of any act, law or treaty of the United
States as guaranteed by Article IV section 2
paragraph 3?

3. Were the petitioners rights properly
administered by the court of the state under Article
VII amendments IV, V, and VI of the Constitution
of the United States, summarizing rights of a
defendant on accusation in all criminal
prosecutions?

4. Was the petitioner subject to violations of
constitutional guarantees given under the
Constitution of the United States Article VII
amendments VIII, XIII and XIV?

D. Did the petitioner receive appropriate judicial
administration under the Constitution of
Pennsylvania as set forth in Article 1 through 27,
and Article 5 section 9?

6. Does a state in prosecuting and accused enter
a judicial proceeding on the basis of being similarly
situated with an accused in any prosecution
containing a series of charges or related events?

Cn a ee ee a

TABLE OF CONTENTS

Cover page

Questions for Review ..........2008- i.

Table of Contentea «wc cee eee il

Tables of Authorities .............. ili |
aes OF PUTAMEN NS eee cs 1. |
Constitutional and Statutory References -

Statement of the Case .............. 23.

Reasons for granting the writ ......... ai.

Cane i“ ttt 29.

pt ee re ere es WS 30.
AUG GB tsi‘é eiéC ee er 35.

US tC aa ee ee O77.

ii

TABLE OF AUTHORITIES
Federal Case References

Alexander vs. Whitman,
114 F.2d 1392, certiorari denied 118

S.Ct. 367, 189 L.Ed.2d 286 =... ....... 27

Aponte vs. Scully,
oS 27

Atwell vs. Blackburn,

800 F.2d, certiorari denied 107

S.Ct 13878, 480, U.S. 920, 94

Sa tit he wee we we ws 27

Associates General Contractors of

California, Inc., vs. City and County

of San Francisco

eee tt —“(—t*st ww ww ew ee 27.

Brandon vs. Dist. of Columbia Bd. of

Parole, 734 F.2d 56, 236 U.S. App D.C.

155 certiorari denied 105 S.Ct 811, 469

U.S. 1127, 83 L.Ed.2d 804 on remand 631
F.Supp 435 affirmed 823 F.2d 644 262 U.S.
aan 060C—C—tC—“—~SC*C*~S we wee wee <2

Collins vs. Kidd,
D.C. Tex., 38 F.Supp. 634, 687 ......... 27.

TABLE OF AUTHORITIES
Federal Case References

Dudosh vs. Warg,

668 F.Supp. 944 vacated 853 F.2d
917 certiorari denied 109 S.Ct 367,

102 L.Ed.2d 356

Erret vs. Commonwealth of Pa
713 F.Supp 837

Goshtasby vs. Bd. of Trustees
for the University of Illinois,
141 F.3d 761

Garrity vs. State of N.J.,
U.S.N.J., 385 U.S. 493, 87 S.Ct.
616, 618, 17 L.Ed.2d 562

Hoffman vs. U.S.,
767 F.2d 14381

Joyce vs. Mavromatis,
783 F.2d 56

Kaha vs. State of Minnesota,
580 F.Supp. 971

Keyes vs City of Albany, NY.
594 F.Supp. 1147

iv

TABLE OF AUTHORITIES
Federal Case References

McGhee vs. Sipes,
68 S.Ct 836, 334 U.S. 1, 92

L.Ed. 1611, 3 ALR.2d 441 ~=—........... 27.
People vs. Chambers,

56 Misc 2d 683,

289 NYS2d 804 j= ———— wcecvveee 28.

People vs. Liaetta,

30 NY2d 68, 330 NYS2d 351,

281 NE2d 157 1972, certiorari denied

407 US 973, 32 L.Ed.2d 809 S.Ct.

eS TS I Se viewer 28.

Reeder vs. Kansas City Bd. of

Police Commissioners

796 F.2d 1050, certiorari denied,

107 S.Ct 951, 479 US 1065,

uae.) =6——“‘“‘“<i‘<—<“‘C rh hh he wr Ss ae.

Rogers vs.Richmond,
365 U.S. 354, 81 S.Ct. 735,

Oia Fm aa wie eee ss 28.

Salahudin vs. Coughlin,
Re | ee 27.

Shelly vs. Kraemer,
68 S.Ct 836, 334 US 1

ee rs 27.

TABLE OF AUTHORITIES
Federal Case References

Sherman vs, United States
356 US 369, 383-884 .....see,

State vs. Fort,
197 N.J.Super. 113, 484 A.2d
a a

Stoneman vs. U.S.,
107 S.Ct. 668 479 U.S. 1017,
O93 LAEG.2d 720 qj. - + -__ «evvvvces

Transportation Corp. vs Holt,
845 F.Supp. 4638 = = ......e..

U.S. vs. Hughes,
964 F.2d 536, rehearing denied,

certiorari denied 113 S.Ct. 1254,
507 U.S. 909,122 L.Ed.2d 658 .........

U.S. vs. Humphreys,
982 F.2d 254, rehearing denied,

certiorari denied 114 S.Ct 61, 510

U.S. 814, 126 L.Ed.2d 31 denied post
conviction relief affirmed 89 F.3d 840
certiorari denied 117 S.Ct. 612,

186 L.Ed.2d 5387 | — ....scuee

U.S. vs. Moore,
115 F.3d 1348,
rehearing denied = 3 .........

TABLE OF AUTHORITIES
Federal Case References

U.S. vs. Nguyen,
88 F.3d 812, certiorari denied

117 S.Ct. 443. 186 L.Ed.2d 339......... 28.

U.S. vs. Perez,
574 F.Supp. 1429, affirmed ......... 28.

U.S. vs. Powell,
gg A Gre Sere ee 28.

U.S. vs. Smith,

789 F.2d 196, certiorari denied

107 S.Ct. 668, 479 U.S. 1017, 93

Manne (ee etewee se 28.

U.S. vs. Torres,

740 F.2d 122, certiorari denied

105 S.Ct. 2117, 471 U.S. 1055,

5 SSS ne Se wn es eee er 28.

U.S. vs. Walker,
1 F.3d 423, rehearing denied,
appeal afternewtrial ......... 28.

Wiggins vs. Procunier
., 3 & &. Gee 27

Vii

FEDERAL STATUTES AND
CONSTITUTIONAL REFERENCES

28 U.S.C section 1257(a) ......... 5;
ae Ce BE - Cn wee ees 1.
Us. Comet. Art. Tiel cc cescess 2
U.s. Comat. Art. Wi s2O j§§=..cccccccs , a
U.S. Const. Art. IVs.1 ......... 2.
U.S. Const. Art. IVs2 ......... z.
U.S. Const. Art. 1Vs.4 ......... 3.
U.S. Const. Art. VI[2] ......... 3.
U.S. Const. Art. VI] Am.1.......... 3.
U.S. Const. Art. VI]Am.2 ~=_............ 3.
U.S. Const. Art. VI]Am.4 —_............ 3.
U.S. Const. Art. VI]Am.5 3 .......... 4.
U.S. Const. Art. VITAm6 ......... 4,
U.S. Const. Art. VII Am.7 ~~ ........... 4,

