The case against Kathleen Jacobson runs a collision course with Due process. In examining the instances of the case is a case of the opposites¡Xif due process calls for a speedy trial with witnesses, and exchanged discovery, and effective legal assistance. The charge she faces is ¡§battery upon a household member¡¨. It arises from an incident in July, 2007, where she was arrested and charged before the Magistrate Court. The case has several irregularities¡Xeach of which results in invidious discrimination. Beginning is that the case ¡§ has been filed¡¦ not as an appeal in accordance to the Rules of the State to assure that a criminal charge complies with the equal protection rights which are due every citizen in every case without exception or prejudice. What stands before the District court is the result of an appeal of a trial in the Magistrate¡¦s Court. That is within the statutory review process and its intent is to review the question, did Ms. Jacobson receive ¡¥effective legal assistance¡¨ before the Magistrate¡¦s Court. Such appeals are ¡¥civil procedures¡¦ determined as a question of law applied in a particular set of circumstances. ¡§Effective legal assistance ¡¥is one of the Guarantees of the United States Bill of Rights and in the New Mexico Bill of Rights. A Defendant¡¦s Account Ms. Jacobson stated her factual story beginning with on July 29, 2007, Robert medrano (¡§the alleged victim¡¨) asked her if he could stay at her home on July 30th as ¡§he would be a lot closer to his job at Labor Ready on Fifth street in Santa Fe rather than his own residence out on Airport Road. She maintained that Mr. Medrano came over about 8 or 9 pm on the 30th, and she, her daughter ( age 12) and Mr. Medrano headed to bed about 10:30 to 11. The next morning she went about her household tasks. Mr. Medrano, rather than an early leave to Labor Ready, ¡§stayed in bed and rested until 2 or 3 pm in the afternoon¡¨. She denied sexual relations with him as he had claimed : ¡§This is absolutely not true¡¨ . Between 4 and 5pm on the 31st, according to Ms. Jacobson, she prepared a home made meal of steamed rice and shrimp. She served Mr. Medrano , her daughter and herself the meal. At about 5:30 p.m. her friend Daniel van Fleet rode his bicycle to her residence for a visit. She stated that she was happy to see him, but nervous because ¡§Mr. Medrano used to get extremely ¡¥bent out of shape¡¦ when other male friends were present.. According to Ms. Jacobson , Mr. Medrano ¡§ got vastly jealous and possessive and that is how he reacted upon learning of Mr. Van Fleet¡¦s presence in our home¡¨ ¡§Although he joined joined Daniel , me and Gabriella ( her daughter) outside into our yard, he was an extremely negative presence¡Xmaking rude comments and calling us names Shortly thereafter, Mr. Van fleet rode his bicycle to Owl liquors and purchased a twelve pack of beer. In the meantime, Mr. Medrano ¡§had simply disappeared¡¨¡Xhaving gone to the church across the street to gain some solace. Upon Mr. van Fleet¡¦s return, he and Ms. Jacobson had a beer. Mr. Moreno returned shortly thereafter and ¡§grabbed a beer¡¨. Knowing that Mr. Medrano takes certain medications, Ms. Jacobson asked him if that was a good idea? Mr. Medrano stated ¡§its only one¡¨. ¡§It appeared to me that Mr. Medrano was trying to be ¡¥a man¡¦ in front of Mr. Van Fleet. It wasn¡¦t long before Ms. Jacobson asked Mr. Medrano to leave. ¡§He went into my bedroom to pack his bag, and came out into our living room carrying his stuff. Mr. Medrano began to verbally assault us. ¡§ he went out our front door and placed his bags close to our front porch, in the driveway, then came back yelling screaming and shouting obsenities. ¡§Gabriella and Daniel stepped out into the driveway to try and get away. I followed them also. Daniel, Gabriella and I tried to calm Mr. Medrano and continued to ask him to leave. This seemed to make Mr. Medrano even more angry¡¨. ¡§Mr. Medrano punched Daniel and stated ¡§I¡¦m going to kill you¡¨. I stepped between them but to no avail.¡¨ ¡§ Mr. Medrano was pacing our yard, walking back and forth between our house and the street yelling ¡§CALL THE COPS¡¨,etc. Daniel, Gabriella and I proceeded back into our home. Mr. Medrano ¡§came back onto our property and entered the front porch„mMr. Medrano began to break our stuff while continuing his verbal assault. I went out to try and calm him again. ¡§It was at this time that Mr. Medrano lunged at me, and I reacted in self defense, scratching his face. ¡§Mr. Medrano then caught me in another small enclosed space by the fence that enters our backyard. There was no where for me to escape. Once again, he lunged at me and I bit him on the chest. I did not chase after him. he attacked/ assaulted me and I defended myself„m ¡§Mr. Medrano then went out to the street once again. I told him that I was going to call his mother right away and have her come and pick him up immediately. Just before I entered our home , Mr. Medrano yanked my tube top down, and displayed my breasts in front of our neighbor across the street, and to my daughter. He ripped my top slightly.