I AM ILLEGALLY INCARCERATED/IMPRISONED, SERVING 40 YEARS. I AM LEGALLY INNOCENT AND FACTUALLY INNOCENT BECAUSE THE JURY FOUND ME NOT GUILTY OF THE CRIME CHARGED.
Judge Chu and the Prosecutor illegally charged me with 2nd degree Murder by ignoring the law and not following the proper legal procedures to add that charge.
Judge Chu did not have SUBJECT-MATTER JURISDICTION (power/authority) to hear, convict, and sentence me for 2nd degree murder, but she ignored the Federal and State Constitutions, and State laws, and did as she pleased, violating the law and my substantive fundamental constitutional rights/protections in the process.
The prosecutor did not bring 2nd degree Murder in through the indictment or complaint as required by law. That means I was not legally charged. Therefore Judge Chu had no legal authority/power to convict me and sentence me to 40years in prison for that charge.
Judge Chu deprived me of my Fundamental Constitutional Rights/Protections/Immunities/Privileges/Guarantees under:
5th Amendment Due Process Clause, Grand Jury Clause, Double Jeopardy Clause;
6th Amendment Due Process Clause, Fundamental Fairness Clause, Timely Notice of the Charges Clause;
14th Amendment Due Process Clause, Fair Trial Clause, Equal Protection of the Law Clause, Opportunity to Prepare a Defense Clause
Minnesota Constitution Article I Section 7 Due Process Clause, and, Section 8 Redress of Wrongs or Injuries Clause; and,
Minnesota Rules of Criminal Procedure 17.05
My trials were unfair and I was denied Due Process and Fundamental Fairness because Judge Chu was biased against me and partial towards the Prosecutor and disregarded my constitutional rights/protection.
Judge Chu committed reversible error by CONSTRUCTIVELY AMENDING the Indictment during trial which is illegal and unconstitutional.
Judge Chu abused her Discretion when she denied my Petition for Post-Conviction Relief and Request for an Evidentiary on November 19, 2021. Due Process and the Interest of Justice and Fairness requires an Evidentiary Hearing on my Petition. This is an attempt to sweep my issues under the rug and deny me justice and equal protection of the law.
Judge Chu has lied in her decisions in order to deny me justice/relief from these Constitutional violations by lying about what my arguments are on appeals and by misstating and misapplying the law; clearly established law.
The Constitution, Federal Law, and State Law requires that I be released from prison IMMEDIATELY, but Judge Chu and the Minnesota Appellate Courts are ignoring my grievances, they are not following the law, and they are not abiding by the Federal and State Constitutions, or the Legislative law, to keep me imprisoned.
Judge Chu is ignorant of the law and plainly ignores the rule of law. She disregards both State and Federal Constitutions and State Law and Federal Law and U.S. Supreme Court Decisions.
Racial Discrimination occurred all throughout Jury Selection by the Prosecutor, Patrick R. Lofton, purposefully striking/eliminating black jurors for no other reason than them being black.
I raised a Batson challenge to the racial discrimination but Judge Chu overruled my objections and allowed the black jurors to be eliminated from my jury panel. I raised this issue on my direct appeal and The Minnesota Court of Appeals found nothing wrong and agreed with Judge Chu's decision, even though the record and transcripts of my trials clearly showed that the Prosecutor was striking all-black jurors
Lannon Burdunice did not shoot and kill Josh Hofmann, over $40 NOR OVER DRUGS, Lannon shot Hofmann in self defense. Josh Struck Lannon with his vehicle, in an attempt to run him over in the parking lot, because Lannon refused to sell him marijuana, then josh reached for his waistband for what Lannon believed was a firearm, because Mr. Hofmann had previously brandished a firearm in previous engagements with Lannon. Then that’s when Lannon shot him. NOT OVER 40$ NOT OVER DRUGS BUT OUT OF FEAR THAT JOSH HOFMANN WAS GOING TO SHOOT LANNON WITH THE FIREARM HE HAD PREVIOUSLY SEEN HIM WITH.
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