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Post by Harrison on Feb 26, 2011 11:34:19 GMT -5
WHOOPS!!!! Someone did their job and it got out of the county!!!! and cought me totaly off gaurd, as I'm sure it will the other parties!!
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Post by Jim on Feb 26, 2011 13:08:00 GMT -5
Very INTERESTING..............
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Post by Harrison on Feb 28, 2011 13:03:04 GMT -5
Just got off the phone with Sandy, my appeals court case manager. I told her what was going on and no one was more surprised than I that the appeal made it out of the county. I asked her to send me the paper work I need because of the misdirection I received from my clerks office. She was more than happy to. so I suggested an e-mail. Sandy agreed that would be more efficient and faster, so she is going to scan it and send it. WHHHOOOOO!!!! I wish I could see the PA's & PD's faces when they open their letters. They thought I was trapped, but some one at the clerks office must not like what's going on in that courthouse, or just believes in doing their job. What ever the case it has picked up my mood knowing there are at least two people inside the system that at worst do the job they are paid to do, and at best make it pleasure and use the intelligence given to them! THANKS TO SANDY!!!
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Post by Harrison on Mar 5, 2011 14:21:44 GMT -5
Well, we were able to make service and get an order of indigency in place because Sandy emailed the correct papers. The counties new comm. wasn't going to sign it after a review of the case, but when I said I was doing what the court of appeals clerk told me to do. He said he should look it over again and went straight to the lead judge and brought the paper back signed and even apologised stating he hadn't run into this paper work before. I said that's OK me either. We had a little chuckle and I think out of curiosity he asked on what grounds is the appeal based? I answered on Dec. 10 and he said you mean 17th. No the 10th was our first hearing date and I had filed a summary judgement motion for dismissal on the grounds of lack and insufficiency of service and at one point I was standing right there with two summons and notice one in each and they would NOT let us in the court room violating our right to be heard, to be ......After listing a handful of rights, with a shocked look he said, ok come on and he took me in to the clerks office and made sure I set up with every thing I need. On the way out he asked wasn't Tom provided council? Oh yeah I said I know these are strong words in your line of work, but can you say ineffective counsel. Oh, he said we shook hands and I was off to effect service on the PD. This proved to be a problem there is no PD office in this county and she doesn't keep an office. Thur. I went in to the courthouse to find out what the procedure to get the sheriff to serve her would be (got the run a round) and there she was I asked her to wait there for one min. and I went to get my friend. She couldn't even wait, so we did a few minutes later she was served and mission keep the appeal alive was complete. I'll call Sandy Mon. and see what the next step will be. I like the new comm., I call him judge Bob it seems to be a fair honest man, but he hasn't earned my trust just yet.
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Post by Jim on Mar 8, 2011 12:32:46 GMT -5
Keep me posted on this Harrison, sounds like your making a bit of movement and currents with this.
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Post by Harrison on Mar 9, 2011 11:25:28 GMT -5
Judge Bob said we still have to show Apr. 1 for the attendance review. The friction should keep the room toasty warm. Yeah!. and this is just my practice run. I hope there's still water in the pond by the time I get to the real fire works. Well at least the fish won't think a bite of my ass is free. All this over truancy? WRONG!!! I know judge Bob under stands that and what he has to say to the PD & PA may make it into the record books.
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Post by Harrison on Mar 9, 2011 15:14:20 GMT -5
Sandy at supreme court had to call my county clerk and ask them to do what Judge Bob told them to do over a week ago. I can't imagine the convo. was to smooth......she now has the docs.
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Post by Harrison on Apr 1, 2011 11:54:32 GMT -5
It's April fools day, how fitting. I called the supreme court yesterday, they had just received the papers from the clerks office that was supposed to be there nearly a month ago, as per judge Bob's personal request and the supreme court order. This last month Tom was out of school for four days with the flu. The school called telling me that Tom had missed enough days this year that the school will require a doctors note to excuse the absents. I said I hadn't been informed. She said I was informed at the last hearing. I said yes that motion was made and denied and how would you know? I didn't see you there. Anyway, I'm sure the PA will push for contempt. Here's what I see; 22 of those days have been adjudicated upon, can you say twice tried. I even kept Tom home from school for fear they may try and through him in detention or hold him after so as to miss the hearing (1/2 day). I also filed a declaration with ALL three courts I'm dealing with (superior, appeals & supreme). I'm hoping this will give judge Bob a clear path legal path to fallow.
