Legal Opinion
You have done some good work in finding case law to support your argument. However, you have not told me what Statute or Code you are alleged to have violated. It is true that the Supreme Court held that statutes and codes are not laws. You want to prove that the statute/code you are alleged to have violated is not law. While applying the case law you’ve found in your research, you have to look at the cases and relate them to the facts of your case. The other party will try and poke holes in your argument if the facts of the case are not related to the facts of the case you’re citing.
You cannot claim that every statute/code is not law because the Supreme Court said so in the cases you’ve provided. You can try an argue that if the facts of both cases (your case and the case you are citing) are similar. Statutes and codes are sources of law and enforceable in a court of law. That’s why up to today, they are enacted by the legislature. That is the work of the legislature. If the ruling of the Supreme Court in Fluornoy v First National Bank of Shreveport that, “A code or statute is not law” was to stand, the Supreme Court would be nullifying the role of the legislature. The role of the legislature is to make law. It does so through codes and statutes. That role is given to the legislature by the United States Constitution which is the supreme law of the land.
If you look at the cases you have provided in the questionnaire, it was held that the statutes in question were not law majorly because they were made in an unlawful manner. In the cases you have provided, the Supreme Court also held that the Constitution is law. In that regard, if you want to find unlawfulness in the statute/code you are alleged to have violated, try and prove that the statute/code is unconstitutional. That way, it will become unenforceable and you’ll not be held liable for anything under that statute/code.
You’ve told me that you want to claim incompetence of counsel because your previous defense attorney did not file a motion. What is the reason your previous defense attorney gave for not filing that motion? It will help us determine whether the defense attorney acted in a reasonable manner (that is the standard of proof). From there, we can find case law that supports your case.
The Americans with Disabilities Act majorly deals with discrimination, especially in employment. It may not apply to your case.
Let me know what you think.
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