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Originally Posted by pdaher

Every case has a Plaintiff(s) and a Defendant(s). A movant is someone who is filing a motion that contains information relevant to the case. Motions are documents that ask the court to do something, so a movant is someone who is asking the court to make a decision based on request made in the motion. Motions must be supported by a brief which supports the request made in the motion by referring to the legal Rules and Regulations of the court. A third party is someone who is filing a document in support of the plaintiff or defendant. ie Third-Party Plaintiff or Third Party Defendant who might want to be considered part of the case by the court. If you write a motion, put the case title on it and add your name under your husband's and title yourself movant. I would file a motion for modification of sentence or you could try to file an appeal of the habeas corpus petition decision.

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This is non of my business, but how do you know how to do all these things? I mean you told me from point A to point Z what to do. But thank you for the insight. I will be typing this up for my husband this afternoon, after work.

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Originally Posted by pdaher

Every case has a Plaintiff(s) and a Defendant(s). A movant is someone who is filing a motion that contains information relevant to the case. Motions are documents that ask the court to do something, so a movant is someone who is asking the court to make a decision based on request made in the motion. Motions must be supported by a brief which supports the request made in the motion by referring to the legal Rules and Regulations of the court. A third party is someone who is filing a document in support of the plaintiff or defendant. ie Third-Party Plaintiff or Third Party Defendant who might want to be considered part of the case by the court. If you write a motion, put the case title on it and add your name under your husband's and title yourself movant. I would file a motion for modification of sentence or you could try to file an appeal of the habeas corpus petition decision.

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A person unrelated to a case cannot make a motion - I, for example, could not make a motion in your case. You must have legal standing.

The term movant, more an old English, old English law thing, is not used terribly frequently but it is used in place of "The Plaintiff" or "The Defendant." It is generally avoided in favor of TP/TD because it eliminates the need to keep going back and forth to see who made the motion and who is answering.

I am not certain if OP has legal standing in this matter - she could certainly check with the Court but these are tricky documents and if she is going to get one bite at the apple she had better be 100% certain she is 100% correct and crosses her "t's" and dots her "i's."

I would stick with the pro bono Attorney or someone the Bar Association uses for referrals at a reduced price.

Dangerous ground to be walking if you are not an Attorney and OP does most definitely want to ruin her one and only chance at this but not covering all the bases or being legally insufficient.

Hello again, Moe:

Looks to me like he's a lawyer. We have a few around here. But, those procedures aren't a secret that only lawyers know. They're written in the rules. You too can obtain a copy of the rule book. Since you're going to be filing motions, I would.

You can probably buy it at your local college bookstore. It'll be called "Rules Of Criminal Procedure, for xxx Court". It's a little heavy, but I believe you can get it rather easily.

excon

PS> (edited) I think Judy is right. YOU don't have standing... But, your husband does. Write your motions in HIS name. Send him a copy for signature. YOU can certainly file it for him.

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Originally Posted by excon

Hello again, Moe:

Looks to me like he's a lawyer. We have a few around here. But, those procedures aren't a secret that only lawyers know. They're written in the rules. You too can obtain a copy of the rule book. Since you're going to be filing motions, I would.

You can probably buy it at your local college bookstore. It'll be called "Rules Of Criminal Procedure, for xxx Court". It's a little heavy, but I believe you can get it rather easily.

excon

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Poster may be an Attorney - says 24 years in the legal system and no longer likes/trusts Attorneys - but his/her info has been consistently incorrect, particularly when it comes to real estate.

Purchasing the books and rules is an excellent idea - I also wonder if OP has contacted the ACLU - ? I've seen them jump on these cases, foaming at the mouth to get revenge. It's a thought.

Just a heads up! :D

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Originally Posted by JudyKayTee

A person unrelated to a case cannot make a motion - I, for example, could not make a motion in your case. You must have legal standing.

The term movant, more an old English, old English law thing, is not used terribly frequently but it is used in place of "The Plaintiff" or "The Defendant." It is generally avoided in favor of TP/TD because it eliminates the need to keep going back and forth to see who made the motion and who is answering.

