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) ???