Robert Micheal Swaby Complaint Prosecutorial Misconduct CASE # 71D05-1710-CM-004459 Examples of such misconduct include: * discovery violations; * improper contact with witnesses, defendants, judges or jurors; * improper behavior during hearings or trials; * prosecuting cases not supported by probable cause; * harassing or threatening defendants, defendants’ lawyers or. witnesses; * using improper, false or misleading evidence; * displaying a lack of diligence or thoroughness in prosecution; and * making improper public statements about a pending criminal matter. Prosecutorial misconduct occurs when a prosecutor breaks a law or a code of professional ethics in the course of a prosecution. In Berger v. United States, 295 U.S. 78 (1935), Justice Sutherland explained prosecutorial misconduct as “overstepping” the bounds of that propriety and fairness which should characterize the conduct of such an officer in the prosecution of a criminal offense. Which (Robert Micheal Swaby) witnessed officer (Chris Hunter Miller) of the South Bend Police Department commit perjury under oath in a trial. Along with (Robert Micheal Swaby) witnessing officer (Chris Hunter Miller) provide various statements that are misleading and not factual for guaranteed conviction willingly and knowingly to the courts. Mr. Robert Micheal Swaby also spoke of “impeachment” which only because he knows it was impeachment and that the officer was not telling the truth and law is law. Mr. (Robert Micheal Swaby) also witness the officer (Chris Hunter Miller) admit to making various false statements willingly and knowingly and also watched him admit to committing perjury willingly and knowingly under oath in a court of law. Also not this should be lead to admission for reversals or dismissal for wrongful conviction. Mr. Robert Micheal Swaby has constituted ethical violations and thus subject the prosecutor to disciplinary action by the state bar authority. In keeping with my studies, this is a clear case involving misconduct that affected the fundamental fairness of criminal proceedings or infringed on the constitutional rights of me the defendant Leonard A, Mckenzie III. Law is supposed to done by the book and in this case it wasn’t. Perjury is the offense of willfully telling an untruth in a court after having taken an oath or affirmation. Deputy Prosecutor (Robert Micheal Swaby) witnessed perjury from South Bend Police Officer (Chris Hunter Miller), (Robert Micheal Swaby) even questioned if “impeachment” was at hand in trail, along with commending my attorney (Michael Keith Wandling) on job well done for making the officer accountable for his false and misleading statements the courts and jury under oath breaking constitutional law ethics and faulty police procedure. (Robert Micheal Swaby) also witnessed racial discrimination against me from (Judge Jenny Pitts Manier) with sentencing for race, color, and background ethnicity including quoting a “400 Years Of African American Slavery Article” and how the courts are not made for my kind and my people. He witnessed my rights be trampled upon and carried out like garbage in an alley way. The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War.