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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88312
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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OK...so, I filed my "Motion to Uphold my Appeal Rights" Heres

Customer Question

OK...so, I filed my "Motion to Uphold my Appeal Rights"
Here's what I stated:

~ Motion to Reaffirm & Uphold Appeal Rights within Legal Procedure ~ Uphold Constitutional & Civil Rights of Due Process

Per HSC’s recent DENIAL of “Relief” is in error. The Motion for Abeyance was filed to correctly clarify my Motion to Reaffirm and Uphold Appeal Rights in accordance with Legal Procedures is Automatic Stay of Operation Rule 1100.

Upon Review of HSC Recent Approval; HSC granted my request to Combine both Criminal Cases; #ABC ~and~ #XYZ.

This Motion to Reaffirm Uphold Appeal Rights within Legal Procedure is Automatic Stay of Operation Rule 1100.”

(a). Per your ORDER (Denial for Relief) ... (see attached) is a Legal Error. I affirmed to HSC my Motion of Abeyance was incorrectly viewed as “Application for Relief” The exact legal reference is correctly stated as: In accordance with Legal Appeal procedures, an Appeal gives every appellant Due Process Rights and my Criminal Cases clearly identify any criminal penalties are stayed pending my appeal being completed

(b). Ref. to: Cmnwlth 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).

(c). At the very best, XXXXX XXXXX Appeal acts as an automatic stay of the operation of Rule 1100. Superior Court's Denial of Stay is improper and unlawfully denies my Civil & Constitutional Rights of Due Process. My Cases identify justified Merits on my Appeals because I am entitled by law to interlocutory appeal because it greatly impacts my cases and imposition of any sentence imposed.

Pursuant to (a)~(c) above, my previous Motion did not request relief but only sought the Superior Ct. to Reaffirm to all local authorities who keep attempting and trying to execute on the lower court judgment which my Appeal filed acts as (and is) an automatic stay of any further action on the lower (Trial) court ruling.
=================================
I rec'd word (today) the Judge "DENIED" my Motion. They call it "Request for Relief". HOW is upholding Appeal Rights a "Relief"?
Furthermore....I did request the Judge's name (and got it). The Clerk told me that they were "just recently" allowed to disclose Judge's names. (I find that peculiar because the previous Court Orders were signed "Per Curiam"

Anyway....I reviewed the Case File and noticed my other Case file the Trial Court did ~not~ file the Court Transcript with the Superior Court. I brought this to the Clerk's Attention and she stated for me to file a Motion to Superior Court (and send copies to Trial Ct.) identifying the Trial Court needs to produce the Court Transcripts (for legal record).

I've just identified the Court Records have my Submission (Nov 2o12) that I identified an "outsider" of the Court (not a witness) was "intimidating (my) Witnesses outside the courtroom before the trial. It was noted on record. The "outsider" instructed and told my witnesses "not" to cooperate, play "you don't remember" games and upon further matters identify the "outsider" has (and did) obstruction administration of law and other governmental function. This "outsider" was a co-worker where I worked and during my trial this person interrupted the court with his statements. I've also cited (through court records) the Judge stated my witness didn't know anything about my Supervisor ... in fact, there's an email I submitted (to the Court) identifying she did have knowledge of my Supv. previous conduct and "schemes" to intentionally deceive the court by her not being honest. I also was just made aware a former co-worker just retired and is willing to testify against my Supv. (in Appeals Ct.) stating my Supv. knew about my EEO case as she claimed She had no knowledge I filed an "EEO Claim" naming her as the offending party.

OK....so NOW what's the next process here? HOW can a Court of Law unlawfully deny my Appeal (Due Process Rights) ???
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update on your situation.

They should NOT deny you the rights that are provided for under the law.

The next step is letting the court deal with your motion to enforce your rights on appeal and filing your motion to send transcript to the appeals court. These are the two things you need to file.

Your co-worker cannot testify in the appeals court as they do not take testimony, so your argument on appeal is that the denial of that testimony was reversible error.

If the appeals court denies you, then your next step is the Supreme Court and then the US District Court because there is a federal due process issue involved.



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Customer: replied 1 year ago.
Per your answer:
"They should NOT deny you the rights that are provided for under the law."
*** I already know this. I just can't believe "more games" to see how far they can play with me. (Unethical at best)

"Next step is letting the court deal with your Motion to enforce your rights on appeal"
*** I've been thinking about Filing a "Petition for Dismissal/Vacate Harassment Charges" as of today since this happened. I'd be required to file (7) copies to the Court and the "BIG" Citation here is..."Unlawful Denial of Legal Due Process Rights (by (1) Judge). My concern is IF I continue to keep letting the Court deal with my Motion to Enforce my Appeal Rights....wouldn't it be easier (now) to File my "Petition for Dismissal/Vacate" where the (7) panel of Judges would see this "game" is unethical and just Vacate/Dismiss my Charges? My concern is if I keep going through these "Motions" that it's going to tick the Judges off and they'll rule in favor of Trial Court "because they can" (for spite). I'm already seeing this "pattern" here.

"File your Motion to send transcript to the Appeals court. These are the two things you need to file."
*** I've already filed my Motion to Appeals Court for Trial Court to produce the Transcript Report. I also requested my (3rd) Appellant Brief Extension request which the Superior Ct. gave me until 29 July. My (3rd) Appellant Brief Extension requested 3o Sep. There's NO possible way I can get (7) Appellant Brief's completed by 3o Sep. because the Trial Ct. still hasn't submitted their Court Transcripts to Superior Court.
*** The Superior Ct. denied my Due Process Appeal Rights which I haven't "acted" on it (yet). (I haven't rec'd the copy of the "Order" yet. I think I'm just going to file my Petition for Dismissal/Vacate and cite this as a Major Due Process Violation by Commonwealth for intimidation/unlwful harassment to Appellant and severe Violation of Due Process (Civil/Constutional) Appeal Rights were unlawfully denied.

"Your co-worker cannot testify in the appeals court as they do not take testimony, so your argument on appeal is that the denial of that testimony was reversible error."
*** Can my co-worker supply a written statement and get it notarized for official copy?" This co-worker just retired and stated she was tired of the unethical corruption in her Dept. (she interviewed me and my Supv. on my EEO Complaint and my Supv. said (in court) she wasn't aware of my EEO Filing. I've cited my Supv. committed perjury in her testimony here).

"If Appeals Court denies you ~ your next step is Supreme Court...then...U.S Dist. Court because there is a Federal Due Process issue involved."
*** As I previously stated...I think (now) because the Judge (unlawfully) denied my Appeal Rights....I can use this as a BIG BULLET to file my Petition Dismissal/Vacate
citing "Federal Due Process Rights were unlawfully denied" and further requests/Motions to the Superior Court to uphold my Legal Rights have identified defiance to accept Commonwealth Violated my Civil & Constutional Rights from the Trial Ct. to (now) Superior Ct.

I just can't believe the unlawful shenanagains both these Courts have engaged in. My good friend (paralegal) identified to me there's a severe problem and if the Superior Court has Violated my Rights..."IF" it gets to a Federal Venue will "Red Flag" the U.S. Dept. of Justice & Atty. General for Investigation.