Supreme Court of Washington State
In re: Harrison Blevins/ Thomas Blevins
Petitioner(s), and Shelton School Dist.
Respondent(s).
No. 85736-9
Declaration of _Harrison Blevins_______ [Name] (Optional Use) (DCLR)
This declaration is made by:
Name: Harrison Blevins _____________________________ Age: ___44______________________________________ Relationship to the parties in this action: ___Father and self____________________
I Declare: At the start of the school year Sep. 2010 Thomas went to the school to have his schedule changed to classes he needs for graduation as he had requested. This having been one of many scheduling deficiencies that had taken him off track of needed credits. After weeks of pleading with the councilor, the schools response was it is too late to change classes at this point. Thomas came to me and said,”They won’t give me the classes I need, and I don’t need that schools help to fail. I’m not going any more.” I told him in that case, let’s get you a GED and you can go into job corp. or some such program, he agreed. Why the school has any right what so ever to block our right to choose an educational path would at best be a conflict of interest and at worst a violation of rights, as set forth by the U.S. Supreme Court in many cases, such as Wisconsin v. Yoder 406 US 205 (1972). To this day, I have yet to get a response from the principal of Shelton High School. Her written permission is mandatory for Thomas to take the GED test. The ten days required under RCW 28A.225 were meet but the school did not meet all of the pre-filing obligations RCW 28A.225.020. On Nov. 19, 2010 I received a letter from the office of Mason County Prosecuting Attorney it was a summons and notice of hearing for the truancy of Thomas. This was a letter, not the service of process required by RCW 28A.225.030 (5) Petitions filed under this section may be served by certified mail, return receipt requested. If such service is unsuccessful, or the return receipt is not signed by the addressee, personal service is required. I then filed a summary judgment motion for dismissal on Dec.3, 2010, CR12b(4)&(5). The date of the hearing, Dec.10, 2010, we arrived early and awaited our right to be heard. This however was not to be, I was handed another summons and notice of hearing now dated for Dec.17, 2010. After about 10 min. the prosecuting attorney appeared and said, “You’ve been properly served you can go home.” I said, “No, I can not! I have a summary judgment motion in front of the bench and the right to be heard.” After a short heated debate and the threat of imprisonment, we left the courthouse. Dec.15, 2010 I filed a new motion stating the improper service and the lack of jurisprudence but the Commissioner just couldn’t “wrap his hands around it” and then with no more than ten days of absentee put forth as evidence the Commissioner took jurisdiction. Thomas had returned to school long before the court dates, mostly due to fear of the schools inaction and retaliation tactics. I don’t know what kind of justice system we have experienced but, I am sure that more than the due process clause of the 14th amendment of our constitution has been violated, along with state law and basic civil rights. . I would point out that on Dec.10, 2010 there was no public representation for any of the students as required by Bellevue School Dist. v. E.S. 148 Wn.App.. 205, 199 P.3d 1010 (2009). As to appointed counsel in this case, I’m sure work load was a factor, but to say this is ok?? Most of the facts mentioned here can be attested to in Dec.10 & 17 transcripts. How can we ask our children to be proud of America? When their leaders haven’t enough pride to be American
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Post by Jim on Apr 1, 2011 18:57:30 GMT -5
My gosh Harrison, these people are out of their minds, this is as a revolving door that does not stop. I think you should find a way to shut it down.
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Post by Harrison on Apr 1, 2011 22:24:11 GMT -5
Jim my man! It take 17000 mph to make orbit, the Earth spinning @ about 1000 mph, the Earths orbit is 66,000 mph, and no matter how fast light is, a good person is a good person. Judge Bob knows the defence I will make........ the PD has come to hate me and why not...I'm better at her job than she is.......
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Post by Harrison on Apr 1, 2011 22:31:48 GMT -5
If we have alll been paying attion, this leads to jurisdiction. An illegal order..... is not an order at ALL
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Post by Jim on Apr 2, 2011 7:49:03 GMT -5
seems like with the right move now you can shut it down....
