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Susan Berkovitz Writ HB Public Domain

2008-02-27T11:29:00.000-08:00

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Susan Rae Berkovitz v. State of Minnesota

2007-10-16 United States Court of Appeals for the Eighth Circuit

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United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 06-3975

___________

Susan Rae Berkovitz,

Appellant,

* Appeal from the United States

* District Court for the

* District of Minnesota.

State of Minnesota,

* [PUBLISHED]

Appellee.

___________

Submitted: September 24, 2007

Filed: October 16, 2007

___________

Before BYE, BENTON, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Susan Rae Berkovitz appeals the district court’s¹ denial of her petition for

habeas relief under 28 U.S.C. § 2254. Berkovitz argues she did not knowingly and

voluntarily waive her constitutional right to testify at trial because of undue influence

and coercion by her appointed counsel. Having jurisdiction under 28 U.S.C. §

2253(a), this court affirms.

¹The Honorable Paul A. Magnuson, United States District Judge for the District

of Minnesota, adopting the report and recommendations of the Honorable Arthur J.

Boylan, United States Magistrate Judge for the District of Minnesota.

On the merits of a habeas petition, this court reviews the district court's factual

findings for clear error and its legal conclusions de novo. Frey v. Schuetzle, 151 F.3d

893, 897 (8th Cir. 1998). Under section 2254, habeas relief is granted “only if the

adjudication by the state courts ‘resulted in a decision that was contrary to, or

involved an unreasonable application of, clearly established Federal law’ or ‘resulted

in a decision that was based on an unreasonable determination of the facts.’” Kenley

v. Bowersox, 275 F.3d 709, 711 (8th Cir. 2002), citing 28 U.S.C. § 2254(d) (2006).

A criminal defendant has a constitutional right to testify on her behalf. Rock

v. Arkansas, 483 U.S. 44, 49-53 (1987). Only the defendant may waive her right to

testify, and the waiver must be made voluntarily and knowingly. Frey, 151 F.3d at

898.

Here, Berkovitz voluntarily and knowingly waived her right to testify. She was

not unduly influenced or coerced when her trial counsels stated that they were a

“hundred five percent sure” that she should not testify and “[i]f we should allow you

to testify we are going to lose.” Berkovitz admitted she received a letter from her trial

counsel specifically stating that she had the right to testify. The trial court, on the

record, made sure that Berkovitz understood that she had both the right to testify and

the right to remain silent. Moreover, Berkovitz remained silent after her trial counsel

rested. See id. (“We have previously held that a knowing and voluntary waiver of the

right may be found based on a defendant's silence when his counsel rests without

calling him to testify”).

Berkovitz also argues that this court should adopt a bright-line rule requiring

all defendants who do not testify to waive this right to testify on the record. This court

declines to adopt such a rule. See United States v. Glenn, 389 F.3d 283, 287 (1st Cir.

2004); Brown v. Artuz, 124 F.3d 73, 79 (2d Cir. 1997); United States v. Leggett, 162

F.3d 237, 246 (3d Cir. 1998); United States v. Richardson, 195 F.3d 192, 197-98 (4th

Cir. 1999); United States v. Brown, 217 F.3d 247, 258 (5th Cir. 2000); United States

v. Stover, 474 F.3d 904, 908 (6th Cir. 2007); United States v. Manjarrez, 258 F.3d

-2-

618, 623 (7th Cir. 2001); United States v. Joelson, 7 F.3d 174, 177 (9th Cir. 1993);

United States v. Janoe, 720 F.2d 1156, 1161 (10th Cir. 1983); United States v. Van De

Walker, 141 F.3d 1451, 1452 (11th Cir. 1998); United States v. Ortiz, 82 F.3d 1066,

1071 (D.C. Cir. 1996)

The judgment is affirmed. See 8th Cir. R. 47B.

______________________________

-3-

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McCampbell dba Raven Management v. City St. Paul 08cv490/JRT/FLN

2008-02-25T08:13:00.000-08:00

http://upload.wikimedia.org/wi kipedia/en/5/54/0802SummonsandComplaint.pdf John R. Shoemaker, Attorney at Law, Shoemaker & Shoemaker

....AO 4'\0 (Rev.