As far as my "Civil Complaint" goes: I've got that ready to file and added "Violation of Due Process", "False Arrest" and thinking about adding "unlawful extortion schemes" by the Commonwealth (i.e., DA's Office). Prosecutorial Misconduct has clearly been identified here.

(PS...an Investigative News Reporter has received my documents and wants to interview me on them. I stated to the Reporter...these are NOT "allegations" but only part of Court Record")
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I know your question about how can they deny you your rights was more rhetorical, but I answered you anyhow as I cannot account for what the court is doing in your case no more than you can.

Your petition to dismiss is a bit premature, you need to pursue your appeal as you are asking in the appeal to vacate the lower court's ruling.

You need to get your brief done, you only need to make 7 copies and not write 7 briefs, so I do not understand what you are saying when you say you cannot get 7 briefs done in time as making copies is not that big of a time consuming matter. It is writing your appeals brief that is time consuming and once it is done making copies is easy and you can do that at any office store and they will even bind them for you.

The written statement of your co-worker is hearsay, you can attach it to your brief to show what they would have stated had the court allowed them to testify though and that is permissible since this was something that happened in the court below so it can be raised on appeal as error.

While the court may be playing games with you and your case, you still have to go through the legal process step by step and you cannot keep trying to short cut the process. So keep pursuing your steps one at a time, file your motions and let them play their games if they want and proceed to the next level of court.

If the court does not get the transcripts done, you file a writ of mandamus in the appeals court who will order them to do their job.
Customer: replied 1 year ago.

Denying my Rights seems to be an unethical "game" here. I guess the Court is trying to challenge my legal knowlege (lol). Why "would" the Appeal Court even deny Appellant (Due Process) Rights? I've never heard such an absurd ruling for a Court to "deny" an Appeal. Appeals gives every appellant Due Process Rights and clearly identify any criminal penalties are stayed pending my appeal being completed"
** The Court is harassing me attempting me to "due punishment" (pay fines, do (5o) hrs. of Community Service BEFORE my Appeal? That makes no sense and the Court is mocking me. If I do ~any~ of the (Trial) Court punishment (community service) ... if I win my case...I just worked (5o) hrs. for nothing (or...unless I Invoice the Commonwealth $2o-hr. for my time. (Wishful thinking?)

I really didn't think my Petition to Dismiss would be premature...but, to get straight to the point might be a strategic plan...but to keep playing this (nonsense) game where the Appeals Court is doing this "for spite" knowing they're bullying me. So, what you're saying is state in my Appeal to Vacate the Lower Court Ruling (and list (a), (b), (c)...etc.)?


I'm working on (2) Cases at the same time...because both cases are similar (same D.A., Same State Police Officer and the D.A. used my EEO complaint in the other case to "claim" I filed my EEO as harassment. This is wrong. Filing an EEO Complaint is a Federal Legal Right and to even mention my EEO in a Court to "imply" harassment is unlawful retaliation. In my Appellant Briefs...I'm going to only focus on highlighting the important facts. However, the good news about the Appellant Briefs is I can do alot of "Ref to" (and mention the Docket Name (date) and Subj. rather than submit the same document again (if it's already on file). Making the "1" master Brief and then (7) copies...it's going to be a task. I was referencing doing the (1) Appellant Brief...and then making the (7) copies...not (7) briefs. (I think I confused you).


 


So...my Appeals Briefs should be bound in a notebook file or something?



*** Written Statement of my Co-Worker is hearsay? Even if it's notarized as "official statement" ? Or....certifying it as true statement? So, I can get a statemnt from my co-worker (who wasn't subpoenaed?) to make a statement? Problem is...the witnesses who were subponeaed by me ("my witnesses") were corrupted by another co-worker who wasn't even called to give testimony. He "marched" right in my Criminal Appeal as if "He" had rights to say what he wanted....then "instructed" my co-workers to not tell the truth (i.e., intimidating and instructing witnesses to not tell the truth is intimidation of witnesses and obstructing administration of law or other governmental function is a crime (Felony?).



The written statement of your co-worker is hearsay, you can attach it to your brief to show what they would have stated had the court allowed them to testify though and that is permissible since this was something that happened in the court below so it can be raised on appeal as error.

The court playing games with me (and my case)....good grief Charlie Brown...when will this "circus" end? I'd like to go to the top and get this resolved....but not a fan of "jumping the Chain of Command" here as that would leave sour grapes in the Judge(s) mouth(s). I can keep filing my Motions...but I don't want to spend too much time Filing Motions when it's taking time away from my Appeallant Brief.


 


"IF" the Trial Ct. doesn't get the transcripts completed...I file a Writ of Mandamus(?) in Appeals Ct. who will order them to do their job. I'm guessing the Trial Court will cause intentional delays on getting the transcripts completed.. If that happens, then what?

Meanwhile....while I'm waiting on the copy of the Superior Ct. "Denial" for not upholding my Appeal Rights....am I authorized to file a "Motion for Reasoning" to that? I'm guessing the Superior Ct. wouldn't respond. Or, file my Motion to the Supreme Court?

Expert:  Law Educator, Esq. replied 1 year ago.
The appeals should be bound with a plastic binding for the appeals court.

I wish I had the answer for some of the crazy things I have seen courts do I could write a book on them, but could not answer the one thing, why....

Written statements of anyone even notarized or sworn are hearsay because due process entitles the other party to cross examine the witnesses against them. Also, the best evidence rule requires live testimony.

You file a writ of mandamus for the transcripts and then if the court ignores the writ from the appeals court you file with the supreme court for judicial misconduct.

If the Superior court denies the appeal you can file a motion for written decision and conclusions of law and facts. Then your next step is the appeals court or commonwealth court and then the supreme court.
Customer: replied 1 year ago.

Plastic Binding? (Spiral binding or regular binder-type binding?)
I'm going to hand deliver my Appeal Briefs anyway to avoid expensive postage.

Crazy things in Court? You can write a book on my case (for sure)!

I have no problem bringing in Witness Testimony for other party to cross examine my witness(es). Live testimony is better than what's stated on paper anyway.

Since I just filed my Motion "Produce Transcripts" to the Superior Ct....do I have to wait for the Trial Court to respond before I file my "WoM"?


~ I (personally) requested the transcripts (from my other case)...if the Court was to provide the transcripts...why did the Court Reporter charge me for the transcripts if she gave the copy to the court (for free or reduced charge?) Something's not right on this here.

If the Superior Court "denies" my Appeal? Why would the deny my Appeal after requesting me to produce (more) documents (i.e., Appellant Briefs). Next thing...the Appeals Ct. would give me a Hearing Date? Would the Appeal Board even review my documents ~before~ the hearing? What if the Appeal Board reviews my Briefs and sees the "big picture" and vacates my charges? (Not that it "would" happen).


 


To avoid any chances of my Appeal being Denied...I've already cross-referenced "case law" to the "exact occurrences" of my case. The other questionable (strange) thing here...on 3o Apr., PA State Police (Lieutenant) called me in his office for (1)-on-(1) meeting to give me his "Olive Branch" (apology) on other matters ... he wanted me to "earn his trust" ... I stated to him that should've been done last year when I filed the (2) Internal Affairs Complaints against Troopers under his command. (Blank stare on his face). So...he stated to me, "You have the fire in your belly I wish all Citizen's had". (Again, why was I unlawfully prosecuted because of "the fire in my belly" to confront wrongdoing? (no answer).
I discovered the email (Capt.) sent me he arranged the meeting.

