People

v

Jackie Blystone, Defendant

Case 2003 039 141

Document Number 6315 version 1  

11^th Document by Jackie Blystone.

3^rd Discovery Motion

Amended 1054.5 b motion - Demand for Discoverable Items

Declaration of defendant and waiver of time.

Proof of Service.

Memorandum of Authorities.

Proposed Order is attached.

Date:    27 May 2004. Thursday

Time:    1:30 pm

Place:   Court 11

PC 1054.5b Demand for Discoverable Items

            To all parties: Pursuant to the remedy designated in PC 1054.5b I hereby ask this court to order the prosecution to provide discovery items as set forth herein. I also request a continuance pursuant to Penal Code section 1054.5b.

Signed _______________________________ Jackie Blystone. Thursday, May 13, 2004

Table of Contents:

What I seek today: Discovery order and a Continuance pursuant to PC 1054.5 b

Statement of the case

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 cases cited herein:

Table of statutes cited herein:

Proof of Service

Proposed Findings and Order

What I seek today: Discovery order and a Continuance pursuant to PC 1054.5 b

Statement of the case

            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 discovery order and a continuance which is permitted by PC 1054.5b. The complaint in this case fails to apprize me sufficiently to permit me to defend myself. At the preliminary examination I will not know what questions to ask.

            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 days ago. The date of the alleged crime is 8 September 2003 - 6 months ago. Now, 8 months after the alleged crime I have yet to see the police reports.

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 was not then my lawyer but the court subsequently appointed him against my will. Even then he refused to show me the police reports. 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, May 13, 2004

Memorandum of Points and authorities

Table of Authorities cited herein:

Table of constitutional provisions cited herein:

Table of cases 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.

Proof of Service

            I, Jackie Blystone, certify that on Thursday, May 13, 2004 I served this document #6315 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 (It was indeed signed by Jackie)_Jackie Blystone._ Date: Thursday, May 13, 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

3^rd 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

Proposed Findings and Order.

Date:    Thursday 15 April 2004

Time:    9 a.m.

Place:   Court 11