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/6207.html
Attention: Judge Newcombe. Notice of Interlocutory Appeal. Request for Stay of Psych Testing this morning. Ron is presumably on the way to Lansing.
74th Judicial District, 18th Judicial Circuit of Michigan
1230 Washington Avenue, Bay City MI 48708. Judge Newcombe.
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 #6207 version 1
5th document for Ron Fox
Notice of Interlocutory appeal.
Demand for stay 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 6. Judge Newcombe’s court.
Notice of Interlocutory appeal.
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
Demand for Stay Pending Appeal
I was free until I demanded to revoke my consent to be tested. The action of Judge Alston was retaliation for my exercise of my right to speak/ write. The judge in my case is Judge Newcombe but he was in trial. The testing is scheduled for today. The police will take me in their car departing at 7 a.m. for Lansing. I ask that the impose a stay of th test pending appeal and that the court notify the jail and the transportation officer and Lansing Forensic testing place to stop the test.
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 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) and a motion to file his ineffective lawyer (motion #6202). 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 Judge Newcombe at 7:25 a.m. court time to 989-895 4233 on 28 Jan 2004, the day of testing.
Signed ________________ Douglas Palaschak