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A huge mess!!! Appeal, Pardon, Motion, Writ

Discussion in 'Criminal Procedure, Criminal Court' started by marxet, Dec 2, 2011.

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  1. marxet

    marxet Law Topic Starter New Member

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    -Wyoming
    -To: whoever may have the power to help.
    -From ******* ******------a Veteran/Citizen-----
    -Suicides... They can be prevented...
    I can say first hand, that poor communication with the courts has been a direct factor in two suicidal situations, and one wasn’t even involved in alleged offenses. The tribulation process costing me so much directly affected his life. My brother and I were in a sense “interdependent.”

    Scattered thoughts about the encounters with my current tribulation process ..
    If I was detained in a Jail in WY for 35 days and was not allowed access to the law library even once after several attempts. Isn’t that a deprivation of rights to access of the courts? Shouldn’t a detainee facing wrong charges should be able to get to the law library, read about the laws and charges they are facing, as well as read about the court rules and procedures to learn how to properly defend themselves in court? The average person is very intimated by the vernacular, and unfamiliar process of tribulation.

    If a judge reads you the right that you’re able to cross-examine the witness in court, and then doesn't even let you say a word the whole sitting, isn’t that a deprivation of rights?

    If the Miranda rights read that “You have the right to an attorney. If you can’t afford an attorney then one will be appointed to you.” And for the first six days in jail and after politely asking the custodial officers several times I was not given any phone numbers for attorneys, or a phone book, then wouldn’t that be a deprivation of “rights to an attorney” if your not given the means to contact one? I eventually had to be creative and resort to a costly method of outsourcing for an attorney’s phone number on the sixth day.

    If prescribed anti-anxiety medication while in jail, and had paid for them. Then shouldn't they be given to you upon release to prevent anxiety/panic attacks while re adapting to home and trying to figure out where you left off in life, while finding everything you’ve worked so hard for in ruins...?

    If you’re arrested for a DUI, they usually take your driver’s license because your driving status changes... But is it standard practice for them to seize your State ID that would be needed to apply for jobs, money transfers, and check cashing upon release? You can’t cash a check if you don’t have ID, you can’t purchase a new ID if you can’t cash the check that would pay for the ID.

    If while in jail, two different guards pull you out of the pod and tell you to quit asking for access to the law library or they will “make life harder” for you... Isn’t that considered a threat? Especially when the stress is already so severe that it’s doing damage to the body? Isn’t life already hard enough for someone in jail and that’s supposed to be innocent until proven guilty…? It seems oppressive to me.

    If after posting 10,000 dollars cash bond to assure court appearance I was not allowed to leave the boundaries of the county that the alleged offense occurred. I lived one county over. Isn't that treating somebody as if they are guilty until proven innocent…? And then once bond terms were finally amended I was trapped within two counties when all of my family is outside that territory, and some work. I had family travel plans and short-term out of state work that is all lost... It seems unconstitutional to me... I have full intentions of going to court. I missed out on a very valuable short-term job in Kansas City. I’ve missed thanksgiving dinner with my grandmother, aunts, uncles, and cousins. I’m missing the opportunity to meet the girlfriend’s family during Christmas. I’m missing the opportunity to be at my mother’s wedding on new years, etc… All is if I’m guilty until proven innocent… That’s not what I was taught to believe before I swore in for this country five years ago.

    If absolutely ZERO chemical evidence to prove a DUI, after a breathalyzer and urine test were completed. Shiny clean of drugs and alcohol. Shouldn't I have been released? Inconsistent hearsay evidence from police officers’ statements and testimonies is very nebulous, and alone should have been enough reason for acquittal/dismissal at the probable cause hearing.

    In WY state law it says that "A person arrested without a warrant shall be released from custody unless probable cause for the arrest is established to the satisfaction of a judicial officer without unnecessary delay, but in no case more that 72 hours." I was detained for 90 plus hrs before initial appearance...

    If the police don't even care to take your statement, and not allowed to speak in court. Isn't that creating a biased/unjust case?

    If you tell the officers that the air duster that you were accused of ingesting was used to try and desperately restore a cell phone (like it really was), shouldn’t the old and brand new phone be taken into account during the seizure of evidence as well?

    If you are suffering the symptoms of a black-widow spider bite, and submitted to a field sobriety test that is sure to fail due to similar symptoms of intoxication. When it was explained to the officer that the black-widow spider bite information was in the passenger seat how is it that the field sobriety test even be admissible? The information clearly states that I would be incoherent, dizzy, nauseous, etc… And those symptoms were the exact reason I wasn’t driving and was sleeping in the walmart parking lot to begin with. The officer should have backed off his stretched allegations immediately. Shouldn’t the hospital printouts have been taken into account during seizure of evidence?

    Shouldn’t the evidence have been photographed before it was altered and partially seized…?

    Shouldn’t there be audio recording of the “traffic stop, field sobriety test, and arrest?”

