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Ron Fox, Sui Juris
207 North Farragut Street
Bay City, Michigan 48708
Cell phone: 989 450 7309
Pro Se
ronfox91@juno.com chas@ojai.net
This motion is www.lawyerdude.8k.com/6472.html
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18th Judicial Circuit of Michigan
1230 Washington Avenue, Bay City MI 48708.
Judge Schmidt
Joseph Sheeran, who by stealthy encroachment under false color of law now claims to speak for the entire state of Michigan (and who in fact speaks for no human being and has no jurisdiction in this case there being no victim and there being no constitutional permission in the constitution for a state to impose a behavioral standard in non-victim situations.)
v
Ronald Lee Fox, sui juris
Case number: 2003-2752
District Case number: 03-fy-10859 SN
17th Motion by Ron Fox
Document #6472 version 1.1
Discovery Demand
Notice of Concurrent pending motions.
Statement of case/Declaration of Ron Fox.
Declaration of Attorney Douglas Palaschak
Argument
Proof of Service
Time: 1:30 pm
Date: Thursday 8 July 2004
Place: Court of Judge Schmidt.
Discovery Demand
To the prosecutor: I am moving back to the beginning of this case to do the things that my incompetent and ineffective assistance of counsel (Barnes and Czuprynski) should have done. Please be advised that at the venue set forth in the caption (or at such other venue as the court shall order) I will ask the court to produce an order to compel production of the follow items should you fail to produce them before that time.
Please produce the following documents/ items in the custody of the prosecution camp:
1. Copies of all police reports, radio logs, tape recordings of dispatch and other radio traffic, witness statements, and all other records pertaining to approximately 20 visits to the home of Ron since his neighbors began to harass Ron regarding his appearance on the sex registry around January 2000.
2. The film in my camera. Please have it processed by a reliable laboratory and return a set of prints and the original to me.
3. My camera.
4. Personnel files regarding any complaints against Aldrich, Peter, and all other officers who came to my house on the day they broke my windows and all other times when they came to my house.
5. All personnel files pertaining to any officer who ever visited my house in since 2000.
6. All other discoverable items.
7. All police reports and data pertaining to my status as an putative sex offender.
8. The files on the underlying sex offender case from St. Ignace in 1995 to 1997. I contend that the underlying plea is unconstitutional and void because;
a. It lack factual foundation;
b. It was based on an unconstitutional statute;
c. That statute is ex poste facto as pertaining to my putative offense;
d. Michigan has no jurisdiction to trail me, stalk me, or otherwise keep records of my travel;
e. This statute is unconstitutional by virtue of being a bill of pains and penalties;
f. This conviction was obtained by denying me effective assistance of counsel;
g. I was not advised of his penalty;
h. I was not advised of my rights before taking this plea;
My motion will be based upon Michigan discovery rules and such other authorities a I may present in an upgraded version of this motion.
Signed__________________ Ron Fox Thursday, June 17, 2004
Table of Contents:
Notice of concurrent pending motions.
Statement of the case/ Declaration of Defendant re: Pretextual stop in retaliation
Declaration of Douglas Palaschak
Notice of concurrent pending motions.
I have motions pending. Sentencing is premature. I have a motion pending to withdraw my plea. I have other motions that have not been heard - including a motion to fire my lawyer. I demand under Faretta that this court hear those motions.
1st motion: Objection to the motion of Jennifer Barnes (my lawyer acting against me) to get my mind inspected. January 27th 2004 in front of blind judge Alston in Bay City Michigan. They did not tell my that he was blind! http://www.lawyerdude.netfirms.com/6201.html This forensic testing was demanded by my then lawyer Jennifer Barnes. She should have honored my wishes not to be further tested. The blind judge with a toothache raised my bail to $100,000. The court recorder says that she did not record half of the session, but she did take time to call Sylvia Linton at the court of appeal and poison the well so that my attempt to get appellate relief was sabotaged. The clerk Sylvia Linton at the Circuit court intercepted my papers and told my lawyer that no judge would see them.
