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Post by Harrison on Jan 17, 2011 10:28:04 GMT -5
MISSION 3: Fri. phone recon. Called the clerks office, it was a.......special conversation. I asked in what order my waiver and notice of appeal need to be filed and the procedure that is involved. Just to check myself I asked then to exercise what the job description of that office calls for, ya know, to do their job. They, as in NO ONE in the whole clerks office hadn't even a slight clue as to any of my inquiries. The clerks best bet was to transfer me to court administration. Well, after explaining the difference between a simple review and a review also known as an appeal FOR THE SECOND TIME at the SAME COURTHOUSE to two individuals who's JOB IT IS TO KNOW. Has me wondering about what the administrative office told me. That I file the waver and notice at the same time. Then it goes in front of a superior court judge to grant or deny. (the court we are appeal out of passes judgement on us again before we can move on....Hmmm) I'm going to go back over the court rules and laws today. I should be able to get the waiver of fees so I can get transcripts and documents without it hinging on the case already ruled on by the superior court.
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Post by Jim on Jan 18, 2011 9:51:22 GMT -5
It's not "profitable" for the system for these people to explain anything to you even if they are completely aware of what exactly you need to do. The most common answer you get from these pathetic people is "We can not give you legal advice, you must consult with an attorney". Attorneys love the clerk of courts office! Keep on keepin on....
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Post by Harrison on Jan 21, 2011 21:53:22 GMT -5
MISSION 3: Looked and went back and looked again. No standarded form on line. I did get it but had to go in and ask for the correct forms. Got em'!!!
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Post by Harrison on Jan 31, 2011 20:13:10 GMT -5
Had a thought, what about a motion for a vacation of order? The school has a conflict of interest. As of this year, it is mandatory for anyone 16-19 to get get the permission of the principal of the school to take the GED, a legal and legitimate defence. As stated in said law RCW 28A.225. The "judge" will have retired and a new commission will be at the attendance hearing this Fri. May be a good time for a test. My appeal time is over on the 16th of Feb., but if I submit the appeal ,will it interfere with the motion. This is exasperating!!!!!
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Post by Jim on Feb 1, 2011 15:31:23 GMT -5
If you can find caselaw and code to back the motion to vacate the judge may have to seriously consider it, seems it may also buy you another 30 days to file an appeal too if it is part of the ongoing case? not sure, may have to research that a bit.
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Post by Harrison on Feb 2, 2011 14:26:43 GMT -5
I can't find a case that comes close! When did they start dragging you to court just to not let you be present at the proceedings.
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Post by Harrison on Feb 4, 2011 12:06:41 GMT -5
Up in the mornin' to get ready for court, the attendance review is today. Too late to file a motion, but under civil court rules I can make a oral motion, written would be MUCH better. Did a 12hr. + cram yesterday and first thing got on track found precedent, code and were to find them. TACTICAL BATTLE PLAN: Feb. 4, 11 OPPERATION TRAP DOOR The opposition can't possibly see this coming, the PD a supposed comrade, is named in the attack (ineffective counsel), without her cooperation the weapon will be used! PLAN: The plan will be to get to the court house double early as to file my waiver of fee and notice of appeal. Then proceed to hearing and confront the new commissioner, hopefully with the help of the PD, not mandatory. The standard procedure is to brow beat the defendant and order another round of attendance jeopardy (attendance hearing) for the next month at which point you're expected to sign an appearance notice. If the motion for vacation of order fails (Most probable). I will not sign!!! The court will most likely threaten contempt and at that point our full rights criminal and civil come in to play, the threat is all I need! Then the earlier filling comes in to play, I can not sign because it may interfere with the jurisdiction of the higher court. This last motion if granted will set things right and I may walk away, hesitation or refusal to cooperate will lead to an appeal and emanate law suit for deprivation of our rights. OK troops lets head em' up and see how many of our civil liberties can be infringe upon today!!!!
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Post by Jim on Feb 4, 2011 20:57:08 GMT -5
lol, its almost ridiculous to even try when they have got away with so much already, but I wish you luck. Let me know whats up.
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Post by Harrison on Feb 5, 2011 0:39:47 GMT -5
***** FRONT LINE REPORT********* Opp. TD (no punt intended) All troops on station at pick up (picked Tom up from school). Arrived at conflict zone on time and laid ordnance (got to the court house and filed notice of appeal). Upon entry into the combat zone the judge found said NOA and addressed it promptly. He was very clear that this was NOT the correct appeal and was ready to hand it back, but what do you know it was filed! So it must go into the record. That shook shit up. The judge even asked the PD if she needed time with her client. She looked at me shaking my head and declined. The PA opened with a oral motion that Tom be court ordered to stand on his head and cock-a-doddle-do (you get the idea). The judge ask him were is the motion, after a few seconds of AH-AH the judge said I can't do anything with out a motion. So would you like to hold this over for contempt charges or remand this over for a standard hearing. The PA stammering got out standard. WOW!!!!! It's a hole new battlefield, raced through my mind and suddenly the realization that his rule seems to be no paper work no consideration. Whoops...I guess now we're playing by the rules. The operations impact my not be immediate, but the attempt at appeal, with the fact that it's on record, will show intent. It's really fun watching the PA wear his ass for a hat. Although the strategy was compromised (yeah rules) it wasn't pieces of my ass in the judges teeth. And I made it on record. I'm calling it a win, not a good one. Just a win.
