Professional Documents
Culture Documents
STATE OF MICHIGAN
Plaintiff, Case No. 00-69257
HON JAMES R. CHYLINSKI
v
MARK JACKSON
Defendant.
_____________________________________________________________/
Pursuant to MCR 2.119(F), MCR 2.604(A), MCR 6.500 and Rule 34 of the Federal Rules of
Now comes, Defendant, Mark Alan Jackson, to move the court to reconsider the Motion to
Vacate Judgment and Motion to Dismiss Indictment heard on September 24, 2010.
1. On December 6, 2000, the Defendant accepted a Pretrial Settlement Offer [exhibit A].
2. In or about August of 2010, the Defendant filed a Motion to Vacate Judgment and Motion to
Dismiss Indictment, hereafter referred to as the “Motion to Vacate”.
3. On September 24, 2010, the Defendant overheard the Prosecutor, Sunita Doddamani (Bar
#67459) and the Court Clerk discussing the Motion [see exhibit B – DEFENDANT’S
AFFIDAVIT…]
4. On September 24, 2010, at approximately 9 a.m., oral arguments were presented before Judge
Chylinski.
5. On September 24, 2010, Judge Chylinski ordered that the Motion to Vacate be denied on the
basis that “the defendant’s claim lack merit since most were waived upon plea of guilty and the
remaining claims should be addressed by way of formal appeal to The Court of Appeals rather
ARGUMENT/PLEADINGS
ERROR #1 - JURISDICTION
According to the Criminal Procedure Monograph 6:
1
6.8 Motions for Rehearing or Reconsideration
judgment, possesses the authority to reconsider its own previous order or judgment on
the matter. People of the City of Riverview v Walters, 266 Mich App 341, 346-350
of the decision on a motion must be filed and served within 14 days of the entry of the
1
Page 6–8 – Page 6-9 Monograph 6—Pretrial Motions (2006–August 2009)
2
Under MCR 2.604(A), an order is “subject to revision before entry of final judgment.”
“[T]he 14-day time limit on motions for reconsideration contained in MCR 2.119(F)(1)
should not deter a trial court from correcting its interim orders whenever legally
appropriate.” Dean & Longhofer, Michigan Court Rules Practice (4th ed), §2604.2, p
351. No response to the motion may be filed and no oral argument is allowed unless the
court directs otherwise. MCR 2.119(F)(2). The standard for granting or denying
motions for rehearing or reconsideration is set forth in MCR 2.119(F)(3), which states as
follows:
“Generally, and without restricting the discretion of the court, a motion for
the court, either expressly or by reasonable implication, will not be granted. The
moving party must demonstrate a palpable error by which the court and the
parties have been misled and show that a different disposition of the motion must
In People v Turner, 181 Mich App 680, 683 (1989), the Court of Appeals stated that the
motion for reconsideration. Walters, supra at 350-352. Adherence to the palpable error
provision contained in MCR 2.119(F)(3) is not required; rather, the provision offers
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Where a different judge is seated in the circuit court that issued the ruling or order for
which a party seeks reconsideration, the judge reviews the prior court’s factual findings
for clear error. Id. at 352. The fact that the successor judge is reviewing the matter for
the first time does not authorize the judge to conduct a de novo review. Id.
The Court erred in its findings when it entered the order on September 24, 2010 in several
ways. The very first way that the court erred was that it assumed that the duty of the Appellate
Court was to address claims that the Defendant made. In the event that the Appellate Court had
found errors in the record, then it would grant the Defendant’s Motion to Vacate. However, it is
clear that the law urges the Court to correct mistakes that would otherwise “be subject to
correction on appeal.”
If Judge Chylinski truly believed that the Appeals Court could address errors, then the very
same law that gives that Court authority, gives his Court authority to correct the very same
errors. In the alternative, if Judge Chylinski believed that he did not have the authority to
address these issues, then he never would have had the subject matter jurisdiction to address
matters and the case should have been vacated. This Court was given the tools to rule on this
matter and the law to rule on this matter and it erred in its decision to send it to a higher court.
Furthermore, when the prosecutor argued that the Court lacked the Venue to hear the
matter, the prosecution was absolutely right. The Court never had Jurisdiction to hear the
original matter. The Court has a duty to correct this error and it would be malfeasance to do
otherwise.
