blog

THE IMPORTANCE OF BURDEN OF PROOF SHIFTING

Prior to trial, you had a 75% chance of winning. That is beyond the reasonable
doubt standard in law. The burden of proof rested completely on the government. So how
did the prosecutor (illegally) shift the burden of proof? In IRS cases, for example, they file
motions in limine to prevent you from presenting the real law to the jury; such as Title 26
was never passed into law because the implementing regulations relate to Title 27, Alcohol,
Tobacco, and Firearms, not Title 26. Or the income tax is an indirect tax, not a direct tax.
The Motion in Limine bars you from presenting the law of the case to the jury. The
prosecutor claims that the law you present will just confuse the jurors. The other way the
prosecutors attempt to shift the burden of proof is to cheat. Any discovery they have that
proves you innocent, they hide and only give you the evidence they want you to see. If
audios or computerized documents are involved, they alter and delete any evidence that is
favorable to you. That is why you need an expert witness.


So, before trial, you have a 75% chance of winning. After the trial, your odds of
winning drop from 75% to 25% or less. Now the burden of proof is on you. And sadly,
most prisoners want to re-litigate the facts. However, appellate courts don’t want to hear
the facts. Facts were determined in the district court. The only thing they want to hear are
errors of law No wonder you can’t win on appeal! You are trying to reargue the facts
when they have already been decided. Unless you have newly discovered evidence, the facts
are proven.


So how do you win? You present issues that shift the burden of proof to the
government. That is done by challenging jurisdiction (which can be raised at any time),
structural error, violations of Due Process, and fraud on the court. If you don’t
understand how to play the game, then you will not win in post-conviction.
Contact Lawful Remedies, Number One in Post-Conviction Relief.