Wess Little Defense Attorney - stole evidence of actual innocence blocking access to court to prove actual and factual innocence of charges North Carolina

Factual innocence means just that—facts and evidence exist proving that a person accused or convicted of a crime did not or could not have committed it. Factual innocence differs from legal innocence. Legal innocence means the government did not meet its burden of proving guilt beyond a reasonable doubt, and it used unconstitutional tactics to restrain my liberty without evidence of violation of 14-100....

FALSELY ACCUSED Unlawfully gaining of Insurance fundings: This case; Wesley O. Little -v- State of North Carolina 2001; stands on an unconstitutionally obtained plea which is inadmissible in court. These actions are a violation of my constitutional rights and also an egregious form of cruel and unusual punishment… In addition to the illegally obtained plea being unconstitutional, the petitioner’s business was legal and the charges of NCGS 14-100 are false. On and for the record and let the record show that by law, I have the right to face my accuser with new evidence of actual innocence and my accuser must be a living man or a woman, therefore I move to dismiss this matter in North Carolina entirely.

This entire case rests upon a breach of contract. U. S. Constitutional Contract. 

It’s extremely rare for attorneys to be punished for deliberately hiding exculpatory evidence, much less face criminal charges. But this outcome will hopefully usher in a new era of oversight to ensure that attorneys live up to their ethical obligations, especially defense attorneys there to protect their client.

The Governor will find upon investigation that Hugo intentionally misled the trial judge, and that’s what will make this prosecution possible.

Improving fairness and accuracy in the criminal justice system benefits all segments of society. Victims and their families can see justice; prosecutors and police can have the tools to do their jobs well; the public can have more confidence in the system; and innocent people and their families can avoid the tragedy of wrongful convictions.

Punished while doing what the law allowed in a legal business. At the most critical point of my jury trial and suffering from anxiety attacks, I took a bottle of prescribed sedatives in front of the trial judge who stopped the trial and resumed minutes later. Hugo badgered me to plea by saying I would get forty years to life because my business was not legal. Hugo set up my business as my business attorney. Since then my business was proven to be legal and Hugo stole all the business records as I was led away. Years of requesting their return through the North Carolina State Bar Hugo promised to return my records several times and failed to do so.

intentionally or unintentionally.

·         failure to investigate adequately,

·         failure to make a suppression motion,

·         failure to consult with or advise the client adequately,

·         owed client a duty to provide competent and skillful representation

·         lawyer breached the duty by acting carelessly & mistakes

·         lawyer’s breach caused injury and harm

·         the harm caused a financial loss & loss of business

·         fail to know and apply the law of GS 14

·         fraud -  fraudulent acts of the attorney

·         failed to follow instructions

·         malicious prosecution by abuse of process

·         libel and slander

·         stolen and lost documents proving client’s innocence of charges

·         Failure to File Documents Where No Deadline is Involved: withheld need documents from new lawyer and NCSBar

·         Failure to Know or Properly Apply the Law: unaware of the legal principles involved, failed to ascertain the appropriate principles.  erroneous reasoning from known principles. simply failed to see the legal implications of the known facts.

·         Inadequate Investigation: certain facts which should have been discovered by the attorney in a careful investigation or in the use of discovery procedures were not discovered or discerned.

·         Procrastination in Performance of Services or Lack of Follow-Up: the delay in dealing with a client’s matter by a lawyer causes a loss even though there may not have been a formal lapse of a time limitation, or the intervention of another interest adverse to that of the client, such as the loss of a sale of business, disappearance of evidence, or loss of witnesses which occurred as a result of the lawyer’s delay. Lack of follow-up is also covered under this category. This includes the instances where the attorney has initiated some type of action, but has not followed up to make sure the necessary action is taken.

·         Violation of Civil Rights: Ineffective assistance of counsel causing injury to suing party. This category covers any allegations made against the attorney for violation of any civil rights protected by law.

No reasonable attorney would have made the same errors and those errors caused injury. Legal malpractice claims can be very complicated. To prevail, a claimant must prove not only that the negligence of the target attorney ruined their case, but also must prove that the original case would have been successful but for the target attorney’s negligence. This is called “the case within the case.” The immediate goal is to locate attorneys who have the experience and resources to aggressively pursue fair and reasonable settlements in these difficult matters, or proceed to trial if the case cannot be settled.

Asking the judge to Accept a Withdrawal based on: 

Ineffective assistance of counsel, Lack of legal counsel, plea was entered without the defendant’s consent, The defendant was not psychologically competent to plead guilty, The strength of the defendant’s case has risen, The defendant was manipulated or threatened, Constitutional violations (e.g., the defendant was not allowed to seek counsel), Impropriety (e.g., the judge does not appear impartial because they told the defendant that they would be more lenient than jurors)

Had the business/defense attorney properly investigated, the outcome of the case would have been different, ie; it would have never been in court. [Statute of limitations does not apply to actual innocence and constitutional violations] Ineffective assistance in this case occurred when the trial defense counsel failed to investigate adequately the available evidence that was of value to me in presenting this case and also when he neglected to introduce that evidence by claiming that I was on my own, ‘plea, save yourself because I don’t know how to defend you’…after I had overdosed on Lorazepam (a prescribed sedative) in front of the judge and the jury, which in totality makes the results of the conviction to be gained by the fruit of the poisonous tree. This lawyer’s incompetence occurred to such a degree that I did not receive a fair trial. The trial was interrupted by the receipt of illegal advice from defense attorney. The process of Dealing with Bad Lawyering is appealable. The defense counsel’s cumulative errors support my claim of ineffective assistance of counsel. This attorney’s conduct fell below an objective standard of reasonableness and, a reasonable probability exists, but for the counsel's unprofessional errors, the outcome of the criminal proceeding would have been different and the jury trial would have continued with more likely than not a not guilty verdict..

 Good cause to withdraw this plea is shown because the petitioner at the time of the plea was operating under a mistake, ignorance, duress, fraud, and many other factors overcoming the exercise of his free judgment. Article 58. Procedures Relating to Guilty Pleas in Superior Court. § 15A-1021. Plea conference; improper pressure prohibited; (b) No person representing the State or any of its political subdivisions may bring improper pressure upon a defendant to induce a plea of guilty or no contest. Requesting withdrawal of this illegally obtained plea and the dismissal of the case due to my right to due process being violated, [an actually innocent petitioner]. No passage of time demands continuance of an illegally obtained restraint of liberty and it's standing on the books as it is a gathering of power-hungry proverbial belt botchers looking for power to reach higher office and favors moving on perjury.   This court must affirmed that Petitioner/Defendant was prejudiced by defense counsel’s many errors, which constituted deficient performance. Strickland prejudice is defined as “a reasonable probability that, but for counsel’s unprofessional errors, the results of the proceeding would have been different” (relying on Strickland v. Washington, 466 U.S. at 694). See Opinion at 25. The appellate court succinctly stated, Asking the Justice Department to launch a criminal investigation into the conviction of an actually innocent victim of white power, innocently convicted of a crime that I did not commit and is now being falsely accused as a result of activated fight and flight symdrome fueled by anxiety and panic disorder brought on by being unlawfully targeted by folk who double dipped and stole from me by working for me, gaining service from me in my construction company, and by manipulation of false recovery from the state and insurance companies. As a matter of fact, let the Insurance czar start the investigation and the justice department can finish it as long as I get the justice that I seek.                                                            

my case must be dismissed with damages lawsuit to follow

https://www.wfmynews2.com/article/news/local/controversial-north-carolina-judge-resigns/83-403594704

Controversial North Carolina Judge Resigns