25 Motions ignore in Jackie Blystone case

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Chart of 21 ignored motions in Jackie Blystone case.

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Path: Case summary\history of motions in this case\6508

This left column showd the powerful Written Word - the Written motion.

This right column describes the spoken word. This is what happened in court where the unprepared lawyers completely ignored the motions. In the end after nearly a year, when we could have won, a weak lawyer named Fred Rogers pleaded guilty. What went wrong in this case? 1. We ordered no transcript. The client was never available and often homeless. Even when the client moved in with me, she was not interested in her case except to get it over. Fred Rogers has a hidden telehone number, no email address, and a hidden home address. When I did talk to him about the case it was too late. He had already pleaded guilty. I was very angry.

These motions are slightly out of order:

Links to each of these 21 motions Set for when? Proof of What happened to this motion?

Filing?

1^st Letter: www.lawyerdude.8k.com/6255.html N/A Yes On 29 March we delivered Letter #6255, an informal discovery request to the district attorney. We had previously attempted to obtain discovery. The public defender’s employee, Dolores said that they did not have my discovery. That was a mistake. Attorney Perryman,had our discovery - even though he was not ever my lawyer. So we went to the prosecutor’s office. When they could not find any discovey for me, we wrote them this letter #6255. This informal demand is the prerequisite to my 4^th motion.

This letter is the basis for our 15 April demand.

1^st motion: www.lawyerdude.8k.com/6261.html Thu 29 Apr 04 Yes We had to take it off calendar because we did not have discovery papers yet.

My 1^st Suppression motion.

2^nd motion: www.lawyerdude.8k.com/6258.html Thur May 13 Yes We had to take it off calendar because we did not have discovery papers yet.

My 1^st Demurrer

3^rd motion: www.lawyerdude.8k.com/6264.html Fri 2 Apr 04 On April 2, Jackie made her 2^nd court appearance. She was supposed to show up with a lawyer. She could not shop for a lawyer without the police reports.

2^nd Motion to continue arraignment.

4^th motion: www.lawyerdude.8k.com/6279.html Thur15 Apr ? Refused at window 10:30 pm Apr 15. Woman said to file in court. I wanted to present this and have it filed. I think that this is this the day when Judge Purnell did not let me speak and assigned a PD who looks like Colonel Sanders? He did this against my wishes and without any Faretta hearing. This PD guy (Perryman?) did not even talk to me. He mistakenly pleaded guilty; there was a demurrer pending. He shooshed me when I tried to explaint to him. He also waived my arraignment without my consent or consultation.

My first 1045.5b Discovery Motion

5^th motion: www.lawyerdude.8k.com/6287.html Yes Filed 21 April. We filed an interlocutory appeal to permit the court to fix it’s own mistake before going to the court of appeal. Somebody rejected this without signing the rejection letter. Then we talked to them. Then they accepted it weeks later. They they denied the appeal before we even filed a brief. We have not even received the transcripts yet. Observe that in Charlie’s case, the transcripts took months but they quickly showed a nearly identical mistake; the court mistakenly entered a plea for Charlie while he had a demurrer pending. http://www.lawyerdude.netfirms.com/5826.html shows how they defaulted on Charlie’s appeal also - before we got the transcripts.

1^st Notice of Interlocutory appeal

6^th motion: www.lawyerdude.8k.com/6297.html Thur 29 April ? Don’t remember. They did not let me talk.

2^nd Written Demand for discovery order. And my 1^st Motion to continue Demurrer because we have not received discovery

7^th motion: This “nature and cause” motion was never written. It’s function is performed by the 1045.5b motion.

8^th motion: www.lawyerdude.8k.com/6311.html Thu 17 June We could not go forward for lack of discovery.

My 2^nd Demurrer.

9^th motion: www.lawyerdude.8k.com/6313.html Thu May 13 Did we actually file this?

1^st Notice of appeal to court of appeal.

10^th motion: www.lawyerdude.8k.com/6314.html Thu 17 04 Yes Have filed stamped copy. We took this Amended Suppression Motion off calender because of refusal of discovery. You can’t do a suppression motion until you read the allegations in the complaint, police reports, and supplemental discovery in this case from other cases. They are keeping us in the dark trying to get to the probable cause hearing while keeping us from being prepared.

Folder #682. My 2^nd suppression motion

11^th motion: www.lawyerdude.8k.com/6315.html Thu 27 May Filed + unfiled On Thursday May 13^th Jackie and I filed this motion. I made a note in my diary. The line was so slow. Jackie went to court. This is her 3^rd request for discovery order. Folder 683. They filed this and then unfiled it. I was there at the window from 1:50 until 2:20. I let some people go in front of me. I left the court at 3:01 pm and went to Vons and then home. I talked personally with Irene Lopez. She took the motion and then went to discuss it with somebody. The reason was that Jackie is represented by public defender and the file clerks won’t accept motions from Jackie. Been down that road before. Violation of Faretta.

