Lawyerdude's standard for effective assistance of counsel re public defender and 6th amendment

5635 Version 1.003 Lawyerdude: 541 476 8954 Lawyerdude1989@yahoo.com Dlawyerdude@gmail.com

Lawyerdude’s Standard to Replace the useless Strickland test

This page is http://www.circuitlawyer.8m.com/5635.html and http://www.lawyerdude.netfirms.com/5635.html

The Strickland test is inadequate and provides no protection. Strickland case: http://www.circuitlawyer.8m.com/5699.html The case of Harrison Cronic provides only more cryptic crap from the wordy weak courts. The Harrison Cronic case is here: http://www.circuitlawyer.8m.com/5698.html The key is to use the state constitution and give the state a chance to give you your rights under independent state grounds! In fact there may be cases on point in your state. Check your annotated state constitution. In the mean time, be creative and demand the Lawyerdude Standard which I have printed below. In the alternative suggest to the court some variation of the Lawyerdude Standard . For example, Lawyerdude recommends weekly visits by counsel. Maybe the court will order monthly visits.

Motions 101: http://www.fu.gq.nu/6025.html

Briefs 101: http://www.lawyerdude.s5.com/6435memo.html

Strickland case: http://www.circuitlawyer.8m.com/5699.html

Harrison Cronic case: http://www.circuitlawyer.8m.com/5698.html

This page is mentioned on my list of my best web pages: http://www.lawyerdude.8k.com/5733.html

Here is a newspaper report explaining about bad public defenders: http://www.lawyerdude.8k.com/6267.html

Here is a newspaper report about a chinese mexican social worker p d: http://www.lawyerdude.8k.com/6268.html

The Strickland test is inadequate and provides no protection. The key is to use the state constitution and give the state a chance to give you your rights under independent state grounds! In fact there may be cases on point in your state. Check your annotated state constitution. In the mean time, be creative and demand the Lawyerdude Standard which I have printed below. In the alternative suggest to the court some variation of the Lawyerdude Standard . For example, Lawyerdude recommends weekly visits by counsel. Maybe the court will order monthly visits.

Palaschak’s Performance standard #5635 for effective assistance of counsel

Defendant’s Bill of Rights

Version 1.3

This standard is published on the internet at is www.circuitlawyer.8m.com/5635.html

The test of Strickland v Washington (1984) www.circuitlawyer.8m.com/5699.html is not adequate. The Harrison Cronic www.circuitlawyer.8m.com/5698.html case is inadequate. It was a small step in the right direction. There is no other standard available at our law libraries. I, Attorney Douglas Palaschak, set this as the minimal standard for effective performance. It is based on 18 years of practice including being represented by public defenders, some effective and some not. I have been in jail due to excess bail and I have listened to the complaints of inmates from several states. I have been in jails in 3 states.

Public defenders guarantee to do “all the cases” for a fixed fee. The fee cannot be changed; it is in the county budget; the salary of the public defender is fixed. The caseload cannot be changed; it is “all the cases”. Something has to give. The solution is always to make more deals. That frees up more time. There is also a cumulative effect: cases argued by public defenders before the court of appeal are lost due to ineffective assistance. The cumulative effect is erosion of our rights. By stealthy encroachment we lose our rights. The public defender is an instrument of oppression. One remedy would be the appointment of counsel from the larger pool of defense lawyers - but that is not as good a remedy as the remedy of a standard. One such standard is the the following standard:

1. This standard is based on a written Case Summary and on performing specific work items designated in this case summary. This standard envisions written 2 way communication and weekly half hour meetings.

2. Counsel shall disclose to the client how many cases he has handled in the past 365 days; Counsel shall disclose how many cases settled and how many went to trial. Counsel disclose that the ABA recommends no more than 150 cases per year. Counsel shall account (using standard accounting and timekeeping standards and software) to defendant for his hours spent on defendant’s case. Timekeeping date shall be audited. The purpose of this requirement is to assure that counsel spends adequate time on defendant’s case.

3. Counsel shall advise defendant that defendant may propose a plea bargain at any time.

4. Counsel shall meet with defendant at least once a week, whether defendant is incarcerated or not, for at least 30 minutes unless defendant deems that he requires less time. At that meeting counsel shall present to defendant the current updated Case Summary in writing.

