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- 1/7 -motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for

transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.

Zach Coughlin, Esq. NV Bar 9473 (temporarily suspended but authorized to practice on his own behalf in Reno Justice Court), license not suspended before the USPTO 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlin@hotmail.com Self Representing Attorney Defendant

IN THE RENO JUSTICE COURT COUNTY OF WASHOE; STATE OF NEVADA

STATE OF NEVADA, PLAINTIFF

vs.

ZACHARY BARKER COUGHLIN; DEFENDANT

))))))

RCR2013-072675

D5, then reassigned

AMENDED POST-TRIAL MOTION AND DECLARATION IN SUPPORT THEREOF.

Coughlin hereby files this Motion for New Trial (NRS 176.515) and Notice of Appeal of the 10/14/13

judgment of conviction and all other orders ever entered in this case (and especially the 10/14/12 Judgment of

Conviction and Court Order, and all orders made in connection with the 5/30/13, 6/6/13, and 9/24/13 court dates

(it is especially unjust fail to recognize Coughlin’s filing between 5/23/13 through the 6/18/13 removal of R.

Bruce Lindsay as counsel when Coughlin had not agree to or even applied for any sole counsel appointed

counsel) to the second judicial district court.

NRS 238.100 does provide that any document “required or permitted by law or regulation” to

be filed by mailing shall be considered filed as of the date of the postmark on the envelope in

which it was mailed.

POINTS AND AUTHORITIES

KEY ADDITIONS: also, as to the State’s exhibit consisting of a purported jail house letter by Coughlin

addressed to Sgt. Mullens..such was inexplicably filed in CR13-0614, which just goes all the more to Judge

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- 2/7 -motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for

transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.

Clifton’s improper influence over these matters where Judge Clifton refused to recognize the filings Coughlin

submitted from his jail cell in light of Clifton’s in correct (at best) belief that Coughlin was represented in a sole

counsel capacity by Bruce Lindsay, Esq. Goose for the gander, if Coughlin’s jail house filed Request for

Production, Motion to Disqualify, etc., etc. are not filed in RCR2013-072675, then some the State and RJC

should not be permitted to incongruously side step such approach by inexplicably directing such purported letter

by Coughlin to be filed in some random appeal in CR13-0614.

Am. Jur. Arrest § 90. Resisting excessive force Arrest 68(2); Obstructing Justice 2, 3, 5,7, 8 A.L.R. Library What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397; Modern status of rules as to right to forcefully resist illegal arrest, 44 A.L.R.3D 1078

An individual is authorized to use force to resist arrest in some jurisdictions whenthe officer's force to affect the arrest is excessive.[FN1] Thus, self-defense is a valid defense to the charge of resisting arrest in some jurisdictions.[FN2] A person forfeits his or her right to self-defense if he or she knows that if he desists from physical resistance and submits to arrest, the excessive force will end.[FN3] The force used must be reasonable and proportional to the force used by the officer,[FN4] and only as is reasonably necessary for self-defense.[FN5] An arrestee may use force to resist arrest only if the arrestee is actually about to be seriously injured or killed.[FN6] [FN1] Com. V. Grandison, 433 Mass. 135, 741 N.E.2D 25 (2001); State v. Courville, 2002 MT 330, 313 Mont. 218, 61 P.3D 749 (2002). [FN2] People v. Wicks, 355 Ill. App. 3D 760, 291 Ill. Dec. 567, 823 N.E.2D 1153 (3d Dist. 2005); State v. Malcom, 249 Wis. 2D 403, 2001 WI App 291, 638 N.W.2D 918 (Ct. App. 2001). [FN3] State v. Maxey, 661 S.W.2D 641 (Mo. Ct. App. E.D. 1983). [FN4] State v. Valentine, 132 Wash. 2D 1, 935 P.2D 1294 (1997). [FN5] State v. Wright, 310 Or. 430, 799 P.2D 642 (1990). [FN6] State v. Garcia, 107 Wash. App. 545, 27 P.3D 1225 (Div. 2 2001). © 2012 Thomson Reuters. 33-34B © 2012 Thomson Reuters/RIA. No Claim to Orig. U.S. Govt. Works. All rights reserved. AMJUR ARREST § 90.