I feel I need to file a Civll Suit (now) on this engaging the State Police and DA's Office for false arrest, prosecutorial misconduct, slander, etc., etc. The Pub. Def. & Judge participated in falsifying a Court Document in my representation and it was sent to the DA's Office & Mag. Dist. When I cited perjury document...this means the DA's Office is responsible for "integrity" knowing it's a false document. But, this Judge has engaged in Judicial misconduct and everyone (in my local small county) is intimidated (scared) to confront this Judge. So, I filed a Judicial Misconduct against this Judge (and the Mag. Dist. Judge for having a criminal background ruling ~on~ my case in the Prelim. Trial" as a severe conflict. The Mag. Dist. Judge has a criminal charges (i.e., solicitation prostitution and DUI) and he charges me with harassment because of language? I haven't even had a parking ticket...but it's the "good ole boy network" and it's "Do as I say..not as I do" and "don't challenge me" corruption here.


If it wasn't for Honorable Veterans (and Citizen) like me....there'd be more injustices done. Just wait for the exposure getting ready to hit the news on this.



This is just horrific and this is a great example when you get misguided Troopers claiming they can do anything they want (without proper supervision).


 

Expert:  Law Educator, Esq. replied 1 year ago.
Binding can be spiral or it can be the plastic binding, which is a plastic strip that goes along the edge.

You have to give the court a chance to produce the transcript based on your motion before filing mandamus. The party who is filing the appeal pays for the transcripts. Since you filed the appeal you are bound to pay for them unless the court finds you are financially unable to pay (pauper filing) and waives the fees.

The superior court could deny your appeal for any reason, I cannot predict which they will use. If they deny your appeal you file a notice of appeal within 10 days of the ruling and then you proceed to file your appeal to the commonwealth court and then finally to the supreme court if you are denied by the commonwealth court.

You can file your civil suit now if you are approaching the statute of limitations to make sure you preserve your right to sue.
Customer: replied 1 year ago.

I rec'd the (denial) Order upholding my Appeal Rights. It stated (as follows): "To the extent that this Ct. can discern what relief appellant seeks in his 17 Jun "Motion to Reaffirm and uphold Appeal Rights within legal procedure, the application is hereby DENIED."

What is Ct. "can discern what relief I seek"? I thought this was common (law) sense that no matter "what" the case situation is...when an Appellant appeals the Trial Court...any punishment is "stayed" until full Appeal Rights are heard. Do I have to give "actual" reasons as to why I'm owed "stayed" of fees, fines, punishment, etc?

I noted perjury statements the Court relied on to gain (wrongful) conviction) (in both cases I have). I noted the Court ("Judge") spoke on behalf of one of ~my~ witnesses to interpret what "she thought" she knew or didn't know. Case in Point: During my Trial (1o Nov) I filed an "Immediate Motion for dismissal" because a witness (outside the courtroom) saw and observed my co-worker (not subpoenaed or called to testify) who unlawfully instructed my witnesses not to cooperate in any testimony, "be difficult" play, "you can't remember" and "don't admit anything". Why would my (co-worker) instruct ~my~ witnesses to give intentional ~false~ testimony thinking he could get away with it. This has been identified as "corruption of Legal Proceeding" or ... intimidating witnesses and obstructing administration of law or other governmental function. The Judge ignored this and proceeded with the Trial. Upon reviewing the Judge's statement "answered for" my witness claiming she didn't know anything about my Supervisor's incident. An email (before the Trial Date) my witness sent me identified, "I agree that (x) does all kinds of things based on favoritism and other things, which I won't go into" She was my witness that told me (on speaker phone) and told me and my wife ...."Call me as a witness, I'll testify for you." When she was called as a witness, she claimed she didn't know anything about the incident and participated in giving false testimony. There's a history of emails identifying she did know something but engaged in a "cover up" because my Supv. is now the "Chief Dir." of the Agency and anyone that goes against her...she retaliates and harasses them. (example: a witness I had for my EEO complaint, he claimed he didn't receive an email I sent him about the deplorable work (harassing) conditions he admitted to telling me. He claimed (3x) he never rec'd the email. He was still working for my "Chief Dir." and upon accessing my email tracking....he opened the email (3x) and forwarded it to (2) different computers....having it open for (3o+) min. I showed this email tracking to the EEO Investigator that identified he gave "False Testimony under oath (perjury)". (3) days after Christmas (2o11), he submitted his retirement papers. (i.e., forced retirement)?

I disclosed a (false) Petition of Rescind Pub. Defender my (fmr.) Pub. Def. presented to the Judge (for signature). It was Cc'd to DA's Office, Mag. Dist. and Court Admin. They ~all~ knew this was a false Petition to commit Perjury (by the Court) ("i.e., Corruption of Justice"). I reported the Corruption of Justice to Deputy Atty. Gen ("DAG"); he advised me contact State Police (oh, no...not again!) I advised "DAG" I wasn't going to file with State Police because of previous conflicts that started this mess in the first place....so, "DAG" gave me "FBI" information....I spoke with Agent and emailed the Document. I didn't appreciate his condescending tone with me and I had to advise him, "Agent ... I understand your questions...but you've asked me the same questions (5x) already and I've given you the same answer (5x). I'm fmr. Navy Police, I've assessed the document in correct form...and the Commonwealth has committed Perjury by falsifying a Court Document for Corruption of Justice." Agent said: "Maybe you need to contact an Atty". I stated: "Agent, I'm going to kindly advise you again....go retrieve the email...and you will notice the questions on the Application are fully answered and go retrieve the document so we can be on the same page. I'm looking at the document right now as we speak so your questions to me are irrelevant." Agent said he'd get back with me.

SO, I contacted State Police to report the Corruption, perjury and obstruction of justice (intimidating witness). The Sgt. (State Police) said he didn't know what to tell me. State Police know me very well...after all, the Capt. & LT. called me into a (1)-on-(1) meeting to give me the "olive branch" apology for their abrasive rude conduct. I stated, "Your olive branch should've been extended last year as I've filed (2) I.A. complaints against your Dept. and you did nothing to curtail this matter." (no response). I advised the Sgt. this entire matter started by his Jr. troopers filing malicious charges for me engaging in protecting my legal rights and nobody trained these probationary troopers...that's what started this mess. Had your Tprs' did proper investigations...I wouldn't have discovered the corruption and perjury....so,.... (Sgt. interrupted me saying, "I'd say this is a Civil matter....or contact the Atty. Gen. Office"...sorry, but I'm not a lawyer and the Courts will have to handle your matter.")

