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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88424
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Grrrrr. Superior Ct. "denied" my Motion Abeyance of Fees, Fi

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Grrrrr. Superior Ct. "denied" my Motion Abeyance of Fees, Fines, Probation, etc. I severely question this Superior Ct. because I filed a Judicial Misconduct Complaint against the (President) Judge who falsified court documents in my case (and causing intentional delays). WHY are my DUE PROCESS rights being VIOLATED??? I filed my Appeal, I (legally) do NOT have to "do punishment, pay any fines, or probation" until my Appeal has been heard. Having me "do punishment" before my Appeal is unconstitutional. How do I file a "Change of Venue" to get my case OUT from the Superior Court to the Supreme Court (in Phila.) ?
Submitted: 1 year ago.
Category: Legal
Expert:  wendy-Mod replied 1 year ago.

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Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

I am sorry to hear that they have denied your motion to stay the execution of judgment. Your next move is you can file an appeal to the PA Supreme Court based on the denial of the stay being improper and a denial of your due process rights. Part of your appeal to the supreme court is you have to prove you have a likelihood of success on the merits of your appeal.
Customer: replied 1 year ago.
Paul: You must be thinking the same thing I've been typing. I've made (brief) notes/comments (in bullets).
Now, because of the ~Superior Court issues, should I resubmit my Motion to the ~SUPREME Court to bypass the Superior Court?

I'm an Honorable Navy Veteran (fmr. Navy Police). I believe in utilizing the FULL Chain of Command in it's process.
Should I (now) file my Motion to SUPREME Court advising them that the Superior Court is attempting to Violate my Due Process Rights?

We've talked about my case (in detail)...I can provide just the Bullets/notes In less than (2) pgs. PS, I did see a Psychologist (because the court "demanded" me to)...the prognosis: Normal in all spectrum's (Gee, imagine that).
I guess I'm the "type" of individual that takes no bull.

OK..so, I file my Motion to Supreme Ct. and submit it to the Superior Court? They have to forward it up...because it is the "Chain of Command" (right)?

Also noted in many of my Motions stated "Per Curiam" Don't I have the right to know "WHO" these Judges are when they're signing the Orders?

Your assistance in this matter would be very much appreciated.
Expert:  Law Educator, Esq. replied 1 year ago.
You can file your appeal of the denial with the PA Supreme Court arguing that you would be entitled to a interlocutory appeal on this because it impacts your case directly and imposition of sentence.

You are only going to be able to appeal the denial of the stay at this point.

You only file a notice of appeal in the Superior court and it is up to you to file your appeal brief on your error to the Supreme Court. All the Superior court does is files a copy of anything filed in their court in your case.

Per Curiam is an opinion of the court not of a specific judge, but you can ask for information as to who the judges were on your panel.
Customer: replied 1 year ago.

To clarify what you're saying is::
(a). I can only Appeal the Denial of the Stay to the Supreme Ct. on the basis of my Due Process Rights are being Violated and that I'm entitled to an Interlocutory Appeal on my case because it does impact my case ~directly~ and the imposition of the sentence.
(b). My Appeal (Concise) Statement ("Reason for Appeal") was already filed. However, the Judge "balked" stating he didn't understand my case and would "have to read between the lines" but in actuality...I took the "errors" right from the Court Transcript reports identifying false testimony or inaccurate testimony that clearly identifed I was "prosecuted" for "obscene language and profanity".

You stated it's up to me to file my Appeal Brief on the error to Supreme Court? What Appeal Brief? I filed my Appeal Concise Statement that's already on file. (Are you referencing the same matter?)

Re: Per Curiam: As you already are aware, I filed a Judicial Misconduct Complaint (Judicial Conduct Board) on the Judge for Perjury (and record tampering) in my case. Am I authorized to know "who" the Panel is reviewing my complaint? Reason being is the "Per Curiam" concerns me because the Judges names aren't being disclosed. How do I know "IF" (1) of the Judges on the Judicial Conduct Board "IS" one of the Judges who denied my Appeal ("Stay"/"Abeyance") Order? I'm sensing a very questionable conflict here already.


