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Court of Appeal

2nd Dist. Division 6

200 East Santa Clara






Petition for Writ of Mandate to Order Superior Court in case Criminal 2003 039 141 to Make Discovery Order so that Petitioner has Police Report before the Preliminary Examination and to Order court to permit Defendant to file her own motions and to Order Court to rule on these motions and to order court to hold the Suppression Motion before the preliminary examination.






Petitioner Jackie Blystone, pro so

5700 Moon drive. Box 88

Ventura CA 93003

805 652 0334

dlawyerdude@hotmail.com

 


            This is a stale case. It took me weeks just to get a copy of the complaint. The allegation is that I sold drugs twice on September 8th.

            This petition is my 14th action in this case. The court ignored my discovery motion and my 2nd motion. They scheduled my preliminary examination so that it is today - prior to my even seeing my police report. The court appointed a public defender against my will. The did not do a Faretta hearing. Judge Purnell (formerly FBI and then local prosecutor) simply said that I am incompetent.

            My public defender does nothing. He is rude and ineffective. I have a Faretta/ Marsden demand written to take with me today.

            I have a lawyer to help me. He may or may not sign up for the case as soon as I get the police reports.

            I am entitled to at least a redacted copy. I filed an interlocutory appeal at the appellate department. They rejected it. They and my lawyer called Paul here.

            I just want all my rights. The prelim is today. I am not asking for an answer today. I plan to amend this petition today or tomorrow to add some exhibits and explain the story better.

            Here is what I want:

1.         Order the court to comply with the statutory remedy in PC 1045.5b which is continuance and other remedy for failure to give me the police reports and other discoverable items pursuant to my 2 previous motions; and order the court to:

2.         Let me speak for myself.

3.         Don’t do the prelim until I have seen the discovery.

4.         Don’t do the prelim until they have done my suppression motion.

5.         Hear my demurrer.

            This may sound trivial but it is not. In Griffin v Illinois (1956), 100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055 http://www.circuitlawyer.8m.com/griffin.html , Justice Douglas, speaking for a unanimous court, said that a defendant deserves due process at every stage of the criminal proceeding.

“Consequently at all stages of the proceedings the Due Process and Equal Protection Clauses protect persons like petitioners from invidious discriminations.” - Justice Douglas in Griffin v Illinois 1956.

How will I know what questions to ask at the prelim? I am in the dark here. I want to see my police reports. This complaint is a bare bones complaint. The alleged crime had already been committed 6 months before the prosecutor filed the complaint. It is retaliation for my failure to answer their questions. A suppression motion is appealable before trial - and in my case before the plea. I filed a demurrer and then they appointed a lawyer against my will and he entered a plea within seconds. His name may be Perry. I don’t know. He never told me

 

Jackie Blystone ________________________ Thursday, May 20, 2004