Nathaniel K. Hooker v. Illinois

This case presents an important issue concerning the proper application of Illinois Criminal Procedures and the Sixth Amendment Right to Effective Counsel, coupled with the original right to Petition (according to Lord Coke), as well as the Second Amendment Right to Bear Arms, which is undoubtedly the Right to Defend Oneself. DID THE CIRCUIT COURT OF WILL COUNTY ERRONEOUSLY DEPRIVE THE DEFENDANT OF HIS SIXTH AMEDNMENT RIGHT TO COUNSEL DURING HIS CRIMINAL PROCEEDINGS? Since this High Court’s decision in Gerstein v. Pugh, 420 U.S. 103 (1975), stating that, the Fourth Amendment places a right to a defendant, to a Probable Cause Hearing before a neutral Magistrate, the Illinois Criminal Procedures have consistently failed to uphold to the standard of the Sixth Amendment Right to Counsel laid out in Gerstein and echoed in Rothgery v. Gillespie County, 554 U.S. 191 (2008), “[a] criminal defendant’s initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. Attachment does not also require that a prosecutor (as distinct from a police officer) be aware of that initial proceeding or involved in its conduct. Pp. 5-20.” Unlike in Rothgery v. Gillespie County, which defines an adversarial proceeding, simply as, “[a] criminal defendant’s initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction”, Illinois unconstitutionally misapplies Gerstein v. Pugh, as almost a boilerplate statement, and safe word, that if invoked, mutes, and buttresses an individual’s Sixth Amendment Right to effective Assistance of Counsel (emphasis at “effective”). Currently, Illinois applies the Sixth Amendment as follows: “The sixth amendment of the United States Constitution provides defendant with the right to counsel or appointed counsel. U.S. Const., amend VI. This right attaches at or after the initiation of adversarial proceedings. Kirby v. Illinois, 406 U.S. 682, 688-89 (1972); People v. Garrett, 179 Ill. 2d 239,247 (1997). To determine whether the court infringed on defendant’s right to counsel,