¡¨ ¡§I went inside and locked both doors proceeded to call his mother„mwhen no one answered , I left a voicemail and described what was transpiring„m Approximately, 20 minutes to half an hour after the assault began 2 Santa Fe Police Officers arrived in two separate cars. Officer van EttenOfficer knocked at our door, and I answered immediately. I stepped outside and spoke to the officer. I recalled the sequence of events and that on many occasions calling law enforcement ¡§is a waste of time¡¨ and beyond pointless¡XI explained to the Officer that I am frightened to call law enforcement. I explained ¡§I¡¦m extremely traumatized by law enforcement officials because it has been my bad experience that they are often not fair with Native folk/ persons of color. I furthered to the officer that I have P.T.S.D. and because of the event that had just taken place I was in a haze. Officer van Etten then went out to the street and out of sight behind the next door neighbor¡¦s tall hedge and was speaking with Officer Sabidres, who was questioning Robert Medrano. ¡§About ten minutes transpired, and Officer Van Etten came back and told me to turn around and proceeded to handcuff me. I was put under arrest. Robert Medrano was wanted on an outstanding warrant for his Arrest and put into Officer Salbrides¡¦ police car.An ambulance arrived and the EMT¡¦s attended to Mr. Medrano¡¦s injuries. Ms. Jacobson was taken to the Santa Fe county Jail where she was booked and charged upon a complaint of Officer van Etten for ¡§Domestic battery of Household member¡¨ ( Sec 30-3-15) Trial Process On August 2, 2007 Kathleen Jacobson appeared before Judge George Anaya of the magistrates Court of Santa Fe. A bond was set of $5000,surety with conditions not to possess firearms. Consume alcohol; violate criminal law, avoid contact with the alleged victim, etc. On August 10, 2007, an order of appointment of a Public Defender provided that the defendant was indigent and is unable to obtain counsel. On August 16, 2007 , ¡§an entry of appearance, motion for Discovery#1 and demand for Speedy trial¡¨ was filed by Elena Moreno, an assistant public defender. The filing which recited ¡§Rule - 5-604 of the Criminal Procedure of the Magistrate¡¦s Court, Brady v. Maryland, 373 U.S. 83 (1963), US v. Bagley Between that time and January 14, 2008 the defendant had little contact with her public defender, although she made repeated telephone calls and wrote numerous letters. Telephone calls were not returned, and the letters were not responded too. Contact was limited to the several ¡§status hearings¡¨¡Xwhich were formalized court calls where the public defender stood with the defendant or the formalized provision of ¡§trial settings requests¡¨. Face to face discussion of the issues and charges were deferred with statements: ¡§They¡¦ll probably dismiss this¡¨, ¡§I have other cases I have to work on now¡¨, ¡§We¡¦ll get to that later. Right now we have to do this¡¨. In December , 2007, the District Attorney issued subpoenas upon the State¡¦s witnesses: Modrano, and Officers van Etten and Salbrides. On January 11, 2008, the Friday before the scheduled trial, Ms.Jacobson and Ms. Moreno met to prepare for the trial. Primarily, that was a discussion and review o the circumstances, followed by reassurances that the trial will be before jury, and that she was well prepared for their selection. On January 14, the trial began with jury selection at 8:30. A six person jury was impaneled and one alternate juror selected.. Opening statements made. Mr. Medrano was asked to take the stand first At approximately 10:45 am the court recessed until 1:15 pm. Questioning of Mr Modrano continued after the lunch. Following his testimony Officers van Eetten and Salbrides were called by the State. A recess was called after the officers testimony. Thereafter the defense presented its ¡¥case¡¨: solely the testimony of Ms. Jacobson. Her testimony continued until approxiamately 5:15 p.m. The jury were then instructed to provide a verdict. At about 5:40 pm, it returned with a verdict of guilty. The jury found Ms. Jacobson ¡§guilty¡¨ of battery of a household member. Sentencing was scheduled for January 30, 2008. The next day, Ms. Jacobson in a combined sense of shock of finding and stress over the effect of her family life, Ms. Jacobson demanded the Public defender do ¡¥something¡¦. On January 28, 2008, Ms. Jacobson provided the Public defender¡¦s Office with a notice ¡§to stay the sentencing pending the appeal¡¨ ¡§on the basis of ¡§lower Court error and substantial ineffective assistance¡¨ . It also provided a listing of professional responsibilities and specific events to ¡§cite ineffective assistance of counsel. The Public Defender¡¦s Office provided a ¡§6-703 Request¡¦ on the Sentencing date, January 31, 2008 . The request for ¡§trial de novo¡¨ didn¡¦t cite any rational ¡§such as Ms. Jacobson sense that the trial counsel was ineffective, irresponsible, and unresponsive¡¨ . While Ms. Jacobson¡¦s sense of violation produced a ¡§district Court trial¡¨ or quasi appeal, it also had the effect of ¡§providing that Ms. Jacobson was ¡§disgruntled, uncooperative, and the personnel of the Public defender¡¦s Office was making the request reluctantly. On January 31, 2008, The Magistrate¡¦s Court rendered a judgment finding the jury verdict of guilty. It imposed a sentence of 365 days , suspending 335 days, deducting for four days credit in jail, and imposing the balance of 26 days to be executed. On February 7, 2008, the Magistrate Court issued an order to transfer the case to the District Court. The case was re-filed as a criminal charge in the manner that felony arraignments are transferred to the District Court. Recitation of Rule 6-703 Appeal. A. Right of appeal. A party who is aggrieved by the judgment or final order in a criminal action may appeal, as permitted by law, to the district court of the county within which the magistrate court is located. The notice of appeal shall be filed in the district court within fifteen (15) days after the judgment or final order appealed from is filed in the magistrate court clerk's office. The three (3) day mailing period set forth in Rule 6-104 NMRA does not apply to the time limits set forth above. A notice of appeal filed after the announcement of a decision, or return of the verdict, but before the judgment or order is filed in the magistrate court clerk's office, shall be treated as timely filed. Notwithstanding any other provision of this rule, no docket fee or other cost shall be imposed against the state or its political subdivisions or against a defendant who is represented by a public defender or court appointed counsel. B. Notice of appeal. An appeal from the magistrate court is taken by: (1) filing with the clerk of the district court a notice of appeal with proof of service; and (2) promptly filing with the magistrate court: (a) a copy of the notice of appeal which has been endorsed by the clerk of the district court; and (b) unless the appeal has been filed by the state, a political subdivision of the state or by a defendant represented by a public defender or court appointed counsel, a copy of the receipt of payment of the docket fee. C. Content of the notice of appeal. The notice of appeal shall be substantially in the form approved by the Supreme Court. D. Service of notice of appeal. At the time the notice of appeal is filed in the district court, the appellant shall: (1) serve each party or each party's attorney in the proceedings in the magistrate court with a copy of the notice of appeal in accordance with Rule 5-103 of the Rules of Criminal Procedure for the District Courts; and (2) file proof of service with the clerk of the district court that a copy of the notice of appeal has been served in accordance with Rule 5- 103 NMRA. E. Docketing the appeal. Upon the filing of the notice of appeal and proof of service and payment of the docket fee, if required, the clerk of the district court shall docket the appeal in the district court. F. Record on appeal. Within fifteen (15) days after the appellant files a copy of the notice of appeal in the magistrate court pursuant to Paragraph B of this rule, the magistrate court shall file with the clerk of the district court the record on appeal taken in the action in the magistrate court. For purposes of this rule, the record on appeal shall consist of: (1) a title page containing the caption of the case in the magistrate court and the names and mailing addresses of each party or, if the party is represented by counsel, the name and address of the attorney; (2) a copy of all papers and pleadings filed in the magistrate court; (3) a copy of the judgment or final order sought to be