Gorilla Lawfair: A Pro Se Litigation Manual

By Anpu Unnefer Amen

This book, Gorilla Lawfair: A Pro Se Litigation Manual, is written for anyone interested in a text that provides different approaches to litigating issues that most paralegals in society never encounter.

• Language: English
• Publisher: Trafford Publishing
• Release date: Mar 28, 2014
• ISBN: 9781490721651

Anpu Unnefer Amen

Anpu Unnefer Amen shows how the parallels of Jesus the Christ and Heru are too similar to be a coincidence.

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Copyright 2014 Anpu Unnefer Amen.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written prior permission of the author.

ISBN: 978-1-4907-2165-1 (e)

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CONTENTS

Disclaimer: Important Information Regarding This Book

Legal Disclaimer

Dedications

Preface

Criminal Activity

Acknowledgements

Foreword

Rockefeller Drug Law Reform

New Sentencing Laws For Drug Crimes

First Felony Drug Offenses

Second Felony Offenders (Non-Violent Prior Felony Conviction)

New Crimes

Shock Incarceration & Willard

Judicial Diversion Program

Conditional Sealing Of Records

Resentencing Of Prisoners Convicted Under Prior Law

When To File

What To File

Where To File

What To Expect After You File

Listing Of New York Defender Offices

Change Of Name

Petitions For Change Of Name

Where To File A Petition For Change Of Name

What To File

What To Expect After You File

Obtaining Your Birth Certificate

State Vital Records Contact Offices

New York State’s Freedom Of Information Law

Obtaining A Master Index

Records Most Often Sought By Prisoners

Correctional Supervision History

Inmate Records

Personal History Record

Examination Of Inmate Records

How To Make A Foil Request For Records

Disciplinary Hearing Tapes

Video Tapes

Requests From Immediate Family

Release Of Hospital Medical Records

Drug And Alcohol Records

Youthful Offender And Juvenile Delinquency Records

Medical Records

Mental Health Records

Requesting Mental Health Records

Mental Health Records Not Available For Your Review

Appealing The Denial Of Your Request

Inaccurate Records

Reasons For Denial Of Doccs Foil Requests

Discretionary Disclosure

Inmate Records

Dcjs Rap Sheet

Appealing The Denial Of Access To Records Under Foil

The Appeal Letter

Inaccurate Records

Appeal From Inaccurate Record Determination

Pre-Sentence Reports

Request For Court Documents

Committee On Open Government

State Freedom Of Information Laws

Presentence Reports

Obtaining A Copy Of The Presentence Report

Amendment To Cpl §390

Doccs Policy Concerning Presentence Reports

Where To File A Motion For Presentence Report

What To File

Inaccurate Information In A Presentence Report

Enhanced Felony Offender Sentencing

Youthful Offender

Second Felony Offender Sentencing

Case Law Regarding Convictions In Other Jurisdictions

Sequence Of Sentencing

Cases Regarding Sequentiality Of Sentencing

Ten Year Tolling Period

Caselaw Regarding Ten Year Tolling Period

Persistent Felony Offender Sentencing

Discretionary Persistent Felony Offender

Cases Regarding Predicate & Persistent Sentencing Hearings

Postrelease Supervision & Double Jeopardy

Violating Postrelease Supervision

Failure To Pronounce Prs At Sentencing

Double Jeopardy

Habeas Corpus Proceedings

Contents Of Habeas Corpus Petition

Where To File A Habeas Corpus Petition

What To File

What To Expect After You File

Habeas Corpus Motion For Concurrent Time Calculation

Ex Post Facto Clause

Obtaining The Necessary Information

Appealing An Article 70 Petition

Glossary

List Of Abbreviations

General Resource List

DISCLAIMER: IMPORTANT INFORMATION REGARDING THIS BOOK

PLEASE READ!

G ORILLA LAWFAIR is sold without guarantees or warranties of any kind, express or implied, and the author and publisher disclaim any liability, loss or damages caused by the contents of GORILLA LA WFAIR .

GORILLA LAWFAIR does not intend or purport to take the place of expert legal advice that should be provided by an attorney. Before filing any legal documents with the Court, the readers of GORILLA LAWFAIR are advised to verify all pertinent documents, rules and procedures within that particular Court. Readers of GORILLA LAWFAIR are strongly recommended to seek the assistance of a competent licensed attorney before filing any legal documents in any Court in order that they may avoid any potential risks often inherent in the legal system that can result in negative consequences.

GORILLA LAWFAIR is inclusive of information assumed to be from reliable sources. The constitutional laws, legislative laws, and case law referred to in this book are current as of January 2012. The Sample Forms and Blank Forms that are in this manual are intended to provide insight into the type of information that may be required in a particular type of legal filing. However, all forms and legal documents filed in a particular Court of law should be in compliance with the type of that particular Court or meet that particular Court’s rules and procedures.

Due to the constant changes in the law, all statutes, rules and regulations, guidelines and case law cited in GORILLA LAWFAIR should be checked and updated to ensure their accuracy before being relied upon as sound by GORILLA LAWFAIR readers.

