6641 Version 2.001 Lawyerdude: 888-476-8954 Lawyerdude1989@yahoo.com 12/16/04. 2/6/06/ Upgraded: 1/8/08. 1/11/08. 2/16/08

Lesson #10: What should I do next?

The Litigation Cycle:

Take Control of the Pace of Your Case!

Copyright 2007. Lawyerdude is a trade/service mark of Attorney Douglas Palaschak. You may link to this page.

This page is http://www.lawyerdude.netfirms.com/6641.html and http://www.fu.gq.nu/6641.html

 


Overview: The Process.

            The judge likes to see progress. He does not like stalling. If you have a motion on deck waiting to be heard then you are in the judge’s favor - sorta. It worked for Charlie: His transcripts: http://ronfox.250free.com/charlie.html You will see that the judge was ready on several occasions to go ahead with the trial within minutes but Charlie already had a motion schedules 4 weeks down the line. The dead bang winner motion will usually be a motion to suppress evidence which is listed in the California Penal Code under section 1538.5. For traffic cases it is easy to schedule at least 4 motions. See all the many motions listed at: http://www.lawyerdude.8k.com/motions.html and http://www.circuitlawyer.8m.com/traffic.html In addition there are the newest cases: Paul Weldon, for example. His motions are here: http://www.lawyerdude.netfirms.com/7133list.html Call or email me for the latest motions or look for the links to the latest motions in the messages section at my group: http://www.groups.yahoo.com/group/the_lawyerdude or search for the keyword “right2drive” in google or search the for right2drive briefs at: http://www.lawyerdude.8k.com/right2drive.html

 

1. Here is the simplified 5/6 week cycle for a criminal case:

Overview #2:

The general plan is to keep the case alive until you can find your dead bang winner motion. This worked for Forrest Bishop and Buzz. Here are their motions: http://www.fu.gq.nu/6751supp.html This foregoing link is the link to Forrest’s winning motion. It links to his personal site which links to a transcript of the hearing where he won. Forrest handled it like a pro! His Dad was a lawyer in Seattle. Here is Buzz’s dead bang winner motion: http://www.lawyerdude.s5.com/5790.html Buzz did not order a transcript but he did argue his case very well.

1.         You or I will write your 1st motion. Usually that will be a motion to quash. Here is a sample motion to quash: http://www.lawyerdude.netfirms.com/9056.pdf http://www.lawyerdude.netfirms.com/9056.wpd and http://www.lawyerdude.netfirms.com/9056.html Schedule it for 6 weeks from today. Do that by specifying the “venue” in the caption box. Serve and file. Motions 101: http://www.lawyerdude.netfirms.com/6025.html

2.         For a checklist of things to remember before you go to court see Lesson #5: http://www.lawyerdude.netfirms.com/8953.html

3.         Take a 25 page motion to Quash with you to your first appearance. When you arrive in court ask the bailiff to give it to the clerk.

4.         File a motion to demand that Lawyerdude be permitted to argue your case by telephone. http://www.lawyerdude.netfirms.com/7608.html I will upgrade this motion for you.

5.         Lesson #7 http://www.lawyerdude.netfirms.com/5537.html contains some speeches you can make. Let your paper do the talking.

6.         When they call your name tell them that you are not ready to plead yet because you have not read the complaint. File another copy of the Motion to Quash after court at the criminal filing window.

7.         Leave a card with the business card with the clerk or court reporter asking for an e-copy of today’s transcript.

8.         Send out emails, telephone calls, letters, and motions as necessary to obtain an e-transcript of your first court appearance.

9.         Apply for a writ regarding your first transcript. They likely did not advise you correctly or your rights.

10.       If they don’t respond to your motion then apply for a writ to compel the judge to do it.

11.       Begin to upgrade motion #1 if necessary.

12.       Begin to write motion #2.

13.       During week 4 or 5: File and Serve Motion #2 for the 10th or 11th week.

14.       Move to vacate and reset motion #1 due to the court’s delay in providing a transcript.

15.       If Motion #2 is a dead bang winner then set the motion on the existing date for Motion #1.

16.       Show up for Motion #1 and make sure that it gets vacated.

17.       If you have a motion on deck and you are confident then you may elect to have motion #1 heard: Caution: the trial is merely a legal technicality to make the hanging seem fair. Same with motions; they don’t actually let you win unless you have a dead bang winner motion.

