Belly of the Beast! pt#3

Ok, today we will be looking at the discovery motion, and Brady request.
This is a separate motion to the motion to dismiss, but part of the package.

Each one of these will have a variation on this theme.
Each case has a different set of facts, so some editing will be necessary.

I'm glad to help with that, just ask.

IN THE DISCTRICT COURT OF THE number JUDICIAL DISTRICT OF THE STATE OF your state here SITTING IN AND FOR whatever_ COUNTY

State of whatever

      Vs

your name here
case number

Request for Discovery and Brady Request

 Comes now ____________ who hereby requests counsel for the alleged plaintiff to provide discovery.
 All my interactions with government employees are under threat, duress and coercion, only to avoid further aggression against me and are not a waiver of jurisdiction.

This is also a Brady request. Alleged defendant requests the following:

1. The names of every witness the prosecution relies upon to prove:
   A. Alleged defendant’s presence within the plaintiff State of Oklahoma;
   B. Alleged defendant’s presence within the county of Oklahoma;
   C. Alleged defendant is subject to the laws of plaintiff State of Oklahoma due solely to geographic location.
   D. The constitution and laws of the plaintiff state apply to the alleged defendant just because alleged defendant is physically in Oklahoma;
   E. A valid cause of action (injury and damage, corpus delecti) has been presented to the court.
   F. Chain of custody of original ticket.
   G. Sufficiency of process.
   H. Alleged defendant’s connection to the name alleged.
2. The names of any witnesses who are experts in the interpretation and application of Oklahoma law the prosecution relies on.
3. Any and all evidence, known to the complaining agent proving alleged defendant was present within the plaintiff State of Oklahoma.
4. Any and all evidence of items alleged to be in alleged defendant’s property, while in custody.
5. Any factual evidence known to the complaining agent proving alleged defendant was within the County of Oklahoma.
6. Any factual evidence alleged defendant is subject to the constitution and laws of the plaintiff State of Oklahoma just because alleged defendant is physically in the State of Oklahoma.
7. Any factual evidence a valid cause of action (legal injury and damage) has been presented to the court.
8. The names of any other witnesses with personal firsthand knowledge the prosecution relies on to support any element of the alleged crime or cause of action against alleged defendant and which elements the witness is specifically relied on to testify to.
9. The deputy’s reports and notes regarding the stop and arrest, including any video/audio recordings of the stop, such as dash/body cam video. This includes true copies of the original complaint written by the deputy submitted to the court, front and back.
10. Video from inside the jail supporting/disputing deputy’s claim of service.
11. Evidence plaintiff has to prove the witnesses relied on have personal, firsthand knowledge of the matter(s) they are to testify to.
12. The names of any witnesses relied on by the prosecution that have been dishonest during investigations and trials and anything relevant to guilt or punishment and is exculpatory or favorable to the defense. This includes, but is not limited to any information regarding the truthfulness, bad character and reputation of any of the prosecution’s witnesses. This includes, but is not limited to all criminal records, contempt citations, incidents of violence and any history of mental illness. This also includes any complaints filed against witnesses who are government employees (I.e., police), whether or not the complaints were investigated or subsequently confirmed.
13. Any material including but not limited to videos, audio recordings, and written reports that may be used to impeach prosecution witnesses.

Submitted this _______ day of ___________ 2019

Signed

Mailing address:

Somewhere in Oklahoma, apparently.

As with all documents, it is very important that you check the local rules for formatting and key elements.

You'd know that if you took the course.

In my county the policy is to not do discovery in traffic tickets.
If that fact proves true in other cases, as shown in my case, then I can commit any traffic offense and beat it with this one document.

I have the right to have the evidence that will be presented against me prior to the hearing.
Most places have a minimum of 10 days, but earlier is better, iyam.

Getting your paperwork in early is just good policy.
However, taking a few days off and coming back with fresh eyes will improve your document, most times.

I have about 15 documents I prepared for this case, but not all of them are ready for prime time, though I filed them anyway.

For instance, I filed a motion to dismiss for insufficient identification.

I contend that their fingerprint machine is an out of court statement used to support the truth of something in court.
For those of you that don't know, that is the definition of hearsay.

Hearsay is testimony that can't be confronted in court.

If Joe says those are my fingerprints, and I can ask Joe about that in court, not hearsay.
If Joe enters data into a machine, and that data is later used to identify me, that is hearsay.
Nobody knows if those are my fingerprints, or not, I can't cross examine a machine, and Joe might be dead.

This is why those stop light cameras are coming down.
Their evidence is hearsay, unless a cop gets on the stand and claims to have pulled the trigger on the camera.
Fyi.

source

Unless you have taken some classes in law, you likely have no idea how things work in court.

You can learn, pretty quick, most of the laws that will apply to your case are but a few paragraphs, likely online.
Interpretations of those few paragraphs only runs a couple more paragraphs.

If you knew how easy lawyering is, you would have to hide your keys from yourself to prevent going downtown and looking for suits in the crosswalks.

A Brady request comes from the Brady case and states that all exculpatory evidence in the da's possession must be presented to you, if you ask for it.

If your cop has been caught lying on the stand, they have to disclose that.
Any conduct of the policeman that reflects on his integrity is fair game, and if in the possesion of the da, must be handed over to you with this request.

If you are gonna resist, you need to know how to control a court.
Pay the money for the class, imo.

And, practice, practice, practice.
It ain't easy getting up and controlling a judge, with his own rulz.