5. At the first meeting counsel shall present to defendant the following:

a. A paper copy of this standard

b. List of defenses to the alleged crime.

c. A recommendation that all letters to counsel be sequentially numbered and dated and time marked.

d. a packet containing a blank motion of every type pertinent for this case - or, in the alternative, a standard book of motions. This menu of motions shall include the 20 Most Important Criminal Motions, to wit:

This list/ subdocument is taken from: http://www.lawyerdude.8k.com/motions.html

i. Bail reduction motion. Some states only permit you to do this once, but then that rule and all rules are merely recommendatory; they are not statutes; even statutes yield to the common law. Before you post bail, you may want to whack the counts that the prosecutor has added. They add throwaways as bargaining chips. This can save your parents thousands of dollars in bail bond fees.

ii. Demand for appointed counsel.( A Gideon/ Argersinger/ Shelton motion.) They will give you a lawyer but he won’t write a written motion for you. If you graduated college then you should be your own lawyer.

iii. Discovery demand letter http://www.lawyerdude.8k.com/6255.html

iv. Discovery motion. PC 1045.5b http://www.lawyerdude.8k.com/6340.html

v. Brady Motion is a discovery motion. Non California Discovery motion. California PC 1054.5b is way better. Borrow from it. http://www.lawyerdude.8k.com/6340.html You can use Brady when your state has no discovery statutes. http://www.fu.gq.nu/brady.html Remember that the criminal borrows from the civil. Use the civil discovery statutes in your state or borrow from California’s criminal statutes regarding discovery: http://www.lawyerdude.8k.com/6472.html

vi. Motion to Suppress Evicence PC 1538.5 http://www.lawyerdude.8k.com/6314.html

vii. Motion to Suppress. Non-California: Here is an aggressive one: http://www.lawyerdude.netfirms.com/5902.html

viii. Appeal of 1538.5 is authorized by 1538.5 to be appealable by extraordinary writ before trial. A petition for extraordinary writ at the court of appeal should contain transcripts and motions, and a docket record. It is days of work!

ix. Demurrer. PC 1004 et seq. Called rule 12 in some states: http://www.lawyerdude.8k.com./6464.html

x. 995 Motion. PC 995 http://www.lawyerdude.netfirms.com/5686.html

xi. Marsden Motion. Here is the Marsden case: http://www.lawyerdude.8k.com/marsden.html Here is a successful Marsden/ Faretta motion page: http://www.lawyerdude.8k.com/5023.html

xii. Faretta Motion. http://www.lawyerdude.netfirms.com/faretta.html A Faretta motion will trigger a Faretta hearing. The judge may conclude that you lack sufficient education to speak for yourself. He will push a public defender on you even though the public defender won’t help you. Write up a contract for the public defender. Tell him what motions to file. Recall the case of Harrison Cronic. Harrison spent more time litigating against his own incompetent lawyers than he did litigating for his case. The court found that his lawyer was indeed incompetent. Harrison Cronic is not to be confused with Harry Connick, Jr., unless that helps you remember the name of this case: http://www.lawyerdude.netfirms.com/cronic.html

xiii. Petition for writ of habeas corpus. Big fat one: http://www.lawyerdude.8m.com/3433.html There are better example. Each jail has a printed “Petition for Writ of Habeas Corpus waiting for you to ask for it.

xiv. Motion for continuance is controlled by California Penal Code section 1050 et seq as I recall. Charlie’s. Threw in some demands: http://www.lawyerdude.netfirms.com/5924.html The rules generally require 10 days notice in California criminal cases but the court will always grant a motion to shorten time. Also, the public defenders and prosecutors do many oral motions without any notice whatsoever. There is a constant barrage of assaults on your rights.

xv. Pitchess Motion. There are a half dozen California cases names “Pitchess” because he was the sheriff of Los Angeles county once. Obviously some idiot named this motion wrong. I think that it is a motion to look into the personnel files of a cop.

xvi. Overbreadth motions. Very powerful! http://www.lawyerdude.8m.com/5409.html Instant winner for Steve Bloomer: http://www.circuitlawyer.8m.com/5571.html This one was denied: http://www.lawyerdude.netfirms.com/3596.htm

xvii. Motion to dismiss. California Penal Code section 995 motion. Very Important motion. If your lawyer does not file one then he aint even trying.

xviii. Gerstein motion. http://www.fu.gq.nu/gerstein.html Gernstein is a fundamental read regarding pre-trial detention and your right to a prompt probable cause hearing under the common law.

xix. Dombrowski motion. http://www.lawyerdude.8m.com/dombrowski.html

xx. Hurtado motion - demand for grand jury

xxi. Demand for jury

xxii. Demand for deposition of witness

xxiii. Discovery request forms. Interrogs.

xxiv. Subpoena forms

xxv. Jury instruction forms. You must write your own jury instructions. The ones that they give you will kill you.

xxvi. Bradley motion: Get this issue resolved before trial! Mandatory sentencing rules.

e. Instructions on how to telephone counsel.

f. Instructions on how to obtain stationery, stamps, envelopes, and other supplies to communicate with counsel.

g. Lawyerdude’s instructions, Motions 101: http: http://www.fu.gq.nu/6025.html

6. On the day of this first meeting with incarcerated defendant, or within a week, Counsel shall make a written contract with the jail to ensure that defendant has access 2 hours per day at the law library with a working typewriter or word processor. Counsel shall deliver the contract to the inmate so that he knows what to expect. Counsel shall litigate to see an effective remedy if the jail will not so agree.