18.       Order an e-transcript of every hearing. They are free if you are indigent. Forget paper. You want a transcript that you can email to me and post on the net. When a court reporter leaved the courtroom he already has an e-transcript on the disk in his machine. It is merely in a different language - the language of a stenograph machine - or maybe it is English. Not sure. Anyway, with a couple clicks he can convert it to an e-text version, called an e-transcript.

19.       Around the 9th week, write motion #3 in preparation for vacating motion #2.

20.       If you suffer an adverse decision then move to vacate that order!

21.       If you don’t receive your transcripts, the move for suspension of the case or dismissal.

22.       Some motions are appealable before trial. Motion to Suppress is appealable before trial pursuant to statute, Penal Code section 1538.5 specifically permits you to appeal by extraordinary writ, a hard row to hoe!

23.       All issues can be appealed by Interlocutory Appeal before trial.

24.       All issues can be appealed by extraordinary writ before trial.

25.       Incidentally, the best book on the process is “Appeals and Writs in Criminal Cases” by California Continuing Education of the Bar. Also, California Rules of Court are enlightening, and the Penal Code for your state. Some states have a special code called “Criminal Procedure”.

26.       This may go on for nearly a year, even longer in felonies.

 

 

2. Here is the more detailed version of the work cycle

1.         You or I write a motion a motion. Set the hearing for a Tuesday or Thursday.

2.         We work in 4 to 6 week cycles

3.         The goal is to keep the case alive until you find your dead bang winner motion.

4.         Having written the motion, then you serve it on the prosecutor by hand or by mail. Exception: Don’t serve a motion to Quash on the prosecutor if he has not signed a complaint. He is not in the case yet. For more details read the end of “motions 101" which is here: http://www.lawyerdude.netfirms.com/6025.html

5.         File it with the court and fax the file-stamped front page to me - or save it - just to prove that you served and filed it.

6.         Now go to work on your next motion.

7.         Hearing day comes. Do your hearing - or move to continue if things are not right. Example: if the prosecution has not given you all the discovery, then move to continue. Waive time. In California there is a statutory discovery remedy. Your state may have one. If not, then borrow from california.

8.         At the hearing talk to the court reporter and get her phone number and order a transcript - an e-transcript.

9.         Update the website regarding your case history and list of motions.

 

3. The full Story: The Detailed Explanation of the Work Cycle.

The even more detailed work cycle is shown at the following link: http://www.lawyerdude.8k.com/contract.html

 

 

List of Hyperlinks to Twenty basic litigation lessons in chronological order:

Lawyerdude’s Lessons and Self-Empowerment pages. http://www.lawyerdude.netfirms.com/6415.html

First 13 pages of my book: http://www.lawyerdude.netfirms.com/8457.html

            1.         Lesson #1: Email 101: http://www.lawyerdude.netfirms.com/8688.html

            2.         Lesson #2: Overview of the LD method: http://www.lawyerdude.netfirms.com/8786.html

            3.         Lesson #3: Chronology 101: How to get started: http://www.lawyerdude.netfirms.com/7434.html

            4.         Lesson #4: Motions 101: http://www.lawyerdude.netfirms.com/6025.html

            5.         Lesson #5: Checklist on your way to court: http://www.lawyerdude.netfirms.com/8953.html

            6.         Lesson #6: How to file, serve, and argue your motion: http://www.lawyerdude.netfirms.com/8952.html

            7.         Lesson #7: What to say in court. How to talk to the judge: http://www.circuitlawyer.8m.com/5537.html

            8.         Lesson #8: How to debrief: http://www.lawyerdude.netfirms.com/7775.html

            9.         Lesson #9: How to write a partial chronology: http://www.lawyerdude.netfirms.com/8854.html

            10.       Lesson #10: What to do next: Control the Pace of Your Case! http://www.fu.gq.nu/6641.html

             11.       Lesson #11: How to ask for a status report from Lawyerdude: Http://www.lawyerdude.netfirms.com/7953.html

             12.       Lesson #12: How to make Lawyerdude work well for you: http://www.lawyerdude.netfirms.com/contract.html

            13.       Lesson #13: How to write. By Professors Strunk and White: The Elements of Style: Free online. Used in the better colleges and law schools: http://www.bartleby.com/141/

            14.       Lesson #14: Transcript: Charlie saved his case when the judge denied his demurrer: http://ronfox.250free.com/6709.htm

