Question about Appealing a CPS Case
From: cam huegenot (cameocares@live.com)
Sent: Sat 2/28/09 12:08 PM
To:
Hi ,
I really need some advice on this one...
I'm being told I cannot appeal, for any reason, because I didn't put in a "notice of appeal" when the hearing was decided. This guy CASA appointed is buddies with people in the small town whom I offended and who now want to screw me. They didn't pick any CASA person, they chose a retired lawyer who knew just how to skew things.
He, himself, last hearing, filed a statement which I've never seen, and I found out from CASA they did actually mail it to me, but they didn't even allow the proper number of days I'm supposed to have for even getting it. They mailed it to me last minute, about 2 days before the hearing, knowing I'd have to receive it all the way across the country from Washington state to Wash D.C.
He justifies every illegal thing they've done. I told him even the Washington State Bar was finally involved because all this time I was told to be "pro se", I requested a copy of my case file and no one would send it to me. I have never, in this process, had discovery from the state prior to hearings, and I never had a copy of my case file. But he just went off, saying my rights were going to be terminated next month if I didn't comply with services.
Their services will prejudice me, my future, and I know it's a way of CPS trying to justify their actions because they never had evidence I'd done anything wrong in the first place.
Not only that, I've received MORE evidence which proves what I was saying, months ago, was true--that the same people who reported me to CPS, had damaged me in childbirth and yet they lied and claimed it wasn't true and I was delusional and didn't have any physical problems and it was all in my head.
I have evidence which showed definite physical problems, and proves I AM and WAS injured and that they tried to cover this up and retaliate against me by taking my child.
What I want to know is, is this ANY way, any EXCUSE for being able to appeal if it's after the statutory deadline for appeal? Is there any excuse at all, that courts have upheld as reason for employment of the discretion of a judge in a higher court, to allow appeal anyway?
Also, are you positive a federal case cannot make an injunction on a state case if it's clear I will suffer immediate and irreparable damages if there is NOT an injunction?
I don't know why a federal court couldn't put a hold on the state proceeding if I'm able to prove, through evidence, that what the state has done, all the way up to this time, has been illegal and has put me in a postion of losing my son and/or further violations of my right to privacy.
Also, I am able to pay for a private attorney, at this point, to start with, but I don't know who is good, with regard to civil rights claims and due process cases. I also don't find many dependency attorneys. At all. And it's not as though I haven't been looking either.
Thanks,
Cameo
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