From what you stated: I can file my Civil Suit if I'm approaching the statute of limitations. Statute of Lim. doesn't expire until Feb 2o14.
However..."IF" I file my Civil matter during this ongoing Criminal Appeal Matter....wouldn't the Court say anything about that? I've already cited validated legal reasons where my legal rights were violated and court and witnesses engaged in corruption and obstruction of justice to gain (wrongful) conviction due to denying Due Process Rights of Fair Trial.
The (Trial) Court ("Commonwealth") engaged in falsifying a court document as to intimidate and harass using "extortion" tactics (i.e., "If you don't like it...hire council but we're not giving you another Pub. Defender") as per engaging in ridicule and unlawful taunting to harass me. (otherwise clarified as engaging in extortion tactics for me to hire council for further ridicule). The Judge said he resented me using the court as a "sideshow" but in realistic terms...he didn't like what I had to say giving legal references to the occurrences that started this entire matter and the (nasty) discoveries were identified (against my neighbor). Rule of thumb: Before falsely accusing someone of something...make sure your plate is clean. Person in glass house shall not throw (1st) stone). If my credibility is going to be attacked....I have just as much legal right to attack the non-Credibility of the Commonwealth on injustices...that's what I did.



In the Civil Matter....I read the Pub. Def. & DA's Office are exempt ('immune') ... however...due to the scope of prosecution and representation....I've identified the "parties" (i.e., Pub. Def. and DA's Office) engaged in vexatious, malicious and prosecutorial misconduct "outside" the scope of the Commonwealth's legal duties. To call an Honorable Veteran "Legal Terrorist" or "terrorist" in any fashion is ~equivalent~ to a racial slur and to insult me with "must be suffering from psychological disorder" is malicious slander and degradation of character "outside the scope" of professional representation & prosecution. Not to mention: Engaging in Criminal misconduct to perfect a false Petition (perjury) statement to the Court. In this venue, it indirectly falsely accuses me of perjury claiming I didn't disclose my financial information. (Court records identify I "did" complete the information required and it was Certified by Court Clerk). I can (and will) include the Pub. Def & DA's Office on my complaint for both of them willingly and knowingly participated in "fraud" and "perjury" abusing their legal authorities for intimidation to Honorable Citizen.

IF: The Superior Court denies my appeal (for any reason), I will file a notice of appeal within (5) days of the ruling and Proceed to file my Appeal to the Commonwealth Court....and (if necessary)....the Supreme Court.

Ref. to: How do I address the Court's DENIAL of upholding my appeal rights? The verbiage: "To the extent this Court can discern what relief appellant seeks" ... does it matter "what" relief? Common (legal) sense is when something is Appealed to higher court...any punishment, fees, fines in lower court are "stayed". Do I have to spell it out for the Superior Court? (do I respond directly to the Judge that signed the Order...or refile the Order as "in error" and explain what the Trial Courts have done to gain a wrongful conviction). My email to Dep. Atty. Gen. was received yesterday and I reiterated that since he's "of the court" he has the legal duty and obligation to uphold and enforce the laws when it comes to false testimonies (perjury) and Court corruption being reported. (Not sure when I'll get a response to my email on this....but something just "might" happen now....unless I file my Civil Complaint this week).

What's your insight on this ?Cooltitle="Cool"/>

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

Yes, you need to spell out exactly what you want from the court. You cannot just write you want something without telling them what you want and why you are entitled to it. That goes for everything on appeal or in court in general. You have to tell the court the law, statute and even case law and why that applies to you and why they should grant you what you are asking.

You can file your civil suit now, even though the appeal is not decided.

You need to appeal the denial of your stay to the commonwealth court and you need to spell it out this time with the law, the case law and specifically why the law applies to you and what relief you want specifically. Focus only on that one thing, not all of the other issues.

You also need to reexamine your writing style it is too confusing and scattered. You go off in too many directions and say too much to where the person reading what you wrote gets lost or worse, bored. Thus, you lose your reader after the first three sentences when you go off on your peripheral facts or claims.

Stick to this format in your appeals and all of your legal writing:

Issue- State exactly what your issue is. In the beginning of your brief (it is called a "brief" because it is supposed to be BRIEF) you list all of your issues clearly and simply as possible. Then when you get to your law and argument section you mention issues one at a time.

Rule- For each issue you state what the rule of law or case law or statute is regarding your issue.

Analysis- You BRIEFLY explain on that issue why your case is or is not similar to the case law you cited and why the court should treat your case like the case or law you cited.

Conclusion- State exactly what you want the court to do and why based on the case law or statute you cited they should do so.

You need to follow this format explaining every issue. Do not jump to the next issue until you completely finish one issue.

Then when you finish your IRAC of each issue, then you have a short (no more than a page or so) conclusion that summarizes each issue and what you want clearly.
Customer: replied 1 year ago.

Issue-
(2) harassment cases (prosecuted by same Asst. D.A).


 


Harassment Case (1): (Supv.)
~ State Police were notified (by me) via letter to State Police and DA's Office of my (work) Supvervisor making false claims of harassment when reported my Supv. for EEO Complaint which she knew she was part of ongoing EEO Investigation. State Police disregarded letter and filed filed harassment charges against me.
~ Upon trial (court records) identified my witnesses were intimidated from "outside party" not to tell the truth, be defiant. This was identified ("Motion Immediate Dismissal; o6 Nov") because the outside party (co-worker) was not called to testify nor subpoenaed witness engaged in intimidating my witnesses to not tell the truth, be difficult, don't admit to anything identifies "intimidating witness and obstruction of administration of law or other gov't function. This co-worker instructed my witnesses to intentionally withhold information to court and law enforcement officials.
~ Court transcript identifies Judge "spoke on behalf" of my witness claiming my witness wasn't aware of my dealings with my Supv. In an email the witness had sent an email to me identifying she knew my Supv. conduct and "other things" which she wouldn't go into. My phone conversations with my witnesses identify she stated to me to use her as a witness against my supv. misconduct. Because the outside party engaged in manipulation of intimidating my witnesses it was clearly identified "don't tell the truth" or retaliatory action would follow (after court proceeding.


~ Trial Court relied on perjury testimony to gain wrongful conviction and allowed my witnesses to be intimidated by a co-worker (outside party) who wasn't giving testimony or part of any investigation in court.
~ Witnesses played "I can't remember" knowing the court records and previous emails on the subject identified otherwise and intentionally withheld truthful statements in cooperating with trial proceedings. Judge ignored my Motion for Immediate Dismissal based on this fact.
~ I received news clipping (from Agency) from "Ask the DA" and a comment typed on the letter "Good luck getting another job at ("X") after your conviction" to imply unlawful threat. Judge ignored this evidence

Harassment Case (2): (neighbor)
~ I called State Police for Brandishing a loaded weapon complaint. My neighbor's son pulled loaded gun from trunk of his car and held loaded weapon in the air to threaten to shoot my (14) mo. puppy. After incident was over (within (2) hrs)....I sent (2) very harsh emails (stern and obscene language) because of reckless handling of loaded weapon that could've killed me (or anyone). Neighbor and his son knew we've had our dog (Feb 2o11) at (7) wks. old and no reasonable fear or threat when neighbor knows my family history of having (2) dogs, (4) cats and our girls in my household.
~ Neighbor stated in testimony that I threatened to sue him because I sue the Gov't, etc. when I used the language, "I will make your life a legal living hell if you mess with me, my family or pets or say anything at all." This is the same neighbor that contacted my landscaper instructing him not to do my yard anymore (and was done) and...called the school on my girls for waiting in front of their mailbox for the school bus for (maybe (2) min.).
~ Neighbor stated he witnessed entire event while in his garage. I question the testimony "IF" my neighbor was in his garage because "IF" that were true, this identifies "provoked" his son to brandish a loaded firearm "in the air" to commit threat of reckless endangerment when there was no danger at all and brandishing loaded firearm "in the air" was reckless endangerment.
My Navy Police experience and training identified that:
(a). treat every weapon as if it's loaded. State Police asked me "how do you know if the gun was loaded" ?
(b). Don't point your weapon at a target you don't intend to shoot. Weapon was recklessly aimed in the air to cause imminent danger over my head.
State Police charged me with harassment over "obscene language" I used because of life-death threat of my neighbor's provoking life-death matter

