Name of State
Plaintiff Plaintiff Attorney Defendant Defendant Attorney Case Number
Title of Motion
Put your Jurisdiction statement in here. Below is an example of what I have submitted as a jurisdiction statement. You should consult your statutes, and rules of court for your particular jurisdiction. WARNING Jurisdiction can be a problem if the courts do not want to grant it. This particular portion is important to getting your cause heard.
Comes Now Defendant/Appellant, Lee Allen Martin, and requests of this honorable Court that the sentence imposed on August 19, 1996 be stayed.
The following text boxes are all facts, Judges will only rely on the facts and the character of the defendant as well as the probablity to flee when determining weather to grant a stay. You must have further legal proceedings going that make the decision of the court not final. All 6 of the following boxes are provided for your facts.
Defendant/Appellant notes that on June 14, 1996 defendant/appellant was convicted of the charges of driving while revoked and possession of paraphernalia, both class A misdemeanors, and sentenced to two one-year sentences to run concurrently.
Defendant/appellant filed timely motion for new trial and was denied on 8-19-96 to which he filed notice of appeal to the Court of Appeals, Southern District and said Court affirmed said trial court decision on 2-9-98.
Defendant/appellant did file application for transfer to the Supreme Court of the State of Missouri and said application was accepted and is now before the Supreme Court of the State of Missouri.
It should be noted that defendant/appellant did produce $500.00 cash bond in this case and remained free on said bond. This bond has never been returned. The appellant has followed all instructions of the Courts of the State of Missouri; has appeared at every hearing, trial, and for oral argument before the Court of Appeals of the State of Missouri.
The defendant/appellant is also a candidate for Circuit Court Clerk for Howell County for the election year 1998.
The defendant/appellant has not shown a propensity to avoid the judgment of the Courts of the State of Missouri, only that said judgments are not in conformance with the statutes or the constitution of the State of Missouri or of the constitution of the United States of America.
Here is the prayer for relief, tell the court what you want. You may not think it but the court did make compromises with me on this motion.
Therefore, the defendant/appellant must request, pursuant to Rule 33.01 of the Missouri Supreme Court Rules, that he be freed on the established bond until the Supreme Court makes a decision.
Respectfully Submitted,
I hereby certify this pleading was served upon all attorneys of record for each of the parties to this action and All parties not represented by counsel, in the following manner: ___ By delivering a copy to him/her; ___ By leaving a copy at his/her office with the clerk; ___ By leaving a copy at his/her office with an attorney associated with him/her; ___ By mailing a copy to him/her, as prescribed by law; ___ By faxing a copy to him/her.
The foregoing pleading will be called for hearing before the court on at 1 pm or as soon thereafter as petitioner may be heard.
So noticed: _______________________________
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