LEGAL DISCLAIMER

A Jailhouse Lawyer’s Manual is written and updated by members of the Columbia Human Rights Law Review. The law prohibits us from providing any legal advice to prisoners. This information is not intended as legal advice or representation nor should you consider or rely upon it as such. Neither the JLM nor any information contained herein is intended to or shall constitute a contract between the JLM and any reader, and the JLM does not guarantee the accuracy of the information contained herein. Additionally, your use of the JLM should not be construed as creating an attorney-c1ient relationship with the JLM staff or anyone at Columbia Law School. Finally, while we have attempted to provide information that is up-to-date and useful, because the law changes frequently, we cannot guarantee that all information is cu rrent.

DEDICATIONS

J oseph Cowboy Cowell, Edward Taylor Sr., Edward Taylor Jr., Edward Eddie Waters, James Snow White Woodley, Ronald Scott Sr., Robert Lee Waters, and Mark Magic Rogers… Rest In Peace!

PREFACE

M ost of the legal situations referenced in the Sample Motions in this book are only a fraction of those that incarcerated individuals are often confronted with. In the 21 st Century with all of the budget cuts throughout the nation’s correctional departments and other governmental agencies, even the non-profit organizations that once aided incarcerated individuals with their legal issues have either went into oblivion or have limited their services to certain issues due to budget constraints and shortage of staff. With the oblivion of federally funded college programs in prisons and the growing shortage of legal research programs there has been a steady growth in the number of people being illegally held in prisons throughout America. This text provides various forms, letters, legal arguments, and explanations of the law to give readers who are not familiar with the law and those who are, insight into some of the issues affecting individuals who usually have no voice or the legal knowledge to champion their own cause.

This book, GORILLA LAWFAIR: A PRO SE LITIGATION MANUAL, is written for anyone interested in a text which provides different approaches to litigating issues that most paralegals in society never encounter.

CRIMINAL ACTIVITY

C rimes and criminal activity exist throughout our neighborhoods, and those who commit these acts are usually unaware of the lasting effects that their actions really have upon their communities and society as a whole. Many of our youths have gravitated towards gangs, drugs, promiscuity and violence. The end result of which is almost always prison or death! Maybe if they knew what kinds of penalties they faced if they were caught it would serve as a deterrent? Wrong answer!!! Consequences have never served as a deterrent to the commission of crimes and it never will! Only the changing of morals and values can change criminal beh avior.

ACKNOWLEDGEMENTS

F irst and foremost I would like to give thanks and praise to the Creator for giving me the breath of life. Secondly, I have to give a special thanks to my Queen Nefert Amen for standing by me and believing in my potential to accomplish what I will.

Volume II of this book, Gorilla Lawfair, was made possible through all of the love and support that was shown from countless people for whatever reason they chose to give it; PoP & Stew from Blackstar Music & Video in Harlem; The Coalition for Parole Restoration; Judith Brink and Prison Action Network; Charlie & Pauline Sullivan and the various chapters of National CURE; The Pennsylvania Prison Society; Janine Morna and the Jailhouse Lawyer’s Manual staff at Columbia University, thanks again for allowing us to utilize some of your material; Derrick Hamilton for your wisdom over the years and your assistance with the Introduction; Adam House Adams; all of the countless individuals in the struggle who aided in one way or another, thank you & Hotep!!!

A very special thanks to Damon Chance of Amen Chance Publishing, LLC for believing in the idea and doing your part in bringing everything to fruition; to all of the brothas and sistas on lockdown throughout the universe, our hearts go out to you. As always, we trust that some of you will read something in our work that will serve as a key to your freedom.

HOTEP!

FOREWORD

A s I sit on this uncompromising steel bed in one of the prisons in the New York State Correctional System writing the foreword to Gorilla Lawfair Volume II, all sorts of thoughts come to mind. Especially my being blessed with the opportunity bestowed upon me by a comrade I have had the pleasure of knowing since 1988. 1988 happens to be the year that I came to prison. According to the Bureau of Justice statistics, there is a 67.5 percent recidivism rate in the United States. I came to prison in 1988 and unfortunately have not had the opportunity to obtain my freedom like a large number of people have. My maximum sentence is life!

My good friend that I was talking about is the author of Gorilla Lawfair: A Pro Se Litigation Manual, Volumes I and II. Most people don’t take advantage of the knowledge that is available to them or the many things they learn in these facilities. Mr. Anpu Amen is a man whom through fighting for his own freedom found that the law could make it easier for others to get out. The biggest problem for men and women of all nationalities in this system is that we do not know how to read law. More often times than not we do not seek help because when we do people are usually trying to play predator and make a fast buck off of us or seeking to provide information to the district attorney’s office in exchange for a lighter sentence.