Clearly, Bailiff Reyes was using excessive force, including throwing Coughlin over the lobby bench. The final video from the state, which should have been admitted (and arguably Coughlin sought the introduction of such…where Coughlin merely asked to be permitted to view the video prior thereto to confirm it was not unpropounded non-impeachment material) provides the best view of Reyes’ body and arms “placing” Coughlin forcefully through the bench in a swaggering display of force compliment by Reyes then retrieving Coughlin’s wallet and throwing it at Coughlin on the ground. Such string of events only serves to underscore the vindictive nature of Reyes’s arrest, which, as indicated in his Declaration of Probable Cause, did not relate to any purported taunting or inciting of Reyes as to his family law matters (Reyes only added such the following day in his Narrative (also, note how Deputy Turner’s written statement misleading omits the part about Bailiff Heibert returning to Coughlin in the lobby and providing stamped copies to Coughlin, with Heibert thereafter leaving the lobby without receiving any “new set of papers” from Coughlin)

WCSO Deputy Turner’s Narrative of 5/28/13 reveals the material inconsistencies

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- 3/7 -motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for

transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.

and irregularities coursing through this case and the extent to which the “appearance of impropriety” herein has reached alarming levels, where such reads: “At approximately 1620 hours, I was standing at the Mills Lane Justice building entrance, next to the magnetometers. During this time, I witnessed Mr. Coughlin enter the building andinform the Court Security Officers that he had paperwork to be filed. An RJC bailiff met with Mr. Coughlin, prior to passing through the magnetometers. The RJC Bailiff collected the paperwork to be filed in the RJC filling office from Mr. Coughlin and proceeded to do that. After the bailiff left the immediate area, Mr.Coughlin passed through the magnetometers and proceeded to sit on a bench adjacent to stairs leading to the second floor of the building. RJC Bailiffs John Reyes and Don Ramsey met with, and remained with, Mr. Coughlin as he sat on a bench.

(NOTE: notice how Deputy Turner's account contradicts that of Reyes, whom

initially testified that he witnessed (only to later adjust such testimony to indicate he merely "assumed")

Coughlin provide Bailiff Heibert an "additional set of papers" at the cafe bench...Deputy Turner's

account is particularly disturbing in its fraudulent lack of honesty not only with respect to the material

omission as to the fact that Heibert had returned with stamped copies and providing such to Coughlin

and left the lobby area without receiving any "additional set of papers" from Coughlin, but also in

Turner's brazen lies relative to other assertions made by Turner). Such includes the following:

"As I approached, Mr. Coughlin was taunting RJC Bailiff Reyes, referencing his current divorce case, repeatedly. RJC Bailiff Reyes disengaged from the conversation and stood quietly by (NOTE: if by “stood quietly by” Turner means Reyes continued shoving his face into Coughlin’s personal space in an attempt to read the documents Coughlin was perusing, only to then continue on by thrusting his crotch in Coughlin’s face from a distance of less than 18 inches for several minutes, then, sure, Reyes was “standing quietly by”) as Mr. Coughlin continued the taunts.

After failing to gain a rise out of Bailiff Reyes regarding his current divorce hearing, Mr. Coughlin turned to Bailiff Ramsey and inquired about past filings. Bailiff Ramsey indicated that he was unsure what filings Mr. Coughlin was referencing. Mr. Coughlin then verbally attacked Bailiff Ramsey, accusing him of deliberately losing his paperwork. Bailiff Ramsey indicated that Mr. Coughlin had left his paperwork unattended and left the building. Mr. Coughlin then requested the status of past filings.Bailiff Ramsey asked what filings he was referencing, and (sic) he would research it for him.

(NOTE: interesting that Deputy Turner seems to omit a verb in such sentence sufficient to

indicate whether Bailiff Ramsey “said” or “indicated or in some other manner communicated something

to Coughlin sufficient to provide any support whatsoever that there was some ongoing business

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- 4/7 -motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for

transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.

Coughlin was then conducting with the RJC (nor does Turner indicate that Ramsey in any way indicated

to Coughlin that must, or even should, wait for some response in the lobby. Further, Coughlin’s

testimony as to Ramsey indicating to Coughlin that civil deputy clerk Christine Erickson has informed

Ramsey that Coughlin “didn’t have any open case in civil” and that all of Coughlin’s civil case were “in

Carson City”)

Deputy Turner’s Narrative continues: “…Mr. Coughlin handed Bailiff Ramsey apiece of paper indicating what filings he was referring to, and Bailiff Ramsey began to research Coughlin's request. Once Bailiff Ramsey left the area, Bailiff Reyes requestedthat Coughlin wait on the other side of the magnetometers. Mr. Coughlin refused to wait on the other side. Bailiff Reyes told Coughlin repeatedly that he must wait on the other side of the secured area, until his requested information was received…”

(NOTE: Turner uses the phrase “requested information” compared to the phrase “await

documents he requested” as used by Reyes in his Declaration of Probable Cause (tellingly, the States