Vili

FEDERAL STATUTES, RULES AND
CONSTITUTIONAL REFERENCES

U.S. Const. Art. VI]Am.8 ......... 5.
Us. Comet. At. VIE AMIE 9 ccc cwwoes 5.
U.S. Const. Art. VI]Am.13 _........... D.
U.S. Comet. Ast. Vil AMIE cc ce eces 5.
U.S. Const. Art. VII Am.14s.4 ......... 5.
U.S. Const. Art. VIE Am.15 =«s._ uc ee ween 6.
oe Re A y re re 23.
Model Penal Code s.212.56 ......... 23.
Model Penal Code s.223.4 ......... 23.
18 U.S.C. section 241 «lw ee we 6.
18 U.S.C. section 871 et seq. ......... 6.
18 U.S.C. section 1941/48 «san cre veces 6.
18 U.S.C. section 1512 0 lc ce es 6

18 U.S.C. section 15138 —= ......2e- 6.
18 U.S.C. section 1515 =... wee aeee 6.

FEDERAL STATUTES, RULES AND
CONSTITUTIONAL REFERENCES

18 U.S.C. section 1581 .........
18 U.S.C. section 1621 —.........
18 U.S.C. section 1622 .........
18 U.S.C. section 1623 X .........
18 U.S.C. section 1962 0 lw cece
29 U.S.C. section 206 si¥iaw iw we eee
42 U.S.C. 5.1983; 1985(2K3) ww ww we ee.
42 U.S.C. section 1994 —_...... «ses
CONGRESSIONAL ACTS

AND SITES OF CODIFICATION

Civil Rights Act j= —§ .useveeee

Employees Income Retirement Security Act
29 U.S.C. section 1001 et seq. .........

Equal Credit Opportunity Act
15 U.S.C. section 1691 et seq .........

Equal Access to Justice Act
42 U.S.C. section 1988 —.........

a

CONGRESSIONAL ACTS
AND SITES OF CODIFICATION

Declaratory Judgements Act
28 U.S.C. s. 2201 and 2202 —s(iyw. 1... A

Embezzlement Act
te Ue OGG =. ech eiwec cs -

Equal Employment Opportunicy Act
42 U.S.C. section 2000(e) ......... we

CONGRESSIONAL ACTS
AND SITES OF CODIFICATION

Internal Revenue Code
26 U.S.C. section 61(a) et seq. ......... 7.

Federal Tort Claims Act -
28 U.S.C. sections 1291, 1346, 1504, 2110, 2401,
2401, 2402, 2411, 2412, and 2671 to 268 7.

SUBORDINATE REFERENCES TO THE
CONSTITUTION OF PENNSYLVANIA

Pa Const. Art. 1 s.1

Pa Const.

Pa Const.

Pa Const.

Pa Const.

Pa Const.

Pa Const.

Pa Const.

Pa Const.

Pa Const.

Pa Const.

Pa Const.

Art.

Art.

Art.

Art.

Art.

Art.

Art.

Art.

Art.

Art.

1 s.6

1 s.8

1 s.9

1 s.10

Art. 9 sd

xii

PENNSYLVANIA
State Case References on Related Vehicle Matter

Com. Dept. of Trans eau 0 affic
Safety vs. Calloway, 482 A.2d 322
60 Pa Cmwlth.647,1981 ......... 28.

0 t. ans. Bureau of Driver
Licensing vs. Diamond, 616 A.2d
1105, 151 Pa. Cmwlth. 351, 1992,
appeal granted 631 A.2d 1011, 535
ee 28.

Com vs. Harvey,
Pa 9 D&C 4th 87,1990 —s._........... 28.

xiii

REFERENCES TO PENNSYLVANIA
CONSOLIDATED STATUTES
Corporations and Unincorporated Associations

15 Pa C.S.A.

15 Pa C.S.A.

15 Pa C.S.A.

15 Pa C.S.A.

15 Pa C.S.A.

15 Pa C.S.A.

15 Pa C.S.A.

15 Pa C.S.A.

15 Pa C.S.A.

15 Pa C.S.A.

s.110

s.132

s.1713

s.1767

s.1768

s.1981

s.1982

s.1984

s.1985

s.1986

eseaeece@es@geée#e@ees

REFERENCES TO PENNSYLVANIA

CONSOLIDATED STATUTES

Pennsylvania Criminal Code
18PaC.S.A.s109 ......... 12.
18PaCS.A.s110 | |... 12.
1PaCS.A.s111 ......... 12.
18PaCS.A.s112 | ......... 12.
18PaC.$.A.8s303 |... 12.
18PaCS.A.s306 |... 12.
18PaC.S$.A.s318 $j |...” 12.
18PaC.S.A.s9038 ......... 12.
18 PaC.S.A.s3901 ......... 12.
18 PaC.S.A.s39038 ......... 12.
18 PaC.S.A.s3921 |... 12.
18 PaC.S.A.s.3922 ....... 12.
18 PaC.S.A.s3928 |... 12.
18PaC.S.A.s3925 ......... 12.
18 PaC.S.A.s.3926 ......... 12.

REFERENCES TO PENNSYLVANIA

CONSOLIDATED STATUTES
Pennsylvania Criminal Code
PEC SA GG = 8° aveweusee 12.
WreCSA abi 8 8 §§=§=—=— ae eeweees 13.
So 7a USA. GP! oS 6 See 13.

REFERENCES TO PENNSYLVANIA

CONSOLIDATED STATUTES

Pennsylvania Domestic Code
seraCsA. 60) = 3 ewes eee 13.
ao PaCB.A.e3388 <cuvecess £3.
sereCSRA alee. - -sherieuae 13.
meTeGCSA. BAe) lll eee 13.
sePaeUCSaA. ame $ i= seasesces 13.
SereCRA. ce 8 ©. sé eneeians 13.
2oFPaC.S.A.83006 jg — = .sesccers 13.
2oPeC.S.A.0000) aasvesess 13.
SeraC SA. GaN - <seceeeees 13.

REFERENCES TO PENNSYLVANIA
CONSOLIDATED STATUTES

References to Domestic Code of Pennsylvania
a es 13.
ee 13.
a 13.
23 PaC.S.A.s4305 ~~ ........., 14.
23 Pa C.S.A. s.43806(aMb) = ......... 14.
oe 14.
PPPOC BA. G40IR ss nvevsvees 14.
23 Pa C.S.A. s.4863(aXb) ......... 14.
23 Pa C.S.A. s.4364(aXb) ......... 14.
23 PaC.S.A.8s4365 = ......... 14.
Pa R. Civ. P. 1910.16(12\3\4\5) (06a Oe
ke 14.

PENNSYLVANIA

Reference to Motor Vehicle Code by Citation
75 Pa C.S.A. section 3731 = ......... 14.
75 Pa C.S.A. section 1543(b) «ww. ws. 21.

xvii

1
OPINIONS BELOW

The decision of the state Supreme Court is
reported at No. 866 Western District Allocatur
Docket 1998. The decision of the court of appeals is
reported at No. 2429 Pittsburgh 1997. The decision
of the trial court is reported at No. CL 3920 Of 1997
Allegheny County. Site of Publication is unknown.

BASIS FOR JURISDICTION

The final judgement was entered in the form
of an order following petition by the Supreme Court
of Pennsylvania refusing to grant allocatur for
review. On June 4, 1999, the order was made part
of the record in this action. Understandably, this
Court has jurisdiction to review the order of the
state Supreme Court pursuant to 28 U.S.C. section
1257(a). Further provisions as set forth under U.S.C
section 2403(b) may be applicable as defined by
section 451. Certification status unknown.

