No. ______________

SUPREME COURT OF THE STATE OF WASHINGTON

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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF PIERCE

No. 06- 1-02287-6

(RALJ APPEAL OF:)

No. 5YCOO1O21

IN THE DISTRICT COURT OF THE STATE OF WASHINGTON

COUNTY OF PIERCE

STATE OF WASHINGTON COUNTY OF PIERCE, Respondent

Paul W. Hiatt, Petitioner

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MOTION FOR DISCRETIONARY REVIEW

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Paul W. Hiatt, Petitioner

 

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CERTIFICATE OF SERVICE

I, Paul W. Hiatt, hereby certify that a true and complete copy of this pleading was served in person upon the office of the Pierce County Prosecutor, 930 Tacoma Avenue South Tacoma WA, this date: January _____, 2008.

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  1. IDENTITY OF PETITIONER
  2. Paul Hiatt asks this court to accept review of the parts of the decisions designated in Part B of this motion.

  3. DECISION

Petitioner respectfully requests review of those decisions of the District Court of Pierce County entered April 25, 2006, charging Petitioner with two counts of contempt contrary to statute and law; (with that portion of the Order of the Superior Court On RALJ Appeal upholding those two counts of contempt, and the decision of the Court of Appeals Division II denying review); denying Petitionerís timely request for findings of fact and conclusions of law prior to summary arrest contrary to statute; denying mitigation hearing prior to summary arrest contrary to statute; denying "all right of appeal" contrary to protected rights under the state and federal constitutions, applicable procedural law and statute; and the denial of the right to advisement of the right to counsel and the right to counsel prior to arrest contrary to the state and federal constitutions; and of the ex parte decision of the District Court of Pierce County entered April 25, 2006 after the arrest of Petitioner on the subject contempt charges, setting bail for a misdemeanor at $100,000.00; and the interlocutory orders of the court entered that date requiring as "study" of his property, used to unlawfully encumber Petitionerís property to the present in prohibited punishments for a misdemeanor not authorized by the legislature and to enter a false and fraudulent Report into the record, said acts intended to coerce waiver of protected rights under the state and federal constitutions, which have operated to Petitionerís continuing prejudice and loss of the exercise of protected rights.

Petitioner further requests review of the actions and decisions of the District Court of Pierce County entered May 15, 2006, in unlawful/untimely after the fact "mitigation hearing" over timely objection, in the attempt to cover the prior abuses and summary arrest absent due process requirements; the decision of the court that date to deny Petitionerís Motion To Set Aside Contempt Charges and For Immediate Release; the denial of Petitionerís timely objection in request to enter upon the record specific objection to direct misrepresentations of facts prior to entry of Findings and Conclusions; and the denial of Petitionerís motion that date to reduce bail pending appeal of the contempt charges; together with the failure and refusal of the court that date and subsequently to enter the Order of Indigency provided after that court assigned counsel for appeal appealed by Notice with the contempt; with the decision of the court that date to deny counsel for appeal of the interlocutory orders of the court of April 25, 2006, which ultimately operated to deny Petitioner timely review on that appeal of the issues presented in his brief.

Petitioner further requests review of the acts and decisions of the District Court of Pierce County June 26, 2006, when that court covertly and absent all notice or hearing, in the attempt to usurp the order of the Superior Court, added a yet second $100,000 bail for a misdemeanor charge in the Docket computer immediately upon learning Petitioner had been ordered released on reduced bail pending appeal of the contempt, for District Court abuse of discretion, by the Superior Court, delaying Petitionerís release from incarceration.

Petitioner requests review of that portion of the Pierce County Superior Court Order on RALJ Appeal RE: Contempt Matters, entered November 6, 2006, upholding the subject two counts of contempt, with the acts of the Superior Court that date refusing hearing on the additional issues including the interlocutory orders of the District Court brought by Petitioner in hybrid appeal; with the ineffective and prejudicial assistance of counsel in that matter.

Petitioner further requests review of the decisions of the District Court of Pierce County upon entering the remanded order of Superior Court vacating three counts of contempt and reducing the jail time per remaining count of contempt as incorrect and excessive as a matter of law; in the District Court Order of that date converting Petitionerís excess time served of 30 days in jail, over Petitionerís timely objection and absent authorization of law, to payment of Petitionerís $1,000 in contempt fine and $1,000 in misdemeanor fine, as deliberately and unlawfully violative of Petitionerís right to credit for time served in the event sentence is ultimately enforced for the misdemeanor conviction.