Remedies available to a defendant who has plead nolo contendere are limited. Appeals are
4
(A) Nature of Motion. The request for relief under this subchapter must be in the form of
a motion to set aside or modify the judgment. The motion must specify all of the grounds
for relief which are available to the defendant and of which the defendant has, or by the
(B) Limitations on Motion. A motion may seek relief from one judgment only. If the
defendant desires to challenge the validity of additional judgments, the defendant must do
so by separate motions. For the purpose of this rule, multiple convictions resulting from
(C) Form of Motion. The motion may not be noticed for hearing, and must be typed or
accordance with MCR 2.114. Except as otherwise ordered by the court, the combined
length of the motion and any memorandum of law in support may not exceed 50 pages
increasing the page limit for the motion, the same order shall indicate that the page limit
for the prosecutor’s response provided for in MCR 6.506(A) is increased by the same
amount. The motion must be substantially in the form approved by the State Court
(2) The name of the court in which the defendant was convicted and the file
(3) The place where the defendant is confined, or, if not confined, the defendant's
current address;
(4) The offenses for which the defendant was convicted and sentenced;
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(5) The date on which the defendant was sentenced;
(6) Whether the defendant was convicted by a jury, by a judge without jury, or on
(7) The sentence imposed (probation, fine, and/or imprisonment), the length of the
sentence imposed, and whether the defendant is now serving that sentence;
(8) The name of the judge who presided at trial and imposed sentence;
(9) The court, title, and file number of any proceeding (including appeals and
completed;
(10) The name of each lawyer who represented the defendant at any time after
arrest, and the stage of the case at which each represented the defendant;
(14) Whether any of the grounds for the relief requested were raised before; if so,
at what stage of the case, and, if not, the reasons they were not raised;
(15) Whether the defendant requests the appointment of counsel, and, if so,
information necessary for the court to determine whether the defendant is entitled
Upon request, the clerk of each court with trial level jurisdiction over felony cases
shall make available blank motion forms without charge to any person desiring to
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(D) Return of Insufficient Motion. If a motion is not submitted on a form approved by the
State Court Administrative Office, or does not substantially comply with the requirements
of these rules, the court shall either direct that it be returned to the defendant with a
statement of the reasons for its return, along with the appropriate form, or adjudicate the
motion under the provisions of these rules. The clerk of the court shall retain a copy of
the motion.
(E) Attachments to Motion. The defendant may attach to the motion any affidavit,
(F) Amendment and Supplementation of Motion. The court may permit the defendant to
previously filed a motion for relief from judgment, after August 1, 1995, one and
only one motion for relief from judgment may be filed with regard to a conviction.
The court shall return without filing any successive motions for relief from
motion.
change in law that occurred after the first motion for relief from judgment or a
claim of new evidence that was not discovered before the first such motion. The
clerk shall refer a successive motion that asserts that one of these exceptions is
applicable to the judge to whom the case is assigned for a determination whether
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Rule 6.503 Filing and Service of Motion
(1) A defendant seeking relief under this subchapter must file a motion, and a
copy of the motion with the clerk of the court in which the defendant was
(2) Upon receipt of a motion, the clerk shall file it under the same number as the
original conviction.
(B) Service. The defendant shall serve a copy of the motion and notice of its filing on the
prosecuting attorney. Unless so ordered by the court as provided in this subchapter, the
filing and service of the motion does not require a response by the prosecutor.
(A) Assignment to Judge. The motion shall be presented to the judge to whom the case
was assigned at the time of the defendant's conviction. If the appropriate judge is not
available, the motion must be assigned to another judge in accordance with the court's
procedure for the reassignment of cases. The chief judge may reassign cases in order to
correct docket control problems arising from the requirements of this rule.
(1) The court shall promptly examine the motion, together with all the files,
The court may request that the prosecutor provide copies of transcripts, briefs, or
other records.
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(2) If it plainly appears from the face of the materials described in subrule(B)(1)
that the defendant is not entitled to relief, the court shall deny the motion without
directing further proceedings. The order must include a concise statement of the
reasons for the denial. The clerk shall serve a copy of the order on the defendant
and the prosecutor. The court may dismiss some requests for relief or grounds for
specified grounds.
(3) If the motion is summarily dismissed under subrule (B)(2), the defendant may
move for reconsideration of the dismissal within 21 days after the clerk serves the
order. The motion must concisely state why the court's decision was based on a
clear error and that a different decision must result from correction of the error.
A motion which merely presents the same matters that were considered by the
(4) If the entire motion is not dismissed under subrule (B)(2), the court shall order
the prosecuting attorney to file a response as provided in MCR 6.506, and shall
(A) Appointment of Counsel. If the defendant has requested appointment of counsel, and
the court has determined that the defendant is indigent, the court may appoint counsel for
the defendant at any time during the proceedings under this subchapter. Counsel must be
appointed if the court directs that oral argument or an evidentiary hearing be held.