Prisoners don’t tell their people enough about the countless ills that go on in these places, such as how everyone in this system isn’t guilty of committing a crime. However, because the majority don’t have the money or the know how to litigate, they somehow get caught up in a system that acts as the authority for society. The system’s laws and rules are supposed to apply equally to all, which isn’t the case often enough. So when a book like Gorilla Lawfair comes around it gives families comfort to know that there is something to aid their incarcerated family members with assistance in handling some of the complex issues they may encounter. With a rate of 1 out of every 136 adults incarcerated, the United States is the leader when it comes to incarcerating its citizens. 5 out of 10 young men have either been incarcerated or are on parole or probation.

Only real brothers and sisters who come together can teach the younger people within the system the mandated programs that the Parole Boards no longer respect. These programs aren’t attractive to the younger prison population because they feel they are being forced into programs that are useless. In 1999, Governor Pataki came out with determinate sentences that are commonly called ‘flat bids.’ Correctional Unions praised him for it, and numerous government officials gave him their support. However, truth be told, it made the correctional system in New York State worse because a large amount of the people sentenced to flat bids feel as though they have nothing to lose. For instance, an individual with a determinate sentence of 5 years knows that they can be released within 4 years and 3 months if they take all of the mandated programs and keep a clean disciplinary record. They also know that the worst case scenario is that the system will have to release them after serving a maximum of five years regardless of whether they have a poor disciplinary and refuse to program. This produces negative attitudes that in turn results in many long term incarcerated individuals receiving a deuce (two years) at the Parole Board to balance the numbers.

After being incarcerated during the terms of four governors, I have literally observed the system go down the drain. Many government officials claim that they are trying to give the government back to the people. What about the people whose family members that have been railroaded into the system or have served more than enough time? When will they give them back to their people? The struggle continues!

—Adam Lee Adams

ROCKEFELLER DRUG LAW REFORM

A s part of the 2009-2010 budget the New York State Legislature enacted revisions to the Rockefeller Drug Laws. On April 7th, 2009, Governor David Patterson signed the law ch anges.

NEW SENTENCING LAWS FOR DRUG CRIMES

FIRST FELONY DRUG OFFENSES

All first-time class B felony drug offenders no longer face mandatory imprisonment, are probation eligible, and diversion eligible (except those convicted of the new sales to a child crime). They can also receive a definite jail term of 1 year or less, or a state prison term ranging anywhere between 1 to 9 years with 1 to 2 years of post-release supervision. In instances where the court imposes a state prison sentence, the sentencing court may order the defendant to be placed directly in the Shock incarceration program or order that they be placed in the Shock program when they are within 3 years of their release date. If the defendant is physically unable to participate in the shock program, he or she will be eligible for release after completion of an alternative program in the same manner as completion of the shock program. Therefore, anyone with a physical impediment who falls into this category should have their attorney bring this up before the sentencing court. Also, the maximum age for participation in the Shock incarceration program is now 50 years of age. The sentencing court is also authorized to order that a defendant be placed in the Willard drug treatment program as a sentence of parole supervision.

All first-time class C, D and E drug offenders no longer face mandatory imprisonment, are probation eligible, and diversion eligible (except those convicted of the new sale to a child crime). They can also receive a definite jail term of 1 year or less. C felony offenders can receive a state prison term ranging from 1 to 5 years with 1 to 2 years of post-release supervision. D felony offenders can receive a state prison term ranging from 1 to 2 years with one year post-release supervision. E felony offenders can receive a state prison term ranging between 1 to 2 ½ years with 1 year of post-release supervision. The sentencing court can order placement in the Shock incarceration program for all class C, D and E first felony offenders.

Sentencing courts are also now authorized to issue a sentence of parole supervision to the Willard drug treatment program to a defendant convicted of the class D felony of burglary in the third degree. The sentencing court, however, is not authorized to order that first felony class C, D and E felony drug offenders be placed in the Willard drug treatment program as part of their sentence. This program has been reserved for first time class B drug offenders, those convicted of burglary in the 3rd degree, and certain second class C, D and E drug offenders. This is due to the Legislature’s enacting of broader sentencing options for first time drug offenders.

SECOND FELONY OFFENDERS (NON-VIOLENT PRIOR FELONY CONVICTION)

Imprisonment is mandated for class B second felony drug offenders unless the court decides to utilize its option of imposing judicial diversion pursuant to §216 of New York’s Criminal Procedure Law. In order to be considered for judicial diversion, a criminal defendant must undergo an alcohol and substance abuse evaluation. If the sentencing court deems that a defendant meets the criteria for judicial diversion they can divert them to in-patient or out-patient drug treatment programs without the district attorneys consent. See CPL §410.90.

Class B second felony offender sentences have been reduced from a 3 year minimum to a 2 year minimum. The maximum sentence has remained at 12 years. In cases where class B second felony offenders have not received judicial diversion, and have no prior violent convictions, they can be placed directly in the Shock incarceration program or otherwise become eligible for it when they are within 3 years of their release. Correction Law §865(1) outlines the eligibility requirements, i.e., age, no exclusion convictions, and no prior commitments to DOCS.

Imprisonment is not required for second felony class C, D and E drug offenders with no prior violent conviction. Placement in Willard without the consent of the district attorney and placement in