2nd motion. January 27th. Motion to Suppress Evidence. http://www.lawyerdude.netfirms.com/6203.html This motion was completely ignored. I took this with me to court on January 27th and gave it to the clerk or the court reporter.
3rd motion. January 27th. Marsden motion to fire my appointed lawyer Jennifer Barnes the evil woman who obtained a court order to get my head shrunk against my will. She and would not follow Ron’s demand to undo the order. I ended up in jail and she was happy about it. http://www.lawyerdude.netfirms.com/6202.html
4th motion. January 28th. Appeal to Judge Newcombe, the judge assigned to my case. Notice of Interlocutory Appeal. Request for Stay of Psychiatric Testing this morning. Lawyerdude presented this for me while I was presumed to be on the way to Lansing in police custody for testing. http://www.lawyerdude.netfirms.com/6207.html
5th motion. January 28th . Notice to blind judge Alston of interlocutory appeal. Application for stay. I don’t know what happened on this motion. I am wondering if it is in the files. Lawyerdude faxed it on my behalf. http://www.lawyerdude.netfirms.com/6204.html
6th motion. January 28th To: Presiding Judge of Circuit Court: Request for Stay of “Voluntary” Psych Testing this morning. I was presumed to be on the way to Lansing. http://www.lawyerdude.netfirms.com/6205.html
7th motion. Friday May 18th. http://www.lawyerdude.8k.com/6317.html Motion for continuance of arraignment in order to obtain counsel. This may be in the fresh case for failing to register on the sex offender list.
8th motion. There is no 8th motion.
9th motion. Motion to recuse blind judge Alston. http://www.lawyerdude.8k.com/6318.html
10th motion. Motion in the nature of Demurrer in the sex case. We say that the statute is unconstitutional. http://www.lawyerdude.8k.com./6464.html This is an important motion.
11th motion. Motion to continue case until July 15th. http://www.lawyerdude.8k.com/6465.html I don’t know how this motion turned out.
12th motion. Motion to continue sentencing until 13 July. http://www.lawyerdude.8k.com/ronfox.html Ron filed this but nobody argued it. My lawyer has never seen this motion. This would have been better handled if a good lawyer had been there.
13th motion. Motion to withdraw plea. http://www.lawyerdude.8k.com/6467.html Thursday July 22, 2004.
14th motion. Recusal motion. I did not write that motion yet.
I presented these two motions in court today Tuesday, June 15, 2004 :
15th motion. http://www.lawyerdude.8k.com/6470.html Faretta demand. Hearing is 22 July 2004.
16th motion. http://www.lawyerdude.8k.com/6471.html demand to fire my lawyer because he has put nothing in writing except a weak failed bail motion which is did not pursue to the Circuit court.
17th motion. Discovery motion to get the police reports, police radio traffic, film and the camera. I was taking pictures of the cops as they were threatening to smash the windows on my van. They smashed the windows on my van. They confiscated my film and my camera. http://www.lawyerdude.8k.com/6472
18th Motion. Demand for relief from that angry imposition of $100,00 bail by the angry blind judge without jurisdiction. http://www.lawyerdude.8k.com/6473.html
19th Motion. Challenge to jurisdiction. www.lawyerdude.8k.com/6474.html
20th Motion. Motion for contempt of court of interference by Sylvia Linton and the court reporter. www.laywerdude.8k.com/6475.html Seeking remedy of dismissal.
Statement of the case/ Declaration of Defendant re: Pretextual stop in retaliation
I, Ron Fox, declare the following under penalty of perjury:
This is a case of a malicious pretextual traffic stop by Don Aldrich who visited my house many times to harass me in conspiracy with my neighbor (who was my friend until he found my name on Michigan’s slanderous web pages). Aldrich, Peter, and other were out of control on that day when then broke the windows out of my van. The fleeing and eluding charge is void because the underlying statute is overbroad.