reviewed with date of filing; and (4) any exhibits. The magistrate court clerk shall give prompt notice to all parties of the filing of the record on appeal with the district court. Any party desiring a copy of the record on appeal shall be responsible for paying the cost of preparing the copy. G. Correction or modification of the record. If anything material to either party is omitted from the record on appeal by error or accident, the parties by stipulation, or the magistrate court or the district court, on proper suggestion or on its own initiative, may direct that the omission be corrected and a supplemental record transmitted to the district court. H. Conditions of release. At the time of the entry of the judgment and sentence, the magistrate court shall review the conditions of release pending appeal to assure the conditions are sufficient to secure the appearance of the defendant and the judgment of the magistrate court. The magistrate court may utilize the criteria listed in Paragraph B of Rule 6-401 NMRA, and may also consider the fact of defendant's conviction and the length of sentence imposed. The conditions of release shall be included on the judgment and sentence. A defendant released pending trial shall continue on release pending an appeal to the district court under the same terms and conditions as previously imposed, unless the court determines that other terms and conditions are necessary to assure the defendant's appearance or to assure that the defendant's conduct will not obstruct the orderly administration of justice. In the event the court requires a bail bond in the same amount as that established for release pending trial, the bond previously furnished shall continue pending appeal or disposition of a motion for a new trial, unless the surety has been discharged by order of the court. If the court determines that the previously imposed conditions are not sufficient to assure the appearance of the defendant or the orderly administration of justice, the court may increase the amount of the bond on appeal or terminate the conditions of release to assure the appearance of the defendant or the orderly administration of justice. Nothing in this rule shall be construed to prevent the court from releasing a person not released prior to or during trial. Upon filing of the notice of appeal, the bond shall be transferred to the district court pending disposition of the appeal. The district court shall dispose of all matters relating to the bond until remand to the magistrate court. I. Review of terms of release. If the magistrate court has refused release pending appeal or has imposed conditions of release which the defendant cannot meet, the defendant may file a petition for release with the clerk of the district court at any time after the filing of the notice of appeal. A copy of the petition for release which has been endorsed by the clerk of the district court shall be filed with the magistrate court. If the district court releases the defendant on appeal, a copy of the order of release shall be filed in the magistrate court. J. Trial de novo appeals. Trials upon appeals from the magistrate court to the district court shall be de novo. K. Notice; trial de novo appeals. In trial de novo appeals, the clerk of the district court shall give notice to all parties of the time and date set for a trial de novo not less than ten (10) days prior to the date set for trial. If the defendant is represented by counsel, the clerk shall give written notice to the defendant and the defendant's counsel. Notice to the defendant shall be mailed to the defendant's last known address. L. Disposition; time limitations. The time for trial in the district court on a de novo appeal shall be within six (6) months after the filing of the notice of appeal or the events described in Subparagraphs (2), (3), (4) or (8) of Paragraph B of Rule 5-604 NMRA of the Rules of Criminal Procedure for the District Courts. Any appeal pending without disposition upon expiration of the time for trial shall be dismissed and the cause remanded to the magistrate court for enforcement of its judgment. M. Extension of time. The time limit specified in Paragraph L of this rule may be extended one time for a period not exceeding ninety (90) days upon a showing of good cause to a justice of the Supreme Court. The party seeking an extension of time shall file with the clerk of the Supreme Court a verified petition for extension concisely stating the facts petitioner deems to constitute good cause to extend the time period for trial. The petition shall be filed within the six (6) month