CONSTITUTIONAL, STATUTORY, AND
REGULATORY PROVISIONS INVOLVED
FOLLOWING PREAMBLE:

United States Constitution, Article 1 section IX & X
No Bill of Attainder or ex post facto law shall
be passed. (at X) make any Thing but gold
and silver Coin a Tender in Payment of
Debts; pass any Bill of Attainder, ex post
facto Law, or Law impairing the Obligation of

2

Contracts, or grant any Title of Nobility.

United States Constitution, Article III, section 1
The judicial power of the United States, shall
be vested in one supreme Court, and in such
inferior courts as the Congress may from time
to time ordain and establish. The Judges,
both of the supreme and inferior Courts, shal]
hold their Offices during good Behaviour, and
shall, at stated Times, receive for their
Services a Compensation, which shall not be
diminished during their Continuance in
Office.

United States Constitution, Article III, section 2[3]
The trial of all Crimes, except in Cases of
Impeachment, shall be by Jury:

United States Constitution, Article IV, section 1
Full Faith and Credit shall be given in each
State to the Public Acts, Records, and judicial
proceedings of every other State. And the
Congress may by general Laws prescribe the
Manner in which such Acts, records or
Proceedings shall be proved, and the Effect
thereof.

United States Constitution, Article IV, section 2
The Citizens of each State shall be entitled to
all privileges and Immunities of Citizens in
the several States.

Unites States Constitution, Article IV, section 2[3]
No person held to Service or Labour in one
State, under the Laws thereof, escaping
into another, shall in Consequence of any
Law or Regulation therein, be discharged
from such Service of Labour, but shall be
delivered up on Claim of the Party to whom

3

such service or Labour may be due.

United States Constitution, Article IV, section 4
The United States shall guarantee to every
State in this Union a Republican Form of
Government, and shall protect each of them
against Invasion; and on application of the
Legislature, or of the Executive (when
Legislature cannot be convened) against
domestic violence.

United States Constitution, Article VI paragraph 2
This Constitution, and Laws of the United
States which shall be made in the Pursuance
thereof; and all Treaties made, or which shall
be made, under the Authority of the United
States, shall be the supreme Law of the Land;
and the Judges in every State shall be bound
thereby, any Thing in the Constitution or
Laws of any State to the contrary
notwithstanding.

United States Constitution, Article VII, Amend. I
Congress shall make no Law respecting the
establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the
people to peaceably assemble, and to petition
the Government for a redress or grievances.

United States Constitution, Article VII, Amend. II
A well regulated Militia, being necessary to
the security of a free State, the right of the
people to keep and bear Arms, shall not be
infringed.

United States Constitution, Article VII, Amend. IV
The right of the people to be secure in their
persons, houses, papers, and effects, against

OS ee me

4

unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or
affirmation, and particularly describing the
place to be searched, and persons or things to
be seized.

United States Constitution, Article VII, Amend. V
; nor shall any person be subject to the same
offence to be twice put in jeopardy of life or
limb; nor shall any person be compelled in
any criminal case to be a witness against
himself, nor be deprived of life, liberty or
property, without due process of Law; nor
shall private property be taken for public use,
without just compensation.

United States Constitution, Article VII, Amend. VI
In All criminal prosecutions, the accused shal]
enjoy the right to a speedy and public trial,
by an impartial jury of the State and district
wherein the crime shall have been committed,
which district shall have been previously
ascertained by law, and to be informed of the
nature and cause of accusation; to be
confronted with witnesses against him; to
have compulsory process for obtaining
witnesses in his favor, and to have the
Assistance of Counsel for his defence.

United States Constitution, Article VII, Amend. VII
In Suits at common law, where the value of
the controversy shall exceed twenty dollars,
the right to trial by jury shall be preserved,
and no fact tried by jury, shall be otherwise
re-examined in any Court of the United
States, than according to the rules of the

common law.

United States Constitution, Article VII, Amend. VIII
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel or unusual
punishment be inflicted.

United States Constitution, Article VII, Amend XI
The Judicial power of the United States shall
not be construed to extend to any suit in law
or equity, commenced or prosecuted against
one of the United States by Citizens of
another State, or by Citizens or Subjects of
any Foreign State.

United States Constitution, Article VII, Amend XIII
Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the
party shall have been duly convicted, shall
exist within the United States, or any place
subject to their jurisdiction.

United States Constitution, Article VII, Amend. XIV
All persons born or naturalized in the United
States, and subject to the jurisdiction thereof,
are citizens of the United States and the
State wherein they reside. No State shall
make or enforce any law which shall abridge
the privileges or immunities of citizens of the
United States; nor shall any State deprive
any person of life, liberty, or property,
without due process of law; nor deny to any
person within its jurisdiction the equal
protection of the laws.

United States Constitution, Article VII, Amend. XIV

section 4
The validity of the public debt of the United
States, as authorized by law, including debts

6

incurred for payment of pensions and
bounties for services in suppressing
insurrection or rebellion, shall not be
questioned.

United States Constitution, Article VII Amend. XV
The right of the citizens of the United
States to vote shall not be denied or abridged
by the United States or by any State on
account of race, color or previous condition of
servitude.

Criminal Code of the United States 18 U.S.C.

Section 1341: Fraudes and Swindles.

Section 1343: Fraud by Wire, Radio of Television.

Section 1512: Tampering with a witness, victim or

informant.

Section 1513: Retaliating against a witness, victim

or informant.

Section 1515: Definitions for certain provisions.

Section 1581: Peonage; obstructing enforcement.

Section 1621: Perjury.

Section 1622: Subornation of Perjury.

Section 1623: False declarations before grand jury

or court.

ACTS OF CONGRESS; PUBLIC LAWS
Civil Rights Act, R.S. s 1979; P.L. 96-170 s 1 Dec.
29, 1979, 93 Stat. 1284, codified at U.S.C. 18 section
241; U.S.C. 42 section 1983 and 1985(2\3); and
U.S.C 28 section 1343.

Civil Rights Act, U.S.C 42 section 1994.

Employees Retirement Income Security Act, P.L. 93-
406, 88 Stat. 829, codified at U.S.C 29 section 1001
et seq.

7
ACTS OF CONGRESS; PUBLIC LAWS

Equal Credit Opportunity Act, P.L. 93-495, 88 Stat.
1521, codified at U.S.C 15 section 1691 et seq.

Equal Access to Justice Act, P.L. 94-559 Stat. 2321,
codified at U.S.C. 42 section 1988(a).

Declaratory Judgements Act, codified at 28 U.S.C.
2201 and 2202.

Embezzlement Act, P.L. May 29, 1920, ¢ 212, 41
Stat. 630, codified at U.S.C. 18 section 645.

Equal Employment Opportunity Act, P.L. 88-352, 78
Stat. 241, codified at U.S.C. 42 section 2000e et seq.

Internal Revenue Code, codified at U.S.C. 26 section
61(a) et seq.

Federal Tort Claims Act, codified at 28 U.S.C.
sections 1291, 1346, 1402, 1504, 2110, 2401, 2402,
2411, 2412, 2671 through 2680.

Equal Pay Act, codified at 29 U.S.C. section 206.