10/93)

Summons in a Civil Action

UNITED STATES DISTRICT COURT

District of MINNESOTA

Robert McCampbell and Raven Property

Management, L.L.C., a Minnesota limited

liability company, Plaintiffs

City of Saint Paul,

a municipal corporation, Defendant.

TO: (Name and address

of Defendant)

SUMMONS IN A CIVIL CASE

CASE NUMBER:

O8-490 JRT/FLN

City of Saint Paul, 15 West Kellogg Blvd., 390 City Hall, St. Paul, MN 55102.

YOU ARE HEREBY SUMMONED

and required to serve upon PLAINTIFF'S ATTORNEY (name and address)

John R. Shoemaker

Shoemaker

Shoemaker, P.L.L.C.

Centennial Lakes Office Park

770

France Avenue South

Suite 200

Edina,

55435

an answer to the complaint which is herewith served upon you, within twenty (20) days after service of this

summons upon you, exclusive ofthe day ofservice. Ifyou fail to do so, judgment by default will be taken against you for

the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable

period oftime after service.

fIB

2 2 2008

DATE

ALSO FOUNDCM/ECF

McCampbell-Raven v. City St. Paul US Dist.08cv490 JRT/FLN

2008-02-24T10:49:00.000-08:00

News a

Click here: Sharons-Copywrite Nancy Lazaryan T-5-07-24818 Mon.25Feb07 for Jury Trial before Judge VanDeNorth as found at http://www.co.ramsey.mn.us/

Good luck in Court tomorrow I'm sure your aware of Ravene Management Suit, it may be wise in your criminal case to have lawyer John R. Schoemaker on Pro Bono or Stand By for you jand or notify your DSI Crim Case to the reporter.

Protect yourself before court.in the event of Removals to Federal Court

News 39 matches

Sharon Scarrella Anderson

Join the community

AOL

Court Doc found at www.mnd.uscourts.gov

, the public, reporters need a Pacer and ECF accouns. http://sharons-copywrite.blogspot.com also found at http://ademocracy.blogspot.com
The Issues for Public education now in McCampbell dba Raven Property Management LLc v. City St. Paul file 08cv490 JRT/FLN means Federal Judge James Rosenbaum and Noel Floyd(sp)
1. Issues of Civil, Criminal Rights violations
forensic evidence by Bloggers,
2. Constitutionality of Citys "taking" Realestate, Business's, contrary to the Commerce Clause for Citys Pecuniary Gain
3. These Criminal Acts by DSI brings into play the corruption of City Attorneys who are overlookng, misapplying State and Federal Laws, without "due process", Just Compensations etc.
Further found at http://sharon4council.blogspot.com

St. Paul landlord files racial-bias suit, alleging city sought to drive out low-income black renters, their landlords (58%)
02/23/2008 - An Eagan man who owned and managed low-income apartments in St. Paul has sued the city, alleging that officials subjected his buildings to "discriminatory and illegal" code enforcement actions similar results

BY EMILY GURNON Pioneer Press

Property owner sues St. Paul for 'discriminatory and illegal' housing code enforcement (55%)
02/23/2008 - An Eagan man who owned and managed low-income apartments in St. Paul has sued the city, alleging that officials subjected his buildings to "discriminatory and illegal" code enforcement actions similar results

BY EMILY GURNON Pioneer Press

Search Results When searching paper, use reporters name to find articles

StarTribune.com Search

St. Paul sued on housing enforcement 02/23/2008

DAN BROWNING
An Eagan property manager alleges city leaders are trying to keep out poor tenants. An official says that's not happening.

