CONSTRUCTIVE NOTICE AND DEMAND TO: Beverly A. Ginn Principal Assistant City Attorney City of Tucson Police Department c/o 270 S. Stone Avenue Tucson 85701-1917/tdc ARIZONA STATE FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: November 8, 1997 SUBJECT: Challenge to Rule 8 in body, and in practice: Citation #5668482 Dear Ms. Ginn: Rule 8 of the Local Rules of Practice and Procedure, City Court [sic], City of Tucson, states, in pertinent part, that: (a) If a hearing is set on the complaint or citation, the court shall promptly provide the defendant with written notice that the right to be represented by counsel is waived[,] unless the defendant notifies the court and the City in writing at least 10 days prior to the hearing date of defendant's election to be represented by counsel. Such notice shall specify the appropriate place and manner for filing the notice of counsel." [brackets added] Formal demand is hereby made of you to provide Me with a certified copy of said written notice, and deliver same to the mailing location shown below, no later than 5:00 p.m. on Friday, November 21, 1997. Arraignment was set for 9:00 a.m. on 10/30/97. VERIFICATION I hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States" (federal government), pursuant to 28 U.S.C. 1746(1), that no such written notice was ever provided to Me, promptly or otherwise. Executed on November 8, 1997 Respectfully submitted, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell Avenue, #1776 Tucson 85719/tdc ARIZONA STATE (See USPS Publication #221.) All Rights Reserved without Prejudice copy: Clerk of Tucson City Court [sic] City Prosecutor email: supremelawfirm@altavista.net website: http://supremelaw.com # # #
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Arizona v. Mitchell