(B) Opportunity to Supplement the Motion. If the court appoints counsel to represent the
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defendant, it shall afford counsel 56 days to amend or supplement the motion. The court
may extend the time on a showing that a necessary transcript or record is not available to
counsel.
If the statute directs the Defendant to file with the Court of record, then it is specious logic
to assume that the Court can simply circumvent its responsibilities by sending post-appeal
remedies to an Appellate Court. It simply adds a prejudicial and an undue burden to the
Defense.
defendant’s claim lack merit since most were waived upon plea of guilty and the remaining
claims should be addressed by way of formal appeal to The Court of Appeals rather than by
1. Ineffective counsel
4. Standing argument
8. Delay in arraignment
The settlement reached by the 2 parties on December 6, 2000 [exhibit A] surrendered none
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of these rights. In fact, the rights listed were very deliberately listed. Anything more would be
non-disclosure and constitute fraud upon the Court. Those rights are:
1. The right to a jury trial or trial by the court with the prosecutor’s consent.
2. The right to be presumed innocent unless proven guilty beyond a reasonable doubt.
4. The right to have the Court compel witnesses to come to court and testify for me.
5. The right to testify at my trial. The right to remain silent and not have my silence
6. The right to claim my plea was the result of promises or threats not disclosed to the
None of these surrendered rights are contrary to the issues raised. Not listed among those
rights surrendered, lest the Court forget, was the right to have all evidence presented to the
Defense. Unless the Court has a secret document, no rights were waived raised in the
Defendant’s Motion to Vacate. If the Court does believe that the Defendant has waved his
rights, other than those listed, then the Defendant needs a tool to remedy this error and the
Motion to Vacate should be granted. No prudent person could assume that there was a larger list
of rights waived and no learned man, not even counsel, could guess the nature of such a list. No
ERROR #3 – IMPARTIALITY
Before Judge Chylinski took the bench on the morning of September 24, 2010, the
conversation between counsel and the clerk shed some very disturbing light on practices and
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procedures in the Court House. Counsel had not seen the Defendant’s Motion to Vacate. Now,
while it is certainly understandable that Counsel has a very busy schedule, Counsel didn’t run
forward and ask for a continuance. Counsel didn’t file a last minute response to the Defendant’s
motion. Counsel didn’t have to check case file. Counsel didn’t need to. Ms. Doddamani only
had to look to Judge Chylinski and with a brief statement, forty (40) plus pages of facts, laws and
arguments and ten (10) or more pages of evidence were sent away to the appeals court and the
The Defendant has filed a delayed objection [exhibit D]. While the prosecution does not
have to prove the guilt of the Defense, because of the plea. The prosecution has been challenged.
The question has been raised if that plea was achieved ethically and in good faith. The
If the Judge has read the pleadings and the prosecution has not, conjecture need not be
evident to show who has done the work to dispense of the pleadings. Futhermore, the judge does
not have the tools, the knowledge and the documentation to decide if one side has acted or is
acting unethically. The very thought is contrary to the adversarial system. The Defense cannot
prevail against the Judge and the Prosecutor. Oral arguments become a forgone conclusion.
State Court Rules are fairly consistent from state to state. The rules stem from the
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(a) In General.
Upon the defendant's motion or on its own, the court must arrest judgment if:
(2) the court does not have jurisdiction of the charged offense.
When reading statutes, it is essential to read those statutes in para materia. Without it,
The same argument is made about the United Stated Constitution. An argument is made
that there is no possible way to understand what the forefathers had intended and yet documents
like the Federalist Papers and the Antifederalist Papers testify to something different.
Rule 34 screams intent. The law does not intend that the executive branch have carte
blanche on prosecutions. The authority granted is a very small one. It would be an error and a
miscarriage of justice maintain the restrictions on the Defendant’s liberties with such obvious
fatal errors.
While the Court saw the Oath of Office issued argued in the Motion to Vacate as a minor
one, case law sees it a bit differently. New York and other states have several cases to this
effect, but one case in Texas which spells it out very well,
13
“2After criminal defendant failed to appear in court, the 34th District Court, El Paso
County, Jack Ferguson, J., entered judgment forfeiting $40,000 bail bond. Bail bond
surety appealed. The Court of Appeals initially affirmed, 948 S.W.2d 69. The Court of
Criminal Appeals vacated and remanded for reconsideration. Thereafter, the Court of
Appeals, Larsen, J., held that: (1) senior judge who signed judgment nisi was required, as
appointed official, to take constitutional oath, and (2) because judgment nisi was invalid,
While this issue, at first blush, may appear as a “minor infraction”, it may be something
While Judge Chylinski may remember taking the Oath, there is only one legal way to
A defendant could certainly argue that he was “legally divorced” when he marries a
second bride, but he would be liable to all the pains and penalties of law if that same
preserved in front of such an official. The Defense adamantly believes that this is an error and
cannot be overlooked.
