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6248
Larry Thomas’s First Traffic Motion. Portland, Oregon.
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Larry Thomas
5530 Northeast 122nd Avenue #128 Portland Oregon 97230
503 253 8872 Cell phone: 503 970 7860
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Oregon Circuit Court at Multnomah County Court House
1021 Southwest 4th Street Portland, Oregon 97204
Room 124
www.ojd.state.or.us/mul/About.html
Unknown Prosecutor
v
Larry Thomas
Ticket #Z1173474
Document Number 6248 version 2
1st Document by Larry Thomas
Motion for continuance in order to obtain legible ticket and notice of the nature and cause of this trial.
Request for Legible Complaint
Challenge to court’s jurisdiction under Rhode Island v Mass.
Declaration of Attorney Douglas Palaschak
Date: 25 March 2004
Time:
Place: Multnomah County Cths. Oregon
Notice of Motion
To all parties and counsel: Be advised that at the venue designated in the caption or at such other time as the court may designate, Larry Thomas will ask the court to continue this matter until Thursday April 22, 2004.
Table of Contents:
Memorandum of Points and authorities
Table of Authorities cited herein:
Table of constitutional provisions cited herein:
Statement of the case
I was driving prudently. The police man gave me a ticket. I faxed the ticket and all me papers to my lawyer in California. The lawyer cannot read the ticket. The papers accuse me of violating “the basic rule”. Obviously the clerk who wrote the papers also cannot read the ticket - because she wrote “basic rule” instead of the code number. My lawyer does not know what “the basic rule” is. I would like to read the basic rule also. The prosecution has failed to cooperate in my attempt to discover how the radar device works. I need time to prepare a motion to compel production of answers. This motion is not made for purposes of delay.
Signed ________________Larry Thomas. March 24, 2004
Request for Notification in writing of the charges - a legible ticket will suffice
I ask for a legible ticket or a written complaint. I am happy to come back and deal with this when the case is ripe.
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 legibly in writing what law I have violated.
Signed ___________________Larry Thomas March 24, 2004
Declaration of Attorney Douglas Palaschak
I, Douglas Palaschak, declare the following under penalty of perjury: I have 20 years experience as a licensed lawyer. Larry asked me to provide assistance of counsel to him. I cannot read the fax copy of the ticket. Both the front and the back of the ticket show through the paper when only the front side is copied. Also, the handwriting on the ticket is . . .. .well its not the Palmer Method that the nuns taught us.
Speaking of nuns, the basic rule is a bad thing to violate. However, if Larry is to be prosecuted he must be told the number of that rule so that we can see what it said. As I recall, the basic rule is “Do unto others as you would have them do unto you”. I know Larry. I know that he was not caught violating the basic rule. We need some time and we need to be informed of the statute number so that I can be effective in my counsel.
Signed ______________________ Wednesday, March 24, 2004
Memorandum of Points and authorities
Table of Authorities cited herein:
Table of constitutional provisions cited herein:
“effective assistance of counsel” clause of the 6th amendment 1
“nature and cause” clause of the bill of rights 1
Rhode Island v Massachusetts (1838) 37 U.S. 657 http://www.lawyerdude.netfirms.com/rhode.html 1
2
Memorandum of Authorities
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 or at least a legible ticket. Until then, the prosecution must stop.
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. 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.
I, __________________________________, declare the following under penalty of perjury:
On 24 March 2004 I served this paper at the court filing window in person at ___________ pm. This serves as notice to the court because the judge and clerk in this case are also the prosecutors.
Signed ___________________ Date: _________