Ron Fox
207 North Farragut Street
Bay City, Michigan 48708
989 892 2879
In Pro Per
This motion is posted at www.lawyerdude.netfirms.com/6201.html
74th Judicial District, 18th Judicial Circuit of Michigan
1230 Washington Avenue, Bay City MI 48708.
Attorney Martha Mettee dba under false color of law as “THE PEOPLE OF THE STATE OF MICHIGAN”
v
Ronald Lee Fox
Mistakenly sued as RONALD LEE FOX
Case number: 2003-2752
District Case number: 03-fy-10859 SN
Request for Emergency Stay of Psychological Testing scheduled for tomorrow 28 January 2004 departing at 7 a.m.
Application for Order Shortening Time and to hear this Ex Parte.
Notice of accompanying motion to fire appointed counsel and demand for effective assistance of Counsel.
Proposed Order Revoking prior Order
Proof of Service
Time: 3 pm
Date: Today 27 January
Place: Court 2. Judge Alston’s court.
Request for Emergency Stay
of Psychological Testing scheduled for tomorrow 28 January 2004 departing at 7 a.m.
I hereby overrule the decision of my ineffective and malfeasant appointed lawyer, Jennifer Barnes. I will not subject myself to testing by the state. This case is not about me; it is about harassment by the police. This same state violated my civil rights in this case. I have set forth the big picture in the statement of the case. The test was requested by my lawyer and ordered by the judge. The order is partly for the benefit of obtaining transportation by a police officer at 7 a.m.
Statement of the case/ Declaration of Defendant
I, Ron Fox, declare the following under penalty of perjury: Attorney Jennifer Barnes has neglected my case and is pursuing a strategy that is not appropriate in my case. I don’t want to be tested.
Around 8 years ago I was falsely accused of a sexual crime. I was then innocent. Thereafter Michigan passed an unconstitutional registration law. Here is a link to the opinion/ case declaring the law unconstitutional. http://www.lawyerdude.netfirms.com/5441.html The two officers who smashed out my car windows in this case had both previously been to my house to harass me about my registration status despite the federal court enjoining enforcement of the order. I have filed in federal court against them. I have found a lawyer to re-file. The police recognized my van stuck in traffic. I was stuck temporarily because the bridge was up. This is no reason to do a felony stop. I drove about a mile to my house before stopping my van. This is recommended and safe practice. The traffic stop was a pretext. Police have visited my house approximately 20 times to harass me under false color of this unconstitutional registration act. My neighbor saw me on the internet due to this law. He once stood outside my house yelling at me. He called police to my house many times. Once we went to court and the judge told him to leave me along. I have already sued the state actors in this case. I have obtained legal help and will re-file.
Signed__________________ Ron Fox.
Declaration of Attorney Douglas Palaschak
I, Douglas Palaschak, declare the following under penalty of perjury: I have 20 years experienced as an Attorney specializing in bankruptcy, constitutional law, traffic cases, and cases pertaining to the human’s struggle against the bureaucracy. I am an expert in the standards of effectiveness of appointed counsel. I wrote an improved standard/ defendant bill of rights. Here is a link to my improved standard: http://www.circuitlawyer.8m.com/5635.html I myself have been pushed in the direction of psychiatric examination in a case. I can sympathize with Ron Fox. Ron is right; his lawyer is wrong. Ron has sent me the police reports and other information in the case. Ron should go free and the city should pay him money. I will help Ron to see that he wins.
Ron Fox informed me some days ago that he did not want to be examined on January 28 or any other day. Monday 26 January I telephoned the office of Jennifer Barnes. I told the secretary that Ron did not want to be tested. The secretary helpfully told me that it was court-ordered - although I expect that she did not realize that the order was at the request of defense counsel.
Signed _____________________ Douglas Palaschak
Points and Authorities
Broadly speaking a defendant enjoys the right against self-incrimination. Faretta v California (1975) 422 U.S. 806. Here is a link to the Faretta case: http://www.lawyerdude.netfirms.com/faretta.html It appears that the purpose of this test is to mitigate the case in order to plead it down. Defendant Ron Fox and I have determined that this is an inappropriate strategy.
Proposed Order Revoking prior Order
I hereby revoke the order to have Ronald Fox tested. _______________________________
Judge
Proof of Service
I, Douglas Palaschak, declare the following under penalty of perjury: Ron Fox informed me some days ago that he did not want to be examined on January 28 or any other day. Monday 26 January I telephoned the office of Jennifer Barnes. I told the secretary that Ron did not want to be tested. The secretary helpfully told me that it was court-ordered - although I expect that she did not realize that the order was at the request of defense counsel. Jennifer Barnes did not return a call to me and she did not return a call to Ron Fox. Ron Fox called again and a secretary bickered with Ron.
Today Tuesday, January 27, 2004 at 1 pm Michigan time, I again telephoned the office of Attorney Jennifer Barns. I spoke with Secretary Terry. I notified her that Ronald Fox would appear today before Judge Alston. Secretary Terry said that she was happy that Ron was firing Barnes “because he needs some help”. Seconds later she hung up on me. An hour later I faxed this document to her office. I have given Ron Fox authority to sign my name here.
Signed ________________ Douglas Palaschak