2007-03-14 - 2:51 a.m.

I realize that even if I had permission of my friend who wrote the spoof article I can't scan it here a it was superimposed over some REAL published material!

Oh well... can't share that here!

I am really thrilled with my class. I can't believe however that I am awake at this hour as I have to go to sleep to be alert for class tommorrow.

I have had boughts of insomnia lately. For a long time I was just USED to the night schedule and maintained it a few nights a week to get things done.

But at this point I think it is bona fide insomnia due to stress and resulting in hyperfocus of working on things and contuinuing on task way too late into the night!

The fact that a CROSS CLAIM Was in my assessment filed in a sneaky manner without a HEADING of CROSS BILL on the FIRST PAGE but rather kind of like one of those riders to a contract you might not catch if you don't read carefully... the heading of CROSS BILL or CROSS CLAIM was LATER in the document, after the ANSWER. So the cover page said ANSWER. Sneaky if you ask me.

That combined with the fact I WAS NEVER FURNISHED A COPY OF IT

I had to go to the court to read it.

That and the fact that my attorney then waited A FULL 21 DAYS BEFORE HER HEARING ON THE MOTION FOR HER WITHDRAWAL OF COUNSEL makes me just worry a bit.

THE Cross BIll for Divorce was apparently HANDED to her on Feb 8th (in the court I believe) That was the SAME day as a hearing (on whatever.. I forget now OH YEAH so called PENDETE LITE...)
So I never was given a copy. She said something that day in court about him having filed something but how she had just gotten a copy and didn't have time to read it yet. Great. So I dismiss her the next day and it takes her a full three weeks before we are before a court to remove her as counsel.

So in those intervening three weeks, procedurally anything I do is not procedurally accepted.

But AFTER THOSE THREE WEEKS it is BEYOND the 21 DAY WINDOW in which one has to file a RESPONSE TO A PLEADING.

I was HOPING it just might have been 30 days to respond. I hadn't even time to look the damn law up. I just delt with the hearing to dismiss my counsel, and then I moved on to the next step ASAP.

I filed my responsive pleadings on the first opportunity. It WAS WITHIN 30 days.

I FILED THE TRANSCRIPT of the COURT HEARING OF JAN 10 with the trial court on MARCH 12. I filed NOTICE of its filing on MARCH 9 (60 days from date of JUDGEMENT of decision of the trial court is when the TRANSCRIPT must be filed in the trial court in order to PERFECT AN APPEAL TO THE VA COURT OF APPEALS.)

I picked up the transcript on Fri the 9th of MArch- on the 60th day after the judgement. I noted the signature of the court reporter WAS NOT NOTORIZED and that the TWO COPIES I HAD JUST PURCHASED WERE NOT CERTIFIED COPIES.

I believed they would not meet the best evidence requirements of the court.

So I went back on MON and got a letter indicating due to the death of her parents...

(goodness that's the narcoleptic falling asleep right into a dream state that just happened to me. I was dreaming about someone missing school. There was a disabled man on the bus today talking about how he misses his Dad who died last year at this time. He said he had missed work the whole week after his Dad died last year. Thus the dream..)

ANYWAY... I got a letter from the court reporting agency indicating that as they have a liscensed court reporter they have no duty to give a cerfified copy. They said there is no need for the court reporters signature to be notorized.

So I filed my motion for leave to accept late filing along with the explaination of why the BEST EVIDENCE rule had been as I filed the BEST EVIDENTIARY COPY OF THE TRANSCRIPT THAT I could get a hold of in order to try to perfect an appeal to the VA COURT OF APPEALS.

I also filed $5.00 to correct paying theoff games.

OK FALLING ASLEEP and that's a hilarious subconsious dream writing of "Paying off games".. hmmmm

I meant to write that I paid $5 to correct having paid the INCORRECT FEE of $20.00 at the prompting of a court clerk as I was told the amount required was $20.00 when it in actuality is $25.00.

So I am a bit nervous regarding all these filings having been honored.

This Friday I also answered the CROSS BILL and think I did OK. I rushed to finish and file so the end of it was a bit choppy, forceful, unprofessional and aggressive like in the infamous evil ALL CAPS being included that I am in the BAD HABIT OF!! I wrote something off the cuff and then asked to ACCEPT the RESPONSE TO THE Pleading for separate maintenance on his part ALSO AS A RESPONSE TO THE CROSS BILL, and I asked the court to consider that to be ACKNOWLEDGED AS TIMELY FILED.