Appropriate sections of the Federal Criminal Code
and all Federal Regulations are incorporated by
reference to Public Law, shall not be limited as cited
above.

ee

8

SUBORDINATE REFERENCES TO THE
CONSTITUTION OF PENNSYLVAN IA

itutio ) wealt lvania
/ Article 1 section 1; Inherent Rights of Mankind
All men are born equally free and
. independent, and have certain inherent and
. indefeasible rights, among which are those of
enjoying and defending life, liberty, of
acquiring, possessing and protecting property
and reputation, and of pursuing their own
happiness.
onstitutio the Commonwealth of Penns lvania
| Article 1 section 6; Trial by jury.
Trial by jury shall be as heretofore, and the
right thereof remain inviolate. The General
Assembly may provide, however, by law,
that a verdict may be rendered by not less
than five-sixths of the jury in any civil case.
Constitution of the Commonwealth of Penns lvania
Article 1 section 8: Security from searches and
seizures.
The people shall be secure in their
persons, houses, papers and Possessions from
unreasonable searches and Seizures, and no
warrant to search any place or to seize any
person or things shall issue without
describing them as nearly as may be, nor
without probable cause, supported by oath or
affirmation subscribed by the affiant.
Constitution of t ommonwealth of Pennsylvania
Article 1 section 9; Rights of accused in criminal]
prosecutions. In all criminal] prosecutions the
accused hath a right to be heard by himself

9

and his counsel, to demand the nature and
the cause of the accusation against him, to
meet witnesses face to face, and to have
compulsory process for obtaining witnesses in
his favor, and, in prosecutions by indictment
or information, a speedy and public trial by
an impartial jury of the vincage; he cannot be
compelled to give evidence against himself,
nor can he be deprived of his life, liberty or
property, unless by judgement of his peers or
the law of the land. The use of suppressed
voluntary admission or confession to impeach
the credibility of a person may be permitted
and shall not be construed as compelling a
person to give evidence against himself.
Constitution of the Commonwealth of Pennsylvania
Article 1 section 10; Initiation of criminal
proceedings; twice in jeopardy; eminent domain.
Except as hereinafter provided no person
shall, for any indictable offense, be proceeded
against criminally by information, except in
cases arising in the land or naval forces, or in
the militia, when in actual service, in time of
war or public danger, or by leave of the courts
of common pleas may, with the approval of
the supreme court, provide for the initiation
of criminal proceedings therein by
information filed in the manner provided by
law. No person shall, for the same offense, be
twice put in jeopardy of life or limb; nor shall
private property be taken or applied to public
use, without authority of law and without just
compensation being first made or secured.

iii alkali

10

Article 1 section 11; Courts to be open; suits against
the Commonwealth.
All courts shall be open; and every man for
an injury done him in his lands, goods, person
or reputation shall have remedy by due
course of law, and right and justice
administered without sale, denial or delay.
Suits may be brought against the
Commonwealth in such manner, in such
courts and in such cases as the Legislature
may by law direct.
Constitution of the Commonwealth of Pennsylvania
Article 1 section 13; Bail, fines and punishments
Constitution of the Commonwealth of Pennsylvania
Article 1 section 19; Attainder limited.
No attainder shall work corruption of blood,
nor except during the life of the offender,
forfeiture of his estate to the
Commonwealth.
Constitution of the Co wealth of Pennsylvania
Article 1 section 20; Right of Petition
The citizens have a right in a peaceable
manner to assemble together for their
common good, and to apply those invested
with the powers of government for redress of
grievances or other proper purposes, by
petition, address or remonstrance.
Constitution o we of Pennsylvania
Article 1 section 21; Right to Bear Arms.
The right of the citizens to bear arms
in defence of themselves and the state shall
not be questioned.

11

Constitution of the Commonwealth of Pennsylvania

Article 1 section 26; No discrimination by the

Commonwealth or its political subdivisions.
Neither the Commonwealth nor any political
subdivisions thereof shall deny to any person
the enjoyment of any civil right, nor
discriminate against any person in the
exercise of any civil right.

Constitution of the Commonwealth of Pennsylvania

Article 5 section 9; Right of Appeal.
There shall be a right of appeal in all cases to
a court of record from a court not of record;
there shall also be a right of appeal from a
court of record or from an administrative
agency to a court of record or to an appellate
court, the selection of such court to be as
provided by law; and there shall be other
such rights of appeal as provided by law.

SOBORDINATE REFERENCES TO SELECTED
ANNOTATED PENNSYLVANIA STATUTES

Corporations and Unincorporated Associations;
15 Pa.C.S.A. Section 110. Supplementary general

principles of law applicable;

Section 132: Functions of Department of State;
Section 1713: Personal liability of directors;
Section 1767: Appointment of custodian of
corporation on deadlock or other cause;

Section 1768: Voting trusts and other agreements
among shareholders;

Section 1981: Proceedings upon application of
shareholder or director;

Section 1982: Proceedings upon application of

12

creditors;

Section 1984: Appointment of receiver pendente lite
and other interim powers;

Section 1985: Liquidating receiver;

Section 1986: Qualifications of receivers.

Pennsylvania Criminal Code;

18 Pa C.S.A. section 109; When prosecution barred
by former prosecution for same offense.

18 Pa C.S.A. section 110; When prosecution barred
by former prosecution for different offense.

18 Pa C.S.A. section 111; When prosecution barred
by former prosecution in another jurisdiction.

18 Pa C.S.A. section 112; Former prosecution before
court lacking jurisdiction or when fraudulently
procured by the defendant.

18 Pa C.S.A. section 303; Casual relationship
between conduct and result.

18 Pa C.S.A. section 306; Liability for conduct of
another; complicity.

18 Pa C.S.A. section 313; Entrapment.

18 Pa C.S.A. section 903; Criminal conspiracy.

18 Pa C.S.A. section 3901; Definitions relating to
theft.

18 Pa C.S.A. section 3903; Grading of theft offenses.
18 Pa C.S.A. section Theft by unlawful taking or
disposition.

18 Pa C.S.A. section 3922; Theft by deception.

18 Pa C.S.A. section 3923; Theft by extortion.

18 Pa C.S.A. section 3925; Receiving stolen
property.

18 Pa C.S.A. section 3926; Theft of services.

18 Pa C.S.A. section 4501; Definitions for offenses
against public administration.

13

Pennsylvania Criminal Code;

18 Pa C.S.A. section 5301; Official oppression.

18 Pa C.S.A. section 5701; Definitions for offenses of
invasion of privacy.

Note: Other relationships to other laws or crimes
may be made by inference de facto, and therefore
these citations shall not be limited to exclude those
references which may be made under the plenary
powers of this Court on review of this matter.
Pennsylvania Domestic Code;

23 Pa C.S.A. section 3321; Hearing by master.

23 Pa C.S.A. Section 3323; Decree of court

1990, Dec. 19, P.L. 1240, No. 206, Section 2,
effective in 90 days.

23 Pa C.S.A. Section 3502; Equitable division of
marital property;

23 Pa C.S.A. section 3503; Effects of divorce on
property rights generally.

23 Pa C.S.A. section 3504; Disposition of property
after termination of marriage.

23 Pa C.S.A. section 3505(a)(bXc\d)(e); Disposition
of property to defeat obligations.

23 Pa C.S.A. section 3506; Statement of reasons for
distribution.

23 Pa C.S.A. section 3507; Division of entireties
property between divorced persons.

23 Pa C.S.A. section 3701; Alimony.

23 Pa C.S.A section 4102; Proceedings in case of
debts contracted for necessaries.

23 Pa C.S.A. section 4104; Right of married person
to separate earnings.

23 Pa C.S.A. section 4105; Loans between married

persons.
23 Pa C.S.A. section 43805; General administration

:
:
;
|

14

of support matters.

