Appeal is not answered, jerks!

[scottinalaska]

So now it is almost 8 months and my well styled appeal with incurable errors ennumerated properly on a ticket of expired license and tags NOT on the license plate(in the glove box) has gone unanswered.
Can I write a notice of nonresponse? Give them 10 days to cure? Does this apply in an appeal? thoughts?
thanks,
scottinalaska

[idknow]

Originally Posted by scottinalaska

So now it is almost 8 months and my well styled appeal with incurable errors ennumerated properly on a ticket of expired license and tags NOT on the license plate(in the glove box) has gone unanswered.
Can I write a notice of nonresponse? Give them 10 days to cure? Does this apply in an appeal? thoughts?
thanks,
scottinalaska

sounds good to me.
sink their "ship"

[Skeptic]

Originally Posted by scottinalaska

So now it is almost 8 months and my well styled appeal with incurable errors ennumerated properly on a ticket of expired license and tags NOT on the license plate(in the glove box) has gone unanswered.
Can I write a notice of nonresponse? Give them 10 days to cure? Does this apply in an appeal? thoughts?
thanks,
scottinalaska

No, you can't, since with all probability your "appeal" was simply thrown away as it is no more than pseudo-legal gibberish. Your "10 day notice" will be ignored and thrown away as more legal gibberish, which it is, and you'll still have to pay the fine.

Sorry.

[Livefire]

The court/prosecutor is still required to answer......even if their response is is that his paperwork is considered to be frivolous! JRB or Shoonra could shed more light on this..... btw Skeptic unless you have read any of scott's pleadings, you cant opine about anything contained therein and really outta courtesy need to keep that hole in yer face you call a mouth shut.

[Judge Roy Bean]

Originally Posted by scottinalaska

So now it is almost 8 months and my well styled appeal with incurable errors ennumerated properly on a ticket of expired license and tags NOT on the license plate(in the glove box) has gone unanswered.
Can I write a notice of nonresponse? Give them 10 days to cure? Does this apply in an appeal? thoughts?
thanks,
scottinalaska

To prevent further searching, can you refresh us with the case and/or link to the original thread?

Normally, if you file an appeal (and in most jurisdictions, pay the fees), there is eventually a hearing date set by the appellate court.

[life_student]

Check your local court rules because there is a set time limit to file a brief.

From the Federal Rules of Appellate Procedure

Rule 31. Serving and Filing Briefs
(a) Time to Serve and File a Brief.

(1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant’s brief is served. The appellant may serve and file a reply brief within 14 days after service of the appellee’s brief but a reply brief must be filed at least 3 days before argument, unless the court, for good cause, allows a later filing.

[scottinalaska]

And JRB, especially, thanks for asking for more info. Your diligence is appreciated. Skeptic, below you will find the "legalgibberish" they might have tossed, but instead of a link, here is the prelim summary:
In January, 2005, I got a ticket for no current DL and tags in glovebox, not on plate on back of truck(the horror of it all!).
In February, 2005, I appear, ask for Magistrate's Oath of Office. She flips out, claiming she has one. I politely say, "No, I have a copy right here from the Personell Office in Palmer where they are kept and the ONLY one is this one from 1987 when you were a clerk. Are you a clerk today?" She recuses herself, I am arrested and jailed 5 minutes down the road for a "still" expired license(coincidence, huh?), and bailed out a couple hours later by a friend. This charge is eventually dropped.
http://www.suijuris.net/forum/succes...t-dismiss.html
So I file my motions and 120 days later get them answered (most denied without merit)and a date set for July, 2005 with a different "judge."
I got to appear and work through my "legalland" questions, given a generous 30 minutes to "have my say", and have the judge continually tell me that we weren't here to discuss the constitution, what constituted standing, conflicts of interest, jurisdiction,etc, and neither was the cop required to know what jurisdiction, law, statutes, were, or even know if I was within the State, etc. And mistakenly, I invited NO one to witness this!
The classic line, for entertainment for all here on the board was when I attempted to crossexamine the cop,
I asked, "Was I within your jurisdiction last January when you ticketed me?"
Cop: "Yes, you were."
Me: Is this a fact or an opinion?
Cop: "It is a fact"
Me: Factually, what is jurisdiction?
Cop to judge: Do I have to answer that question?
Judge: Do you know what jurisdiction is?
Cop: No
Judge: Officer Friendly does not have to answer that question.
And what do you know? He ruled that I was guilty and to pay the maximum amount of 240 dollars.
So I go pay, because that is how I am allowed to appeal these and other gross errors.
I make a well written appeal, attached, I file those in a timely manner and mail it off!
It is now midMarch(8 months) and I have heard nothing.
Skeptic, here are my summary points on the proper Alaska issued form they gave me:

STATEMENT OF POINTS

The reasons for this appeal are:
1. Were my original motions ruled on in a timely or meaningful manner as required by law?
2. May courts adjudicate cases involving no legal rights and no damage?
3. Was effective cross-examination of the witness denied?
4. Was testimony by Judge Schalley entered into the record against Rule 605?
5. Did the alleged plaintiff meet his burden of proof for every element of the alleged crime?

The attached(containing rather humorous transcripted dialogue!) all contain the details of the above points for your use or avoidance of use as the user must "always beware!"
And finally back to the subject. Any chance I can force their hand by ASKING for a response?
scottinalaska

[life_student]

This may seem like a silly question, however I shall ask anyway. Did you file first a Notice of Appeal with the Clerk? In most states, you must first file a Notice of Appeal and then the Appellate Court will write you granting or denying your appeal along with a timeline for each aspect of the appeal. IN that response will be the timeline for when your Appellate Brief is to be filed, the Reply Brief and optionally your last brief. Most states allow 30 days to file a Notice of Appeal and then 35 days to file the actual Appellate Brief.

[scottinalaska]

lifestudent,
Yes, I filed the complete appeal brief, as instructed by the clerk of the court there where my trial was held, to the cop(personally handed to by me) AND to the Clerk at the address she gave me, all by certified mail.
It would be a bummer if there was some secret person known only to lawyers and judges that I was REALLY supposed to file this stuff with. But I suppose that is possible.
thanks for asking.
scott

[life_student]

My apologies for any miscommunication. What I was asking was the initial process before filing the Appeal brief. There's a one page document called a Notice of Appeal that should have been filed first.

Also, did you receive anything from the Appellate Court acknowleding your Appeal?