Candidate Profile FCC Complaints - Google Search Times v. Sullvian Libel with malice - Google Search BlogItBabe2007 Candidate profile Sharon4Anderson's Legal BlogBriefs Sharon4Anderson St.Paul City Council Ward2 SA-Blogs2007 Blogger: Dashboard
LEGAL NOTICE: /s/Sharon4Anderson@aol.com ECF_P165913Pacersa1299 telfx: 651-776-5835: Document's are based on SEC filings, current events, interviews, press releases, and knowledge gained as financial journalists, Private Attorney Generals, Candidates for Public Office documents expressly forbids its writers from having financial interests in securities they recommend to readers, affiliated entities, employees, and agents an initial trade recommendation published on the Internet, after a direct mail publication is sent, before acting on that recommendations, and may contain errors. Investment decisions should not be based solely on theseSHARON-MN-ECF: Judges-Greylord-Libby-Guilty LUFSKY Scap129FAnokaP2697(1976) Cpl James R. Anderson USMC 11022885 Bio for Sharon Anderson , TAKING DL_AOL Journal Legal Eagle SharonAnderson 1 Journalism Ethics Blogger: 1986 Petition Jane Duchene MN Bull SharonScarrellaAndersonUSBriefs - Buzznet Sharon'sFedCases1973to2006_13pdf Anderson

Delicious ideas to please the pickiest eaters. Watch the video on AOL Living.

rticles

Sharons-Copywrite v. Copyright

2008-02-23T07:48:00.001-08:00

Disclaimer: Court Files used for Educationa purposes: Open content - Wikipedia, the free encyclopedia
attrition:to Lawyer John R. Schoemaker 7701 Francy Ave. S #200 Edina MN 5543
Reporters Chris Haven,Dan Browning- http://www.startribune.com/ 23Feb08 651-673-4493
" " Emily Gurnon at http://www.twincities.com/ egurnon@pioneerpress.com 651-228-5522
Bloggers: Bobby Johnson at http://www.ademocracy.blogspot.com/
" Sharon Anderson at http://www.sharons-copywrite.blogspot.com/ http://www.sharon4council.blogspot.com/ Sharon4Anderson@aol.com 651-776-5835
Please email this to everyone on your email list and blind copy me will you Sharon?
Thanks
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0802SummonsandComplaint.pdf‎ (file size: 731 KB, MIME type: application/pdf)

Robert McCampbell & Raven Property Managment LLC-Plts v. Cityh St. Paul S&C Description=Title VIII Fair Housing Act 42 USCs3501 1968 and 42USC se. 1981,82,83 Source=Court File 08W490 JRT/FLN Date=22fEB08 Location=St. Paul Minnesota Author= Public Domain Permission=Yes Untagged other_versions=public domain

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Sharons-Copywrite

Susan Berkovitz Writ HB Public Domain

Susan Rae Berkovitz v. State of Minnesota

McCampbell dba Raven Management v. City St. Paul 08cv490/JRT/FLN

McCampbell-Raven v. City St. Paul US Dist.08cv490 JRT/FLN

St. Paul sued on housing enforcement 02/23/2008

Sharons-Copywrite v. Copyright

Image:0802SummonsandComplaint.pdf

From Wikipedia, the free encyclopedia If deleted Sharons Disclaimer is
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educational with STanding as VA Widow,Whistleblower and Victim by city of St. Paul

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Sharons-Copywrite

Susan Berkovitz Writ HB Public Domain

Susan Rae Berkovitz v. State of Minnesota

McCampbell dba Raven Management v. City St. Paul 08cv490/JRT/FLN

McCampbell-Raven v. City St. Paul US Dist.08cv490 JRT/FLN

St. Paul sued on housing enforcement 02/23/2008

Sharons-Copywrite v. Copyright

Image:0802SummonsandComplaint.pdf

From Wikipedia, the free encyclopedia If deleted Sharons Disclaimer is It has been suggested that free content be merged into this article or section. (Discuss)educational with STanding as VA Widow,Whistleblower and Victim by city of St. Paul

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From Wikipedia, the free encyclopedia If deleted Sharons Disclaimer is
It has been suggested that free content be merged into this article or section. (Discuss)
educational with STanding as VA Widow,Whistleblower and Victim by city of St. Paul