Ron Fox
In jail in Bay city
In Pro Per with effective assistance of Attorney Douglas Palaschak
dlawyerdude@yahoo.com 805 652 0334 Fax: 775 383 7885
This motion is posted at www.lawyerdude.netfirms.com/6205.html
Attention: Presiding Judge of Circuit Court: Request for Stay of “Voluntary” Psych Testing this morning. Ron is presumably on the way to Lansing.
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
Document #6205 version 1
5th document for Ron Fox
Request for Emergency stay of Today’s test pending appeal.
Application for Order Shortening Time and to hear this Ex Parte.
Declaration of Douglas Palaschak re: irreparable harm
Notice of accompanying motion to fire appointed counsel and demand for effective assistance of Counsel.
Points and Authorities
Proposed Order Staying Testing and Increased bail.
Proof of Service
Time: Immediately - before testing happens today.
Date: Today 28 January
Place: Court of Presiding Judge of Circuit Court
What I ask and the urgency
I make this request concurrently by separate papers to Judge Alston who made the order that we contest, and Judge Newcomb who is the Judge assigned to Ron’s case. Ron Fox has been free until yesterday. Ron Fox, age 40, was run over by a car at age 8 leaving a slight mental disability which manifests itself in writing dyslexia which I see sometimes when he writes emails to me. Ron is a superb researcher and a fairly good writer. He poses no threat to anybody The case started with police harassing Ron by 20 visits to his house regarding his being registered in an unconstitutional sex offender registry declared unconstitutional by Federal Judge Victoria in the Eastern Federal District of Michigan last year. Fullmer v Michigan. Here is the link to her opinion: http://www.lawyerdude.netfirms.com/5441.html
One Bay City police officer (who had previously harassed Ron at his house regarding the sex registry) recognized Ron and staged a pretextual traffic stop for Ron’s having stopped to wait for the bridge and having blocked traffic in doing so. Ron was fully licensed, registered, and insured. Ron did not stop immediately but drove to his house 1 mile away and began taking photos of the police. Police broke his windows and arrested him. The prosecutor charged Ron with fleeing and evading. He only went to a close safe place. They charged him with resisting arrest. They charged him with assault - although I have seen nothing in the police report regarding that.
Ron filed a section 1983 complaint which was rejected. I have promised to file a good one for him.
Ron’s appointed counsel, Jessica Barns, has been neglectful and antagonistic to Ron. Her strategy is to plead 8 years of felonies down to one felony. Ron is innocent. As part of her strategy she volunteered Ron for mental testing. Ron asked me to stop the testing. I wrote papers for Ron. He went to court yesterday. Judge Newcombe is on the case but was in a jury trial. Ron went to Judge Alston. Judge Alston was antagonistic to Ron and remanded Ron to jail on $100,000 bond. This seem retaliatory. I asked for a transcript and was told to wait in line. I was not in court. Ron wants appellate review. We think they cannot make him take a voluntary test. We want him released status quo ante. He was free until he filed a motion; this action chills his right to petition. He tried to fire his appointed lawyer. This invades his privacy with the due process of appellate review. There is irreparable harm from the stigma of mental examination. One cannot unring that bell. There is invalid justification. This is not, as far as I know, some sort of 72 hour thing triggered by erratic behavior. I am speculating, but I know that Ron spouts some “patriot” legal philosophy at times. This may have angered Judge Alston. Also, I was only informed that Judge Alston is blind AFTER I agreed to have him hear the case. In a case that come to the court solely on paper (as this one did) the court has a duty to tell me in advance that he is blind so that I can take assurances to ensure that my message gets through. Also, Judge Alston had a dental appointment. I cannot help but speculate that we were holding him up - perhaps while he was on pain.
Ron is on his way not by police car to Lansing to be tested. We filed notice of interlocutory appeal. I ask you to immediately ask your clerk to notify the police to bring Ron back and NOT to test him. I ask that Ron be released status quo ante pending appellate review of yesterday’s erratic court order which was, in my cursory review of the case, based on passion, and beyond the realm of the simple question before the court yesterday. This is a case about a traffic stop for a minor traffic offense. Now it has blossomed into possibly 8 years in prison and the stigma of a psychiatric investigation.
Notice of Interlocutory appeal. I filed appeal this morning in District court as follows:
I, Ron Fox, hereby file this notice of interlocutory appeal of:
1. The order of Judge Alston just 18 hours ago on January 27, 2004 at 4 pm committing me to jail on $100,000 bail and ordering testing;
2. The original order sending me for testing against my will at the request of my public defender.
3. The denial of my request to fire my in effective incommunicative antagonistic lawyer Jessica Barns.
Signed______________________ Douglas Palaschak, Counsel/ Attorney/ next friend for Ron Fox
Declaration of Douglas Palaschak re: irreparable harm
There is irreparable harm in not acting immediately. The test cannot be undone. There is no urgency for testing! Each of us has a sphere of autonomy. This action violates Ron’s privacy
I received a telephone call yesterday at 4:30 Florida time from Ron’s Mom. She told me that Ron was sent to jail because the judge diagnosed him as mentally ill. I have worked with Ron for some weeks now. He is a capable person. Ron’s public defender continues to be antagonist to Ron - an attitude that is reflected in the attitude of her secretary - who scorned Ron and was happy to be off the case and then hung up on me. The attitude of the court reporter is antagonistic; she denied me an email transcript for use to affect this emergency stay.
Notice of accompanying motions to
fire appointed counsel and demand for effective assistance of Counsel.
Ron had printed a motion to suppress evidence (#6203) http://www.lawyerdude.netfirms.com/6203.html and a motion to file his ineffective lawyer (motion #6202) http://www.lawyerdude.netfirms.com/6202.html . He intended to file them at court. They are calendared for Feb 12 and March 18.
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 experience 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.
Jennifer Barns called me at the request of Ron to tell me he was in jail. She offered no more comments like maybe “how can we get Ron out of jail?”
Signed _____________________ Douglas Palaschak
Points and Authorities
Broadly speaking a defendant enjoys the right against self-incrimination and a right to speak for himself. 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.
Testing is self incrimination which is sometimes justified by the fleeting nature of evidence but not in this case. This is not a situation of fleeing evidence like Schmerber v California (1966) 384 U.S. 757, 16 L ed 2nd 908. Ron’s situation is more like Rochin v California (1952) 342 U.S. 165, 96 L Ed. 183 in that the testing violates due process of law and is not justifiable even considering competing societal interests. Ron aint the guy who acted with mental defect; the cops acted with mental defect and malice. This was voluntary testing for which consent has been revoked by Ron.
Although I don’t have the transcript, because the court reporter refused to give me a prompt copy, I do know from my investigation and conversation that appointed counsel is attempting to impose her own agenda with directly contradicts Ron’s plan. A lawyer may not do that.
Proposed Order Revoking prior Order
I hereby stay my order and the January 28th testing upon appellate review. Ron Fox is to be released pending appeal. Clerk to immediately notify the police to bring Ron back and release him.
_______________________________
Judge
Proof of Service
I, Douglas Palaschak, declare the following under penalty of perjury: I faxed this to the court to the attention of the Circuit Court presiding judge at 8:10 a.m. court time to 989-895 4233 on 28 Jan 2004, the day of testing.
Signed ________________ Douglas Palaschak