~ State Police were called because my (same) neighbor used his vehicle to threaten (vehicular assault) run over a minor playing in the street with my girls...witnesses were subpoenaed for my case to identify my neighbor was harassing me and other children to provoke another deadly incident. State Police falsified police report omitting eyewitnesses name from report to "favor" my neighbor knowing he was under scrutiny for our harassment case. Reason for dismissing complaint ... child used profanity against (same) neighbor and State Police dismissed the complaint (no charges were filed).



~ Judge unlawfully quashed my witnesses that were viable credible witnesses to events reporting matters (incl. LT & CPL of State Police on notifying them of severe endangerment matters of policy & procedures to protect Citizen's safety. Judge spoke on behalf of my subpoenaed witnesses stating to there was no relevance to my case. (i.e., bias) and unlawful influence.

~ My fmr. Public Def. (and Judge) engaged in unlawfully filing a false Petition to Rescind Public Council ... DA's office used same false filing (perjury) document produced by Pub. Def. and Judge's signature to intentionally sabotage my legal representation as to "taunting" and "intimidation". Commonwealth (Trial Ct.) produced a false (perjury) record to sabotage my legal representation.
~ Asst. D.A. & Judge engaged in slander calling me "Legal terrorist" when defending my legal rights which is equivalent to "racial slur" for attacking my legal knowledge and military training on policy & procedure.

Evidence in Trial Transcripts identify Judge & Asst. DA engaged in ridicule not within legal scope of Commonwealth representation and unlawfully denied my Due Process Rights because Asst. D.A. handled previous harassment case stating I was charged with harassment knowingly that I appealed the conviction and have legal Due Process Rights and no sentence could be imposed-given based on a case ON Appeal.
==============================================
Rule- Reported offenses to prevent abuse of State Police and unlawfully retaliated (charged with harassment) which I engaged in my Civil & Constitutional (1st) Amendment Rights to report abuse of State Police and reporting criminal actions in progress. Violation of Civil & Constitutional Rights and unlawful retaliation because I was thoroughly trained in Police Procedures more than the Trooper's experiences who filed malicious harassment charges against me.

Analysis- Case law identifies any Citizen has the legal right to report offenses to Law Enforcement Officials and DA's Office to prevent misuse and abuse of Citizen's abusing the legal system for personal gain (for retaliation). There is legal notice (on file) I sent to State Police, my Commanding Officer (at work) and DA's Office for my supervisor being under EEO investigation and she was claiming "harassment" because we are both parties to an ongoing EEO Labor Dispute. Parties are forbidden from charging criminal charges against each other due to being parties to a labor-dispute. My Supv. (and witnesses) in this case have given false testimony (perjury) and Commonwealth (Trial Court) used perjury statements for wrongful conviction.

On 3o Apr '13: State Police (Lieutenant) called me in his office for a meeting ... stating references about my daughter's (sex) abuse incident and ...stated, "You have the fire in your belly I wish all Citizens had...I need you to be a Dad...not Navy Police now....let us (State Police) handle your daughter." in the harassment cases mentioned...I was protecting my own family from imminent danger reporting wrongdoing. State Police have (2) internal affairs complaints filed on them for falsifying police reports and misconduct. Asst. DA sent letter to Judge (25 Feb) called me a legal terrorist and included my email (phone) conversation with Capt. (State Police) on 24 Dec '13. The emails identify Police misconduct and falsifying reports. (on record). Why would a Citizen be highly regarded by State Police of "fire in their belly I wish all Citizen's have" when defending their legal rights including State Police misconduct and Violating a Citizen's Civil & Constitutional Rights of Due Process.

Conclusion - Given the exact statements above the Trial Court imposed sentencing (fines, probation, community service, anger management counseling. etc). Based on the Commonwealth (Trial Court) falsifying records and relying on perjury statements (to gain unlawful) conviction it is hereby identified that my Civil & Due Process Rights (of appellant procedures) based on legal facts in my case automatically grant me relief of imposed sentencing.

Reference: :
(a). In accordance with Legal Appeal procedures, an Appeal gives every appellant Due Process Rights and my Criminal Cases clearly identify any criminal penalties are stayed pending my appeal being completed

(b) 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).

(c). The Superior Ct.
Denial of Stay is in error and improper. Superior Court cannot deny anyone's Civil & Constitutional Rights of Due Process. My harassment Cases identify justified Merits on my Appeals because I am entitled by law to interlocutory appeal because it greatly impacts my cases and imposition of any sentence imposed
. Stay of any (Trial Court) Sentencing shall be granted given this Civil & Constitutional Right of Due Process on Appeal Rights.


======================================
HOW's this Statement (above)?



Now......I just rec'd more info from Superior Court.
(1).
I filed for extension of time (4th) request because Trial Court did not submit the Court Transcripts. (As you're aware, I filed a Motion to produce the transcripts...no "writ of mandamus (yet)). Superior Court sent me an invoice (for $25) for Motion for Extension of Time. I just rec'd (in the mail today)...my application for ext. of time and reproduced record was denied. Court stated "Appellant is reminded to file (7) copies of Appellant Brief and (4) copies of reproduced record" Pursuant to the last information....the record is already "on file". Why am I supposed to produce the record when the Superior Court already has the record on file. Why did Superior Ct. send me the ($25) invoice to request time...when Supreme Ct. just denied my Motion?

(2). Superior Court gave me ORDER stating:
"Upon consideration of Appellant's 27 Jun application for an order compelling the trial court to provide transcripts, it is noted that transcripts for the 21 Dec '12 trial and o1 Apr '13 sentencing hearing are already in the certified record. To the estent that other transcripts are necessar to the resolution of this appeal appellant's application is denied without prejudice to his ability to seek relief in the trial court. see Pa.R.A.P. 1911 (appellants responsibility to secur necessary transcripts).

The Superior Court is "in error". There's (2) separate harassment cases. I specifically requested the trial transcripts for 27 Sep & o6 Nov is separate Trial Transcript from Dec 2o12 / Apr. 2o13). I have copies of the transcripts from 21 Dec 2o12 and o1 Apr 2o13 that are on file.
So, how did my Dec 2o12 & Apr 2o13 transcripts get "in the Superior Ct. record"? How'd they get a copy of the transcripts ? Did the Court Reporter provide a "free" copy to the Superior Court for something I paid for? Something's not (ethically) right here. I'm suspecting some foul pay and have no choice (now) but to request my file be transferred to SUPREME COURT because of conflicting matters.