 


Is there a PA "Code" or "Law Code" which I can Reference that I'm automatically "given legal rights" upon appeal that I don't have to do any punishment "until" my case is fully heard? I suspect (because I'm Pro Se) that the Superior Ct. is "testing my knowlege" to see how far they can push this? As it's been my experience....the "intimidation" factors are clearly prevelant and I know they wouldn't be doing this "IF" I was represented by council. However, the Law is..."Everyone has to be given "equal rights" regarding the law without any bias. My case has identified (very clearly) ... they're testing me. I'd like to have the exact verbiage to state this in my Appeal. Would I appeal my Denial from the Superior Court to the Supreme Ct. (in the same Prothonatory's Office?)
I know this may seem logicial .... but I have to get this passed "Up the Chain of Command" here. Am I even entitled to know "why" the Superior Court Denied my Motion for Abeyance?
I was told by (2) other Civil Rights Atty's and a Paralegal that the Superior Court is very well aware that nobody has to File a "Stay" because it's "understood" that any Appeals ... No sanctions or punishment can be enforced until "full Due Process of Civil & Constutional Rights have been heard.

An urgent concern here: Because the Superior Court (wrongfully) denied my Motion for Abeyance....can I also argue that this is a direct violation of my Civil & Constutional Rights of "Due Process" ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The PA courts hold that for the orderly administration of criminal justice, an appeal generally acts as an automatic stay for Rule 1100 purposes. See Pa.R.A.P. 1701(a); Pa.R.A.P. 1764. The question is whether this principle is applicable to appeals from district justice to common pleas courts for Rule 1100 purposes. In Commonwealth v. Paprocki,327 Pa.Super. 270, 274, 475 A.2d 792, 794 (1984), the court stated:

It is clear that time which transpires while a matter is on appeal cannot be assessed against the Commonwealth for speedy trial computations. After an appeal is taken, neither the lower court nor other governmental units may proceed further in the matter. Pa.R.A.P. 1701(a). At the very best, therefore, an appeal acts as an automatic stay of the operation of Rule 1100.

The appeal brief you have to file would be the brief on appealing the denial of the motion, as you correctly summarized my statement above about taking that on appeal to the Supreme Court for denial of your due process rights.

As far as the per curiam decision, you can file a motion for disclosure of the panel who issued the decision and ask the court for disclosure based on the grounds you mentioned above to show there was no improper involvement in the case with the judge you have made the complaint against.
Customer: replied 1 year ago.

Wow: Ok, let me see if I can dissect this in laymans (simple) terms:


In my case since it is "understood" ... "an appeal generally acts as an "automatic stay" for Rule 11oo purposes (Ref. Pa.R.A.P. 17o1 (a); Pa.R.A.P. 1764.

You stated "The question is whether this principle is applicable to appeals from Dist. Justice to Common Pleas Courts (for Rule 11oo purposes. Reference: Commnwlth v. Paprocki, 327 Pa.Super.27o, 274, 475 A.2d 792, 294 (1984), the Court stated:
"It is clear that time which transpires while a matter is on appeal cannot be assessed against the Commonwealth for speedy trial computations. After an appeal is taken, neither the lower court nor other governmental units may proceed further in the matter. Pa.R.A.P. 1701(a). At the very best, XXXXX XXXXX appeal acts as an automatic stay of the operation of Rule 1100."

SO....my appeal brief (to the Supreme Ct.) regarding Superior Court Denial for Abeyance would be: The brief appealing the denial of the Abeyance motion, as I correctly summarized your statement above about taking that on Appeal to the Supreme Court for denial of your due process rights. I can put in "bullets" why my case would be favorable on appeal regarding the errors in the Court...OR, do I just put in the Appeal that My "Due Process Rights" and my Appeal "is" an automatic stay of operation of Rule 1100.

(What's Operation Rule 11oo?). I hate to seem repetitive but I'm just reiterating what I ("think" I) understand (so far)? I'm getting there...but just want to be absolutly sure.

In Ref to "Per Curiam" Decision: I'm going to file the Motion for Disclosure of Panel based on the grounds to make sure there's no Conflict with the Previous Judicial Board Complaint I filed against the Trial Ct. Judge and make sure the "Appeal Panel" isn't the same related names on the Judicial Conduct Board. (Do I have this correct?). I just want to verify the "verbiage" to make sure I don't make any errors as you already know I'm very detailed and I only get (1) shot to make this right.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Rule 1100 just happened to be a rule in dispute in that case that I quoted to you, but what you are citing in your appeal is the case and state that the case holds that the criminal penalties are stayed pending your appeal being completed.