period, except that it may be filed within ten (10) days after the expiration of the six (6) month period if it is based on exceptional circumstances beyond the control of the party or trial court which justify the failure to file the petition within the six (6) month period. A party seeking an extension of time shall promptly serve a copy on opposing counsel. Within five (5) days after service of the petition, opposing counsel may file an objection to the extension setting forth the reasons for the objection. No hearing shall be held except upon order of the Supreme Court. If the Supreme Court finds that there is good cause for the granting of an extension beyond the six (6) month period, it shall fix the time limit within which the defendant must be tried. No other extension of time shall be allowed. N. Procedure on appeal. Unless there is a conflict with this rule or Rules 6-702 NMRA, 6- 704 NMRA or 6-705 NMRA of these rules, the Rules of Criminal Procedure for the District Courts [5- 101 NMRA] shall govern the procedure on appeal from the magistrate court. O. Disposal of appeals. The district court shall dispose of appeals by entry of a judgment or order disposing of the appeal. The court in its discretion may accompany the judgment or order with a formal or memorandum opinion. Opinions shall not be published and shall not be used as precedent in subsequent cases. A mandate shall be issued by the court upon expiration of whichever of the following events occurs latest: (1) fifteen (15) days after entry of the order disposing of the case; (2) fifteen (15) days after disposition of a motion for rehearing; or (3) if a notice of appeal is filed, upon final disposition of the appeal. P. Remand. Upon expiration of the time for appeal from the judgment or final order of the district court, if the relief granted is within the jurisdiction of the magistrate court, the district court shall remand the case to the magistrate court for enforcement of the district court's judgment. Q. Appeal. Any aggrieved person may appeal from a judgment of the district court to the New Mexico Supreme Court or Court of Appeals, as authorized by law in accordance with the Rules of Appellate Procedure [12-101 NMRA]. The conditions of release and bond approved or continued in effect by the district court during the pendency of the appeal to the district court shall continue in effect pending appeal to the Court of Appeals, unless modified pursuant to Rule 12-205 NMRA of the Rules of Appellate Procedure. R. Return of record. After final determination of the appeal, the clerk of the district court shall return the record on appeal to the magistrate court clerk. Bench Mark Book of Procedure of Appeal New Mexico¡¦s Judicial education center provides a ¡§best practices¡¨ overview. 1. A defendant convicted in a criminal case must be informed of the right to appeal at the time of entry of judgment and sentence or final order on criminal complaint. The defendant may appeal to district court. Sections 34-8A-6 and 35- 13-1; Magis. Ct. R. 6-703(A); Metro. Ct. R. 7-703 (A). 2. The prosecution may also file an appeal to the district court. Magis. Ct. R. 6-703(A); Metro. Ct. R. 7-703(A); Smith v. Love, 101 N.M. 355 (1984) (explaining the state¡¦s constitutional right to appeal adverse decisions). 3. The appeal must be filed in the district court within 15 days after entry of the judgment or final order by any aggrieved party. 4. The defendant (or another appellant) files a notice of appeal form and proof of service with the district court. Criminal Form 9- 607 (Notice of Appeal). The defendant-appellant pays the docket fee or submits an affidavit of indigency; the prosecution is not required to pay a docket fee on appeal. Section 39-3-12 (regarding free process in appeals); Magis. Ct. R. 6-703(A) & (E); Metro. Ct. R. 7-703(A) & (E). 5. Upon docketing in the district court, the defendant must also promptly file in the metropolitan or magistrate court an endorsed copy of the notice of appeal and, unless the defendant has a court appointed counsel or a public defender, or the appeal is by the government, a copy of the receipt for payment of the docket fee. Magis. Ct. R. 6-703(B) & (D); Metro. Ct. R. 7-703(B) & (D). The defendant or other appellant then serves a notice of appeal to each party in the action or the attorney for any party in the action. Transcript of Proceedings (Magis. Ct. R. 6-703 (F); Metro. Ct. R. 7-703(F)) 1. The magistrate or metropolitan court sends a transcript of the proceedings to the clerk of the district court within fifteen days after the filing of the notice of