Ron Fox
207 North Farragut Street
Bay City, Michigan 48708
989 892 2879
In Pro Per
This motion is www.lawyerdude.8k.com/6471.html
It is listed at Ron’s page: http://www.lawyerdude.8k.com/ronfox.html
18th Judicial Circuit of Michigan
1230 Washington Avenue, Bay City MI 48708. Phone: District: 895-4232. Circuit: 895 4265
Attorney Martha Mettee dba under false color of law as “THE PEOPLE OF THE STATE OF MICHIGAN”
v
Ronald Lee Fox
Case number: 2003-2752
District Case number: 03-fy-10859 SN
16th motion by Ron Fox
Motion to Fire Ed Czuprynski and to appoint effective assistance of counsel
Declaration of Defendant
Declaration of Attorney Douglas Palaschak
Proof of Service
Time: 8 a.m.
Date: Tuesday 15 June 2004
Place: Court of Judge Schmidt
Notice of Marsden Motion to Fire Ed Czuprynski and to appoint effective assistance of counsel
What I want today:
1. I want all my motions entered into the record.
2. I want the continuance that I asked for in my motion #_______ filed with the court.
3. I want a hearing on my motion to withdraw my plea. That motion is calendered.
4. I want a new lawyer.
5. I want the mistakes fixed on my sentencing report. Ed neglected this.
6. I don’t want to be sentenced today. I am not guilty!
7. I want time to have my work done property! That 90 days in jail set us back a bunch.
Signed: Ron Fox _________________________
Declaration of Defendant
I, Ron Fox, declare the following under penalty of perjury: Attorney Ed Czuprynski has neglected my case and is pursuing a strategy that is not appropriate in my case. I got into this mess by pleading guilty in 1997 when I was innocent.
I filed a motion to withdraw my plea. I want it heard as scheduled.
Background of this case.
In 1997 I was falsely accused of a sexual crime. I was then innocent. They told me to plead guilty and nothing would happen. I served no time. Thereafter Michigan passed an unconstitutional registration law. Here is a link to the opinion/ case declaring the law unconstitutional. http://www.lawyerdude.netfirms.com/5441.html I am informed that this opinion in the Fullmer case was overturned on Feb 23 2004 but I did not find out until recently. Some weeks ago I filed a constitutional challenge to the statute. My case is more sympathetic than that of the police officer in the Fullmer case.
I have ordered the files in my underlying 1997 case. I will do something about that case.
Don Aldrich, the police officer who smashed out my car windows in this case had previously been to my house approximately 20 times to harass me about my registration status. I filed in federal court against them. My format was bad and they dismissed my case but I have found a lawyer to re-file and I will refile.
The traffic stop was retaliatory.
Don Aldrich recognized my van stuck in traffic at the raised bridge. I was stuck temporarily because the bridge was up. This was no reason to do a felony stop. I drove about a mile to my house before stopping my van. This is a recommended and safe practice. The traffic stop was a pretext. Police have visited my house approximately 20 times to harass me under false color of law. My neighbor saw me on the internet due to this law. He has stood outside my house yelling at me. He called police to my house many times. Once we went to court and Judge Newcombe told neighbor Bob to leave me alone.
Ed Czuprynski has neglected my case. His bail motion was defective and incomplete.
He is not on my side.
I so declare under penalty or perjury.
Signed__________________ Ron Fox.
Declaration of Attorney Douglas Palaschak
No work product in Czuprynski’s file. No theory.
I, Douglas Palaschak, declare the following under penalty of perjury: Yesterday, Monday June 14th , 2004, I talked on the telephone for the first time with Ron’s appointed lawyer, Ed Czuprynski. Ed told me that he cannot devise a strategy to win this case. At my urging, Ron obtained a copy of his file from Mr. Czuprynski. Ron sent the file to me. I received it on Saturday June 12. The file contains 116 pages, some of which pertain to another case of Ron’s. There is not one document authored by Mr. Czuprynski. There is not one motion. There is not trace of work having been done.
I know that Mr. Czuprynski did a bond motion. Ron sent it to me. Why was it not in the file?
The defective bond motion.
Mr. Czuprynski failed to address the issue of Judge Alston’s angry $100,000 bond increase triggered by Ron’s having set a motion for expedited ex parte hearing. Nobody told me that Judge Alston was blind when I agreed to have Ron’s case heard before him. There is no record of Ron’s presentation. The clerk later told me that Judge Alston had to go to a dentist appointment immediately after sending Ron to jail. None of this was mentioned in Czuprynski’s papers - and he did not follow up with a request for further review.
The conspiracy by Judge Alston’s Recorder and the woman at the Circuit Court.
Ron took 3 motions with him to court on the day that Judge Alston sent him to jail. When I tried to get relief from the Circuit court back in January, a clerk there told me in effect that she would be intercepting my papers and that she had conferred about this case with Alston’s recorder in Judge Alston’s court. This will not stand. I wrote her name down. I will be asking for an investigation by the bar and by the Judicial discipline commission.
Czuprynski’s office lied to Ron and to me yesterday.
Yesterday I arranged for Ron to deliver to Mr. Czuprynski two motions that Ron had filed. Mr. Czuprynski had no idea that Ron had filed these motion. Mr. Czuprynski told me that he resented me butting in at the last minute. To his credit, Mr. Czuprynski agree to wait until slightly after 5 if necessary to meet with Ron. I called. Ron was there. His secretary told me that Mr. Czuprynski was meeting with Ron. I was pleaded.
Then Ron called me. Mr. Czuprynski had not met with Ron. The story that the secretary gave to Ron was that I was on the phone with Mr. Czuprynski - and that was not true. I never did talk to Mr. Czuprynski after calling Ron to tell him to take those 2 motions to Mr. Czuprynski.
I have written approximately 16 motions for Ron. I think that only 4 are in the files.
Mr. Czuprynski has been negligently out of touch with Ron. He has been ineffective assistance of counsel.
We lost 90 days in this case due to Judge Alston’s illegal imprisonment of Ron. We need a remedy of a continuance. I need more time to write Ron’s motions. I have not yet received the files from St. Ignace in Mackinac county. They are dragging their feet about the files.
Signed ___________________ Douglas Palaschak - Signed by Ron with my permission. June 15, 2004
Points and Authorities
Broadly speaking a defendant enjoys the right to control his case. Ron’s motions must be heard. Faretta v California (1975) 422 U.S. 806. Here is a link to the Faretta case: http://www.lawyerdude.netfirms.com/faretta.html
Proof of Service
No service is needed. The court can give a copy to Mr. Czuprynski. This is an ex parte confidential motion.