You state that per Commonwealth v. Paprocki the appeal automatically stays your judgment against you until the appeal is completed.

In the per curiam matter, yes you file a motion asking for the names of the court panel and state in there that you are seeking the information to rule out conflict of interest based on your complaint against the particular judge.
Customer: replied 1 year ago.

So ... would it be legally correct to use (in my Motion to Supreme Ct.)... "Per Cmnwlth v. Paprocki, the appeal automatically stays any judgement against Defendant until the Appeals Process is completed by Due Process" (?)



And:
My "Motion to Disclose Court Panel" (i.e., re: "Per Curiam Panel") for any "Conflicts" due to Judicial Conduct Board Complaint to verify there's no Conflict with the Previous Judicial Board Complaint I filed against the Trial Ct. Judge and verify the "Appeal Panel" isn't the same Judges on the Judicial Conduct Board. (Do I have this correct?).
***** What also came to mind....what happens if I encounter the Judge Panel is causing difficulties in my Appeal. Can I request recusal of the Judges for a new panel...or, "If" my appeal is unsucessful to file my Appeal to Supreme Court after my Appeal? Not trying to predict the worst event here...but, nothing has been easy in my case and just being prepared to keep fighting for my Constutional & Civil Rights until someone listens and gets the point here. I'm getting the impression the Courts do what they can to intimidate Citizens from remanding their Civil & Constutional Rights. Not right...but my Constutional & Civil Rights Justice will prevail (in the end)

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, that is correct, you have the right idea.

If you have proof of conflict of interest you can request a recusal of the appeal panel, or you can appeal their decision to the PA Supreme Court as well and then if you are denied, you can proceed to appeal into the federal courts.
Customer: replied 1 year ago.

Your thought process is right in line with what I'm thinking also.

When I filed my complaint to Judicial Conduct Board ("JCB")...do I have the legal right to know "who" the "JCB" Members are? When I do a cross-reference ("Conflict Check") on the Appeal Panel to the "JCB" and if any of the names are XXXXX XXXXX have no choice but to Appeal my case to PA Supreme Ct. citing a "conflict" within the Lower & Appeals Court. IF I'm denied at that process....I'll have no further choice but to Appeal to Federal Court (out of my Jurisdiction).

From what I was told..."IF" this happens and I keep filing my Appeals in my case...it could be likely the Appeals Court would quickly "Vacate my Appeal and dismiss harassment Charges" because the Appeals & Superior Court don't want any other Jurisdictions overlooking their process. In my case, it could prevent a "cover up" and to prove my case is (very) nasty...it exposes all the parties involved who harassed me.


 


So what you're saying Don't re-file my Motion to Superior Ct. for reconsideration on the "Stay" ? It appears when I file my Appeal (to Supreme Ct). it's going to really irk the Appeal Panel anyway ... Why don't I just file my Motion to Supreme Court to hear my Appeal and eliminate the headaches the Superior Court is causing me? Wouldn't that make legal sense also ?


Because this entire incident started (Feb. 2o12).....I can also file a Civil (Wrongful Prosecution) Suit against the parties involved before the statute of limitations expires (Feb 2o14) on me filing a Civil Suit matter on the Malicious Prosecution tactics.

Expert:  Law Educator, Esq. replied 1 year ago.
You can file your reconsideration at the same time you file your motion to take an interlocutory appeal based on the fact that this decision has an impact on the continuing of your appeal in the court. The court will likely deny your reconsideration and then you have to proceed to get the interlocutory appeal filed and get the appeals court to hear the matter or the supreme court to hear the matter and issue a ruling. While it may irk the appeal panel, you still have to follow the process in filing your reconsideration and your notice to take your interlocutory appeal to the supreme court with them if they refuse your reconsideration.

You can get your malicious prosecution case filed against the person who filed these charges against you and the officers involved to stop the statute of limitations.

Customer: replied 1 year ago.

Request Clarification Please:
Are you suggesting I file my Reconsideration of (what?) at the same time I file my Motion to Interlocutory Appeal based on the fact this decision has an impact on the Continuing of my Appeal in the Court? Are you stating I should not file my Appeal to Supreme Ct. (yet) until the Superior Court has denied me (2nd) time? Then file my Appeal to Superior Court?



