im currently at the stage of writing an opening brief, i have been dealing this with right turn on red camera ticket for almost a year now, im trying to do everything i can to fight it. Basically im now at the final stages of when i write the opening brief, the other side writes a reply to my opening brief, and then i write a final reply and then the judge decide on the final judgment.
here is what my brief kinda looks like, i was wondering if anyone maybe has something to add, i couldnt find any laws to back up my statements, is there such laws that the officer is obligated to provide certificates and other papers, when asked by the defendant? What about a law about the judge assisting the other side during the case? Basically ill be taking my chance with my opening brief and hoping the other party doesnt reply, without any laws to back my brief up, seems like thats the only way i might win this appeal. any suggestions please?
SUPERIOR COURT OF CALIFORNIA
County of Sacramento
720 Ninth Street Room 101
Sacramento, CA 95814-1380
(916)874-5403
___________________________________
THE PEOPLE OF THE STATE OF ) APPELLATE DIVISION #XXXXXXXXXXXXX
CALIFORNIA ) SUPERIOR COURT #XXXXXXXXXXX
Plantiff/Respondent )
vs. )
NICK XXXXXXXXXXXX ) NOTICE OF APPELLANTS
Defendant/Appellant ) OPENING BRIEF
___________________________________
DISTRICT ATTORNEY NICK XXXXXXXXXXXXX
Attn: Writs & Appeals 6925 XXXXXXXXXXXX DR
901 G Street XXXXXXXXXXXX, CA XXXXX
Sacramento, CA 95815
Notice of Appeal was filed for the following reasons.
-Officer did not present a city permit for the camera after being asked by the defendant.
-Office did not present the paperwork to show when the camera was installed when asked by the defendant
-Officer failed to provide a valid permit of certificate to be able operate and review the Red light camera system.
-When the defendant asked for such paperwork from the officer directly, the Judge in this case stepped in and asked the Defendant to provide evidence that the officer needs to provide such paperwork as evidence, therefore, the Judge assisted the officer with this case and thus removing himself from an impartial Judge. By doing so the Judge violated the Defendants rights.
-Officer J.Schafinst Badge #285 was not the officers at the scene during the alleged violation, thus being the witness againt the Defendant in court without any paperwork or certificates asked by the Defendant, makes this officer illegible to be a witness against the defendant in this case.
CONCLUSION
With the information given and the way this case was handled, the Defendant asks for the case to be dismissed, due to lack of needed information asked to be provided by the Defendant and the fact that the Judge assisted the officer in this case during the Defendants cross examination, and removing himself from an impartial Judge and Violating the Defendants rights.
NICK XXXXXXX
______________________
Defendant/Appellant
here is what my brief kinda looks like, i was wondering if anyone maybe has something to add, i couldnt find any laws to back up my statements, is there such laws that the officer is obligated to provide certificates and other papers, when asked by the defendant? What about a law about the judge assisting the other side during the case? Basically ill be taking my chance with my opening brief and hoping the other party doesnt reply, without any laws to back my brief up, seems like thats the only way i might win this appeal. any suggestions please?
SUPERIOR COURT OF CALIFORNIA
County of Sacramento
720 Ninth Street Room 101
Sacramento, CA 95814-1380
(916)874-5403
___________________________________
THE PEOPLE OF THE STATE OF ) APPELLATE DIVISION #XXXXXXXXXXXXX
CALIFORNIA ) SUPERIOR COURT #XXXXXXXXXXX
Plantiff/Respondent )
vs. )
NICK XXXXXXXXXXXX ) NOTICE OF APPELLANTS
Defendant/Appellant ) OPENING BRIEF
___________________________________
DISTRICT ATTORNEY NICK XXXXXXXXXXXXX
Attn: Writs & Appeals 6925 XXXXXXXXXXXX DR
901 G Street XXXXXXXXXXXX, CA XXXXX
Sacramento, CA 95815
Notice of Appeal was filed for the following reasons.
-Officer did not present a city permit for the camera after being asked by the defendant.
-Office did not present the paperwork to show when the camera was installed when asked by the defendant
-Officer failed to provide a valid permit of certificate to be able operate and review the Red light camera system.
-When the defendant asked for such paperwork from the officer directly, the Judge in this case stepped in and asked the Defendant to provide evidence that the officer needs to provide such paperwork as evidence, therefore, the Judge assisted the officer with this case and thus removing himself from an impartial Judge. By doing so the Judge violated the Defendants rights.
-Officer J.Schafinst Badge #285 was not the officers at the scene during the alleged violation, thus being the witness againt the Defendant in court without any paperwork or certificates asked by the Defendant, makes this officer illegible to be a witness against the defendant in this case.
CONCLUSION
With the information given and the way this case was handled, the Defendant asks for the case to be dismissed, due to lack of needed information asked to be provided by the Defendant and the fact that the Judge assisted the officer in this case during the Defendants cross examination, and removing himself from an impartial Judge and Violating the Defendants rights.
NICK XXXXXXX
______________________
Defendant/Appellant