I am not certain if OP has legal standing in this matter - she could certainly check with the Court but these are tricky documents and if she is going to get one bite at the apple she had better be 100% certain she is 100% correct and crosses her "t's" and dots her "i's."

I would stick with the pro bono Attorney or someone the Bar Association uses for referrals at a reduced price.

Dangerous ground to be walking if you are not an Attorney and OP does most definitely want to ruin her one and only chance at this but not covering all the bases or being legally insufficient.

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Thank you girl. I am still waiting for the responses from the pro bono attorneys anyway. But I did the Article 78 for him before. I am just going to copy the old one to the new one and then file it like I did under the Application to proceed as a poor person and waive the court fees. That's how I did it before and will do it that way again.

Wow! You guys have helped me a lot. Thanks!

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Originally Posted by excon

Hello again, Moe:

Looks to me like he's a lawyer. We have a few around here. But, those procedures aren't a secret that only lawyers know. They're written in the rules. You too can obtain a copy of the rule book. Since you're going to be filing motions, I would.

You can probably buy it at your local college bookstore. It'll be called "Rules Of Criminal Procedure, for xxx Court". It's a little heavy, but I believe you can get it rather easily.

excon

PS> (edited) I think Judy is right. YOU don't have standing.... But, your husband does. Write your motions in HIS name. Send him a copy for signature. YOU can certainly file it for him.

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That's what I did before. I went to visit him and they had a notary there. Called us off the visit and had him sign the papers in front of the notary. I mailed them June 16 and he got a response July 12 that the papers were incomplete due to his minutes missing. So I am going to do the same thing. I am going up there on August 8 and they will be mailed August 11. We will probably be on the calendar before Augut 31.

Thanks for looking out as far as the "Rules of Criminal Procedure" I appreciate that. I will be there at the book store looking for that book too. Thanks.

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Originally Posted by Moe7

This is non of my business, but how do you know how to do all these things? I mean you told me from point A to point Z what to do. But thank you for the insight. I will be typing this up for my husband this afternoon, after work.

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I'm a retired employee of the Federal Courts.

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Originally Posted by Moe7

That's what i did before. I went to visit him and they had a notary there. Called us off the visit and had him sign the papers in front of the notary. I mailed them June 16 and he got a response July 12 that the papers were incomplete due to his minutes missing. So I am going to do the same thing. I am going up there on August 8 and they will be mailed August 11. We will probably be on the calendar before Augut 31.

Thanks for looking out as far as the "Rules of Criminal Procedure" I appreciate that. I will be there at the book store looking for that book too. Thanks.

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I am the first person to complain when somebody turns a legal thread personal. Having said that - and bracing myself for the possible criticism -

I am absolutely not joking here - this is a very sincere compliment. First, your husband should be proud. Not only are you standing by, you're doing more than 100%.

Second - I don't know where you work, what you do - but you really should be doing something in an investigative or paraprofessional legal field. You really should. Research is hard work; understanding research is even more difficult; having the guts to pursue something when you're in a "strange land" is - well, amazing!

I advise people all the time to think carefully before the take on a credit card company because they get up to their hips, don't do their own research, question and argue at every turn in the road - and then in the end after all the energy and time - they give it up.

My hat is off - no joke and honestly! It takes a lot to impress me and I truly am impressed.

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Originally Posted by pdaher

I'm a retired employee of the Federal Courts.

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In what capacity? My stepdaughter was a Federal Judge's Clerk in law school and had 100% understanding of all facets of the law (as it pertained to US and Pennsylvania).

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Originally Posted by JudyKayTee

In what capacity? My stepdaughter was a Federal Judge's Clerk in law school and had 100% understanding of all facets of the law (as it pertained to US and Pennsylvania).

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I was an Administrative Assistant in the Clerk's Office for a while, worked as a Clerk for three different Judges and two Magistrate-Judges, was a Resident Deputy in one of the divisional offices, worked at the Administrative Offices in DC, taught classes at the San Antonio Training Center and also worked in Pretrial Services, Probation and the US Attorney's Office.

