Appendix Page 34
COPY OF HANDWRITTEN NOTICE OF APPEAL FILED DECEMBER 5, 1994, AFTER WHICH IT WAS LOST FROM THE CLERK'S FILE THEN A COPY OF WHICH WAS FILED AGAIN JANUARY 27, 1995.
STATE OF FLORIDA
ROBERT F. ALLSTON
CASE NO. 94-803CF
Comes now the defendant, Robert F. Allston, who respectfully files this Notice of Appeal and Motion to Stay his criminal proceedings pursuant to the Order of 11/22/94 (hearing date 11/21/94) of the Honorable William Nelson with captioned case numbers 94-803CF, 94-1815CA, 94-1816CA, 94-1817CA, and 94-1818CA and the Order of 11/3/94, of the Honorable James B. Thompson with captioned case number 94-803CF. Defendant combines these two orders in the appeal because they both deal with defendant's pro se complaint for declaratory relief.
At the hearing of 11/21/94, the Court praised highly defendant's counsel and characterized defendant as a demanding troublesome client. This points out the value of having completely independent counsel from outside of the county in this particular case which has been sensationalized and prominent government people are involved.
Defendant does not pre-judge his appointed counsel but is required to file this Notice of Appeal at this time in order not to lose the right to appeal the order of 11/3/94. Defendant would like to have counsel for the appeal very much however this would require counsel to argue his own deficiencies to justify out of county counsel, a conflict of interest, so defendant will appeal pro se.
Defendant requested the court at the hearing of 11/21/94, to preserve his right of appeal prior to trial as would have been the case if his declaratory judgment had remained an independent action as defendant respectfully wishes to seek review of the matter by the court on appeal prior to trial.
Defendant's right to medical care, about which defendant seeks to have his rights declared and reviewed on appeal, remain a serious issue. Defendant can no longer lift his left foot making walking very difficult and his hip is more painful, both seriously needing medical attention. Defendant seeks to have his rights reviewed on appeal concerning what letters and papers he may retain as an inmate.
Defendant respectfully states that he does not have the copying facilities and envelopes available to serve copies to the parties.
This the second day of December, 1994.
Robert F. Allston, pro se