PRAYER
The Defense prays that this Court grants this Motion to Reconsider the Motion to Vacate
and Motion to Dismiss the Indictment. Furthermore, the Defense also asks that this Court not
2
994 S. W. 2d 316 (Tx. App. - El Paso) PRIETO BAIL BONDS v. The STATE of Texas 1999
14
overlook the Prosecutions lack of good faith in its dealings with the same.
WHEREFORE, the defendant moves the Court to Reconsider the Motion to Vacate and Motion
to Dismiss the Indictment, filed by the Defendant, Mark A. Jackson. If the Court denies this
motion, the defendant moves the court to provide findings of fact and conclusions of law why
Respectfully Submitted,
Windham, NH 03087
313-478-8061
marcosagostos@gmail.com
15
Exhibits
All exhibits have been attached to the end of this document and labeled. Some are part of
the original Court Record and some are unclear, but should have been entered into the Court
Record.
B. Affidavit of Mark A. Jackson regarding the events of the morning of September 24,
2010.
16
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STATE OF MICHIGAN
IN THE 36TH DISTRICT COURT
3RD CIRCUIT COURT
CRIMINAL DIVISION
STATE OF MICHIGAN,
Plaintiff,
Case No. 00-69257
HONORABLE JAMES R CHYLINSKI
v
MARK JACKSON
Defendant,
_________________________________________________________/
_________________________________________________________/
Exhibit B
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AFFIDAVIT OF MARK ALAN JACKSON REGARDING THE EVENTS
1. THAT I am competent to declare and affirm the facts set forth herein.
2. THAT I have personal knowledge of the facts set forth herein, unless based upon best
information and belief, which I will so state if applicable, and will testify to their
3. THAT I reside at 129 North Lowell Road, the City of Windham in the Rockingham
4. THAT on the morning of September 24, 2010, I did overhear the prosecutor, Sunita
5. THAT Judge Chylinski’s Court Clerk did ask Ms. Doddamani if she had seen the
6. THAT Ms. Doddamani responded by stating that she had not “seen it, but had heard
about it.”
7. THAT Ms. Doddamani proceeded with the hearing despite not having read the
document.
END OF AFFIDAVIT
19
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE
CRIMINAL DIVISION
STATE OF MICHIGAN
Case Number 00-69257-01
v.
MARK JACKSON
Defendant
----------------------------------------------------~/
ORDER DENYING MOTION TO VACATE JUDGEMENT
At a session of said court
held in the County of Wayne
On September 24,2010
Defendant, MARK JACKSON, pled No Contest to Reckless Discharge of
a Firearm and Felonious Assault on 12-6-2000. An original charge of Felony
Firearm was dismissed per the plea agreement. He was sentenced To 3 years
probation, psychological evaluation and last 6 months Wayne County Jai1. The
last 6 months jail was vacated in 2003.
Now MARK JACKSON has filed a MOTION TO VACATE
JUDGEMENT and a MOTION TO DISMISS INDICTMENT.
After reviewing the basis of the Motion, namely;
-ineffective counsel
-due process violations
-defective Oath of Office by Judges involved
-Standing argument
-Incorrect statute citations
-Police officer trespass at the scene
-cruel and unusual punishment citing conditions at police lockup
-delay in arraignment
-Court's lack of jurisdiction
Exhibit C
IT IS THE OPINION OF THIS COURT THAT the defendants claim lack
merit since most were waived upon plea of20
guilty and the remaining claims
should be addressed by way of formal appeal to The Court of Appeals rather than
by Motion in this Court.
Wherefore, Defendant's MOTION TO VACATE JUDGEMENT is
DENIED.
JAMES R. CHYLINSKI
Circuit Court Judge
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STATE OF MICHIGAN
IN THE 36TH DISTRICT COURT
3RD CIRCUIT COURT
CRIMINAL DIVISION
STATE OF MICHIGAN,
Plaintiff,
Case No. 00-69257
HONORABLE JAMES R CHYLINSKI
v
MARK JACKSON
Defendant,
_________________________________________________________/
_________________________________________________________/
Exhibit D
22
NOTICE OF DEFENDANT’S DELAYED OBJECTION TO
Now comes, Defendant, Mark Alan Jackson, to object to the Prosecutor’s lack of
response to the Defendant’s Motion to Vacate and Motion to Dismiss the Indictment and Judge
FACTS
1. In August of 2010, the Defendant filed a Motion to Vacate and Motion to Dismiss the
Indictment regarding a case from 2001, hereafter referred to as the “Motion”.