Every time I file a motion to Superior Ct. supporting case law and facts...my Motions are denied ... denying my Appeal Rights of due process and to gain copies of the file (or records). There's just no way I can get my Appellant Brief completed without the Trial Transcript for legal reference and the Court causing the delay.


 


Expert:  Law Educator, Esq. replied 1 year ago.
I understand your arguments, but in your writing to the court you need cite case law and/or statutes to support why your arguments are correct and why they should rule in your favor, just like you say you are doing. Let the superior court turn you down, as long as you are properly framing your issues and the case law supports your position on your issues then the commonwealth court will have a basis to overturn the superior court.
Customer: replied 1 year ago.

You stated in my writing to the Court I need to cite "case law and statute". How? I've already cited Civil & Constitutional Rights....it's very simple
What is the "case law" for the (Trial) Court for:

(1). falsifying court documents (i.e., committing perjury)
(2). Unlawful harassment by Trial Court engage in slander equivalent to racial slur (i.e., calling Honorable Navy Veteran "legal terrorist") in court proceedings for degradation of character
(3). witnesses intentionally intimidated to give false testimony. (i.e. Obstruction of administrative law or gov't function to refuse truthful testimony)
(4). Failure to Protect my family for life-death matter and charging me with harassment "because of obscene language" used in life-death threat"


(5). State Police .... improper procedures, failure to provide public safety to ~all~ citizens without bias. Falsified police report(s) favoring criminal misconduct and refusing to investigate or report criminal matter "because of obscene language" used. When I "victim" reported criminal matters....State Police engaged in unlawful retaliation when "I" reported criminal offenses

Cite case law? What case law? I have ACLU cases (on record) that identify PA State Police have been habitual offenders for writing citations for "language" when life-death matters existed. Gross negligence and violation of my Civil & Constitutional Rights.

What "case law" or "statutes" identify in my case here? Good Grief...I don't know how much "simpler" to make my case than already is. I'm at the point of submitting (2) pages for my Appellant Brief and say..."I will address the verbal testimony for the record to identify what transpired." This is what it's coming to.


 


Again....I'm getting responses from Superior Ct. "Per Curiam" when I've specifically stated I want their name to address "who" this is. I'm starting to see a conflict with my Judicial Misconduct Complaint and seeing relevance "piss-ant" games here.

I want to know why the Superior Court has denied my Motion for Transcripts (for the Trial Court) to produce the transcripts "on record" for the specific dates ... NOT the dates the Court stated (Dec 2o12 / Apr 2o13) which are already on file. WHY is the Superior Ct. being "difficult" knowing full well I've made my statement very clear and easy.

My last option now....I just contacted the Deputy Atty. General to report the Corruption....do I need to state the very same thing to the Superior Court citing misconduct by the court? If that's the case, I have (2) pieces of paper from court transcripts that identify that....my case should be approved on Appeal just on these (2) pieces of paper identifying Unlawful Corruption of Justice stating "Court Process & Procedures" used to intimidate and unlawfully harass a litigant in representation.



The statements on record are stated against "Due Process" based on Commonwealth (Trial Court) corruption of Justice intentionally falsifying court documents and allowing obstruction of administrative law to allow these (vile) procedures wrongfully corrupt a fair trial by unlawful tampering with criminal cases. (Think this will send the message)?

I thought you said for me to file a Writ of Mandamus for (Trial) Court to produce court transcripts. Superior Ct. referenced: "See Pa.R.A.P. 1911 (appellant's responsibility to secure necessary transcripts).

I paid for court transcripts for my (neighbor's) harassment case...so how did my transcripts get put in the Superior Court File? Who provided the court transcripts to the Superior Ct.? I didn't. Did the Court Reporter file a "free" copy to the DA's office and they forwarded it?


 


Pursuant to Pa.R.A.P. 1o5 (b), the court has discretion to grant extensions for good cause shown stating I've already rec'd (9o) days of additional time to file. Why did Superior Ct. send me another ($25) invoice for (4th) extension of time....because I cited no court transcripts were on file (then). This is beginning to be a very "defiant" Superior Court to flex their authority "just because".

How about walk in to Superior Ct. (Court Clerk) and say I want to report criminal matters based on "discovery" in my documents. See what they do then.

Expert:  Law Educator, Esq. replied 1 year ago.
Every one of your questions is rhetorical above I am afraid. These are all issues that you need to raise in the commonwealth court on appeal I am afraid.

You also need to find out where your other transcripts are by contacting the lower court that was supposed to send them.
Customer: replied 1 year ago.

What do you mean my questions are rhetorical ?
I've raised these issues (stated) in my statement.


Trial Court is trying to (still) force me to pay fees-fines and do probation before my case is even heard. That's Violation of my Due Process Rights.

There's no "case law" i can apply my case to other than Violation of Civil & Constitutional Rights (i.e., calling me a legal terrorist).

According to the Superior Court...they're telling me it's my responsibility to get the court transcript? If that's the case...I paid $650 for my last transcripts for my neighbor's harassment case....how'd the Superior Ct. get a copy of the transcripts if I didn't provide it to them?

Please explain to me why the Superior Ct. is telling me (now) I have to provide (7) copes of Appellant Brief...and (4) copies of reproduced record? Reproduced Record? What record are they referring to?


 


I thought you said for me to (now) file a Writ of Mandamus for (Trial) Court to produce court transcripts. Superior Ct. referenced: "See Pa.R.A.P. 1911 (appellant's responsibility to secure necessary transcripts). Who's responsibility is it to provide the Court Transcript to the Superior Court then? Where's the Pa. R.A.P. for that ?

Expert:  Law Educator, Esq. replied 1 year ago.
I mean to me they are rhetorical, I cannot answer them for you they are questions that have to be answered by the court.

You have to look through westlaw (I am afraid we are not a legal research service) to find some cases that state they cannot charge you these fees and fines while on appeal. That would be needed to convince the court they made a mistake.

I did say for you to go back to the trial courts and see where the transcripts were and if they are refusing to produce them then file your writ of mandamus to force them to produce them. If you are appealing, it is your duty to arrange for and pay for the transcripts needed on your appeal.
Customer: replied 1 year ago.

Here's something interesting:


(1). The Trial Court allowed/authorized an "outside" (co-worker) to unlawfully intimidate and instruct ~my~ witnesses to withhold information from court of law. My subpoenaed witnesses were unlawfully instructed (by a co-worker, not a subpoenaed witness, nor a party to the court proceedings) instructed ~my~ own witnesses "not tell the truth" and "don't admit anything" and "be difficult". This clearly identifies criminal ~obstructing administration of law or other governmental function~. My "Motion for Immediate Dismissal" (filed o6 Nov 2o12, (sent attachment) identifies the Trial Judge allowed my case to be unlawfully corrupted by an outside person to intimidate my witnesses who were instructed witnesses not tell the truth (in court of law). Such criminal conduct identifies the Trial Court showed favoritism/bias toward Commonwealth (and my Supervisor) to gain wrongful conviction based on "obstruction of administrative law" in court proceedings. The Trial Judge nonchalantly gave my "news article" back to me I submitted identifying I was being unlawfully targeted/harassed by my coworkers to send me the news article to engage in unlawful harassment to me because I filed an EEO Complaint against my Supv. ("Stoler"). In my case identifies a co-worker did engage in Violation of Crimes Code:

§ 4953. Retaliation against witness, victim or party.
(a) Offense defined.--A person commits an offense if he harms another by any unlawful act or engages in a course of conduct or repeatedly commits acts which threaten another in retaliation for anything lawfully done in the capacity of witness, victim or a party in a civil matter.
(b) Grading.--The offense is a felony of the third degree if the retaliation is accomplished by any of the means specified in section 4952(b)(1) through (5) (relating to intimidation of
witnesses or victims). Otherwise the offense is a misdemeanor of the second degree. (Dec. 20, 2000, P.L.837, No.117, eff. imd.)