23 Pa C.S.A. section 4306(aXb); Duties of District
Attorney.

23 Pa C.S.A. section 4321; Liability for Support.
23 Pa C.S.A. section 4322; Support Guidelines.

23 Pa C.S.A. section 4363(a\(b); Trustee to
distribute proceeds of sale.

23 Pa C.S A. section 4364(a)(b); Credit to plaintiff
who purchases property.

23 Pa C.S.A section 4365; Rights of divorced person
in entireties property sold for support. See further,
Pa. R. Civ. P. 1910.16 (1-5)

42 Pa C.S.A. section 8321 et seq. (Tortfeasors
contribution Act).

Pennsylvania Motor Vehicle Code:

75 Pa C.S.A. section 3731; Driving under the

influence of alcohol or controlled substance.
(a) Offense defined.- A person shall not drive,
operate or be in actual physical control of the
movement of any motor vehicle: (1) while
under the influence of alcohol to a degree
which renders the person incapable of safe
driving; (2) while under the influence of a
controlled substance, as defined in the act of
April 14, 1972 (P.L. 233 No. 64) known as the

Controlled Substance, Drug, Device and
Cosmetic Act, to a degree which renders a
person capable of safe driving; (3) while under
the combined influence of alcohol and any
controlled substance to a degree which
renders the person capable of safe driving; (4)
while the amount of alcohol by weight in the
blood of the person is 0.10% or greater; or

15

(5) if the amount of alcohol by weight in the
blood of the person is 0.10% or greater at the
time of a chemical test of a sample of the
person's breath, blood or urine, which sample
is: (i) obtained three hours after the person
drove, operated or was in actual physical
control of the vehicle; or (ii) if the
circumstances of the incident prevent
collecting the sample within three hours,
obtained within a reasonable additional time
after the person drove, operated or was in
actual physical control of the vehicle. (a.1)
Defense.- It shall be a defense to a
prosecution under section (a)(5) if the person
proves by preponderance of evidence that the
person consumed alcohol after the last
instance in which he drove, operated or was
in actual physical control of the vehicle and
that the amount of alcohol by weight in his
blood would not have exceeded 0.10% at the
time of the test but for such consumption.
(b) Authorized use not a defense. (c) Certain
arrests authorized.- In addition to any other
powers of arrest, a police officer is hereby
authorized to arrest without a warrant any
person who the officer has probable cause to
believe has violated the provisions of this
section, regardless of whether the alleged
violation was committed in the presence of
such officer. This authority to arrest extends
to any hospital or other medical treatment
facility located beyond the territorial limits of
the police officer's political subdivision at
which the person to be arrested is found or

int i

16

was taken or removed to for purposes of
emergency treatment examination or
evaluation provided there is probable cause to
believe that the violation of this section
occurred within the police officer's political
subdivision. (d) Certain dispositions
prohibited.- The attorney for the
Commonwealth shall not submit a charge
brought under this section for Accelerated
Rehabilitative Disposition if: (1) the
defendant has been found guilty of or
accepted Accelerated Rehabilitative
Disposition of a charge brought under this
section within seven years of the date of the
current offense; (2) the defendant committed
any other act in connection with the present
offense, which in the judgement of the
attorney for the Commonwealth, constitutes a
violation of any of the specific offenses
enumerated within section 1542 (relating to
revocation of habitual offender's license); or
(3) an accident occurred in connection with
the events surrounding the current offense
and any person, other than the defendant,
was killed or seriously injured as a result of
the accident. (e) Penalty.- (1) Any person
violating any of the provisions of this section
is guilty of a misdemeanor of the second
degree, except that a person convicted of a
third or subsequent offense is guilty of a
misdemeanor of the first degree, and the
sentencing court shall order the person to pay
a fine of not less than $300.00 and serve a
minimum term of imprisonment of: (i) Not

17

less than 48 consecutive hours. (ii) Not less
than 80 days if the person previously
accepted Accelerated Rehabilitative
Disposition or any other form of preliminary
disposition, been convicted of, adjudicated
delinquent or granted a consent decree under
the Juvenile Act (42 Pa C.S. section 6301 et
seq.) based on an offense in this or other |
jurisdiction within the previous seven years. |
(iii) Not less than 90 days if the person has
twice previously if the person has twice
previously been convicted of, adjudicated
delinquent or granted a consent decree under
the Juvenile Act based on an offense under
this section or of an equivalent offense in this
or other jurisdictions within the previous
seven years. (2) Acceptance of Accelerated
Rehabilitative Disposition, an adjudication of
delinquency or a consent decree under the
Juvenile Act or any other form of preliminary
disposition of any charge brought under this
section shall be considered a first conviction
for the purpose of computing whether a
subsequent conviction of a violation of this
section shall be considered a second, third,
fourth or subsequent conviction. (3) The
sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing
shall not supersede the mandatory penalties
of this section (4) The Commonwealth has the
right to appeal directly to the Superior Court
any order of court which imposes a sentence
for violation of this section which does not
meet the requirements of this section. The

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Superior Court shall remand the case to the
sentencing court for imposition of a sentence
in accordance with the provisions of this
section. (5) Notwithstanding the provision for
direct appeal to the Superior Court, if, in a
city of the first class, a person appeals from a
judgement of sentence under this section from
a municipal court to the common pleas court
for trial de novo, the Commonwealth shall
have the right to appeal directly to the
Superior Court from the order of the common
pleas court if the sentence imposed is in
violation of this section. If, in a city of the
first class, a person appeals to the court of
common pleas after conviction of a violation
of this section in a municipal court and
thereafter withdraws his appeal to common
pleas court, thereby reinstating the
judgement of sentence of the municipal court,
the Commonwealth shall have 30 days from
the date of withdrawal to appeal to the
Superior Court if the sentence is in violation
of this section. (6) Any person who accepts
Accelerated Rehabilitative Disposition of any
charge brought under this section shall accept
as conditions the imposition of any the judge
shall impose in addition to any other
conditions all of the following: (i) A fee to
cover the costs referred to in section 1548(e)
(relating to costs). (ii) A mandatory
suspension of operating privilege for a period
of not less than one month but not more than
12 months. (iii) A condition that the
defendant, as a condition to entering the

19

program, make restitution to any person who
incurred determinable financial loss as a
result of the defendant's actions which
resulted in a charge of violating this section.
(iv) Court supervision for any defendant
required to make restitution or submit to
counseling or treatment.