So maybe my last minute pinch hitting hit a homerun.

But it might be a foul, out of bounds and not count- no matter how strong and how high I fielded the ball.

TIME WILL TELL.

AND THEN THERE IS ALWAYS 21 DAYS TO REALLY FILE AN INEFFECTIVE COUNSEL ACTION

ALTHOUGH I MADE A PROMISE

AND I HONOR MY PROMISES

SO I HAVE NO INTENTION OF DOING THAT

I THINK IT UNNECESSARY, COUNTERPRODUCTIVE, AND VINDICTIVE

ANd make no mistake-- this is VERY consistent with my character which I think it will be hard for anyone to malign.

It's not my place to judge others.

It's not my place to seek punishment.

It is MY RIGHT to not accept ill treatment and abuse.

So I will not receive ineffective counsel. Just like I and the girls and my older children will not be abused anymore.

BECAUSE THERE IS ALSO ANOTHER COURT IN VA, THE SUPREME COURT.

And I for one think there are a number of legal issues here which are in fact RIPE.

One being, the legal question of whether a client MUST file a claim of ineffective counsel in order to have a case challenged on the constitutional grounds of (WHAT THE HELL IS THAT CALLED.... REASON FOR BAR FAILURE I GET THE IDEA BUT THE JARGON SLOW IN COMING.... OH YEAH... DUE PROCESS)

FAILURE OF DUE PROCESS

I think this is a GREAT CASE WHERE STRICT COMPLINANCE WITH STATE PROCEDURE COULD RESULT IN A HORRIBLE FAILURE OF CONSTITUTIONAL DUE PROCESS

THAT I BELIEVE IS A WONDERFUL LEGAL QUESTION THAT THE SUPREME COURT PERHAPS WOULD BE INTERESTED IN.

I SEE THE FOREST BEYOND THE TREES

I ALWAYS HAVE
EVEN IF I DIDN'T KNOW THE NAMES OF EACH TREE. I Still think that my attorny indeed is a capable attorney. I think she made a few mistakes. I think that WITH A NORMAL person, those things she did would have been FINE so she likely gave me a reasonable standard of care BASED ON THE REASONABLE MAN STANDARD which is what attorneys are prepared for. MY HUSBAND IS NOT A REASONABLE MAN. Plain and simple. I think my attorney was not prepared for the vigor and spite with which he would attack. I think she is an outstanding OFFENSIVE PLAYER, but not quite as strong on the DEFENSE. She didn't field all the hits they gave.... but I still don't think that makes her any less than A BETTER THAN AVERAGE, PERHAPS EVEN OUTSTANDING ATTORNEY, WHO IS NOT PERFECT!! Similar to how WESTELY IS AN OUTSTANDING PARENT, UNTIL HE BECOMES ABUSIVE For me to have to ATTACK someone in my own defense is not a logical thing. That premise of the legal system that UNLESS YOU ARE WILLING TO ATTACK SOMEONE YOU CAN NOT GET RELIEF REALLY SHOULD ITSELF BE CONSTITUTIONALLY CHALLANGED. IF ONE CAN NOT CLAIM FAILURE OF DUE PROCESS WITHOUT CLAIMING INEFECTIVE COUNSEL THAT PRECLUDES THOSE WHO HAVE ETHICS THAT THEY NOT ATTACK OTHERS, SUCH AS QUAKERS, from ever raising that issue. /p>

Regarding the matter of the Action for Unlawful Detainer: MOnday was the hearing to SCHEDULE the matter. THe judge ruled that he was not going to schedule it until AFTER the case on April 11 of arguing the nuptial.

I think that was good news.
Except I had requested a three day trial by jury, which in fact I think would have been BETTER news for me. I think a TRIAL BY JURY would in fact be the best thing that could happen in this case for the children and I. I highly doubt that a whole jury would be convinced of anything other than the actual abuse that occurred, and that indeed coersion and duress and violence are not to be encouraged in society by demonstrating they are effective ways of getting people to sign agreements you want them to sign. A jury would undoubtedly recognize that this is and has been our family home, and that there is nothing unlawful about me being here with the children. The only unlawful things that have occurred here have been assault and battery by the hands of Westley.

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