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  • Thomas Galletly
    I have been fighting a coerced guilty plea for 2 ½ years and have finally won my rule 32 proceedings. Now that everything is back to ground zero, I have some
    Message 1 of 5 , Jun 1, 2006

      I have been fighting a coerced guilty plea for 2 ½ years and have finally won my rule 32 proceedings. Now that everything is back to ground zero, I have some questions, hoping that I will not be led astray again. In the 3 years that this has been ongoing, the state had not released any discovery on one of the charges, even after ordered to do so by the court. I was assigned a PD and when I went in to see him I took in a motion to sanction the state for the denial of discovery under ARCP 15(7) 1&2 which blocks further evidence and dismisses the charges due to failure to disclose. The PD refused to file it, and when I asked him about the return of the fees I have been paying in for probation and undocumented restitution for the last 2 ½ years, I was told to forget it, I wouldn’t get it back.

       

      Any suggestions or cases to support the rule 15 motion or how to get my money returned would be greatly appreciated. Thanks

       

      Tom Galletly

    • Thomas Galletly
      Below is a copy of the motion and rule. Thomas: Galletly THE SUPERIOR COURT OF ARIZONA IN AND FOR THE COUNTY OF STATE OF ARIZONA, Plaintiff, vs. THOMAS
      Message 2 of 5 , Jun 1, 2006

        Below is a copy of the motion and rule.

         

        Thomas : Galletly

         

         

         THE SUPERIOR COURT OF ARIZONA

        IN AND FOR THE COUNTY OF

         

        STATE OF ARIZONA ,

                                Plaintiff,

                    vs.

        THOMAS GALLETLY ,

                                Defendant

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        Case No.:

         

        MOTION ON RCP 15.2

         

        COMES NOW, Thomas : Galletly, a free man upon the land, and moves this Honorable Court to sanction the State from entering any further discovery than they have submitted under Court Order. The State has had over two and a half years to release names of witnesses, copies of Affidavits and any other documentation and they have failed to do so. Under 16A A.R.S. Rules Crim.Proc., Rule 15.7(a)(1) and (2):

         

        a. Failure to Make Disclosure. If a party fails to make a disclosure required by Rule 15 any other party may move to compel disclosure and for appropriate sanctions. The court shall order disclosure and shall impose any sanction it finds appropriate, unless the court finds that the failure to comply was harmless or that the information could not have been disclosed earlier even with due diligence and the information was disclosed immediately upon its discovery. All orders imposing sanctions shall take into account the significance of the information not timely disclosed, the impact of the sanction on the party and the victim and the stage of the proceedings at which the disclosure is ultimately made. Available sanctions include, but are not limited to:   

         

         1) Precluding or limiting the calling of a witness, use of evidence or argument in support of or in opposition to a charge or defense, or

        (2) Dismissing the case with or without prejudice, or

        (3) Granting a continuance or declaring a mistrial when necessary in the interests of justice, or

        (4) Holding a witness, party, person acting under the direction or control of a party, or counsel in contempt, or

        (5) Imposing costs of continuing the proceedings, or

        (6) Any other appropriate sanction.     

         

                    I move this Honorable Court to grant the above sanctions.

         

        Dated this 24th day of May, 2006

         

        By:

         

         

         

        Thomas : Galletly

         

         


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