appeal. The court also sends any order that fixes the conditions of release and bond. 2. The transcript includes: a. A title page containing the caption of the case in the magistrate or metropolitan court and the names and mailing addresses of counsel; the copy is filed with the district court and the original is retained by the court. Magis. Ct. R. 6-703(F); Metro. Ct. R. 7-703(F); Crim. Form 9- 608 (Title Page of Transript of Criminal Proceedings and Certificate). b. Copies of all pleadings and any exhibits, including the criminal complaint, criminal summons and arrest warrant, if any. c. A copy of the judgment or order sought to be reviewed, with the date of filing noted on the copy. And, d. The record of the trial, if any. Conditions of Release (Magis. Ct. R. 6-703(H); Metro. Ct. R. 7-703(H)) 1. A defendant released before trial must continue on release during an appeal to the district court under the same terms and conditions as previously imposed, unless the court determines that other terms and conditions are necessary to assure the defendant¡¦s appearance and the orderly administration of justice. The judge may use the usual bail criteria and may also consider the conviction and the length of sentence imposed. 2. If the court requires a bail bond in the same amount as that used for release pending trial, the previous bond continues pending appeal or disposition of a motion for a new trial, unless the court has ordered the surety discharged. 3. If the court decides that the previous conditions are not sufficient to secure the defendant¡¦s appearance or the orderly administration of justice, the court may increase the amount of bond on appeal or terminate the conditions of release. 4. The court may release a person after judgment or sentence who was not released prior to or during trial. 5. The conditions of release must be included on the judgment and sentence. Disposition. Time Limitations. (Magis. Ct. R. 6-701, 6-702, and 6-703(J); Metro. Ct. R. 7-701, 7-702, and 7-703(J)) Note: Subsection D is for information only. The procedures described here take place in district court. 1. All de novo appeals in district court must be tried within six months after the filing of the notice of appeal. It is the responsibility of the defendant to obtain a trial date within that period; if the case is not heard within six months, the appeal is dismissed and the case remanded to the court for enforcement of its judgment and sentence. 2. The court may grant one extension of up to 90 days upon application to the Supreme Court, but only upon a showing of good cause. Magis. Ct. Rules 6-701, 6-702 and 6-703(M); Metro. Ct. Rules 7-701, 7-702 and 7-703(M). a. The party seeking the extension must make an application within the six- month period. b. A certified petition setting forth the facts that constitute good cause must be filed with the clerk of the Supreme Court. c. A copy of the petition must be served on the opposing party. ¡PThis case has furthered a wayward trial process, whereby the case is being ¡§discovered¡¨ with irrelevant arguments, absent vital testimony and all sorts of contradictory. The very mechanism of filing as variated from the best practices has resulted in multiple charges ( double jeopardy ) Contrary Discussion and Review: Jacobson I. Ineffective Legal Assistance The Sixth Amendment guarantees the right to reasonably effective counsel. ( USCA VI) To establish ineffective assistance of counsel, a defendant must show : (1) counsel¡¦s performance was deficient, and (2) the deficient performance prejudiced the defense. (USCA VI, State v. Hunter 140 NM 406, 2006, NMSC-043) . Trial counsel in general is presumed to have provided ¡§effective legal assistance¡¨ ( State v. Bernal 140 NM 644 (2006) . Yet , in the instant matters, the course and conduct of the court appointed Public Defenders Office falls below a reasonableness for which effective legal assistance can be determined and effects the defendant¡¦s liberty and continuing trial rights and with prejudice. The gravity is the vitality of Constitutional Amendment VI-and its complimentary article in the state constitution A. Matter is presented to the District Court for review of ¡§the ineffective trial rights¡¨ provided in magistrate Court in a hearing upon a charge of Domestic battery. B. Given the circumstances and the charges, ¡¥effective legal assistance¡¦ would have provided a clear and succinct defense: those effects that are charged are of ¡§duress¡¦ C. Duress is a legal defense in New Mexico. As applied, it should have called for witnesses to the showing: 1. ¡§Victim¡¨ does not fall within the definition of household member as required under statute. 