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6297
Jackie Blystone’s 6th motion - She asks 2nd time for a Discovery order.
This page is www.lawyerdude.8k.com/6297.html
Related pages:
Chart of the 21 motions in this case: http://www.lawyerdude.8k.com/6508.html
History of the bureaucratic oppression and negligence in this case: http://www.lawyerdude.8k.com/Jackie.html
Jackie Blystone
5700 Moon Drive pmb#88
Ventura CA 93003
This document is www.lawyerdude.8k.com/6297.html
Superior Court of California - f/k/a Municipal Court
800 South Victoria, Hall of Justice, Ventura CA 93003
Department 11. Judge Roland Purnell
People
v
Jackie Blystone, Defendant
Case 2003 039 141
Document Number 6297 version 1
6th Document by Jackie Blystone.
Motion to continue this Demurrer
Date: Thursday 29 April 2004
Time: 1:30 pm
Place: Court 11
Today’s appearance. I ask to continue it until Thursday 27 May 2004 at 1:30
I had a demurrer set today but I have not yet received any discovery from the prosecutor. Last time I was here I had with me a discovery order to be signed. I do not want the public defender handling my case. I filed a notice of appeal on the Faretta issue and on the discovery issue. This morning I am told that my appeal was rejected at the filing window. I will be filing an application for a writ at the court of appeal.
I continue to request a discovery order. I have the proposed order with me. This is the same order that I brought to court last time.
Declaration regarding continuance.
I, Jackie Blystone, declare the following under penalty of perjury.
I had to move this week unexpectedly
I apologize for not seeking this continuance earlier, but I had a minor domestic emergency this week. On Monday this week I had a disagreement with the woman with whom I shared a house. I moved. She took back her car also. It was hectic and I did not have the time to devote to this case. Also, I cannot effectively do my demurrer without knowing some things about my case and that stuff is, I think, in the discovery package which I am attempting to obtain. I do not make this request for continuance to cause delay. My proof of good faith in my discovery motion that I filed with the prosecutor before the last court appearance. They have not responded, as far as I know. _________________ Jackie Blystone Thursday, April 29, 2004
I need to change my demurrer
I must do much work on my demurrer. Because of the time I spent moving this week I could not devote time to any legal things.
Signed _______________________________ Jackie Blystone. Thursday, April 29, 2004
Table of Contents:
What I seek today: Discovery order and a Continuance pursuant to PC 1054.5 b
Brief Declaration of Defendant re: Further attempts to obtain discovery. Time waiver.
Memorandum of Points and authorities
Table of Authorities cited herein:
Table of constitutional provisions cited herein:
Table of statutes cited herein:
What I seek today: Discovery order and a Continuance pursuant to PC 1054.5 b
I have been diligent in timely in this case.
I have demurred. It was filed April 1.
I have moved to suppress evidence. It was filed April 1.
Today I ask the court simply for a continuance.
I am a 38 year old mother of 2 wonderful kids, age 18 and 14.
This is a stale case. I received a written copy of this complaint only 2 weeks ago. The date of the alleged crime is 8 September 2003 - 6 months ago.
Brief Declaration of Defendant re: Further attempts to obtain discovery. Time waiver.
I, Jackie Blystone, declare the following under penalty of perjury: I won’t repeat my earlier declaration. It is filed in brief #__ which I filed on April 2 in open court. In court on April 2, Mr. Perry showed me that he has my discovery papers. I am not sure if that is his name. He refused to give them to me. He is not my lawyer and never has been. On April 14, yesterday, I telephoned the discovery department. Once again they told me that they have nothing for me.
I waive time as required. My concern is due process; not speed.
________________________ Jackie Blystone. Thursday, April 15, 2004
Memorandum of Points and authorities
Table of Authorities cited herein:
Table of constitutional provisions cited herein:
Table of statutes cited herein:
PC 1054.5b sets forth the remedies of continuance and court order that I seek today. 1
Memorandum of Authorities
PC 1054.5b sets forth the remedy in my situation. I made an informal request more than 15 days ago.
1054.5. (b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure.
Regarding redaction:
1054.2. . . . (3). . . (b) If the defendant is acting as his or her own attorney, the court shall endeavor to protect the address and telephone number of a victim or witness by providing for contact only through a private investigator licensed by the Department of Consumer Affairs and appointed by the court or by imposing other reasonable restrictions, absent a showing of good cause as determined by the court.
I, Jackie Blystone, certify that on Thursday, April 15, 2004 I served document #6279 Discovery Request upon the district attorney in person at their office in the Hall of Justice. Thereafter I filed it at room 118. Thereafter I handed a copy to the prosecutor on duty whose name is ________________ in court 11
Signed _______________________Jackie Blystone._ Date: Thursday, April 15, 2004
Jackie Blystone
4025 Ivy Street
Ventura CA 93003
805 650 8900
Hand Delivered
Monday March 29, 2004 at 3:30 pm
Letter #6255
District Attorney
3rd Floor, Hall of Justice
Ventura CA
Regarding: Case #2003 938 141 F A
Complaint and Discovery Packet
I am here to pick up the discovery packet in my case. I am pro per.
If you cannot give me the discovery packet, please give me a copy of the complaint.
Jackie Blystone
Superior Court of California
800 South Victoria, Hall of Justice, Ventura CA 93003
Department 11. Judge Roland Purnell
People
v
Jackie Blystone, Defendant
Case 2003 039 141
Date: Thursday 15 April 2004
Time: 9 a.m.
Place: Court 11
Findings and Order
The court finds as follows:
1. The defendant has met the requirements of PC 1054.5 (b).
2. The defendant delivered a letter of informal discovery demand to the prosecutor’s office on 29 March.
3. The letter is entitled “Letter #6255” and is attached to defendant’s motion #6279.
4. The prosecution has failed to timely respond to that letter within the statutory 15 days.
5. Defendant on 2 April made a more formal complaint in an declaration in a brief labeled entitled “document #6264" which was ordered filed on April 2.
6. According to her declaration in brief #6279 Defendant telephoned the discovery department on or about April 14 and was again refused.
Now therefore the court orders as follows:
1. Pursuant to PC 1054.5 b the prosecution shall provide discovery within 24 hours. “Discovery” herein means all the documents set forth in PC 1054 et seq.
2. The 24 hours is to permit the prosecution to redact the telephone numbers and addresses pursuant to proposition 115.
3. This matter is continued until Thursday 22 April, 2004. (This continuance is specifically permitted by PC 1054.5 b.)
So Ordered.
____________________________________ Date: Thursday, April 15, 2004
Judge Roland Purnell