I have sent off to St. Ignace for the files in the underlying case to prove my factual innocence regarding the case underlying the registration case. St. Ignace is dragging their feet.
I need more time than the average case because I am at the same time handling these two related cases plus a federal case for violation of my civil rights.
I have a file coming to me from the county where the alleged crime happened in 1997.
It would be a denial of Due Process for me to make an uniformed plea. I need effective assistance of counsel at all stages of the proceeding.
I would like for my counsel to be fully prepared and fully knowledgeable about the underlying alleged crime before I make a plea.
Also, we have not completed discovery or the suppression motion.
I brought my suppression motion with me on the day in January went Judge Alston without jurisdiction increased my bail to $100,000.
For every wrong there is a remedy.
In order to get out from under an onerous bond of $100,000 I pled guilty. I am not guilty. I will be moving to withdraw my plea.
The police stop in this case was retaliation for my having filed a section 1983 complaint. Donald Aldrich who broke my van window is the same guy who came to my house 20 times to harass me regarding my being on the sex offender list.
When I was a child I was run over by a car injuring my head. Then later as a child I was run over by another car injuring my head. As an adult I fell from the 2nd floor - on my head. Those 3 head injuries cause me some problems. I did not learn to read until age 23 after finally being instructed by special teachers who understood my problem. In the year 1997 I went to Gramma’s funeral in St. Ignace county and while there I was falsely accused of a sexual crime. I was then factually innocent.
The sex registration act was declared unconstitutional. That is my opinion based on my reading and based on many discussions with lawyers. A Michigan federal court declared it unconstitutional on June 3, 2002. Here is a link to the opinion/ case declaring the law unconstitutional. http://www.lawyerdude.netfirms.com/5441.html On February 23, 2004 (almost 2 years later) the federal court of appeal overturned the opinion of Judge Victoria Roberts regarding the unconstitutionality of the registration act - but my case is better than the case of Daniel Fullmer.
On Tuesday, January 27, 2004, I presented 3 written motions to Judge Alston’s court. Judge Alston is blind and could not read the motions himself. It was in Judge Alston’s court because when my lawyer set the hearing the clerks kept it a secret from him that Judge Alston is blind. The 3 motions were:
1 A motion to revoke Jennifer Barns’s request for testing. The court may not have realized that this was not a court ordered testing except to the extent that the court granted the request of Jennifer Barnes, a request that was without my consent.
2 A Marsden motion to fire Jennifer Barnes.
3 A suppression motion.
Two of those motions are mostly moot now, but the suppression motion was simply ignored. I had a right to review that on appeal by extraordinary writ prior to my plea. That right was jeopardized by the court’s failure to even file the motion. However, I did give it to the court recorder. The court recorder and the judge left the room. They made no record of their having scorned me and my motions.
The bailiff told me to shut up.
Judge Alston then unfairly raised my bail to $100,000 - excessive bail. This case was not on for a bail review. Judge Alston put me in jail until I agreed to plead guilty in order to get out of jail. That was on 27 January. Then about a month later, on February 23rd, Judge Victoria’s opinion was overruled. So now I know - but I contend that the sex offender registration law is unconstitutional. My case is different and my lawyer has argued more and is better issues than the lawyer who lost his case at the court of appeal.
Arthur Schupback (a relative of my father by my father’s remarriage) visited Judge Alston to inquire as to the excessive bail. The clerk intercepted Art and refused to let him talk to the judge. She told him it was none of his business and to “stay out of it”.
Within 48 hours of my having been jailed by Judge Alston my lawyer faxed papers to the higher court only to be told by a newbie lawyer/clerk that the court recorder in Judge Alston’s court has already told this lawyer/clerk all about the case. This lawyer/clerk said that she would
I am a peaceful person. I always show up in court. There was no reason for that bail except to make me plead guilty to get out of jail after 90 days.
