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6336
16th motion. 5th Discovery Motion.
1st Discovery Motion is here: http://www.lawyerdude.8k.com/6279.html
2nd Discovey Motion is here: www.lawyerdude.8k.com/6297.html
3rd Discovery Motion is here: www.lawyerdude.8k.com/6315.html
4th Discovery motion is here: www.lawyerdude.8k.com/6321.html
5th discovery motion is here: www.lawyerdude.8k.com/6336.html
6th discovery motion is here: www.lawyerdude.8m.com/6477.html
7th discovery motion is here:
8th Discovery Motion is here: 24th motion: www.lawyerdude.8k.com/6507.html
This page is www.lawyerdude.8k.com/6336.html
Related pages:
Chart of the 21 motions in this case: http://www.lawyerdude.8k.com/6508.html
Jackie Blystone
5700 Moon Drive pmb#88
Ventura CA 93003
This document is www.lawyerdude.8k.com/6336.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 6336 version 1.1
16th Motion. Document by Jackie Blystone.
Application for Order shortening time.
5th Discovery Motion.
Motion to Vacate today’s motion due to prosecution’s refusal to give me any discoverable items.
Date of hearing: Thursday, May 27, 2004
Time: 1:30
Place: Court 12
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 27, 2004
Declaration of Jackie Blystone regarding Delay by prosecution.
The prosecution is holding up this case by refusing to give me any discovery.
I don’t even know what they gave the public defender because the various deputy public defenders will not show me. One of them read part of the police report to me.
I have many motions in the works. I can have them all filed in a week. I have filed most of them thinking that I could amend them when the police reports came - but the prosecution has refused to give anything to me.
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I have the folders with me but I cannot do a hearing because I am in the dark because I have no discovery papers.. Here is what is being written:
Discovery motion. Ready today. Prosecution was served weeks ago.
Marsden motion.
Faretta motion.
Motion to declare the state bar act unconstitutional.
Demurrer.
Suppression motion.
I plan to file another PC 1054.5b discovery motion today; this will be my 4th one. Last Thursday Irene Lopez refused to accept my 1054.5b motion for filing; that was my 2nd or 3rd one. Her staff filed it and then “unfiled” it saying that I cannot file it because only the public defender can speak for me. I have never asked for assistance from the public defender.
I cannot meaningfully participate in any hearing until I see my discovery package. I did not wait until this last minute on this. I anticipated this problem and advised the court in one of my motions that I must see the police reports and other discoverable items before I can know what to ask at the preliminary examination.
I ask you to vacate to vacate the previously scheduled motion and grant my discovery request. I have a proposed order attached.
I brought this motion to court with me around April 15th but the clerk at room 118 said to bring it to court. Judge Purnell on that day assigned a public defender to me against my will. The public defender made several mistakes. He pleaded not guilty even though I had already demurred. He refused to show the court my discovery motion.
Pursuant to the remedy designated in PC 1054.5b I also 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 Jackie Blystone________________________ Thursday, May 27, 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 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 - 8 months ago. Now, 8 months after the alleged crime I have yet to see the police reports and other discoverable items.
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 show 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. His assistant also refuses to show me or give me the police reports. I demand a copy and PC 1045 et seq provides that I be given a redacted copy. On April 14, I telephoned the discovery department. Once again they told me that they have nothing for me. The prosecution has refused to comply with the discovery statute. There is a remedy - and continuance is part of that remedy.
I waive time as required. My concern is due process; not speed.
________________________ Jackie Blystone. Thursday, May 27, 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, May 27, 2004 I served this document #6336 upon the district attorney in person at their office in the Hall of Justice. Thereafter I filed it at room 118. It was (circle one) filed/ rejected by the clerk. Thereafter I handed a copy to the prosecutor on duty whose name is ________________ in court.
Signed _____________________Jackie Blystone._Thursday, May 27, 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 #6336.
4. The prosecution has failed to timely respond to that letter within the statutory 15 days.
5. Defendant on 27 May 2004 she made a more formal complaint in an declaration in a brief labeled entitled “document #6315" which was ordered filed on Thursday, May 13, 2004.
6. According to her declaration in brief #6315 Defendant telephoned the discovery department on or about April 14 and was again refused.
7. Defendant’s 3rd Discovery Motion was refused because at the filing window because they said that only the public defender may file for her.
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 for 3 weeks. (This continuance is specifically permitted by PC 1054.5 b.)
So Ordered.
____________________________________ Date:_________
Judge of Superior Court