Re: MOTION TO QUASH ARREST-Defective windshield

On Sep 15, 3:34 am, Dane Metcalfe <quackde...@xxxxxxxxx> wrote:
On Sep 15, 3:31 am, Dane Metcalfe <quackde...@xxxxxxxxx> wrote:

MOTION FOR CONTINUANCE FOR DUE PROCESS AND FAIR TRIAL

John C. Ellis, the defendant in the above - numbered cause, here now
before the honorable court by pro se motion and appearance, does now
show the honorable court that I am threatened by potentially looming
federal and state constitutional deprivation of rights afforded me
under the law, so that the court should enter an order setting aside
my non-jury trial date set for October 15th, 2008 and that my MOTION
TO QUASH ARREST AND SUPPRESS EVIDENCE be heard upon it’s merits on
that date in it’s stead.

Only if the court ultimately rules against me in that hearing should
the court then set a date for a non-jury trial.

That is to say that I have a Fifth Amendment right of due process of
law under the United States Constitution to be heard upon the merits.

The court should take judicial notice that the purpose of a Motion to
Quash is to save the expense of a trial. That economy applies to the
state as well as to a defendant.

Should the court now deny this motion, your movant shows that I would
find it necessary to call witnesses and documents by subpoena duces
tecum from the ************** located in Norman, Oklahoma showing
that I was admitted to that unit *****on the date of June 3, 2008, and
that I submitted to chemical tests, and that that testing revealed no
traces of intoxicants at that time.

This evidence will be necessary to my defense if I am forced to
proceed to non-jury trial in this matter, such consequence arising out
of any denial of my Motion to Quash Arrest.

Such action will add costs to this criminal cause.

In addition, should the court deny my timely request now for a date
time and certain to be heard upon the merits of said Motion to Quash,
the state would be burdened by responding to certain Discovery Motions
I would find it necessary to file in addition to the Discovery Motion
now made before the court for said motion hearing.

Judicial economy alone demands that I be afforded due process of law
in this matter.

More importantly, I made a timely request that a date time and
certain be set for hearing on the merits of said motion on the date of
August 6th, 2008 which was apparently overlooked by the Honorable
Judge John David Miller so that circumstances evolved and I found
myself in the position that it became necessary for me to enter my
earlier Motion For Continuance filed with this court on September 8th,
2008.

It is the for the purpose of ensuring that I do not find myself again
in that untenable legal position that I now move the court for relief
from any such unconstitutional deprivation being imposed upon me at a
future date.

I now respectfully remind the court that I have due process of law
rights under the Oklahoma Constitution as well as those afforded under
the United States Constitution, and I stand upon them now.

FURTHERMORE, in addition to my legal claims as established above, I
show the court that if this Motion is denied I will be deprived of my
Sixth Amendment right under the United States Constitution to be
afforded a fair trial as well.

That is to say, right to counsel. The United States Supreme Court and
the Oklahoma Court of Criminal Appeals assure me that I have a Sixth
Amendment right afforded me by the United States Constitution to have
effective legal counsel at each and every stage of the proceedings in
this criminal matter.

I also have a clear Sixth Amendment right to proceed to pro se if I
should so please.

It goes without saying that I have the same right to elect to proceed
pro se in my Motion to Quash hearing and be represented by counsel at
non-jury trial if that Motion be denied.

I stand upon that right to proceed in such manner if I should so
choose. That would mean necessarily that I would need a reasonable
amount of time after a denial of my Motion to Quash to secure legal
counsel. Of course I can not now be assured that the court will grant
that motion, thus this separation of my motion hearing from the
scheduled trial date is warranted in this case so that I not be
deprived of necessary rights afforded me by law.

Wherefore, premises considered, I formally and respectfully request
now that the court enter an order setting aside my October 15th trial
date, and substitute that time for a hearing upon the merits of my
proper Motion to Quash Arrest addressed herein, and any further
proceedings consistent therewith.

Respectfully submitted this ____________ day of September, 2008

___________________
John C. Ellis

.

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