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Post by Harrison on Apr 2, 2011 13:06:52 GMT -5
The ACLU won't help with representation but they did send me the friend of the court brief they used in Bellevue school v. ES. I tried to post the two pages of authority it has, but couldn't. Yes 2 pages. It was sweat judge Bob and I went on about the up coming show cause hearing, until he said don't you want to confer with council? I said why I still won't be ready. He tilted his head and the look on his face told me what he was saying was "Oh come on let her play to"(THE PD) So I turned babbled some crap at council and turned back and said "still not ready". I swear I heard a snicker under judge Bobs breath. Our hearing is set for Apr. 15, Any ideas are good ones? ?? Welcome to Shelton school dist.s :::: P.E. to penitentiary program::::: In this program you can skip the waisted time of building a life before we illegally strip you of your rights and incarcerate you or press you in to servitude. After all what could be more noble than stamping the licence plates for the people whom were vicious enough to take your rights in the first place.
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Post by Harrison on Apr 9, 2011 12:32:09 GMT -5
OK HERE WE GO!!!! Fri. went to the court house to file the motion for dismissal and a stack of statue and president that didn't go bad and I learned about cover sheets. Then silly me I asked for a copy of the transcripts Judge Bob order over a moth and a half ago. The clerk was has helpful as she could be and call the court administration office the issue is so complicated that I had to wait for a woman to come and explain it to me. I said "I need a copy of the trans. for defence in a show cause contempt hearing next Fri. and I have an order of indigency on file with this court house." Now you wouldn't think that is to much to ask when by law the contempt charges being faced are in fact criminal, but that dumb bitch was more than willing to even argue that fact. This is what she had to say, "You can pay for them but I doubt very highly that they will be ready." My reply, " There is an order of indigency filed with an order requesting those transcripts and it has been on file for over a month and a half." "Oh well er um" she stammered briefly, " You appealed and we can do nothing until the Supreme court makes it's decision." I said, "That won't be until the 24th and I need them by next Fri. the 15th and Judge Bob ordered them they should have already been done." "Oh, he did!!!" she replied uneasily, " Well I'll talk to him and see" Knowing that the request for the transcripts were part of the indigency order I said "You do that! I guess we have nothing more to say." She nodded her head and we parted ways one of us a little scared and one of us pissed as hell. After a cold beer and a little time to settle down, it dawned on me like a 12 ga. slug to the forehead. HEY WHAT IF THAT WOMAN IS RIGHT!!!! ?? The court of appeals accepted the case wouldn't that take it out of the superior courts jurisdiction? ? and if so they have no right or grounds and have wrongly put us in jeopardy three times come the 15th. Any thoughts, ideas, a little help? please, I'm not sure what to think about this latest wrinkle? ?
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Post by Jim on Apr 9, 2011 19:55:52 GMT -5
OK HERE WE GO!!!! Fri. went to the court house to file the motion for dismissal and a stack of statue and president that didn't go bad and I learned about cover sheets. Then silly me I asked for a copy of the transcripts Judge Bob order over a moth and a half ago. The clerk was has helpful as she could be and call the court administration office the issue is so complicated that I had to wait for a woman to come and explain it to me. I said "I need a copy of the trans. for defence in a show cause contempt hearing next Fri. and I have an order of indigency on file with this court house." Now you wouldn't think that is to much to ask when by law the contempt charges being faced are in fact criminal, but that dumb bitch was more than willing to even argue that fact. This is what she had to say, "You can pay for them but I doubt very highly that they will be ready." My reply, " There is an order of indigency filed with an order requesting those transcripts and it has been on file for over a month and a half." "Oh well er um" she stammered briefly, " You appealed and we can do nothing until the Supreme court makes it's decision." I said, "That won't be until the 24th and I need them by next Fri. the 15th and Judge Bob ordered them they should have already been done." "Oh, he did!!!" she replied uneasily, " Well I'll talk to him and see" Knowing that the request for the transcripts were part of the indigency order I said "You do that! I guess we have nothing more to say." She nodded her head and we parted ways one of us a little scared and one of us pissed as hell. After a cold beer and a little time to settle down, it dawned on me like a 12 ga. slug to the forehead. HEY WHAT IF THAT WOMAN IS RIGHT!!!! ?? The court of appeals accepted the case wouldn't that take it out of the superior courts jurisdiction? ? and if so they have no right or grounds and have wrongly put us in jeopardy three times come the 15th. Any thoughts, ideas, a little help? please, I'm not sure what to think about this latest wrinkle? ? How could they accept the appeal when its still pending in superior court? you lost me on this one. As for the transcripts, contact the court reporters office to find out the status etc,,,,,at least thats the way it works here. Everytime I needed them I go straight to the court reporters office and by-pass all the ones inbetween....
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