2. ¡§Victim has a history of violence and mental illness and had repeatedly exhibited behavior of stalking the ¡¥accused¡¨ and her 12year old daughter. 3. Witness to the events and the character of the parties were neither properly examined or presented by the ¡§public defender¡¨. D. The proceedings before the District Court while providing ¡§procedural form¡¨ has not addressed the issue which was presented, ¡§that the trial rights or due process was assured¡¨ or not. Instead, the case has been filed as a ¡§criminal complaint¡¨ before the District and extended as if it is a trial de novo¡Xand limitless extended in time over one year and beyond a speedy trial as required. E. That bears that the proceedings are ¡§prosecutorial abuse¡¨. It has an effect of repeating the ¡§nightmarish trauma¡¨ or revictimizing the victim in a false prosecution¡X and assigning a ¡§public defender¡¨ who merely receives service of notices but provides ¡§the default defense¡¨. F. Contrasting the extended time and efforts before the Court , and the gravity of the charges, effective legal assistance should have produced or efforted a bonafide term of agreement, such as a plea to ¡§public disturbance¡¨ and/or similar disposition. The charge is of a battery of a household member„m This is not the case, though Mr. Moreno may have ¡§stayed the night¡¦--- but that is a leap, in the reality of ¡§domestic¡¦¡Xsharing meals, beds, bathrooms, checking accounts, and whole residences, regularly and habitually, that a reasonable person would conclude that the people are ¡§related¡¦. New Mexico law may include a form of definition for which any person could be attached as a domestic incident, but the relationship has to be for a formal charge of domestic charge. That has yet to be established. Mr. Medrano the ¡§alleged victim¡¨ is a Hispanic male, residing in a separate address¡Xand at which he receives regular social security payments for disability. It has been described in the petitions before the court as result of stress disorder arising in Mr. Medrano¡¦s youth. The State therefore has not only misfiled the matter of review as criminal, but proceeded upon charges which are as ¡¥domestic battery¡¦ without a showing of the elements of the charges. It is as if the arraignment process not be necessary because the ¡§defendant knows what she did¡¨. It is highly prejudicial to proceed to trial on an account of domestic violence without the establishment of elements. Instead, the discussion before the court has been upon the ¡§changes necessary for the public defender¡¨ with statements that the defendant is uncooperative. And without some type of settlement offer, the circular preliminary process of the additional charge found ¡§time running out¡¨ and an unopposed extension for exception to a speedy trial, which was granted. Due process is violated if a practice or rule ¡§offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.¡¨ Snyder v. Massachusetts, 291 US 97,105 (1934). II. These proceedings are offensive. The State¡¦s prosecution relies upon form rather than the substance of evidentiary statements and discovery. The very issue that produced the District Court case: ineffective legal assistance has not been addressed, and can be simply proven¡X if the process provide a fundamental fairness that has been absent. And as that has been , there should be a dismissal, with a prohibition upon further prosecution. It is over 365 days, and now contrary to ¡§speedy trial requirements.¡¨ The problem is the prejudice which the Court maintains in providing barriers to the fullness of the issues. It is a problem that frustrates the public, just as it provides no venue to defend. That prejudice may be invidious, and as the commonplace of practices long in standard, but they promote no better a justice than equally bad for all. That is not the justice that is required. Certainly, the legal spin and indifferences which Ms. Jacobson has been through is not a process which fits effective counsel, based upon one simple fact: the gravity of the charges upon the efforts in its prosecution. When we weigh the charges as a misdemeanor upon those events that are in the Courts¡¦ records, it is too long. Too ineffective to bear a conclusion, witnesses are mentioned and have died without statements. The ¡¥alleged victim¡¨ sits in a jail charged in another county, and no where is there a mention that ¡§there is not a domestic relationship¡¨ for which prosecution may be. It is simply a measure which is beyond the State¡¦s limitations to continue .