(v) Court supervision for a period of not less
than 6 months when the Court Reporting
Network indicates that counseling or
treatment is not necessary and not less than
12 months when the Court Reporting
Network indicates that counseling or
treatment is in order. (vi) A fee to cover the
reasonable costs, if any, of a municipal
corporation in connection with a charge
brought under this section which results in
Accelerated Rehabilitative Disposition. (7)
Accelerated Rehabilitative Disposition or
other preliminary disposition of any charge of
violating this section may be revoked and the
court shall direct the Attorney for the
Commonwealth to proceed on the charges as
prescribed in general rules if the defendant:
(i) is charged with or commits any crime
enumerated in Title 18 (relating to crimes
and offenses) or in section 1542 within the
probationary period; (ii) fails to make
restitution as provided for in this section; (iii)
fails to successfully complete the alcohol
highway safety school required by section
1548(b); (iv) fails to successfully complete any
program of counseling or treatment, or both,
required as a condition of Accelerated

ee a

20

Rehabilitative Disposition; or (v) violates the
terms and conditions of Accelerated
Rehabilitative Disposition in any other way.
(7.1) In addition to the conditions set forth in
paragraph (7) for Accelerated Rehabilitative
Disposition of any charge brought under this
section, the judge may impose, and the person
shall accept, the condition that the person
engage in a program of collecting litter from
public and private property, especially
property which is littered with alcoholic
beverage containers. The duration of the
person's participation in a litter collection
program shall not exceed the duration of the
probationary period imposed on the person
under Accelerated Rehabilitative Disposition.
(8) With exception of brogram costs referred
to in section 1548(e) or any restitution
referred to in this section, and with the
exception of any fees imposed pursuant to
paragraph (6\vi) which shall be distributed to
the affected municipal corporation, any fee of
financial condition imposed by a judge as a
condition of Accelerated Rehabilitative
Disposition or any other preliminary
disposition of any charge under this section
shall be distributed as provided for in 42 Pa
C.S. section 3571 (relating to Commonwealth
portion of fines, etc.) (f) Preliminary hearing
or arraignment.- The presiding judicial officer
at the preliminary hearing or preliminary
arraignment, relating to any charge of a
violation of this section, shall not reduce or
modify the original charges.

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(g) Expired. 1984, Feb. 12 P.L. 53 No. 12,
effective June 11, 1988. (h) Work release.- In
any case in which a person is sentenced to a
period of imprisonment as a result of a
conviction for violating any provision of this
section, the judicial officer imposing that
sentence shall consider assigning that person
to a daytirne work release program pursuant
to which the person would be required to
collect litter from public and private property,
especially property which is littered with
alcoholic beverage containers. (i) Driving a
commercial motor vehicle while under the
influence of alcohol or a controlled substance. -
a person shall not drive, operate or be in
physical control of the movement of any
commercial vehicle while:
(1) under the influence of alcohol; (2) under
the influence of any controlled substance as
defined in section 1603 relating to definitions
(3) under the combined influence of alcohol
and any controlled substance; (4) the amount
by weight in the person's blood is 0.04% or
more.

75 Pa C.S.A. 1543. Driving while operating privilege

is suspended or revoked.
(a) Offense defined.- Except as provided in
subsection (b), any person who drives a
motor vehicle on any highway or trafficway of
this Commonwealth after the commencement
of a suspension, revocation or cancellation of
the operating privilege and tefore the
operating privilege is restored is guilty of a
summary offense and shall, upon conviction,

22

be sentenced to pay a fine of $200.00. (b)
Certain offenses. -(1) Any person who drives a
motor vehicle on any highway or trafficway of
this Commonwealth at a time when their
operating privilege is suspended or revoked
as a condition of Accelerated Rehabilitative
Disposition for a violation for a violation of
section 3731 (relating to driving under the
influence of alcohol or controlled substance)
or because of a violation of this section.
1547(b)(1))relating to Suspension for refusal)
or 3731, shall upon conviction, be guilty of a
summary offense and shall be sentenced to
pay a fine of $1,000 and undergo
imprisonment for a period of not less than 90
days. (2) This subsection shall apply to any
person against whom one of these
suspensions has been imposed whether the
person is currently serving this suspension or
whether the effective date of suspension has
been deferred under any of the provisions of
section 1544 (relating to additional period of
revocation or suspension). This provision shall
also apply until the person has had the
operating privilege restored. This subsection
shall also apply to any revocation imposed
pursuant to section 1542 (relating to
revocation of habitual offenders license) is
any of the enumerated offenses was for a
violation of section 3731. (c) Suspension or
revccation of operating privilege.-Upon
receiving a certified record of the conviction of
any person under this section, the
department shall suspend or revoke that

23

person's operating privilege as follows: (1) If

the department's records show that a person

was under suspension, recall or

cancellationon the date of violation, and had

not been restored, the department shall

suspend the person's operating privilege for

an additional one-year. (2) If the department's

records show that the person was under

revocation on the date of the violation, and
had not been restored, the department shall
revoke the person's operating privilege for an

additional two-year period. (d) Citation to

appropriate subsection.-Prior to filing a

citation for a violation of this section with the

issuing authority named in the citation, the

police officer shall verify the basis for the

suspension with the department. Upon

receiving the verification, the officer shall cite

the appropriate subsection of this section on

the citation.

STATEMENT OF THE CASE
The Constitution of the United States, having
conferred the supreme authority of the law and of
the land upon this Honorable Court, provides a
direct means of redress of the grievances contained
in this petition.

Under the Laws of the Nation and state, the
petitioner and respondent matched in a controversy
known as criminal litigation, based upon the state's
propensity to provide spiritual implications by
substance, for which it convicts and penalizes the
people in large numbers, based upon certain

24

activities seen by the people as being necessary, or
those seen by the people as illnesses, which the
people contract. The petitioner happens to be a
person within the Commonwealth which
administers certain laws, in particular !aws directed
to abate abuse of spirits when the activity involves
operation of a motor vehicle within its jurisdictional
limits intending to obstruct, impair or disregard
longstanding Constitutional guarantees to suit its
own ends, implicating upon a person long term
punitive effects in person, process, money, property
or other inalienable rights.

The parties entered the initial controversy
under the Pa C.S.A. section 3731 on June 2, 1993,
which was made as an action under that section of
the state motor vehicle code at a time when the
petitioner had been involved in a substantial
amount of other related litigation, of which a
petition at No 263-99 presently stands before this
Honorable Court’.

A second charge followed in 10th Judicial
District of the Commonwealth of Pennsylvania on
May 6, 1994, in Magisterial District 10-2-10 with
preliminary hearing held on July 14, 1994, which
exceeded the time requirement for preliminary
hearings under Commonwealth Criminal Rules. The
matter was bound for court and was followed by a

1

An actuon by the Commonwealth was docketed as a first offense in Washington County,
Pennsylvania within Magisterial District 27-3-01 for a misdemeanor of the second degree at
No Cr-168-92 The action was waived to the Court of Common Pleas of Washington County and was
dacketed at No 693 1993 with the Washington County Gerk of Courts. A series of 7 field and chemical tests
were performed at the in sistance of the law enforcement officer who did not possess and could not show the
petitioner a warrant of any type on behalf of the Commonwealth in its request to examine evidence or cause.
On the insistence of counsel, the petitioner accepted terms of ARD, and underwent imposition of a XD day
operating privilege suspension, fines, costs, supervision and related administration as defined by the section.
Nowhere in the charging officers affidavit is there reference to miranda advise having previously bean given,
or that which defines the officers requirement to state options to preference on the accused for tests.

25

trial by jury on April 20, 1995”.

The third charge that followed, occurred on
January 17, 1996. The charging officer's citation
was based upon a finding and verification of
petitioner's motor vehicle operators record kept by
the Commonwealth and cited section 1543(b) as its
site for prosecution purposes. The charge was
brought in the 27th Judicial District of the
Commonwealth of Pennsylvania in Magisterial
District 27-2-01°.