Persuant to your advice...I can file my reconsideration at the same time I file my Motion to take an "Interlocutory Appeal" based on the fact this decsion is a (great) impact on the continuing of my Appeal in the (Superior) Court


I researched "Interloc. Appeal" it says it's only applied in Civil & other suit matters and not in Criminal Cases (as stated here: http://legal-dictionary.thefreedictionary.com/interlocutory)


 


The Supreme Court is calling my Motion for Abeyance "Relief". I'm not filing Motion for "Relief". I've filed my Motion to uphold my Due Process Appeal Rights. I do believe in following the process (no problems here) but want to make sure I'm not filing (separate) Motions to Superior and Supreme Courts (at the same time)...which is confusing.

Expert:  Law Educator, Esq. replied 1 year ago.
Filing the motion to reconsider denial of your abeyance motion is a personal choice. You may file both a reconsideration of that denial and the notice of the interlocutory appeal to the supreme court arguing that this is not relief but you are asking for enforcement of the automatic stay and you need to make that clear in both your reconsideration and your appeal to the Supreme Court.
Customer: replied 1 year ago.

Now I understand what you've stated (in laymans terms).
Here's what I'm going to do (because I'm a Hon. Navy Veteran (fmr. Navy Police) I believe in utilizing the Chain of Command and give the Chain of Command ("CoC") full procedural process here not to backdoor or "force" someone to do something because I "went above" their authority.
I'm going to give the (Superior) Court (one-last chance) for correction...so, here's what I'm going to do.....I'm going to File to Superior Court: "Motion to Reconsider (unlawful) Denial of Abeyance Order" and state the reasons (as follows):

(a). I did not request "Relief". According to legal Appeal procedures, an Appeal ~gives every appeallant~ Due Process Rights and my Criminal Case clearly identifies that criminal penalties are stayed pending my appeal being completed
(b). The Denial of Stay is improper and unlawfully denies my Civil & Constitutional Due Process Rights. My Appeal identifies justified merits on my Appeal because I am entitled to interlocutory appeal on my case because it greatly impacts my case and imposition of any sentence imposed.
(c). Ref. to: Commonwealth v. Paprocki,327 Pa.Super. 270, 274, 475 A.2d 792, 794 (1984), the court states: "It is clear that time which transpires while a matter is on appeal cannot be assessed against the Commonwealth for speedy trial computations. After an appeal is taken, neither the lower court nor other governmental units may proceed further in the matter. Pa.R.A.P. 1701(a). At the very best, XXXXX XXXXX appeal acts as an automatic stay of the operation of Rule 1100.


 


Pursuant to what I've mentioned in (a)~(c) above, my previous Motion did not "request relief" but only reaffirmed to Superior Ct. my Appeal Rights are within legal procedure identify automatic stay of operation Rule 11oo). If Superior Court Denies my Civil Due Process (Appeal) Rights: I will be ~forced~ to file my Appeal to the Supreme Court because Superior Ct. unlawfully Denied my Civil & Constutional Due Process Appeal Rights



...... Is this (exactly) what I should file (as stated above)?

(You're an outstanding Atty...and I don't want to sound repetitive but I'm trying to "simplify" what you're saying into language I can understand so I can "write" my Appeal exactly as I can understand it...as well as the Superior Court). Just trying to make this very simple...without reinventing the wheel here.)


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Just use this part of the court case, "...After an appeal is taken, neither the lower court nor other governmental units may proceed further in the matter. Pa.R.A.P. 1701(a). At the very best, XXXXX XXXXX appeal acts as an automatic stay."

"Pursuant to what I've mentioned in (a)~(c) above, my previous Motion did not "request relief" but only sought to reaffirm to the local authorities who keep trying to execute on the lower court judgment that my appeal acts as an automatic stay of any further action on the lower court ruling."

Stop accusing the court of things, all you are going to do is turn them against you. Also, do not threaten the court that you are going to take them on appeal to the Supreme Court, they know the process and if you threaten them with it in your pleading, many times they are likely to say, "go spend your money and time and do it." You want to show a bit more respect for the court in your motion and not accuse them or threaten them about anything. You can point out errors, such as them claiming your motion was relief, but do it professionally.
Law Educator, Esq., Attorney
Category: Legal
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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