By instructing my Witnesses to not tell the truth, play you can't remember and "remember...don't admit to anything" engaged in harming me by unlawful act engaging in course of conduct which threatens or intimidates my witnesses for lawful engagements I have with my Supervisor in an EEO Complaint (work related, Federal / Civil Grievance (on file)). To instruct any witnesses to intentionally engage in dishonest and deceptive conduct is a criminal offense. It was strictly enforced (by intimidation) if my witnesses spoke out against my Supervisor ("Howdy Doody") for engaging in misconduct or if they spoke about "Howdy Doody's" misconduct in the past (or present) she (because of her position) she promoted fear and unlawful retaliation at work. W.D., is a Union Rep. told my wife (on the phone) when she received her subpoena ... "Howdy Doody" is very vindictive....I don't trust her and she lies over the littlest things. I can't wait to retire and get out of here."

The co-worker obstructed administration of law and gov't function of intimidating MY subpoenaed witnesses. He caused criminal harm to me (unjustified criminal conviction) and engaged in repeated course of criminal conduct engaging in intimidating my witnesses (to give false testimony) to favor "Howdy Doody" is a Senior Management Official at my job.. It is accepted (on Court Record) that "H. Doody" and I are engaged in an EEO (Federal Grievance) Discrimination Complaint as participants in a Labor-Dispute Activity. It is very clear "H. Doody'" has been widely published her reputation became under severe scrutiny when I filed my EEO complaint because nobody had filed a grievance against her for anything (and because she retains a very powerful position) employees feared her. (just like W.D., Union Rep admitting ... "Doody" does all kinds of things based on favoritism and "other things" which I won't go into"). W.D. knows "Doody's" background and was intentionally intimidated to give perjury statements in her testimony to harm me (in my Criminal Trial).

This also is obstruction administrative law and gov't function. (i.e., obstruction of justice). W.D., (Union Rep.) was subpoenaed as an "Expert Witness" because of her Managerial (Union Rep. Duties) representing Labor Laws and defending (me and others) of Disciplinary action by other Managers or Agency matters. Criminal Charges have to be filed against W.D. because of her perjury testimony.

Criminal Charges also have to be filed against "CJ" (Dir. Risk Mgmnt) ("subpoenaed as Expert Witness") for giving false testimony. Doody's No Communication Letter was cc'd to him and he is Dir. of Risk Mgmnt. and on witness stand claimed he didn't know anything about Stoler's Harassment claim against me. Because KP (co-worker and Sr. Official at work) instructed my witnesses to not tell the truth, be difficult and play you can't remember testimony.....it also severely damaged the Credibility for the Commonwealth (Trial Court) but pursued on perjury testimony to gain a wrongful criminal conviction against me based on subpoenaed parties criminal misconduct (perjury) by the witnesses.

This is case law and identified to the Court Transcript record in the Trial Court Case Record. Very simple procedure...the case should've been dismissed (thrown out).
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

First, if it was a co-worker who was threatening another co-worker, you mention no threats which are required for the criminal violation you quote above. It is not a crime for a co-worker to just tell your witness to not testify or not cooperate unless the co-worker accompanied that advise with some threat of physical harm or job retaliation.

It could still be grounds for appeal in that the witness was told to not be truthful and followed that advice and you now have newly discovered evidence not available at the time of the trial that the witness was untruthful because the co-worker told them to not cooperate.
Customer: replied 1 year ago.

Because I live in a small county...the co-worker (not a subpoenaed witness). have emails (and witness to my phone conversation) that my co-worker engaged in giving my witness false testimony playing "I don't remember" when both my witness and I discussed my case (in detail) (2) days before regarding the subpoena. My wife was talking with my witness and she stated to her...."Have him use me as a witness" ... so that was done...and she defied the court in her testimony.

Telling someone to "testify by giving untruthful testimony" is tampering with a Trial and obstructing administration of law.

I didn't have "newly" discovered evidence....the "evidence" was in Court Record (o6 Nov) in the Trial proceedings. It was (intentionally) overlooked. I filed my EEO complaint against my supervisor...and it was told to me she'd never had anyone file a complaint against her. Such a "discrimination" complaint is career damaging and "label" to her professional reputation.

When witnesses are intimidated it's clearly justified that retaliation is imminent (esp. in the job area). My wife stated to me my witness intentionally gave false testimony so she could avoid being targeted by my supervisor of retaliation....since she's been threatened before (at work) identifying work place hostile work atmosphere. She was not honest in her testimony and intentionally gave false testimony (as an expert witness) is perjury.



Furthermore the Asst. D.A. calling me a "legal terrorist" (equivalent to discriminatory Racial Slur) is vile. However what the Court will recognize is I'm not a Legal Terrorist.....I'm rightfully classified as a "Whistleblower" uncovering corruption by the Trial Court.

Expert:  Law Educator, Esq. replied 1 year ago.
While it might be obstruction, it is not the law you quoted above without any threat of physical harm or retaliation against the witness or their family.


You keep saying about intimidation or retaliation, but have yet to say how other than the person was told not to tell the truth or just not cooperated and you live in a small town. So based on only what you are saying it would not be the criminal offense you describe.

IF she committed perjury when testifying under oath then the witness is guilty of that and the co-worker who told her to do so is guilty as an accessory to that perjury for advising her to do so, but they are not guilty of the crime you stated above.

At this point I am going to remind you again, we are now talking about TWO cases back and forth and as I told you before it costs me more money, based on the price offered for this question, to just read one of your lengthy replies than I am making for trying to work with you, yet I continue to do so and please be considerate of that.
Customer: replied 12 months ago.

Ok...so ... Last week, I met with an FBI Agent and filed my complaint for "Corruption of Justice" by the Judge & other parties (DA's Office, Public Defender's Office and State Police. When I explained my story of what happened .... they almost fell over and couldn't believe a Judge actually participated in perjury scheme. According to legal records, the FBI has the power to issue Federal Warrants and Criminal Charges against Judges and the Public Defender's and Dist. Atty's involved in my unethical harassment charges.

Furthermore...the Trial Court has become such arrogant a-holes to me the Trial Court (Clerk of Court) raised his voice at me in demeaning tone when I asked him where the exhibits were for my case. The Superior Court instructed me to mandate them to send the files....the Trial Court Clerk said..."The Superior Court needs to request them." (Cat-mouse game here).


 


I've had enough of their arrogant shenanigans.
Now, the Superior Court (again)....DENIED my "Motion to Reaffirm to uphold my appeal rights within legal procedure" They claim..."To the extent that the Court can discern what relief appellant seeks....the application is denied." What is it they don't get? Why does it seem i'm just getting a scripted response with nobody reading anything? I've spelled it out....I've made it plain and simple.

