Ronald Carpenter dba

under false color of law as

“The people of the state of California”

v

Jackie Blystone, Sui Juris

Case 2003 039 141

Document Number 6507 version 1  

24^th Document by Jackie Blystone.

Demand to Vacate Preliminary Examination.

Application for Order Shortening time.

Notice of concurrent motions and demands:

Continuing Challenge to court’s jurisdiction under Rhode Island v Mass.

Table of Contents

Proof of Service

Hearing is set as follows. Same venue as Prelim:

Date:    Tuesday 6 July 2004

Time:    8:30

Place:   Court 11

Notice of Motion

            At the venue designated in the caption or at such other time as the court may designate, I will ask the court to vacate the setting of the preliminary examination and sign the discovery order that I brought to Judge Purnell’s court on April 15 after being directed by room 118 to file it in court after they refused to file it because the case was in court then.

Signed _______________________________ Jackie Blystone. Friday, July 2, 2004

Notice of concurrent motions and demands:

1.         Demand for Discovery.

2.         Motion to Suppress

3.         Demurrer for Overbreadth and other.

4.         Marsden demand.

5.         Faretta Demand

6.         Rhode v Mass challenge to jurisdiction

Table of Contents:

Notice of concurrent motions and demands:

Demand for Discovery.

Motion to Suppress

Demurrer for Overbreadth and other.

Marsden demand.

Faretta Demand

Rhode v Mass challenge to jurisdiction

What I want today: Vacate the prelim and sign my discovery order.

Time waiver

Statement of the case

Memorandum of Points and authorities

Table of Authorities cited herein:

Table of constitutional provisions cited herein:

Table of cases cited herein:

Memorandum of Authorities: Why I need the discovery before the prelim.

Proof of Service

Appendix 1 - My original 1045.5b Motion - please sign this

What I seek today: Discovery order and a Continuance pursuant to PC 1054.5 b

Statement of the case

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 cases cited herein:

Table of statutes cited herein:

Proof of Service

Proposed Findings and Order

Appendix 2: List of the approximately 20 motions written in this case

What I want today: Vacate the prelim and sign my discovery order.

            I demand that you :

            1.         Vacate the prelim scheduled for today by my ineffective public defender.

            2.         Fire my public defender. I did not ask for one.

            3.         Sign my discovery order like you should have done on April 15 when you appointed the PD.

            4.         Permit me time to work with the discovery papers.

Time waiver

            I waive time as necessary. I am concerned with justice - not speed.

Signed_______________________ Jackie Blystone.

Statement of the case

            I have commissioned the writing of approximately 20 motions in this case. They are listed in an appendix to this motion

            Your court has thwarted the filing of my motions by simply refusing to file them, or by appointing public defenders who simply ignore my motions.

            The complaint fails to apprize me sufficiently to permit me to defend myself. This complaint must necessarily embrace the police reports on which it is founded. At the preliminary examination I will not know what questions to ask. I intend to file concurrently a motion to dismiss based on failure to provide discovery. This motion is not made for purposes of delay.

            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 - 6 months ago.

            I now demur.

            I challenge the jurisdiction of the court until I receive a legible complaint and time for counsel to review

            I challenge the jurisdiction of this court until you tell me the “nature and cause” of the complaint in sufficient detail to permit me to defend myself.

Declaration of Jackie Blystone regarding service of 1045.5b motion.

            Early in this case I properly served a 1045.5b motion. I attempted to file it. The clerk said to take it to court and file it there in court. I carried my paper into court. Then Judge Purnell ignored the motion and appointed a public defender whose name may or may not be Perryman. This guy looks like Colonel Sanders. He immediately pleaded not guilty. I had a demurrer calendared at the time - and a suppression motion - and a discovery motion. This mistake was malpractice and it sabotaged my case.

            Thereafter I have been thwarted in my filing of subsequent 1045.5b motions and all my motions. My public defenders have written nothing and Denis McPeak is antagonistic to me and my motions.

            Nonetheless I served and attempted to file at least two version of my discovery motion - and I want it heard. Then I will ask for more discovery. Then I will move to suppress based partly on the discovery. Also, my demurrer depends on what I find in discvovery. A demurrer in a hearsay complaint embraces the reports on which the complaint is based.

Declaration of Douglas Palaschak regarding service of 1045.5b motion.

            For months I have been attempting to compile a history of the motions filed in this case. That task becomes more difficult with each court appearance as more legal atrocities happen. A chart depicting the list of motions is appended to this motion. The worst atrocity was when Mr. Blystone came to court having filed her discovery motion. Ms Blystone tells me Judge Purnell refused to look at the discovery motion. He should have looked at it and granted it. Then Purnell appointed a public defender against the will of the defendant. Her subsequent Faretta and Marsden motions were ignored by the court.

