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6340
20th Motion: 6th Discovery Motion.
Motion to vacate trial date and prelim date due to failure to produce discovery
This document is www.lawyerdude.8k.com/6340.html
Chart of the 24 or more motions in this Blystone case: www.lawyerdude.8k.com/6508.html
List of Jackie Blystone motions and the story of her case: www.lawyerdude.8k.com/jackie.html
Jackie Blystone
5700 Moon Drive pmb#88
Ventura CA 93003
This motion is www.lawyerdude.8k.com/6340.html
Complete list of 24 or more Blystone motions:
www.lawyerdude.8k.com/6508.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
6340 Motion to vacate trial date and prelim date due to failure to produce discovery
Date of hearing: 10 June 2004. Thursday
Time: 9 a.m.
Place: Court 12
Request/ Demand to vacate today’s date for the preliminary examination and continue it until after the court of appeal has reviewed my application for wit of mandate to compel compliance with my Discovery Motion.
To all parties: I have filed a petition with the court of appeal. I am seeking my police reports and I want to have my suppression motion and demurrer heard before the prelim. I am in the dark here. I promptly brought a discovery motion to court around a month ago. Judge Purnell ignored it and assigned me counsel against my will. I promptly appealed that action and the clerk refused to file it. I persuaded the clerk’s office to file it.
This morning I have dispatched a runner to file a application for writ of mandamus to the court of appeal on Santa Clara street.
I plan to file a Marsden motion today.
I plan to file a Faretta motion today also.
I plan to file a PC 1054.5b discovery motion today; this will be my 3rd one.
I cannot meaningfully participate in a Preliminary Examination today. 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 this preliminary examination today.
Jackie Blystone________________________
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.
Signed _______________________________ Jackie Blystone. Thursday, May 20, 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 20, 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 20, 2004I 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. 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 20, 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 #6315.
4. The prosecution has failed to timely respond to that letter within the statutory 15 days.
5. Defendant on27 May 2004 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.
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