I'm ready to submit just a statement to the Superior Ct. stating as follows: : "I (Appellant) hereby exercise my full legal Appellant Rights within legal procedure of Due Process I will not be unlawfully harassed or forced to pay any Court Fees, fines, do punishment, probation or Community Service. My Civil & Constitutional Due Process (Appeal) Rights authorize me to exercise my full Due Process of Legal Procedures exempt from Lower Court Punishment until my Appeal's have been exhausted."

I'm fed up filing "Motions" as they put it: "Requesting Relief" when I'm being ignored and my legal rights (continuously violated).



According to the "Certificate of Service" issues to the Trial Court says: "This service satisfies the requirements of PA Rules of Criminal Procedure 576."


Because the Trial Court has been extremely difficult with me, and because I've turned my cases over to FBI.....when it comes to "Certificate of Service".....can I put (the following) citation: (see below):

I hereby Certify that I have officially revoked my communications with the Trial Court. Any Notices filed to Superior Court, I will provide a Copy to FBI and the Trial Ct.will have to request any copies from FBI. Trial Court has engaged in unlawful harassment with personal and slanderous attacks against me and they will contact me directly through FBI channels. (Is something like this legal)? I have to file an In Forma Pauperis ("IFP") because this is causing me more financial hardship and I can't afford the administrative costs to "reproduce" (8) Appellant Briefs and (5) copies of the reproduced ecords that are already in the court record.

I'm just fed up dealing with the bullying and intimidation rude tactics the Trial Court (and Trial Court Clerk's Office) have employed the nastiest vile attitudes....I'm sick of it.



 

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for the update. No you cannot put that in your citation, that does nothing to the court other than inflame them more and it is not proper. If you filed your complaint with the FBI, just let them do their thing.

As far as the superior court denying you, seek to file an interlocutory appeal with the commonwealth court, which is the appeals court.
Customer: replied 12 months ago.

I thought an "IFP" (In Forma Pauperis was confidential to the Court and service wasn't required to Trial Court.

What's the "verbiage" I need to file an Interlocutory Appeal with the Commonwealth Court (i.e., Appeals Ct.)

As you stated....I can't put the (previous) verbiage .... you mentioned "inflame them more" ??? How much more "inflaming" is the Trial Court going to do to me when they're playing games here ?

Expert:  Law Educator, Esq. replied 12 months ago.
If you are seeking waiver of fees from the trial court the IFP has to go to them as well.

The language for the appeal would be that you have been denied your appeal that materially effects your case and that the writ of mandate from the superior court is being ignored and you need the interlocutory appeal to enforce your rights.

While the court may be playing games, you gain nothing by putting that language in there.
Customer: replied 12 months ago.

Back to my statements again.....
I'm filing the "IFP" to the Superior Court and "Certificate of Service" to the Trial Court. Since the Trial Court has been nothing but defiant, flippant and abhorrently nasty with me....I've exercised my legal right to deal with the Superior Court and send Cert. of Service to Trial Court (avoiding the Trial Court's "For Action")



The language for the Interloc. would be like this: (Draft)

~ Motion for Interloc. Appeal ~


I have been unlawfully denied my Appeal Rights that materially effects my case and the Writ of Mandate from from the Superior Court is being ignored. The Interloc. Appeal is necessary to enforce my legal due process rights."

(Do I need to state anything about "Stay of Fees, Fines, Probation, Community Service, Anger Mgmnt.)? I find it rediculuous the Trial Court has totally ignored my Imminent Safety and showed no regard to my life-death matters in the gun complaint. How vile and atrocious my case has been identified the unlawful attacks calling me a legal terrorist equivalent to racial slur because I'm standing up to these bullies in the legal system. I'm just not going to tolerate gross abuse like this.

Expert:  Law Educator, Esq. replied 12 months ago.

Yes, in your interlocutory appeal you would state that the courts have continued to deny your rights which is grounds for an immediate need for them to intervene as it is prejudicing your right to a fair hearing and meaningful due process in the superior court.

 

No offense intended, but on this thread alone I have spent hours with you and you have not left even one positive feedback and as such I have received not a penny for my time. As attorneys, who normally bill about $350 per hour for time, all we have is our time and while we give it here at almost nothing compared to what customers pay for going to an attorney's office, I am afraid that our exchanges are now getting to the point that for $10 or $20 it is costing me to try to help you.

Customer: replied 12 months ago.

Paul...I know you've spent hours on my matter.....Trust me, I haven't forgot you. My funds have been extremely tight and I can't get meaningful employment with all this legal garbage going on. My wife "might" be getting Part Time employment this week but I will make this up to you soon.
Apologise for the delay. Please know that I have always enjoyed your professional review and you will always get posi+ive feedback from me.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you, and again, I was not trying to offend you, but merely let you be aware of the situation.
Customer: replied 12 months ago.

Paul: Rest assured....anything you say to me I never take offense.
We're both on a professional level with one another and I know you felt you had to say it....but believe me....I have you as (#2) on my "To Do" List when I get income.

As I'm sure you know this has been a very nasty situation with the ignorance and incompetence with State Police and railroading me through the Courts for their entertainment. (FYI: My neighbor stated on Court Record many times in the transcripts he firmly believes Brandishing a loaded weapon in the air (2')ft. above my head was safe and said, "Where would you rather I point it (gun)?" Unbelievable...and If State Police don't brandish weapons in the air to impose threat on reckless endangerment .... my neighbor won't either. I can't believe the Judge & DA's Office for prosecuting me for language in the life-death event...yet this says alot for my legal system incompetence they condone people to brandish weapons in the air and obscene language is prosecution....I'm wondering if my (small) County is going to make a law that obscene language is reason for the death penalty. (LoL)

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you very much.

You are as astounded by all of this as I am. As we have discussed at length there really is no legal basis for anything they are doing in your case, but you have to play their game to get the matter through to the appeals court level.
Customer: replied 12 months ago.

As I always remember the old saying: "Oh what a Tangled Web we weave...when we practice to deceive". When my case gets exposed it's going to be a total embarassment to my (small) County Court.
My wife (originally being from this area) told me: People haven't changed here since she left the area (1997). They're stuck in their old ways and it's all about "them" attitude.

In this (small) County Court.....this court system provokes fear and intimidation to mostly blue-collar workers and unemployed. They intimidate them to plead probation (for fine) or go to court and you're found guilty and pay fines. It's great for the Criminal Justice system to extort revenue from the Innocent. The only reason I'm being heavily "pounded" is because I'm (Pro Se) and vigorously pursuing my legal rights and my case is a total embarassment to them because their "plan" to intimidate me didn't work....so then they resorted to slandering me with "Legal Terrorist" equivalent to a racial slur on my Honorable Military Service. Being former Military Police certainaly helps because I'm very stern on enforcing Policy, Procedures & above all...SAFETY for everyone.



Talk later :D

Expert:  Law Educator, Esq. replied 12 months ago.
Trust me I do understand you and your frustration. Fortunately, you have the attitude to continue to pursue what is right and you need to just keep pushing forward.

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