7. If defendant is in jail, then counsel shall visit defendant once a week unless defendant waives the visit in writing.

8. Motion standards.

a. All motions shall be in writing; and

b. shall include the list of concurrent demands such as jury, court reporter, daily transcripts (or 3 days late or whatever), O.R., Judge and not commissioner, etc. These concurrent demands are specified in the standard entitled “Motions 101" which is on the internet at http://www.lawyerdude.netfirms.com/6025.html ;

c. shall meet the standards set forth in “Motions 101" at http://www.lawyerdude.netfirms.com/6025.html

d. shall be set with consideration for the time of the hearing

i. If client is free then the motions shall be set 30 days hence or longer if needed.

ii. If the client is in jail, the motions shall be set on weekly intervals which means that an order shortening time may be needed in some cases.

e. shall contain a memorandum of authorities including

i. Table of authorities ( This mandates the use of WordPerfect) and

ii. Pertinent excerpts from cases, statutes, and constitutional provisions, etc. Don’t make the judge go to the books;

f. shall contain a proof of service;

g. shall be served on client;

i. (Counsel shall revise the motion before hearing if defendant so demands in writing specifying the changes to me made - unless counsel declares the changes trivial in writing immediately upon receipt of the demand.)

h. Shall contain declaration(s) if necessary;

i. Shall contain that concise statement of the case that is in the case summary; (There is a need to include it on every motion because the judge sees so many cases. Don’t make him search.)

j. Shall contain appropriate exhibits;

k. Shall contain a proposed order.

9. Defendant shall make work requests of counsel in writing or at the weekly meeting. Such requests may include any of the items in the case summary, including

a. Defendant may demand a written motion to be served in 7 days.

b. Defendant may demand that counsel investigate and answer questions within 7 day.

c. Defendant may demand the answer to a question of law in 7 days.

d. Defendant may demand a copy of the court files to be delivered in 4 days.

10. The case summary consists of

a. Case number, exact wording of the complaint.

b. Exact working of the statutes of which defendant is accused of violating.

c. Our proposed jury instructions.

d. Contact Information so that everybody has the telephone numbers handy and so that papers can be served at the correct address. Dossier of Information on all players in the case. The players include: Defendant, All counsel, prosecutors, Judges, Jail, Defendant’s family and support members, witnesses (subject to redaction), and any other person pertinent to the case. The dossier information includes: List of Name, address, telephone number, what the witness is expected to say, and all other pertinent information.

e. Theory of the Case.

f. Concise statement of the case. This is used on motions.

g. List of issues. Defendants have ideas about the issues. Sometimes they cannot articulate them. In law school we call this “issue spotting”. It is the heart of effective legislation. Issue spotting is an ongoing process. Counsel shall list the issues in order of significance.

h. List of Legal Questions to be answered. The answer must include case authority, statutory authority, constitutional authority, or rule authority.

i. List of factual questions to be answered by discovery or investigation. Answers to those questions.

j. A chronology of the events leading up to the alleged crime, the events of the alleged crime and the case progress.

k. List of Motions that will be used in this case. Counsel shall number the motions sequentially, beginning with any 1,2,3, or 4 digit number to permit easy identification in discussion.

Version 1.009 Crass Promotional Links: Upgraded Friday, June 23, 2006

Telephone Lawyerdude: 541 476 8954. Email: Dlawyerdude@Gmail.com Lawyerdude1989@yahoo.com

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Links for your Empowerment! Self help Litigation forms, instructions, cases, and samples.

11. How to Win! Getting started: http://www.lawyerdude.netfirms.com/7260.html

12. How to buy my $29 book using your credit card: http://www.lawyerdude.netfirms.com/book7646.html

13. Motions 101. How to write and file and serve a motion: http://www.fu.gq.nu/6025.html

14. Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html

15. What has been newly posted by Lawyerdude: www.circuitlawyer.8m.com/5673.html

16. My Demurrer page: Perfect record so far: http://lawyerdude.8k.com/5736.html

17. Briefs 101. How to write a Memorandum of Law: http://www.lawyerdude.s5.com/6435memo.html

18. Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html

19. What performance you should expect from your criminal defense counsel: http://www.circuitlawyer.8m.com/5635.html

20. Your litigation rights page. Learn your litigation rights! http://www.circuitlawyer.8m.com/5687.html

21. Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html

22. Learn the law ! Links to the 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html

23. Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html

24. List of the 30 most important criminal court motions. They are listed in Lawyerdude’s Bill of Rights for Criminal Defendants in jail. This is my New Standard by which to measure effectiveness of counsel. Make your appointed lawyer toe the line: http://www.circuitlawyer.8m.com/5635.html

25. Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:

http://www.circuitlawyer.8m.com/5537.html

26. Were you strip searched? Sue em! http://www.circuitlawyer.8m.com/5728.html Do they do a strip search anus check every time you go to the law library? Did your jail not have a law library?

27. List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html

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All about Lawyerdude Palaschak

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