            Recently Jackie Blystone filed a 1045.5b motion. Then about a half hour later, the clerk “unfiled” it by pasting white paper over the file stamp. I asked to talk to supervisor of the court clerks. That person was unavailable. I spent 2 hours from 1 pm to 3 pm that day waiting at the window and a subsequent different window. There was a new person at the original window. One person’s case took 45 minutes. The secretary at the clerk’s office sent me to a 2^nd window to chat with Irene Gonzalez. I talked briefly with Irene Gonzalez. She left the window and did not come back. I left the window knowing that I could email Ms Gonzalez - which I failed to do. Generally when a motion is rejected the clerk gives a reason in writing.

            Denise McPeak jammed up her own putative client by agreeing to a prelim on July 6.

            Jackie Blystone has been deprived due process of law.

I so declare under penalty of perjury.

Signed __________________ Douglas Palaschak Friday, July 2, 2004.

Memorandum of Points and authorities

Table of Authorities cited herein:

Table of constitutional provisions cited herein:

“effective assistance of counsel” clause of the 6^th amendment 1

“nature and cause” clause of the bill of rights 1

Table of cases cited herein:

Rhode Island v Massachusetts (1838) 37 U.S. 657 http://www.lawyerdude.netfirms.com/rhode.html 1
2

Memorandum of Authorities: Why I need the discovery before the prelim.

            The discovery statutes is of no use if the discovery arrives after I am in state prison.

            I need the discovery before the prelim for these reasons:

            I have a statutory and constitutional right to discovery.

            I have a constitutional right to be informed of the nature and cause of the prosecution against me. Those words are in the Bill of Rights. I have a right to be presented with a written complaint . 

I have a right to effective assistance of counsel. That means that my lawyer must know the charges against me and must be able to read the traffic ticket.

            I challenge this court’s jurisdiction.

"Hearsay is no Evidence ... though a Person Testify what he hath heard upon Oath, yet the Person who spake it was not upon Oath; and if a Man had been in Court and said the same Thing and had not sworn it, he had not been believed in a Court of Justice; for all Credit being derived from Attestation and Evidence, it can rise no higher than the Fountain from whence it flows, and if the first Speech was without Oath, an Oath that there was such a Speech makes it no more than a bare speaking, and so of no Value in a Court of Justice, where all Things were determined under the Solemnities of an Oath ... ." - Gibbers 1789 as cited by Scalia last month in Crawford v Washington at this link: http://www.lawyerdude.8k.com/craw3.html
Under Rhode Island v Massachusetts (1838) 37 U.S. 657 http://www.lawyerdude.netfirms.com/rhode.html proceeding must stop until the jurisdiction issue is resolved.

Proof of Service

            I, Douglas Palaschak, certify that on Friday, July 2, 2004 I served this document #6507:

1.         To the district attorney in person at their office in the Hall of Justice.

2.         To the ineffective and antagonistic public defender named Denise McPeak. I served her by email to denise.mcpeak@mail.co.ventura.ca.us I also delivered a paper copy addressed to McPeak. I gave this paper copy to the receptionist at the office of the public defender at the hall of justice.

3.         Thereafter at 4:15 pm I visited Jackie Blystone and she said she would drive to court and attempt to file it in room 118, but I expect that they will not permit her to file.

Signed_________________________ Douglas Palaschak. Friday, July 2, 2004. 5:05 pm.

More Proof of Service.

I attempted to file it at room 118. The clerk did the following: (Circle one or more.)

1. Filed it.

2. Rejected it with a rejection slip.

3. Took the paper and went to talk to somebody.

4. Rejected it without a filing stamp.

Thereafter I (circle none or one or more)

1. Talked to the supervisor.

2. Brought up the issue of a “demand filing”

There after I (circle one or none)

1. Delivered a copy to the public defender office on the 2^nd floor of the Hall of Justice.

Signed. Jackie Blystone. ___________________ Date: Friday, July 2, 2004 

Appendix 1 - My original 1045.5b Motion - please sign this

Jackie Blystone                                                                              Refused at window 10:30 pm Apr 15

5700 Moon Drive pmb#88                                                              Woman said to file in court.

Ventura CA 93003                                                                          Jackie will present on 2^nd call.

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

Document Number 6279 version 1  

4^th Document by Jackie Blystone.

1054.5 b motion - Demand for Discoverable Items

Declaration of defendant and waiver of time.

Proof of Service.

Memorandum of Authorities.

Proposed Order is attached.

Date:    Thursday 15 April 2004

Time:    9 a.m.

Place:   Court 11

People

v

Jackie Blystone, Defendant

Case 2003 039 141

Proposed Findings and Order.

Date:    Thursday 15 April 2004

Time:    9 a.m.

Place:   Court 11