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Marsden Hearing / Case law

Started by Fair_Rulings, May 09, 2007, 07:51:57 PM

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Fair_Rulings

I've had six attorney's now in my false DCFS/Dependency Case in Los Angeles, California.  I recently had a Marsden hearing regarding my last attorney not timely filing subpoenas to have witnesses at my trial or doing anything I requested of him.  The Judge (Department 406) ruled against me and told me I had to either use the attorney, hire my own, or represent myself.  I wouldn't commit to making the decision, so the Judge said fine, then you will represent yourself.

I don't have the money to hire an attorney, I've never fired an attorney in this case before , and I can't represent myself against a corrupt system.  I can file a Writ of Mandamus and plan to do so.

What I would like to know... does anyone know of any SPECIFIC Marsden case law, or case law regarding the appointment of counsel that has or could be used in a Writ or Appeal? I need to show that the Judge erred and I should be allowed appointed counsel.

Please let me know, Thanks.

[email protected]

Don't forget the Washington DC Rally Aug 18, 2007 for those falsely accused.

mistoffolees

>I've had six attorney's now in my false DCFS/Dependency Case
>in Los Angeles, California.  I recently had a Marsden hearing
>regarding my last attorney not timely filing subpoenas to have
>witnesses at my trial or doing anything I requested of him.
>The Judge (Department 406) ruled against me and told me I had
>to either use the attorney, hire my own, or represent myself.
>I wouldn't commit to making the decision, so the Judge said
>fine, then you will represent yourself.
>
>I don't have the money to hire an attorney, I've never fired
>an attorney in this case before , and I can't represent myself
>against a corrupt system.  I can file a Writ of Mandamus and
>plan to do so.
>
>What I would like to know... does anyone know of any SPECIFIC
>Marsden case law, or case law regarding the appointment of
>counsel that has or could be used in a Writ or Appeal? I need
>to show that the Judge erred and I should be allowed appointed
>counsel.
>
>Please let me know, Thanks.
>
>[email protected]
>
>Don't forget the Washington DC Rally Aug 18, 2007 for those
>falsely accused.

Well, if you've been through 6 attorneys and the judge told you again that you don't have a legitimate case against your current attorney, you probably want to take a step back to get someone neutral to look at your case. Maybe there's nothing wrong with the system and you're not being reasonable.

Fair_Rulings

What do you know about Dependency Law, the appointment of counsel, Writs, and Appeals?  Nothing wrong with the system... Wow

williaer

I believe what /mist was trying to get at is- perhpas asking someone neutral to look over the situation might help you to be able to "see the forrest for the trees"....I don't believe it was meant as a personal attack by any means.

mistoffolees

>What do you know about Dependency Law, the appointment of
>counsel, Writs, and Appeals?  Nothing wrong with the system...
>Wow

Did you even read my message? Do you understand what 'maybe' means?

When you've been through 6 attorneys and the court has soundly rejected you at every stage, one or more of the following has occurred:

1.  Yes, there's a chance the system is broke
2.  There's a chance that you've managed to find 6 lousy attorneys
3.  You don't have a case and you're wasting your time
4.  Several other possibilities.

I don't have any idea which of those is true, but I CAN tell that what you're doing is not working. You need to either get an independent review of what's going on or at the very least try something new. Continuing to pound your head against the wall using activities which obviously don't work is a waste of time, effort, and money.

Fair_Rulings

Just a friendly reminder to educate yourself regarding dependency law and the court appointed attorneys before you make comments.  You can do google searches regarding the subject.  Check out such things a Title 4 funding, DCFS wrong doings, Fight CPS, DYFS False Accusations, How Dependency Court works, etc...  I work with people across the United States regarding having their children removed from them and the loss of their parental rights in part because of a system ran by private corporations such as the Los Angeles County Courthouse Corporation where corrupt system rep's sit on the board profiting from the removal of children and the destruction of families across America by receiving title 4 funding.

http://www.dcrally2007.com

American Family Rights

mistoffolees

That's all well and good, but it doesn't change what I wrote. What he's doing isn't working. That means either is case is a poor one or his approach is not working for his particular circumstances. Standing around and yelling "fraud! bias! corruption!" isn't going to change a thing. He needs to change his approach.

Fair_Rulings

Who's standing around yelling?  Re-read the original post, check out FightCPS.com and other sites.  http://www.dcrally2007.com

The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.  (Albert Einstein)

Where would are civil rights be if Martin Luther King, Jr. didn't stand up and say something?

link16

I believe the judge made a sound decision.  You have had six different attorneys, at the taxpayer's expense, and are clearly still unsatisfied.

I am not implying that your cause is in err; Rather I am suggesting that you seek an alternate solution.  For example, have you ever considered getting a job (or second job) to help support your legal en devours? By doing so you would be able to pick your own attorney (which by the way, will probably be about as good as the others that you have dealt with).  

I do not believe that any legal representation will be adequate (in your eyes) until you realize that the system is not against you.  The truth is that the players in the system are extremely busy, lawyers overloaded with cases, judges with dockets coming out their ears, etc.  When someone like yourself pops in, after going through six different attorneys, I don't believe that it is unreasonable for a  judge to ask you to either get your own lawyer or represent yourself.  I think that given your history it may be in your best interest.

-Jeff