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Originally Posted by pdaher

I was an Administrative Assistant in the Clerk's Office for a while, worked as a Clerk for three different Judges and two Magistrate-Judges, was a Resident Deputy in one of the divisional offices, worked at the Administrative Offices in DC, taught classes at the San Antonio Training Center and also worked in Pretrial Services, Probation and the US Attorney's Office.

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Wow - I worked a US law enforcement agency for 10 years; also have worked County Pretrial Services.

When I worked enforcement I got transferred all over, that's why I left. Got sick of "have gun, will travel." My best friend is still "in" but she transferred to a desk job some time ago.

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Originally Posted by JudyKayTee

I am the first person to complain when somebody turns a legal thread personal. Having said that - and bracing myself for the possible criticism -

I am absolutely not joking here - this is a very sincere compliment. First, your husband should be proud. Not only are you standing by, you're doing more than 100%.

Second - I don't know where you work, what you do - but you really should be doing something in an investigative or paraprofessional legal field. You really should. Research is hard work; understanding research is even more difficult; having the guts to pursue something when you're in a "strange land" is - well, amazing!

I advise people all the time to think carefully before the take on a credit card company because they get up to their hips, don't do their own research, question and argue at every turn in the road - and then in the end after all the energy and time - they give it up.

My hat is off - no joke and honestly! It takes a lot to impress me and I truly am impressed.

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Well thank you very very much JudyKayTee. I appreciate that. Your compliment just makes me push more. For a little FYI, I work in a law firm. I am a legal secretar for an Arbitration Judge. Nothing to do with criminal. They don't even have that department in the office. Everything I know, I taught myself. The attorney's here do not want to give you any insight. And the paralegals, they help but without the criminal background there is only so much they can do. So I search the website and print out everything and read, read, read. Then when I come into the sites like this one, it is just more knowledge for me to absorb because I love it. It's a high for me to speak and accomplish something to the ones that are higher up. They wouldn't think that I know the law or a person rights. I read the law journal newspapers that come through here. Criminal information intrigues me. But yes, again, I have to thank you on your compliment. I printed what you typed and hung it up at my desk. That just makes me strive more and more to get him home sooner. :) THANK YOU:)

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Originally Posted by Moe7

Well thank you very very much JudyKayTee. I appreciate that. Your compliment just makes me push more. For a little FYI, I work in a law firm. I am a legal secretar for an Arbitration Judge. Nothing to do with criminal. They don't even have that department in the office. Everything I know, I taught myself. The attorney's here do not want to give you any insight. And the paralegals, they help but without the criminal background there is only so much they can do. So I search the website and print out everything and read, read, read. Then when I come into the sites like this one, it is just more knowledge for me to absorb because I love it. It's a high for me to speak and accomplish something to the ones that are higher up. They wouldn't think that I know the law or a person rights. I read the law journal newspapers that come through here. Criminal information intrigues me. But yes, again, I have to thank you on your compliment. I printed what you typed and hung it up at my desk. That just makes me strive more and more to get him home sooner. :) THANK YOU:)

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You just keep pushing - he's a lucky man (and I mean that sincerely).

And it's all just a learning process, learning curve and caring about what you're doing makes all the difference in the World.

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Originally Posted by JudyKayTee

You just keep pushing - he's a lucky man (and I mean that sincerely).

And it's all just a learning process, learning curve and caring about what you're doing makes all the difference in the World.

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Hey, hey hey. You made me sit back during lunch and drop a tear. Don't make me do it again. Not too many people know my capabilities are. I love to learn so to me this is a challenge. I'm loving it. I hope when my husband reads all these typings, he would know what I want through to get him home to me and the kids.

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Originally Posted by Moe7

Hey, hey hey. You made me sit back during lunch and drop a tear. Don't make me do it again. Not too many people know my capabilities are. I love to learn so to me this is a challenge. I'm loving it. I hope when my husband reads all these typings, he would know what I want through to get him home to me and the kids.

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He'll know -