"AFFIDAVIT OF SERVICE"

Transcription

1 12/15/2013 F!LED JOSEPH ARUANNO 2 2DEC v. Supreme Cqurt of Florida No. SCl3-år$64 f7 STATE OF FLORIDA "AFFIDAVIT OF SERVICE" I, Joseph Aruanno, hereby swear and give notice that I have served coples of the attached NOTICE OF PETITION to the attorne'ys for the State of Florida which include the Office of the State Attorney, 401 N. Dixie Hwy., W. Palm Beach Fl., 33401; and the Office of the Attorney General, 1515 N. Flagler Dr., Suite 900 W. Palm Beach Fl., Service was conducted using the U.S. Postal Service, First Class mail, through the Institutional mailing system. Also I fully understand that if any of the statement I have made are false I am subject to punishment under law. Sin e, Mr. Joseph Aruanno #363 STU-Annex PO Box # 905 Avenel, NJ

2 IN THE SUPREME COURT OF FLORIDA 2 23 JOSEPH ARUANNO v. STATE OF FLORIDA CASE No. SCl I Appeal No. 4D Indictment No. 1994CF004033AXX "NOTICE TO INVOKE DISCRETIONARY JURISDICTION" December 15, 2013 Mr. Joseph Aruanno #363 Special Treatment Unit 8 Production Way PO Box 905 Avenel, NJ 07001

3 Dear Honorable Judges: Please accept this letter-brief in lieu of a more formal motion since Petitioner, Joseph Aruanno, JA, is pro se, as has been the case since the beginning which has been an issue on appeal, where he is being denied access to a law library, etc., in accordance with Federal law and which is an issue in Federal litigation here in NJ, where he has been involuntarily civilly committed as a result of the Florida conviction and where as a mental health patient has the right to a GUARDIAN, etc., to assist him in his limitations under the Americans with Disability Act; the Rehabilitation Act; the Law Against Discrimination; etc., which he is also being denied and which is an issue on appeal here as well. And with that though this court GRANTED a MOTION FOR EXTENSION OF TIME JA submitted it avoid the issue of the GUARDIAN which is the only way the court will have a full and fair picture of this case where JA asks that this court comply with the ADA, etc., and obtain a GUARDIAN before proceeding any further. 1

4 But in case the courts insist on continuing without such assi stance JA will attempt to summarize this case and what the record makes clear. As the docket suggests this case originated during 1994 where while in his thirties and without any criminal record. JA was arrested for a crime he did not commit. At the time of arrest JA was forced to spend nearly one year in jail because of the total incompetence that is any Public Defenders Office where after neglecting his case, more than the usual lack of funds, etc., he was told if he did not plea he would go to prison for about 10 years. And where after seeing such nonsense from the Public Defender, PD, and while being very vulnerable and under duress JA was intimidated into coercion and plead guilty where he was released immediately as told which was also motivation besides knowing PD would place him in prison for 10 years. Then, while living in NJ JA was questioned about a crlme similar to the Florida conviction where the only evidence was the Fl. conviction, which was suppose to have been ADJUDICATION WITHHELD, but was not and is another issue on appeal here. 2

5 And for which the main issue on appeal there is that JA was denied any representation because PD left JA in jail until he plead guilty, which is their usual tactic. Then during discovery of the present case JA obtained information that stated 11 months was the maximum sentence he could do in Fl. because of his lack of a criminal record, etc., where he immediately filed a PCR, etc., with the newly discovered evidence of direct incompetence by PD, providing false information, which is a valid Constitutional issue in every state except Fl. where he was told he could only use evidence of his innocence. And which was rubberstamped to this day. Which also included the false conclusion that JA was out of time where as stated he immediately filed. And such filings came only months after a time-served hearing in Palm Beach during August Where it must be mentioned JA is being denied access to most documents here by PD as well as the facility he is in whom regularly throws out our legal papers which is also a matter of pending Federal litigation. Also on appeal here as this court knows there are also certain rights to counsel, etc., during a first PCR, the first direct appeal, etc., where ALL of which was total disregarded by the states court since the beginning. Also on appeal here. 3

6 And with that JA must state that the Fourth District Court of Appeal had sent JA a NOTICE TO ATTORNEYS AND PARTIES, REVISED 2/1/12, which addresses his RIGHT under the ADA with assistance accessing the court but has, for years, hid from that request, on appeal here. Also, with that, this courts letters dated 9/10/13, 11/19/13, insinuate the Supreme Court of Florida is not the proper venue to appeal a decision from an appellate court in Florida which we totally do not understand? Where here in NJ we go from the App. Div. right to the NJ Supreme Court. So without a lawyer JA does not have a clue what you are saying or want? Where yet once again would not be an issue if he had the GUARDIAN law requires. Though in any case will also ask that this court invoke jurisdiction and act in the interest of justice.

7 Then, in light of the fact JA was denied counsel through the entire first appeal he was forced to file another. Which then included a NEW issue which was that he was civilly committed and where the nonsensical replies/opinions started immediately such as stating "CANNOT APPEAL SOMETHING THAT WAS NOT A LAW AT THAT TIME" where, as with the other issue, New Jersey, as well as MANY other states take back plea bargains under the same conditions. And for which, as addressed below, there had always been traditional civil commitment for [alleged] sex offenders, nonspecific, and where JA had included case law with that, including Federal precedence in state courts, where, as mentioned, the state of NJ has trashed much of JA's legal papers where we will ask this court to take a good look at the record below. Which is much easier now with internet. In closing JA must point out as he has that the lower courts are in too deep at this point to admit their mistake, 20 years later, exposing JA to not only the trashing of legal papers, etc., but years of violence and bloodshed where clearly they would not want to see him on the street, or any other person they have harmed in this way, which clearly was a conflict at this 5

8 point for the lower courts to rule on anything. And that does not include the harm it has inflicted upon his family, which basically has ended his life. In closing we ask that this court finally take jurisdiction of this case. Where we must say had it in the past we may not be here now. And where JA request this court REMAND to Palm Beach County with orders for a trial which he has been demanding and without any Public Pretenders. In advance JA wants to thank this court for its time and efforts in these matters. Sincerely, O lik%ah J.' Aruanno 6

9 12/15/2013 F LE 20 3 DEC : 17 RE: CASE No. SCl Dear Sirs: Thank you for sending me your letter dated 11/19/13, this is in reply. I have prepared and submit the attached motion to the best of my ability considering issues in it such as being involuntarily civilly committed which entitles me to a GUARDIAN, etc., to assist me in accessing the court here which I have been denied since the beginning and which is a key issue on appeal. For which I ask that you please forward to the court. In closing I want to thank you for your time and efforts here. Sincerely, Mr. Joseph Aruanno #363 S.T.U. PO Box 905 Avenel, NJ 07001

10 Mr. Joseph Aruanno P.O. Box 905 Avenel, NJ DEC 23 i i SUPREME COURT OF FLOR\tR DFF\CA 0F TRE LLE\1\( Soo SouTr\ MNR\_gpm T RL L R HRSSEE, FL \ for D Í tj j