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Post by Jim on Feb 5, 2011 10:01:37 GMT -5
great job! a little win is always something to mark on the calendar and create a holiday for. They must of thought about their arrogance and mistakes possibly being brought to the attention of another higher court and aware you are thinking in that direction and are now willing to somewhat "wake up" and recognize that there are actually rules that matter somewhere in the mix of there nap time and may actually straighten this out somewhat. yes a little win is something big always in these unfamily courts......
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Post by Harrison on Feb 5, 2011 13:10:02 GMT -5
The big factor in that hearing was the new sitting commissioner. It looks like he expects a professional litigator to act as such. After giving the PA his choice for contempt, he muttered "I should think so there are no grounds for any of this......" and he kind of faded out. The tone was such that I could almost swear I heard dumb ass or idiot at the end of it. On the other hand he explained my mistake very pleasantly. Although he did poke at the PD a little to wake up. In the PA motion he tried to say there was an on going medical condition, he was in the added sanction before I could get the PD to speak up and then it was excuse me your honor not, objection facts not in evidence. Oh yeah, As he considered the appeal he was looking through the file and at the end of his explanation he said every one has the right to appeal any decision. The way he said this while nodding was so positive. Like he was reassuring me I was on the right track. Time to help the guy's get a fair shake. The previous judge was so far off the map that his bench was lit by alpha century. On to mission 4: advise PD appeal is imminent. Tell her if she can get her hands on the proper papers I will do the work and have her check it before filling. Maybe that will prompt her to cooperate at little bit.
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Post by Harrison on Feb 11, 2011 9:58:07 GMT -5
JIM, You were RIGHT!! They all worked well together (conspiracy) to burn my time for appeal!!! How ever I did get the recording of the hearing on CD (not admissible in court). It's so blatantly unconstitutional...........how can I post it here?? 12hrs. later and I still want to gut and skin those MO FO's while they wiggle.
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Post by Jim on Feb 11, 2011 11:24:37 GMT -5
JIM, You were RIGHT!! They all worked well together (conspiracy) to burn my time for appeal!!! How ever I did get the recording of the hearing on CD (not admissible in court). It's so blatantly unconstitutional...........how can I post it here?? 12hrs. later and I still want to gut and skin those MO FO's while they wiggle. That doesn't surprise me a bit, I had an attorney hold an order one time that I had no knowledge of and send it to me the day the time ran out to file an appeal. They are masters of deception and unethical behavior.......and do not give a rats ass about whats best for the children. Speaking of "ethics" see if any of them violated state ethic rules and file complaints if they did.......that will bother them a bit, other than that you really can not have much success at filing lawsuits against an entity that is basically immune to the law and can not be held accountable for almost anything they do.
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Post by Harrison on Feb 11, 2011 15:06:12 GMT -5
I can't believe the record even exists!!!!!
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Post by Harrison on Feb 26, 2011 11:17:07 GMT -5
Washington State Court of Appeals Division Two 950 Broadway, Suite 300, Tacoma, Washington 98402-4454 David Ponzoha, Clerk/Administrator (253) 593-2970 (253) 593-2806 (Fax) General Orders. Calendar Dates. Issue Summaries, and General Information at www.courts.wa.gov/courtsFebruary 24, 2011 Timothy W Whitehead Mason County 421 N Fourth St PO Box 639 Shelton, WA, 98584-0639 -Harrison Blevins 972 Little Egypt Rd Shelton, WA, 98584 Martha D. Trupp Attorney at Law 2120 State Ave NE Ste 101 Olympia, WA, 98506-65 I 5 ----- CASE #: 41781-2-11 In re the Truancy of: Thomas Blevins Re: Mason County. No. 10-7-00165-6 Case Manager: Sandy Dear Counsel: The above referenced appeal has been opened under the Cause No. 41781-2-11. To date, we have received neither a filing fee nor an order of indigency in this case. It is also noted that no affidavit of service on the other counsel accompanied the Notice of Appeal. See RAP 5.4(b) effective September 1,1994. This case will therefore be placed on the motion docket for dismissal because it appears to have been abandoned. In accordance with the court's General Order 91-1, effective April I, 1991, the motion for dismissal will be determined without oral argument. The motion will be stricken from the docket if a filing -----feeof $280 is paid or an-order ofindigcncy if filed, and an affidavit of seryice...upon1he~ ~, respondent counsel of the Notice of Appeal is filed by March 7, 2011. Very truly yours, 'M,LDavid C. Ponzoha, Court Clerk DCP:skw cc: Mason County Clerk
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