I am dealing with two cases simultaneously here. The two cases have the common thread of being the product of a policeman “out to get me” . Grace Olech v Village of Willowbrook, et. al. (1998 7th circuit) www.lawyerdude.8m.com/5126.html 160 F.3d 386 and Esmail v. Macrane (7th Circuit 1995) 53 F.3d 176 both hold that ”out to get you" is actionable against a government.
The same policeman who broke out my car windows is the one who was at my house 20 times to harass me for being on the sex offender list.
Signed__________________ Ron Fox. Thursday, June 11, 2004
Declaration of Douglas Palaschak
I, Douglas Palaschak, declare the following under penalty of perjury: I have 20 years experience as an Attorney specializing in bankruptcy, constitutional law, criminal law including drug, sex, and traffic cases, and cases pertaining to the struggle of the individual human against the stealthy encroachment of the government bureaucracy. I am an expert in the standards of effectiveness of appointed counsel. I wrote an improved standard by which to measure effectiveness of counsel. I call it a defendant’s bill of rights. Here is a link to my improved standard: http://www.circuitlawyer.8m.com/5635.html
I may or may not apply to appear pro hac vice in this case but any person may apply as next friend - as I did - for an extraordinary writ as a remedy for excessive fail imposed by a judge who was not authorized to raise bail. Judge Alston was not authorized to raise bail. He gets his authorization by a motion from either side - except at the arraignment. I was flabbergasted at the outrageous and illegal actions of Judge Alston and his court recorder - who told me that she was a court reporter - and their co-conspirator clerk/lawyer at the next higher court.
I have come to know Ron quite well through numerous emails ( sometimes 3 or more in a single day) and telephone calls. On the average it seem that we talk twice a day and exchange 4 emails each day. Over the past 2 days we have had perhaps 15 phone conversations. I have talked to several members of his family. I can find nobody who has anything bad to say about Ron. He is a hard worker, kind, generous to a fault (having lost money by letting a man use Ron’s credit card to buy paint). He is not a violent person nor a sex offender. Ron studies constitutional law and sends me some case or quote nearly everyday. He feels strongly that he has suffered abuse and neglect in his legal cases and I agree with him.
Art Schupback has complained to the office of the Attorney General regarding this outrageous bail of $100,000 used to extract a plea from Ron. Ron pled after 90 days of being unable to raise $10,000 to pay a bondsman and having insufficient collateral to back up a bail bond. As soon as I find out where to send a complaint about Judge Alston I will be complaining also. We will also be filing in federal court under the “out to get me “ theory of Grace Olech v Village of Willowbrook, et. al. (1998 7th circuit) www.lawyerdude.8m.com/5126.html 160 F.3d 386 and Esmail v. Macrane (7th Circuit 1995) 53 F.3d 176. Both that ”out to get you" is actionable against a government. I make this statement to corroborate Ron’s story and to point out that Ron’s 2 cases stem from harassment triggered by stigma imposed by Ron’s picture having appeared on the internet in the registration site.
From what Ron has told me, his underlying sex case from 1997 is void due to constitutional infirmities.
Ron has told me that he has ordered the records from the underlying 1977 case.
He told me that he sent some files to me regarding the window smashing case and/or the 1997 underlying sex case.
Douglas Palaschak ________________Signed by Ron at my request. Thursday, June 17, 2004
I have a right to control my case. I have a right to have my motions heard. My lawyer did nothing so I took it upon my self to get help writing my motions. I demand that sentencing be delayed until I can have my motions heard. I was writing these motions before I was put in jail for 90 days. I was denied access to legal materials in jail. That alone is actionable.
Signed _________________ Ron Fox. Thursday, June 17, 2004
I, (print your name) ________________ , declare the following under penalty of perjury: On Thursday, June 17, 2004 I served this motion #6472 at the reception window at the office of the prosecutor. Thereafter I filed it at the criminal filing window. It was (circle one) rejected/ accepted and filed stamped.
Signed ________________ Thursday, June 17, 2004
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