Note: This motion and associated papers are as submitted to the Oregon Court of Appeals.

The Brief and Supplemental Brief are also available on line with the record. These is also a page with links to the sections describing events as they occurred.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Hand written entries (signatures) are shown in italics and underlined. Also, the submitted Motion had a typo in the footer using the date of the last Motion (Mar 12, 2007). Doh!


IN THE COURT OF APPEALS OF THE
STATE OF OREGON

The State of Oregon

Plaintiff - Respondent

versus

Brian P. Carr

Defendant - Appellant


Case A132012
Circuit 0923389

Response to Defendant's Opposition to
Motion to Supplement Brief and
Deny further Extensions of Time

The Appellant, Brian P. Carr, requests the following relief:

  1. That the Brief in this case submitted on July 25, 2006 be supplemented to include the Supplemental Brief attached to this motion.
  2. That no other Motions for Extensions of Time (MOET) be granted to the State beyond July 25, 2007 which is one year after the Appellant's Brief was submitted.

As well as such other relief as the court deems reasonable and justified.




Dated:

Location:

June 5, 2007

Portland, OR
Brian P. Carr
Signature of Defendant - Appellant
Brian P. Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556
Plaintiff - Respondent:
Department of Justice
Ref: Case A132012
1162 Court Street NE
Salem, OR 97301
503-378-4402

Mtn to Suplmnt, June 5, 20071 / 4


IN THE COURT OF APPEALS OF THE
STATE OF OREGON

The State of Oregon

Plaintiff - Respondent

versus

Brian P. Carr

Defendant - Appellant


Case A132012
Circuit 0923389

Memorandum of Law
in Support of
Motion to Supplement Brief and Deny further Extensions of Time

  1. The State has submitted four previous MOET on September 12, 2006, February 20. 2007, May 1, 2007, and June 1, 2007. Mr. Carr has submitted two previous Motions in this matter on September 18, 2006 and March 12, 2007. The state did not find anything untoward in Mr. Carr's Motions and did not answer either motion. The court addressed one of the issues raised in those Motions in its Order of May 4, 2007 which granted Mr. Carr's request to supplement the record. It did not address the request to supplement the Brief.

  2. In Mr. Carr's previous Motions he raised the question of validity of Orders for Protection issued in Clark County, Washington in 2006 and 2007 which are signed by Family Court Commissioners and which are of duration greater than 14 days (or 24 days if the statutory requirements of RCW 26.50.070, RCW 26.50.085 and RCW 26.50.123 are met) and in violation of RCW 2.24.040 (3), Ordell v. Gaddis, 99 Wn.2d 409. Only the constitutional Commissioners can issue these Orders (see STATE v. KARAS - 108 Wn. App. 692) and these Commissioners are limited in number.

  3. The Supplemental Brief raises only this one issue and relies on the Orders which supplemented the record in accordance with this court's Order of May 4, 2007.

  4. While Mr. Carr's Brief raises several difficult issues, the State has not stated any justification why it is assigning cases much more recent than Mr. Carr's precedence over his, whether it has any meritorious opposition to raise at all, or when it anticipates that it will actually allocate resources to this matter. It is an abuse of the due process right to appeal to delay an appeal interminably. Simply because an issue is unpleasant or difficult is no reason to allow it to languish unreasonably.


Mtn to Suplmnt, June 5, 20072 / 4



Dated:

Location:

June 5, 2007

Portland, OR
Brian P. Carr
Signature of Defendant - Appellant
Brian P. Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556
Plaintiff - Respondent:
Department of Justice
Ref: Case A132012
1162 Court Street NE
Salem, OR 97301
503-378-4402

Mtn to Suplmnt, June 5, 20073 / 4


IN THE COURT OF APPEALS OF THE
STATE OF OREGON

The State of Oregon

Plaintiff - Respondent

versus

Brian P. Carr

Defendant - Appellant


Case A132012
Circuit 0923389

Affidavit in Support of
Motion to Supplement Brief and Deny further Extensions of Time

I, Brian P. Carr, am the Defendant - Appellant in this matter, have knowledge of the facts of this matter, and make the following statements under oath and penalty of perjury.


  1. On June 5, 2007, true and accurate copies of this motion as well as the associated papers including two copies of the proposed Supplement to Appellant's Brief were served on opposing counsel in an envelope addressed to:

    Department of Justice,
    Ref: Case A132012
    1162 Court Street NE
    Salem, OR 97301-4096

    with first class postage attached which I placed in a U.S.P.S. mail box located at SW 5th Ave and Stark in Portland, OR.


I certify under penalty of perjury under the laws of the state of Oregon that the foregoing is true and correct.

Dated:

Location:

June 5, 2007

Portland, OR
Brian P. Carr
Signature of Defendant - Appellant
Brian P. Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556
Plaintiff - Respondent:
Department of Justice
Ref: Case A132012
1162 Court Street NE
Salem, OR 97301
503-378-4402


Mtn to Suplmnt, June 5, 20074 / 4


This page was last updated on July 2, 2007.