San Andreas Judicial Branch
Supreme Court of San Andreas
"EQUAL JUSTICE UNDER LAW"
PETITION FOR WRIT OF HABEAS CORPUS
IN THE SUPREME COURT OF SAN ANDREAS
Andy Tyrie (Petitioner) v. State of San Andreas (Respondent)
No case number assigned
A petition for writ of Habeas Corpus was filed in the above case on the 22nd of June, 2024
Andy Tyrie (Petitioner) v. State of San Andreas (Respondent)
No case number assigned
A petition for writ of Habeas Corpus was filed in the above case on the 22nd of June, 2024
The Petitioner, Andy Tyrie, by and through the undersigned attorney, filed this Writ for Habeas Corpus, and the reasoning for request is as follows;
- Reasoning: Unlawful detention under the 4th, 5th and 14th Amendments of the San Andreas Constitution and basic human rights
- Detailed Explanation:
This is a petition for a writ of habeas corpus filed on behalf of Andy Tyrie seeking relief to remedy his unlawful detention. On or about May 31st, 2024, the Respondents (San Andreas State Government with the assistance of the Los Santos Police Department) detained Andy Tyrie from Mr. Tyrie's business. Mr. Tyrie did not resist or oppose the detention at the time. From the time of detention, Mr. Tyrie was advised of a number of charges used to allegedly support his detention and multiple attempts at legally questioning Mr. Tyrie were made by several high-ranking individuals in the SASG from Governor Langley down to Chief of Staff Emily Whitehorse and Assistant to the Chief of Staff Julia Whitehorse.
Respondents are detaining Mr. Tyrie allegedly until a trial date can be set under a specific authority granted to them under the 5th Amendment of the San Andreas Constitution;
Should the crimes of the individual detail treason, grand acts of terrorism, or murder of public officials the individual will be held in the Department of Corrections until a trial date can be set and due process followed.
However, Mr. Tyrie has not been charged with any such crimes (has not been arrested and charged), nor has Mr. Tyrie been indicted for any crimes. In San Andreas, the court system is activated in one of two days -- (1) Upon arrest by a law enforcement officer within the State, or (2) by indictment by the Attorney General of San Andreas. Neither process has been initiated against Mr. Tyrie.
Furthermore, with the penal code, the crimes of "grand acts of terrorism" are likely resolved to SF01 - Domestic Terrorism, "murder of public officials" is very easily resolved to SF02 - Murder with the modifier of crime against a government employee added. Domestic terrorism is defined as,
and Murder is defined asExtreme violent activities that (A) appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
. The petitioner has not been accused of either domestic terrorism or murder of a public official. And, the crime of treason does not exist within the penal code, therefore, it is the petitioner’s belief they should not be held in the Department of Corrections pending trial for a non-existent charge.The premeditated or non-premeditated killing of another person.
To date, the respondents have been unwilling to release Mr. Tyrie and Mr. Tyrie has been detained for over two weeks now. Mr. Tyrie is not a flight risk or a danger to the community. As a result of the poor treatment sustained by Mr. Tyrie at the hands of the respondents, Mr. Tyrie's medical condition waned, requiring Mr. Tyrie to be admitted to a local hospital where he has been remained for the greater portion of his detention. Mr. Tyrie is handcuffed and shackled to a hospital bed, unable to engage in the basic human functions of moving around, exercise, or anything of a similar nature. In addition to his physical detention, Mr. Tyrie has been deprived of all contact with the outside world and has been prohibited from possessing any electronic devices or paper (eliminating his ability to have contact with the outside world). Not only is this treatment arguably inhumane, but this treatment also further deprived Mr. Tyrie of his right to legal counsel -- It took Allgood Law several days after being notified or Mr. Tyrie's request for representation to be able to meet with Mr. Tyrie as Mr. Tyrie was unable to directly contact Allgood Law either via e-mail or phone.
As detailed above, this detention before and without due process is not within the prescribed manner of seeking charges within San Andreas. As Mr. Tyrie has not been charged or indicted, Mr. Tyrie has no ability to use retained counsel to fight the charges within either of the three court systems. With the absence of civil court, Mr. Tyrie cannot seek relief from damages incurred at the hands of the government. And with no access to paper or electronic devices to contact anyone on the 'outside world', Mr. Tyrie cannot a) assist in his legal defense or b) file any complaints against the government. Petitioner's counsel has knowledge about other individuals detained by the government around the same time as Mr. Tyrie, who were released, however have been unsuccessful in redressing their grievances with the government through the government's IA process. Therefore, Petitioner has exhausted all of his administrative remedies to the extent available by law and the only remedy is by way of this judicial action.
CLAIMS FOR RELIEF
In addition to the claims made above pertaining to the alleged crimes against the Petitioner not being related to grand acts of terrorism or murder of public officials and the absence of treason from the penal code, the Petitioner by and through retained counsel makes the following claims (legal authority) for relief;
Violation of Andy Tyrie's right to due process: The 5th Amendment states, in part;
. Mr. Tyrie has been deprived of liberty and property without due process. As stated above, Mr. Tyrie has not been arrested & charged, nor indicted, however, Mr. Tyrie remains detained and deprived of his liberty without due process. Government officials removed several items of property belonging to Mr. Tyrie, to include his clothing, and various electronic devices, again without due process.No person shall be compelled in any criminal case to be a witness against themself, nor be deprived of life, liberty, or property, without due process of law.
Violation of Andy Tyrie's right to be protected from unlawful search and seizure: The 4th Amendment states, in full (emphasis added);
Mr. Tyrie's person and effects were seized without a warrant. Searches or seizures without a warrant are inherently unreasonable without a warrant or recognized exception to a warrant, yet the government and its agents have seized, and continue to seize, Mr. Tyrie without a warrant.The right of the people to be secure in their persons, houses, papers, and effects, against 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 the persons or things to be seized.
Additionally, the 14th Amendment states, in part;The state shall not 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.
Again, Mr. Tyrie has been detained and continues to be detained without due process of law.
RELIEF
Therefore, the Petitioner seeks an order from this Court declaring his continued and prolonged detention unlawful and ordering Respondents to release Mr. Tyrie from their custody.
- Detailed Explanation:
Owner
Allgood Law
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