My 3^rd 1045.5b Discovery Motion

12^th motion: www.lawyerdude.8k.com/6321.html Thu 20 May 04 NO Looks like the copies in Jackie’s file. Maybe Jackie did not serve any copies of this motion - but it is just as well - because the facts in the declaration are wrong in that nobody went to the court of appeal that morning. Jackie did not file this motion ever. Thursday, May 20, 2004. Demand to vacate today’s date for the prelim and continue it until after the court of appeal has reviewed my application for wit of mandate and until I have I have received my discovery items and after I have had a hearing on my suppression motion and demurrer. Began writing this at 7:15 and sent it to court with Jackie Blystone in her car. This is her first full day back. She arrived with her car last night from Hayward.

2^nd Demand to vacate today’s date for the prelim and continue it until after the court of appeal has reviewed my application for wit of mandate with a renewed 1045.5b

3^rd suppression motion 1045.5b

4^th Discovery Motion

13^th motion: www.lawyerdude.8k.com/6323.html Thu20 May 04. I think that Jackie did not file this on the 20^th and it is good that she did not because I did not make it to the court of appeal that day.

1^st Faretta Demand and Marsden motion.

14^th motion: www.lawyerdude.8k.com/6319.html Thu 20 May 04 We delivered this in person on 20 May. The clerk wants transcripts and copies of motions. I think that she is right. Later in the day they give me a big fat sample writ.

Petition for Writ at Court of Appeal

15^th motion: www.lawyerdude.8k.com/6335.html Not filed

Notes for 3^rd Demurrer. Amended Partial Demurrer. Began on Tuesday, May 25, 2004.

16^th motion: www.lawyerdude.8k.com/6336.html Thu27May 04 I have all the copies in my folder. This proves that Jackie did not file any of these motions on think that Jackie did not file this motion on May 27. She did not debrief. I got the folders back days later. Jackie confessed to me on June 1 that on May 27^th she did not attempt to file any of the motions that I wrote to be filed that date

Folder #736. My 3^rd 1045.5b Discovery motion.

17^th motion: www.lawyerdude.8k.com/6324.html Thu24 Jun04 We had to take this off Calender because we could not do it in the dark. They have still not given us our discovery for round 1.

Folder #737. My 2^nd 1538.5 Suppression Motion

18^th motion: www.lawyerdude.8k.com/6338.html Thu27 May04 Jackie confessed to me on June 1 that on May 27^th she did not attempt to file any of the motions that I wrote to be filed that date.

Folder #736. 2^nd Faretta Demand and 2^nd Marsden motion. 5^th Discovery Motion

19^th motion: Motion 6339 27 May 2004 Not written

Folder #744

20^th motion: www.lawyerdude.8k.com/6340.html Thu 10 Jun04 I think that 10 June was in court 12. Or maybe they went back to 11.Folder #745: 6^th Discovery motion. Motion to vacate trial date and prelim date due to failure to produce discovery

Former 20^th motion: www.lawyerdude.8k.com

1045.5b discovery motion - seems to not have been written

21^st motion: www.lawyerdude.8k.com/6360.html Not written yet. Not set. Based on 3789 and Russell case from Gilbert book.

Folder #746: 1^st motion to hold the state bar act unconstitutional and to permit Palaschak to defend Jackie

22^nd motion www.lawyerdude.8k.com/6477.html June 17. Public Defender refused to present it.

Folder #762. 7^th Discovery motion. Motion to Vacate our motion - due to their refusal to give us discovery

23^rd motion: www.lawyerdude.8k.com/6497.html Tue 29 June Not written.

Folder #767. discovery motion. PC 1045.5b

24^th motion: www.lawyerdude.8k.com/6507.html Tue 6 July My Public Defender Denise McPeak failed to appear. She was sick on this day after a 3 day weekend. She said last week that she will not argue any of my motions. Today’s prelim was continued 2 days. Nobody said anything about this motion that was set for today. Also, Judge Purnell was not there. There was a different judge.

Folder #779 8^th Discovery Demand. Also Demand to vacate the Prelim.

Public Defender withdraws after all these months. Conflict of interest that existed from the beginning.

I write a nasty letter to Joel Steinfeld.

Appointed CDA lawyer from Westlake, John, has conflict of interest. We try to get Bobby Schwartz, but we fail.

Joe O’Neill tries to step in. I have experiences with him. He sucks.

Thursday November 19, 2004. !st appearance by Fred Rogers for Jackie Blystone. For the first time, somebody tells the prosecution Jackie’s side of the story.

Dec 2nd. Court appearance. Fred signed on. Continued until January 11^th

Jan 11^th. Next court appearance.

Friday, July 2, 2004. Upgraded Friday, July 9, 2004. 4 a.m. Upgraded. Counter reinstalled: 11/28/04

Key words: motion motions methamphetamine search seizure 1538.5 marsden recusal perryman pre-trial pre-plea discovery court appeal filed demand case 1045 1045.5 1045.5b demurrer suppression www.lawyerdude.8k.com/6508.html http://www.lawyerdude.8k.com/6508.html www.lawyerdude.8k.com/jackie.html blystone jackie palaschak douglas lawyerdude http://www.lawyerdude.8k.com/jackie.html prelim appointed counsel vacate faretta continue defender public transcripts transcript public defenderCDA clerks refused fileconflict interest McPeak empowerment litigant pro se steinfeld joel sucks

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