2. The Motion alleged lack of subject matter jurisdiction and misconduct by Judge
Chylinski for not having a valid Oath of Office, among other things.
3. On September 24. 2010, the court heard arguments on that Motion.
4. The Prosecution, Sunita Doddamani, failed to file a response to that Motion.
5. Upon entering the court room, the Defendant could hear the prosecutor discussing
the Motion with Judge Chylinski’s Clerk.
6. The Clerk asked if the prosecutor had seen the Motion and the prosecutor
responded by stating, “No, but she had heard about it.”
7. Once the hearing began, Judge Chylinski advised the Defendant that he had read the
Motion.
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8. Instead
of
holding
counsel
to
the
standards
required
by
a
member
of
the
bar,
Judge
Chylinkski chose to argue counsel’s position for them and made no mention of
counsel’s lack of response.
9. Judge Chylinski held to the position that he was a viable Judge and that the alleged
misconduct was an oversight, “at best” on his part.
10. Judge Chylinski advised the Defendant that, “He was talking” and the Defendant was
deprived of his opportunity to object for the record.
11. The Defendant asked Judge Chylinski for Findings of fact and Conclusions of law in
his order.
12. Judge Chylinski responded to the Defendant’s request for Findings of Fact and
Conclusions of law by saying that it would be “sparse”.
13. Judge Chylinski denied the Defendant’s Motion.
ARGUMENT
The Defendant was deprived of his rights of due process and Constitutional protections.
The Motion heard on September 24, 2010 was an effort to reclaim those rights.
The prosecution had a duty to respond to the Motion and had more than a month to make
that response and ask the court for relief. Counsel did not ask for a continuance, but simply
relied on Judge Chylinski to argue their case. All that Judge Chylinski required of counsel was
The Defendant’s Motion alleged that Judge Chylinski was not a Constitutionally viable
official during the time of the original offense. This was addressed at the hearing and the Judge
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was slightly defensive of this issue. Case Law, the State of Michigan Constitution, the
Constitution of the United States and Statues are all conclusive on these points.
A prudent and intelligent person can only assume that the Judge was “forced” to deny the
Defendant’s Motion, not based on law, but rather, based on an effort to cover up his misdeeds.
Therefore, counsel was not required to take any position in the matter. This issue could not
come to light if the Judge wanted to maintain his standing as a member in good standing of the
judiciary.
Whatever the reason for the denial of the Motion, Counsel must be held to a particular
standard. Case Law screams out that a Defendant should not be held to the same standards as
counsel, otherwise the burden would be too great and the whole weight of the system would
come crashing down on his shoulders. To further reinforce that point, the forefathers ensured
that justice should not be denied a defendant because he is not schooled in law. This was never
the intent. In this case, we have the opposite standard; counsel was not even held to the same
standards as the Defendant. How can a man receive justice when he makes the very best
arguments and favoritism prevails? How can a man receive justice when he must make his fight
Judge Chylinski sees criminal Defendants day in and day out. He advises them on the
law and the foolishness of their actions. From time to time, he even exercises compassion on
some of those individuals. With such a high conviction rate, yea, with such a high rate of people
pleading, would he remember what an innocent man looks like? Would he remember what a
criminal looks like who isn’t standing behind the Defendant’s table, but rather behind the
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In Antonin Scalia’s Book, Making Your Case (coauthored by Bryan A. Garner), the
Justice argues that jury arguments should not be made to Judges. The emotional appeals don’t
play well with men and women who pride themselves on having a profound understanding of the
law. The law failed in this case. It failed over and over, again. The law, ironically, has not been
The prosecutor did not read the Defendant’s Motion, although it did make the office
gossip pool. The judge did. The question must be asked, who did the work to dispense of the
PRAYER
The Defense prays that this Court sustain the objections raised in this delayed objection
WHEREFORE, the Defendant moves the Court to sustain the objection and moves for
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VERIFICATION
I, Mark Alan Jackson, do swear and affirm that all statements made herein are true and
Jurat
Signed
and
sworn
before
me
________________________________,
on
this
day,
the
_____
day
of
_________,
2010.
Notary
Signature:
____________________________________
PROOF OF SERVICE
I certify on this date a copy of this motion was served upon the prosecutor by
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