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otion
Trevino V W 2d 75

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Pagc Ol J
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Plaintiff
Case: REV2011-
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Reno MunicIpal Court Case
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Coughlin, Defendant
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.. , for Reconsideration, Motion to Vacate or Set Aside (under Rule `V and or 60) Orde
Denying Right to Counsel, Motion to Dismiss
Stte 555 S
Fo rmerly 110k641 2(4), 110k641
.
2
Tex.Crim App.,1977
Criminal defendants In misdmeanor cases are entitled to counsel if tere exist a pssibility that Imprisonment may be
Impsed
Judge Gardner refused to tell t undersigned the last nmes of the four attorneys who might be appointed counsel. Accused
has a right to know that, It important to check qualifications and exprience. Further, Judge Gardner touted their abilities by
mentioning some, or aU, of them were former prosecutors The NFL doesn' hire to many ofensive coordinators to coach
defense I fel the same about criminal defense
The arrest did not occur in the presence of the police ofcer. There
was no consent to search. Ofcer made statements conditioning
whether arrest would be made upon whether consent to search was
given, there are other imprmissible act but I am not going to get
into unless absolutely necessary. APPOINTMENT OF AN ATORNEY
FOR DEFENDANT [IF CRIME
CHARGED CARRIES A POSSIBLE JAIL SENTENCE]
N
OTE:
te Court Intends t suspend the sentence.
EERINA TION OF ELIGIBILfD
Any defendant charged with a publk offense who IS an indigent may, by oral statement to the district judge,
Justice of the peace, municipal judge or master, request the appointment of an attorey to represent him.
HR 171.188.
means of employing an attorney; and (b) facts h some partiularIty, definiteness and certaint concerning
the defendant's financial disability."
whether the defendant Is eligible and whether counsel should be appointed.
I addition to the requirements set forh in
specific definition of indlgency in i Administrative Docket 411 Order of January 4, 20, whICh can b found
Scion I CRIMINAL Chapter 4 MISDEMEANORS
4-6
at http://www.nevadaJudiclary.us/index. php/vlwdoumentsandforms/func-startdownj70/ ] and I commonl
referred to as the Indigent Defense Order. The definition is a follows'
A prson will be deemed 'Indient' who is unable, without substantl<i hardship t himself or
hiS dependents, to obtain Competent, quaUfied leal counsel on his or her own. 'Substantial
hardship' I presumptively determined to include all defendants who receive public assitance,
such as Food Stamps, Temporary Assistance for needy Families, Medicaid, Disability
tsurance, rde In public housing, or eam lss than 200 percent of t he Fedefa! Pover
Guldehnes. A defendant Is presumed to have a substantlal l1ardshlp If he or she IS currently
selVlIlg a sentence in a correctional InstitutIOn or housed In a mental health faCility.
Defendants not faIling below the presumptIVe threshol Will be subjected to a more rigorous
screening proess to determine If their particular circumtances, including serusness of
charges being f<ced, monthly expenses, and lcal private counsel rates, would result In a
substantial hardship were they to seek to ret?Hn pnvate counsel.
Te CUfr\fit federal j'er guidelines are reflected ill the table below:
httnd/writer mho com/editor im
111112011
Further have just been evicted my as such my abilitv to defend mvsef and prepare on
2011 severly compromised wrk undue hardship me. especially
these charges. innocent. impact my reputation jb pro$pect.
2. 2011

IayZ D
The current feeral poverty gUidelines are reflectd in the table below'
2009 POVERT GUIDELINES FOR THE
4 CONTIGUOUS STATES AND THE
DISTRICT OF COlUMBIA
Persons in family Poverty gUideline
1 . .",,,,, , "".".,,"'"'' ........ 110,8 30
2.. ............. "" ..... ... ........... 14 ,570
3 ....... 18,310
4 =.= ...... ... .. " ......... .......... ......... 22,050
5 ....... ""." .. ......... .............. .... 25, 790
6,,,,, .......... " ..... " .... ...... . = 29g530
7 .... .. ..... ,,,,, ...................... 33,270
8 .. ............ """" ............ ......... ,,,. 37,010
For families with more than 8 persons, add
$3, 7'0 for each additional person.
I from home
for a Trial
November 14th has been and wuld an
on to the
extent for which I am 1uid
and
I do probably make uner $10,80, depding upn from when to when Its measure. I am indigent, have barely any money to my
name.
DISQUALIFICAnON
The publI fender must appointe u"less dlsq\hfled.
diqualified t represent more than one co-defendant and he may be disqualifed for other reasons, but such
conflit of interest or diuahfication must be brought to the attentin of the court before a private counsel
may be appointed by the court. Te court must state the reasons forthe disqualification on the record.
1.115.
those fees IS set forth In
Rule 6: Continuances
W continuance shall be granted, Includmg a stiplated continuance, except for good cause. A motion or stipUlation for
continuance must state the reason therefore and whether or not any continuance has prevIo usly been sought or granted.
I have not sought a contmuance for any other hearing in this matter, and further, I may have had a right to counsel at the
arraignment which was not met. Additionally, the bailiff at the arraignment was threatening, retaliatory, and hostile when I
asked about my right to counsel and t .ideo 1e Judge made of himsel advising liigant 01 their rights was somewhat
frrghtening and coerCIVe In that it baSically said "it is never a good Idea to represent yourselr'. This is unjust, espcially In the
context of this Court's Order denying my right to have counsel appointed where jail time i a possibilit.regardless of how the
court intends to treat the matter, statutonly, on papr, its a possibitity The police shouldn't arrest so many people baselessly,
and shouldn't resort to Wegal, coercive and unjust tactics, espeCially i the tx base does not aHow the court to uphold the
procedural and subtantive protections required by the laws or our land. Cut corners somewhere else.
Pot-request quesllonmg or mterrogatJOn,
Int;rrogation by pollee afer assertIon of nght to counsel at araignment or similar proceeding,
watver, see
625,89 LEd 2d 631
Invocation of right, mutenes at preilminary hearing, court-ordered appointment of
counsel, subsequent intet'ogation, see
2079. 173 L Ed 2d 955
Invocatlon of rghl to coull.'el, subse(juent polIce-initIated conversaton, impeachment,
'"
293
Post-request reponses to frher mterrogation, clarity of inital request for counsel, see
Smtih v. Ilhnois. 1 S 111.1914. 105 S CI 490, 469 U.S. 91, 83 L Ed.2d 488
I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and
correct.
Dated November
11/1/2011
httnS-//writer zoho com/editor im
121 Ri r ock St.
Rtno. 895m
Y3gc D\

753388118
Z9hCoughlin@hotllil.com
Plel e do not elil me. or attem
p
t "hou!e rules" pboe notice. pbone situation is in fux due to Casey Baker, Eq.'s an!ics. The court may email me,
Clsy Baker, Esq. Dily not serve me anything vil email.
LIt!ed in Nol
httnS"i/wtiter zoho com/editor im JZJJ