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Combined Superior and Municipal Court of California

Appellate Department

800 S. Victoria, Ventura CA 93003

People

Charles Sprinkle

Case # 2002: 013, 441

Document #5826

Demand for relief from default due to delay by court transcriber.

Declaration and Demand for Recusal of Judge Vincent O’Neill due to prejudice pursuant to ccp 170 et seq. - peremptory challenge.

Declaration and Demand for Recusal of David Long for cause. He is a former traffic court judge who recently performed the very maneuvers of which I complain in my appeal.

Memorandum of Authorities.

Proposed Order

Proof of Service

Date: None set - pursuant to local procedure.

Place: None set - pursuant to local procedure.

Time: None set- pursuant to local procedure.

Contents

Demand for Relief from Default

Declaration and Demand for Recusal of Vincent O’Neill due to prejudice.

Declaration and Demand for Recusal of David Long for cause

Declaration of Defendant re delay in producing tapes and further delay in transcription.

Memorandum of Authorities - Equitable Tolling.

Proposed Order

Proof of Service and Filing

Demand for Relief from Default

I, the Defendant, now demand that this court relieve me from its order of default. I am unable to proceed until I have a transcript. Marty the transcriber says that he will have it for me soon.

_________________________ Charles Sprinkle. Wednesday, June 11, 2003

Declaration and Demand for Recusal of Vincent O’Neill due to prejudice.

I, Charles Sprinkle declare the following under penalty of perjury: Vincent O’Neill is prejudiced against me. He is prejudiced against pro se litigants, traffic litigants, and anybody who rebels. He is a former prosecutor. He once recommended prosecution of a lawyer for writing a petition in a traffic case. This lawyer was subsequently extradited 2100 miles back to Ventura where a jury found him innocent. As a result, this lawyer lost his home in Illinois and his foothold in farming. O’Neill did not even testify at the trial. This lawyer is my counsel.

Signed __________________ Charles Sprinkle. Wednesday, June 11, 2003

Declaration and Demand for Recusal of David Long for cause

I, Charles Sprinkle declare the following under penalty of perjury: David Long is prejudiced against me. David Long was a traffic court judge. He participates in the very procedures that I am challenging here. Also, he went to law school with my lawyer. A judge should avoid the appearance of impropriety. _________________ C. Sprinkle.

Declaration of Defendant re delay in producing tapes and further delay in transcription.

I, Charles Sprinkle, declare the following under penalty of perjury: I have been diligent in this case. I ordered the audio recordings on the same day as the hearings - or on the next day. It took at least 42 days to receive the recordings.

Upon receipt of the audio recording I promptly took them to the court office of Marty the transcriber. He transcribed them. It took a long time. I talked to Marty the transcriber yesterday and he told me that he will have the last recording transcribed soon.

I intend to take appellate action on what happened at the previous session, namely the court ignored my demurrer and arraigned me without giving me a chance to prepare. Some other things happened; I don’t know exactly what was happening in court. That is why I promptly ordered the tape recordings. I need them to prepare for today and to undo my previous arraignment by going to the court of appeal or making a motion here.

________________________________

Memorandum of Authorities - Equitable Tolling.

Marty the transcriber is an instrumentality of the court. The court may not delay my transcript and then default me because I am late. Equitable tolling prevents the running of time until I receive my transcript. Incidentally, a transcript is fundamental. Griffin v Illinois (1956) 100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055. Link to Griffin: http://www.circuitlawyer.8m.com/griffin.html

Proposed Order

Relief from Default is granted. Time shall begin to run when Charles Sprinkle receives the transcript from Marty the transcriber.

_____________________ Date________________

Judge of Appellate Department of the combined Traffic Court/ Superior Court

Proof of Service and Filing

I, (person who served the paper - print name) ___________________, declare the following under penalty of perjury: On 13 Feb 2003 I served this paper on the receptionist at the D.A. office. Thereafter I filed this motion with the clerk at the appeals window.

Signed _________________________Wednesday, June 11, 2003