The fourth and final charge followed on April
29, 1997, through citation of a charging officer
which was not filed until June 4, 1997, beyond the
30 day limitation for which to file. A hearing on the
causd procured by the charging officer and was held
with a determination of guilt made. An appeal
followed to the Court of Common Pleas in the 5th
Judicial District of the Commonwealth of

<
An action was docketed at 2132-C-1994 as the second action. Following

trial by jury, the petitioner was convicted on all but one count, which was nolle prossed
on motion of the Commonwealth Attorney. The petitioner was sentenced to 1 year bss
of operating privileges, 30 days confinement in a county prison, and assessed fines,
costs, supervision and other related impositions as defined by the penalties
corresponding to the conviction. The purpose intended by the law is to maintain access
for more severe punishments upon people within the limits of the Commonwealth for
an unreasonable period of not less than 7 years, by making a persons operators license
or motor vehicle record operate as a device for its own use and entry into evidence in
its courts to receive the convictions of its people and to mete out punishments.

3
Action in the third charge was determined before a district justice
at No Tr 066-1996, and thereafter was appealed to the Court of Common Pleas of
Washington County and dooketed at No. 878-1996 on summary appeal in trial denovo.
Petitioner was found guilty on evidence in possession of law enforcement personnel on
or about December 25, 1995, which was deduced by the petitioner as having
entrappment propensities. Attaching punishment relating to the conviction was

thereafter meted out by the court, which was not vacated or reversed on appeal.

26

Pennsylvania and docketed at No. CL 97-3920 with
request to convene trial de novo‘. The judgement of
the court was followed by appeal. The ruling of the
Superior Court of Pennsylvania is shown in
Appendix "A". The trial court judgement and
opinion are shown in Appendix "B". And the ruling
of the State Supreme Court is shown in Appendix
a ta

Judicial procedure in prosecution of the
accused requires due process under specific
provisions of United States Constitution. Nowhere,
in the applications of record in the trial court, or
any appellate court is there any finite pattern that
would conclusively identify proper procedure under
the guarantee of due process, which is inalienable to
the petitioner.

4
Trial denovo was held on charges under 75 Pa C.S.A. section 154%b), with wit

present by subpoena for the presentation of the petitioner's case im chief. Subpoenaed witnesses con:
persons or officials who by association were related to the official acts im the prior actions and conv
witnesses were not afforded an opportunity to testify by the court over objection of the petitioner to
veracity in the underlying convictions as a defense. The petitioner was thereafter convicted and atta
punishment was meted out. Trial de novo was held November 5, 1997.

27
REASONS FOR GRANTING THE WRIT

I. THE INTENTIONS OF THE FRAMERS OF
OUR CONSTITUTION WAS TO PROHIBIT® AND
REASONABLY LIMIT® POWERS CONFERRED
TO GOVERNMENT LAW ENFORCEMENT
OFFICIALS TO GUARD AGAINTP ACTS OF
ABUSE, IN PROCESS, AND OPPRESSIVE
CREATIVITY TO GUARANTEE PROTECTION OF
INALIENABLE RIGHTS IN JUSTICE BEING
ADMINISTERED.

This case presents the important question of
whether there is too much permissiveness under
applicable state and federal measures that restrict
the appropriate activity in processing or prosecuting
the laws of the land upon its people. These are acts
situated as official acts on a person's life or property
presently enforceable upon our entire population
acting as one well informed protected person. There
is no provision or place in law, for obstruction of
process by official acts in light of the equal
protection guarantee. [See Brandon vs. District of

olumbia B v vs.

of Minn; Vv : Vv
Warg:; Joyce v av i

Contractors of California, Inc. vs. City of County of

Sa rancisco; Reeder v it olice
Commissioners; Salahudin v oO in: t vs.
oO onwealt vania: Vv i

Keyes vs. City of Albany; Atwell vs.

Wiggins vs. Procunier]

28

There can be no justification for the pattern
of prosecuting that this chain of events has taken,
resulting in convictions preferential to the state
without enforcement of due process or equal
protection guarantees in compounded trials. [See

Goshtasby vs. Bd of Trustees for the University of
: vs Li - Vv ited

v lt; US vs. Hughes; US

vs. Humphreys; US vs Moore: US vs. Nguyen; US

Vv Vv ; Vv ith: V es;

vs. Wa ; Co ureau

ic Vv way; oO

“a - ae ener
Vv

For reasons, set forth herein and those which

clearly appear in this action, a writ of certiorari is
necessary to the State Supreme Court to hear an
appeal.

Other actions before inferior courts,
including but not limited to the inferior appellate
courts of this particular region have been made of
record and clearly show, the methods of causation
for this request being beyond the state court of last
resort.

The petitioner believes that law was made to
financially use the population for government gain.
Unreasonable impositions are made upon person,
property and well being of the public daily. These
applications under the law should not be the role of
government or courts. The medicinal properties of
alcohol for consumption should be retained for the
enjoyment of people, with gross offenses punished.

29
CONCLUSION

For the foregoing reasons, the petition for a
writ of certiorari should be granted.

Respectfully Submitted,

1 yh]

Yi oh 5 IS ae
Albert E. Cuneo,
Petitioner

—- sd

hE EE ORDED a Pets

Sl lt

APPENDIX A
J. A2024/98:

In the Superior Court or Pennsylvania
Pittsburgh District
Commonwealth of Pennsylvania,
Appellee,
v. No. 2429 Pittsburgh 1997
Albert E. Cuneo, Appellant.

Appeal from Judgement of Sentence of November 5,
1997, entered in the Court of Common Pleas of
Allegheny County, Criminal Division
at No. CL 97-3920
Before: Musmanno, Orie Melvin JJ, and
Cirillo, P.J.E.

MEMORANDUM FILED: NOVEMBER 24, 1998
Appellant, Albert E. Cuneo, appeals from a
judgement of sentence imposed by the Court of
Common Pleas of Allegheny after he was found
guilty in a trial de novo of driving while his license
was suspended, DUI related.’ Due to the inadequacy
of Mr. Cuneo's brief, we are unable to conduct
meaningful appellate review. Therefore we quash
the appeal without reaching the merits.
The facts and procedural history may be briefly
summarized as follows. On April 29, 1997
Pennsylvania State Trooper Richard Swank was
conducting a traffic safety check at which a vehicle
being operated by Mr. Cuneo was stopped. In the
course of the traffic stop Mr. Cuneo was unable to
display a valid operator's permit and further
investigation revealed his driving privileges were
under DUI related suspension at the time’. Trooper
Swank testified he requested a copy of Mr. Cuneo's

31

record and upon receipt of that certified copy dated
May 5, 1997, he filed the citation on June 4, 1997.

On July 29, 1997 Mr. Cuneo was found guilty
of violating 75 Pa C.S.A. section 1543(b) before a
district justice. He took an appeal to the Court of
Common Pleas of Allegheny County where on
November 5, 1997,after a trial de novo, he was
found guilty and sentenced to ninety days
imprisonment and fined $1,000.00. Its from this
judgement of sentence which appellant has filed
timely appeal.

On appeal, Mr. Cuneo has raised a number of
vague and incomprehensible allegations. In the
"Statement of the Questions Involved” section of his
brief Mr. Cuneo presents the following issues:

1.) | Was due process served before Courts

in the 5th, 10th and 27th Judicial Districts of

the Commonwealth of Pennsylvania, to
suspend an operators license under 3731 or

1543 (b) which contained a reasonable doubt

of inapplicable procedure in finding the

defendant's guilt?

2.] Was the defendant provided due

process in compliance with the rules of

criminal procedure as provided by the

Constitution of the Commonwealth of

Pennsylvania, in strict compliance with time

for filing consistent with 75 Pa. C.S.A section

1543 (b), permitting dismissal and a probe of

underlying convictions in rebuttal

presumption for the purpose of the
presentment of a defense?