            15.       Lesson #15: How to Win: http://www.lawyerdude.netfirms.com/7260.html

            16.       Lesson #16: Briefs 101: http://www.lawyerdude.s5.com/6435memo.html

            17.       Lesson #17: Prioritize.

            18.       Lesson #18: Iterate. Re-iterate. The iterative method.

            19.       Lesson #19: Read how Buzz Vieau won his case: http://www.lawyerdude.s5.com/buzz.html

            20.       Lesson #20: Make Google your home page. Add “wiki” to your query; this takes you to Wikipedia.

            21.       Lesson #21: Add “Lawyerdude” to your Google query to find what I have written on the subject.

            22.       Lesson #22: How to write a good internet post or legal comment.

            23.       Lawyerdude’s links: http://www.lawyerdude.netfirms.com/5734.html

            24.       Flowchart: http://www.lawyerdude.netfirms.com/7930.html

            25.       What has been posted lately: It may be out of date. http://www.circuitlawyer.8m.com/5673.html

 

Empowerment pages re: Criminal Defense:

1 Your rights as an imprisoned pro se litigant: http://www.circuitlawyer.8m.com/5687.html

2 The top ten criminal motions in California and the Universe. http://www.lawyerdude.8k.com/motions.html

3 Motions 101: How to write a motion: http://www.lawyerdude.netfirms.com/6025.html

4 How to speak up in court. http://www.circuitlawyer.8m.com/5537.html

5 Page of 40 motions. This page is listed on the Steve762 page: http://www.circuitlawyer.8m.com/5695.html

6 Lawyerdude's demurrer page: http://www.lawyerdude.8k.com/5736.html

7 Lawyerdude's former main traffic page: http://www.lawyerdude.8m.com/5259.html

8 Lawyerdudes new standard for public defenders: http://www.circuitlawyer.8m.com/5635.html

9 Lawyerdude’s recommended additions to the bill of rights: http://www.lawyerdude.8m.com/5677.html

10 The leading 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html

11 How to work well with lawyerdude: http://www.lawyerdude.8k.com/contract.html

12 Here is a format to store all the data for your case: http://www.lawyerdude.8k.com/summary.html

11 Go on the offense: Actual section 1983 complaints. Sue em! http://www.lawyerdude.netfirms.com/6008.html

12 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?

13 Our class projects: http://www.lawyerdude.8k.com/projects.html

26.       Medley of cases defining your 6th amendment right to effective assistance of counsel - appointed if necessary.

Lilburne enjoyed the benefit of appointed counsel in 1648 and got money for his damages.

http://www.lawyerdude.netfirms.com/lilburne.html

The Scottsboro Boys (1932): http://www.lawyerdude.netfirms.com/scottsbo.html

More of that story here: http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/scottsb.htm

Griffin v Illinois (1956) : http://www.circuitlawyer.8m.com/griffin.html

Gideon v Wainwright (1963) http://www.circuitlawyer.8m.com/gideon.html

Argersinger (1972) www.lawyerdude.netfirms.com/argersin.html

Alabama v Shelton (2002) http://www.lawyerdude.netfirms.com/shelton/html by putting Pearl in jail one hour they violated established law:

This Shelton case at Findlaw is: http://laws.findlaw.com/us/000/00-1214.html

  

Pearl's Motion in North Dakota court: http://www.lawyerdude.netfirms.com/6147.htm l

27.       Medley of cases regarding your Faretta right to speak for yourself and the standards for performance of the public defender.

Faretta http://www.lawyerdude.netfirms.com/faretta.html

Here is what to demand from public defenders: http://www.circuitlawyer.8m.com/5635.html

28.       Medley of cases defining your right to a free transcript if you can’t afford to pay:

Griffin et. al. v Illinois (1956) 100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055. You have a right to a lawyer and transcript free for your first appeal. http://www.circuitlawyer.8m.com/griffin.html

M. L. B. v. S. L. J., individually and as next friend of the minor children, S. L. (1996) 519 US 102; 117 S Ct 555; 136 L Ed2d 473 http://www.circuitlawyer.8m.com/mlb.html You have a right to free transcript in important civil case.

29.       Medley of traffic and motions.

                         These 50 actual motions are linked to the Steve762 page: http://www.circuitlawyer.8m.com/5695.html

30.       Link to Medley of 143 cases that define Criminal Procedure in the United States:

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

 

This subdocument is http://www.lawyerdude.netfirms.com/5734.html Click it to get the latest version.

Please join my newest: http://groups.yahoo.com/group/the_lawyerdude

Instant message me: I am lawyerdude1989 on Yahoo instant messenger.

 

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

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

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

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

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

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

37.       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

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

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

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

40.       Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html