3f? rtl?V?Ea J. STATE OF LOUISIANA ?3 CRIMINAL DISTRICT COURT VERSUS mama,? 1? SH 0F ORLEANS 31"" "In - KEITH MCGUIRE CASE NO. 533-215 SEC. FILED: DOCKET CLERK PETITION FOR THE GREAT WRIT OF HABEAS CORPUS AD SUBJICIENDUM NOW INT 0 COURT, comes Anthony J. Ibert, an American citizen, by right of birth, who respectfully presents this application for the issuance of the Great Writ of Habeas Corpus ad Subjiciendum, pursuant to United States Constitution, Article I, Section 9; Louisiana Constitution Article I, Section 21 and Louisiana Code of Criminal Procedure Article 351 et seq. and shows the following facts, to wit: 1. Keith McGuire is incarcerated in the jail of Orleans Parish, State of Louisiana; and, 2 Petitioner was arrested on the 6th day of March, 2017. 3. That said arrest was illegal and in violation of McGuirei?s Constitutional right to be ?ee ?'om unreasonable searches, seizures and detentions pursuant to US. Constitution, 4th Amendment, Louisiana Constitution Article I, Section 5; and, 4. Law Enforcement Authorities had no legal right to question or detain Petitioner absent the existence of Probable Cause, fear for their safety, or an arrest; and, 5. The Material Witness Warrant issued for McGuire in paragraph 11 states that McGuire failed to appear subject to a La. Art 66 subpoena. No application for such a subpoena exists in the record of State v. Bibbins, 523-972 as of inspection of the record at 1 1:30am on March 9, 2017. La. Art 66 states: Art. 66. Subpoena of witness to appear before attorney general and district attorney A. Upon written motion of the attorney general or district attorney setting forth reasonable grounds therefor, the court may order the clerk to issue subpoenas directed to the persons named in the motion, ordering them to appear at a time and place designated in the order for questioning by the attorney general or district attorney respectively, concerning any offense under investigation by him. The court may also order the issuance of a subpoena duces tecum. Service of a subpoena or subpoena duces tecum issued pursuant to this Article upon motion of the attorney general may be made by any commissioned investigator from the attorney general's office, or in conformity with Article 734 of this Code. B. The contumacious failure or refusal of the person subpoenaed to appear is punishable as a contempt of court. C. The attorney general or district attorney, respectively, may determine who shall be present during the examination and may order all persons excluded, except counsel for the person subpoenaed. 6. Upon information and belief the subpoena generated for McGuire?s March 3, 2017, appearance 10 AH, 33.50 at the District Attorney's O?ice were generated by the Court Notify System and not by the Clerk of Court and without the order of the Criminal District Court and a showing of good causes. 7. Upon information and belief the Court Notify System?s operating agreements does not extend to civilian wimms and no subpoena for a civilian should be issued from the system. 8. ofhis ability to give his deposition as allowed in La. R.S. 15:258 and La. 15:259. 9. Assistant District Attorney Popovich also moved to avert McGuire?s appearance before a judge on March 9, 2017, asking that McGuire?s case be set on March 13, 2017, outside the 72 hour lime ?ame required by Ger-strain v. Pugh, 420 vs. 103,95 3. Ct. 354, 43 L. Ed 2d 54 (1975). WHEREFORE, petitioner prays that this Honorable Court should and ought to issue its Great Writ of Habeas Corpus ad Subjiciendum directed to Sheri?? of Orleans Parish, State of Louisiana, requiring him to release from custody and deliver within Seventy-Two (72) Hours for an evidentiary hearing on this matter. (See Gwstein v. Pugh, 420 US. 103,95 S. Ct 854, 43 L. Ed. 2d 54 (1975); Louisiana Constitution Article I, Section 21; Louisiana Art. 354). Respectfully submitted, NCE, JR., ASSOCIATES, L.L.C. anthonyi @lawrence-law.com 303 South Broad Street New Orleans, LA 70119 Telephone: (504) 822-1359 Facsimile: (504) 822-3861