    Shouldn’t there be video recording of the “traffic stop, field sobriety test, and arrest?”

    If there is a 25-min commute to court, hours in court, and a 25-min commute back to jail, shouldn’t one be allowed to use the restroom at court when they ask three times desperately? I had started to wet myself on the way back and was almost attacked by another very violent inmate riding in that confined space.

    If the prosecuting attorney knows better than to mention prior “allegations” in court because they are inadmissible and proven not guilty, then why did he do it anyway? All it did was fuel an unbiased fire for the current tribulation, and in my opinion that act was criminal. I do thank the judge for stopping him on that matter, but my point is that he knew better and did it anyway.

    If during the arrest I had asked the arresting officer for my glasses from the cubby in the center console, shouldn’t it have been done? At that point my health was dependent upon the custodial officers cooperation. I was cooperative. Why weren’t they? They were not retrieved and I suffered severe headaches from not having them, along with the stress. Doesn’t that seem like I was deprived very important “prescribed” eyeglasses due to malpractice, laziness, carelessness, and oppressive actions by the arresting officers?

    When one guard tells you one thing and another tells you something else on a regular basis, doesn’t it de-stabilize the structure of the living environment for the detainee’s? It seems to be metaphorically “liquefying reality” for the detainee’s and causing a further misunderstanding and faith in the justice system. In a manner of speaking it seems to be creating criminal thinking and methods for some that start to lose faith in the fact they are only being helped. I have witnessed that it is far too easy for a detainee to forget they are there for help and they’re constantly rebelling to what are, or seem to be oppressive circumstances. Shouldn’t something be done about this? This factor alone has got to be costing millions to the state and families, as well as many unnecessary heartaches, and headaches.

    If you ask several guards how to file a writ of habeas corpus and not even one knows what you are talking about shouldn’t there be something done about that?

    With all the issues above? Is there a suit for recovery of damages? And more important. Would the police department, detention center, and courts admit to such activity, and address these issues to correct them, whichever ones may be needed? Most of these issues really do need to be addressed. They’re directly costing far too much for the citizens as a whole. And directly costing innocent people and relatives far too much! It has burdened my family so severely that my brother has attempted suicide… and I have sought help since then, but I can honestly say that these matters are directly related to some fairly recent thoughts of suicide for me as well. I am strong enough to turn away from them before they become actions and there is no need to worry. This is in no way a hostile demand for help from the courts by threat of suicide, but it is a prayer that this testimony is heard, and proper corrective actions are taken. I have explained the root of these problems, and I do wonder how many other families are in similar situations. Wyoming has “one of the highest suicide rate in the nation!” The courts currently seem to have lost touch with the citizens, and ability to listen those pleading for help. I am positive I am not only speaking for myself. I hope that something can be done, and I’m willing to brainstorm on ideas, and help any other ways possible.

    I have lost almost everything in this situation; including a very loved girlfriend, a very loved kid that called me dad, all financial stability, severe headaches, severe stress, major depression, major oppression, stigmata, indebted to many, health issues, psychological issues, loss of transportation, almost all assets. I have become a major burden, and the only ones that can truly fix it are the courts.

    In God we trust.

    I pray “De oppresso liber"
     
  2. army judge

    army judge Super Moderator

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    Sir, I suggest you reach out to a couple lawyers in your state.

    You can discuss all of these matters with those attorneys during the initial consultation at no charge.

    You will then be able to select an attorney best suited to represent your interests.



    The law does not provide a remedy for every wrong.

    I wish it did, alas, it doesn't.

    In your state, a rural state in many ways, you won't have access to some of the things that one might find in Chicago.

    Heck, in my state, if one is arrested in Houston; they'll fare better than if they were arrested in the beautiful town of Alpine.

    Seek an attorney and have those discussions.
     
  3. Proserpina

    Proserpina Moderator

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    I strongly recommend a mental health evaluation.
     
  4. marxet

    marxet Law Topic Starter New Member

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    Thank you army judge,,, I have consulted with one civil rights attorney, and one criminal attorney so far. The criminal attorney has taken the case, but I'm having difficulties with finding a civil rights attorney in the area.. I was just curious to hear some outside opinions on these issues....

    Thank You. I have been seeking help with mental health. It has been a very large issue at hand. I am not suicidal, just having anxiety and depression issues that are being treated. But in all reality that's not treating the root of the problem. I did absolutely nothing to deserve having everything stripped from me. After paying the 10,000 cash to get out of jail on bond I wasn't allowed to go home to Missouri around my support network, regain a head start on cash with a job that I was contracted to do. As of now I'm stuck in an unfamiliar town, obligated to finish a job and out of money to do so, almost out of food, no trans, no paying work, 6 inches of snow on the ground. I will figure something out of course, but going crazy trying to tackle all at once and catch up to where I was in life. Curious though..... which part had you thinking i should get a psych eval?
     

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