Filing Appeal Under 22 Os 1501a

Summary

Robert is facing a misdemeanor criminal Actual Physical Control case in Oklahoma. He has attempted to file two paupers affidavits, both of which have been denied or ignored. He has also requested legal counsel multiple times but has been ignored. He is currently in the middle of his trial, which has been continued due to the arresting officers inability to attend. He has also faced issues with the arresting officers affidavit, which incorrectly states that he consented to a blood draw. He has tried to secure legal representation but has been unable due to lack of income. He is also dealing with health issues and an impending eviction. He has applied for SSI and disability but was denied and is in the process of reapplying.

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I need help in filing an appeal under * O.S. *(a)
What is the nature of the case you're appealing, ****?
Misdemeanor criminal Actual Physical Control
What is the basis for your appeal, ****?
I've submitted two paupers affidavit to the court, the first a verbal denial the second the judge won't even acknowledge
What is the reason given for the denial of your first pauper's affidavit, ****?
I'm assuming the reason is that $* was posted for bail that I had no knowledge was coming. However I lost my job and meet the criteria
What state are you located in, ****? This will help me provide the most accurate information regarding your appeal process.
Oklahoma
What is the deadline for filing an appeal under * O.S. *(a) in Oklahoma?
I believe 90 days but I'm not sure I'm in the middle of trial still
What is the current status of your trial? In Oklahoma, you generally have 30 days to file an appeal after the final judgment.
Continuance due to the arresting officer not being able to show after being subpoena
What is the date of your next scheduled court appearance?
September *, at *:* p.m.
What is the name and location of the court where your trial is taking place?
Comanche County courthouse Lawton Oklahoma
The Comanche County Courthouse is located at * SW 5th St #*, Lawton, OK *, USA. You can contact them at +* *-*-*.
Contact them for? Nobody will answer any of my questions regarding any issue of my case
Have you tried reaching out to a public defender or legal aid society in your area for assistance with your case?
More than a handful of times, legal aid doesn't aid on criminal cases
What specific assistance are you seeking from legal aid for your criminal case?

General Information:
- Legal aid often provides help with civil cases, not criminal.
- For criminal cases, a public defender is usually appointed.
Ive recommended council every step of the process. Under the implied consent laws it states that there is a right to counsel when blood is drawn from an unconscious person. Which I was still denied council
What was the reason given for denying you counsel during the blood draw process?

General Information:
- In Oklahoma, you have the right to an attorney during critical stages of the criminal process.
They won't answer that. I don't know how procedures go and I'm in the middle of trial waiting for the arresting officer to testify before the state rests. I guess I will have to bring it to the judges attention then. Also the arresting officer reported in his affidavit that I agreed to the blood draw 3 months prior to the offense for a completely separate hospital issue where no charges were even filed
What evidence do you have to dispute the officer's affidavit about your consent to the blood draw?

General Information:
- In Oklahoma, consent for a medical procedure cannot be presumed from past events.
He wrote that in the arresting affidavit report.
What is the date of the incident and the date of the affidavit report?
The date of incident is January *, * and in the affidavit he clearly states November *, * as the date of obtaining my admission of consent
What actions have you taken since discovering this discrepancy in the affidavit report?
I mentioned to the prosecution in court they just ignore me. This is all why I've requested council because I'm not trying to represent myself as I don't know the proper procedures if the law
What is the name of the judge presiding over your case?

General Information:
- In Oklahoma, you can file a complaint against a judge if you believe they have acted unethically.
Judge Zwahnn
What specific actions or behaviors of Judge Zwahnn have led you to consider filing a complaint?
The denial of being fairly represented through our this whole process
What specific instances can you provide where you felt you were not fairly represented?
The second paupers affidavit I submitted to the court clerk where it was notarized also filing a notice of judgment on rent due in excess of $* and a letter from the person signing the bond stating that even though they helped in posting $* for my release they are unable to help any further in case
What was the response of the court to your second pauper's affidavit and the notice of judgment on rent due?
There has not been. The first day of trial was September *, I first stated for the record I am still requesting council and when closing that day I once again requested council. She did not even pay me no mind
What was the judge's response when you requested counsel during the trial?
She just turned her head and looked at the district attorney
What actions have you taken since the judge ignored your request for counsel?

General Information:
- In Oklahoma, you have the right to an attorney. If you can't afford one, the court must appoint a public defender.
I don't know what else I've contacted several outlets only to get sent over here and there. I realize that if bond is posted they want you to provide your own attorney but the basis in deciding indigenes should not be based on bail alone
What steps have you taken to secure legal representation since your bond was posted?

General Information:
- In Oklahoma, inability to afford an attorney should not prevent you from receiving legal representation.
I've met with and discussed my needing an attorney with maybe ten attorneys. Unable to come to an agreement with either and documenting it for the court that was submitted in both paupers affidavit forms I filed with the court. I only kept a copy of the second one. The first I delivered to the judges chambers and was verbally denied without review the second through the court clerk's office with my attachments being noted in my records
What was the reason given by the attorneys for not being able to come to an agreement with you?
I had no source of income to guarantee payment. I haven't paid this months rent and a call yesterday said that evictions will be filed on Tuesday
What steps have you taken to address your impending eviction?
I'm addressing that in accordance with this issue. I've filed for SSI and disability as I was to have surgery this year on my shoulder. However my bloodsuger has skyrocketed two months ago trying to work in this heat. I've went from a type * diabetic controlling my blood sugar and an A1C of * to insulin * times a day and waking with over * blood sugars and still out of control.
What steps have you taken to manage your health issues while dealing with these legal matters?
I've cut out sugars, sodas and have stocked to what I know has helped in the past in way of diet. With the insulin I've showed minimal progress and am seeking out the doctor after this discussion
What is the status of your SSI and disability application?
I'm in the infancy stages although I filed months ago May * was the date of denial in which I had 60 days to appeal. I missed the appeal and had to file another application couple of weeks ago
What was the reason for the denial of your SSI and disability application?
This Oklahoma the number state in the nation for denying applicants. They just wrote me without seeing me saying I didn't meet there criteria
What criteria did they mention in the denial letter for your SSI and disability application?
Just that my issues didn't fall within there guidelines.
What are the specific guidelines they mentioned in the denial letter for your SSI and disability application?
The way I may have worded my issues s all I am able to recollect at the moment even though I'm sure my medical records of the last fifteen years will show some definite issues, car accident nearly losing my left arm with surgery on its elbow and shoulder, with reinjury. Currently surgery is need on my right shoulder for which I've had several cortisone shots over the years leading to build up of scar tissue, MRI still available, neuropathy in my right foot now daily issue as well as my feet and joints from ankles knees and shoulder
What steps have you taken to appeal the denial of your SSI and disability application?
I've had to start a whole new application and had my phone interview with Social security office in the previous week
What was the outcome of your phone interview with the Social Security office?
Just what or how do I file my appeal. And do I have good reason to
What is the nature of the case you're appealing? This will help me provide more specific information.
I just shared all the info with you in this discussion
What is the specific decision you're appealing against? This will help me guide you better.
Never mind
I understand. If you change your mind and need assistance with the appeal process or any other legal matter, feel free to reach out.