3.] Has the defendant, as a result of

impositions and convictions at law, sustained

OS Dann MO as 0 A Ta es ial iil

fam =. gts

ee ee

32

a fraudulent term of unnecessary
administration by the specific Courts
mentioned in the enforcement of the laws of
the Commonwealth by and through its’
representative agents in specific districts,
with a motive to infringe upon the defendants
wealth and earning capability for no apparent
reason?

4.) Has the defendant been given prompt

and correct judicial directives on application

in the respective judicial districts by law in
his foregoing history of actions before the

Courts of the Commonwealth from 1990 to

the present?

5.] Was the Commonwealth of

Pennsylvania, and its’ satellite benefactors

(alcohol awareness schools/probation and

parole divisions, fine collectors etc.) within

their legal limits in taking concerted actions
against the defendant to detain and
compromise the defendant from time to earn

a living, retain and manage assets, income,

and to pursue liberty without the use of his

financial resources and additiona] property,
by application in criminal and civil] Court?

6.) Was the defendant entrapped and

convicted by definition in this action?
Mr. Cuneo's brief at 7.

Although Mr Cuneo raises the above six
issues in the "Statement of the Questions Involved”
in his brief, the argument portion of his brief does
not address these issues. Instead, in the argument
section of his brief Mr. Cuneo lists six additional
questions for the Court's consideration.

33

Mr. Cuneo has presented this Court with an
unintelligible brief that does not provide sufficient
facts to support his allegations, does not cite to
pertinent legal authority and in no manner develops
his legal arguments. What Mr. Cuneo has presented
to the Court is a rambling discourse in the form of
multiple questions. Under the circumstances, we
- find Mr. Cuneo;s claims are not reviewable. See
Commonwealth vs. Rivera, 685 A.2d 1011 (Pa.
Super 1996) (stating underdeveloped arguments will
not be considered); Commonwealth vs. Adamo, 637
a.2d 302 (Pa. Super 1994); (stating that failure to
elaborate on mere assertion in brief results in
waiver); Commonwealth vs. Maris, 629 A.2d 1014
(Pa. Super 1993) (holding substantial defects in
brief, including pro se appellant's undeveloped
arguments, unsupported statements and largely
inapplicable caselaw prevented meaningful judicial
review).

Mr. Cuneo's pro se status does not relieve
him of his responsibility to raise and develop his
claims. Nor does it entitle him to have this Court
advocate on his behalf. See Commonwealth vs.
Sanford, 445 A.2d 149 (Pa Super. 1982) (stating
that the Superior Court is not a pro se litigant's
counsel and will not consider the merits of issues
not property raised and developed in briefs). Since
the defects in Mr. Cuneo’s Brief are substantial and
preclude this Court from conducting any meaningful
appellate review, we quash his appeal. Pa R.A.P.
2101; Rivera, supra.

Appeal quashed.

— ea en Net m= NA anal ie EO BR he.

Saintes: sass, ee Se

34

In the Superior Court or Pennsylvania
Pittsburgh District

Commonwealth of Pennsylvania,

Appellee,
Vv. No. 2429 Pittsburgh 1997
Albert E. Cuneo,
Appellant.
JUDGEMENT

ON CONSIDERATION WHEREOF, it is now

here ordered and adjudged by this Court that
appeal quashed.

BY THE COURT:
/s/ Eleanor R. Valecko
Deputy Prothonotary

Dated: November 24, 1998

35
APPENDIX B

In the Court of Common Pleas of
Allegheny County, Pennsylvania
Summary Appeals Branch

Commonwealth of Pennsylvania

Plaintiff,
vs. CL#3920 of 97
Albert E. Cuneo,
Defendant.
ORDER OF COURT

AND NOW, TO WIT, THIS 5 DAY OF
NOVEMBER, 1997 DEFENDANT IS ADJUDGED
GUILTY OF THE OFFENSE OF 1543(B)
HEREWITH HE STANDS CHARGED, AND
DEFENDANT IS SENTENCED TO PAY A FINE
OF $1,000.00, PLUS COSTS. TO THE CLERK OF
COURTS WITHIN 60 DAYS UNLESS
OTHERWISE NOTED. 90 DAYS ALLEGHENY
COUNTY JAIL, SENTENCE EFFECTIVE 12-8-97.

BY THE COURT,

/s/ Watson, J.
Original Conviction Date:
7-29-97
Charge VC 1543 B
Citation # F0239766-2
TR 1301-97
Note: Defendant has from the date of this decision
Thirty (80) days to appeal to the
Superior/Commonwealth Court.--Delivered U.S.Mail.

A hl CE A bce ast ae Pena

oe ee ee er era eee Pe ern eee en

36

In the Court of Common Pleas of
Allegheny County, Pennsylvania
Summary Appeals Branch

Commonwealth of Pennsylvania
Plaintiff,
vs. CL#3920 of 97

Albert E. Cuneo,
Defendant.
OPINION: March 26, 1998 Delivered US Mail.

On April 29, 1997, Pennsylvania State
Trooper Richard Swank was conducting a "traffic
safety check" at which a vehicle being operated by
the Defendant, Albert E. Cuneo, was stopped. in the
course of the traffic stop Defendant was unable to
display a valid operator's permit and further
investigation revealed that his privileges were
under a D.U.I.-related suspension at the time.
Defendant was cited for this offense and appealed to
the Court of Common Pleas of Allegheny County.

At trial certified documents evincing the
suspension were offered by the Commonwealth and
admitted into evidence by this court.

Defendant did not offer discernable
substantive defense to the charge and we rejected
his legal arguments. In the face of the certified
documents and the credible testimony of the trooper
we found the Defendant guilty as charged by our
order dated November 5, 1997.

Per Curiam,

/s/ Watson, J., J.

Commonwealth of
Pennsylvania,
Respondent,

Albert E. Cuneo,

Petitioner.

PER CURIAM

37

APPENDIX C

In the Supreme Court of Pennsylvania
Western District

No. 886
Western District
Allocatur Docket
1998

Petition for
Allowance of
Appeal from Order
Memorandum
Opinion of the
Superior Court

AND NOW, this 4th day of June, 1999, the
Petition for Allowance of Appeal is hereby DENIED.

A true Copy Patricia Honard
As of: June 4, 1999
Attest: /s/ Patricia Honard

Chief Clerk

Supreme Court of Pennsylvania

38

Supreme Court of Pennsylvania
Western District
Amy J. Ceraso, Esquire
Deputy Prothonotary
Patricia A. Honard
Chief Clerk

June 4, 1999
TO: Mr. Albert Cuneo

Re: Commonwealth of Pennsylvania

Respondent,
v.
Albert E. Cuneo

Petitioner.

No. 0886 W.D. Allocatur Docket 1998

Dear Counsel:

‘ baie alee a »
ahd eetutitiets ents Oat

This is to advise you that the attached order
has been entered on the Petition for Allowance of
Appeal filed in the above-captioned matter.

Very truly yours,

, Office of the Prothonotary
} Supreme Court of Pennsylvania
/Kap
c: Honorable J. Warren Watson, SJ
Allegheny; CL97-3920; Civil
Michael Streily, Esquire
Sandra Preuhs, Esquire

‘
4
:

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386005_1150%3A1. Public record. Not legal advice.