5/31/13 Criminal Complaint fails to specify one way or the other (or in any way, for that matter) just

upon what Reyes’ alleged command to move to the lobby was premised (the complaint merely

provides: “defendant refused to comply with Bailiff Reyes' command to

move to an area where the defendant had been previously ordered by

the court to remain”)and just what it is Coughlin did to prompt such a command (whether it

be providing someone with some “piece of paper” or that Coughlin somehow verbally “requested

information” or otherwise elicted some response from, say, Bailiff Heibert to do something “as an extra

courtesy” above and beyond anything permitted by the Admin Order 12-01, which the bailiffs do not

exactly follow like their freedom or careers depend upon doing so (though Coughlin, obviously,

does…which makes interesting Judge Glasson sua sponte striking from the record in this matter a

statement to that effect made by Coughlin. Likewise, all the utterances stricken by Judge Glasson were

not appropriate material for striking, and the so striking of such was reversible error of a prejudicial

nature to Coughlin’s case).

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- 5/7 -motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for

transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.

Deputy Turner’s Narrative continues: “…Mr. Coughlin began to argue, statingthat he was not going to leave but go to the third floor family court. (NOTE: this conflicts with Reyes contention that Coughlin merely refused to leave the café bench, and further undermines Reyes’ credibility) Mr. Coughlin was then informed that he could not leave the immediate area without finishing his business with Justice Court. Mr. Coughlin refused to leave the bench. Bailiff Reyes indicated that if he did not voluntarily wait on the other side of the secured area that he would be physically escorted. Bailiff Reyes applied light touch to Mr. Coughlin's left arm to assist him in standing. Once Bailiff Reyes made contact, Mr. Coughlin immediately began to resist by turning away and pulling his arms tight into his chest. Bailiff Reyes then placed Coughlin into a rear wrist lock. At that time, I made the assumption that Mr. Coughlin was going to be taken into custody. I gained control of his left arm by placing it into an arm bar. Bailiff Reyes began to escort Coughlin to the other side of the magnetometers as I continued to maintain control of his left arm. As we attempted to exit through the magnetometers, the device was struck and knocked to the ground, causing it to break into several pieces."

(Notice that Deputy Turner's account does not cooberate that in Reyes' Declaration of Probable

Cause as to Reyes' assertion that Coughlin has "upturned the magnetometer in a willful manner".

Further, Deputy Turner's account contradicts that of Bailiff Ramsey, whom indicated he conducted no

business with Coughlin at the lobby bench, and whom did not indicate there was any "piece of paper"

passed to him at such lobby bench by Coughlin upon being questioned in that regard. Further, Turner's

account differs from Reyes' own in rather than indicating that Coughlin was told he must wait in the

lobby for some allegedly requested items, Turner indicates that Coughlin was told "he could not leave

the immediate area without finishing his business with the Justice Court", which, if true, begs the

question as to how Coughlin would know he could leave the cafe bench or just what was meant by "the

immediate area" or how some Admin Order could theoretically require Coughlin to wait around for

hours and hours, uncertain as to just what amounts "finishing his business with the justice court" or how

it is that a free citizen is not free to disengage from even an attempt to file documents with a court that

seems to require dinner and a movie before bestowing upon citizens the right to do so )

Tellingly, Reyes’ Narrative of the day after the arrest fails to even reference the section of the Admin

Order that relates to the proferred rationale for Reyes’ commanding Coughlin to wait in the lobby where Reyes’

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- 6/7 -motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for

transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.

Narrative cites only to sections 1 and 1(a) whereas .

"WHEREAS, to protect the peaceful and effective operation of this Court, IT IS HEREBY ORDERED: 1. ZACHARY BARKER COUGHLIN shall not enter the premises of the Reno Justice Court at One South Sierra Street except as follows: a. If ZACHARY BARKER COUGHLIN wishes to file a document with the Reno Justice Court or attend a hearing in the Reno Justice Court he must notify the security personnel at the main security entrance located at the east entrance of One South Sierra Street and wait for a bailiff of the Reno justice Court to respond to his location.”

Regardless, even had Reyes cited to 1.(B) of the Admin Order, such is not applicable under any of the circumstances testified to by any of the three bailiffs:

“B. If ZACHARY BARKER COUGHLIN wishes to make a request of the Reno Justice Court for copies, transcripts, access to a court file or to ask a question he shall do so in writing and either mail the request to the Reno Justice Court or deliver the written request to a bailiff of the Reno Justice Court by first contacting the bailiff through court security as detailed above. The bailiff will then file the document for Mr. Coughlin and provide him a file stamped copy in return....3. ZACHARY BARKER COUGHLIN is not allowed to contact any member of this Court other than a uniformed bailiff."

Either way, the lack of any written statement by either of the other two reno justice court bailiffs here is rather dubious.

VERIFICATION AND DECLARATION:

1. I, Zachary Barker Coughlin declare pursuant to NRS 53.045, under penalty of perjury that this

combined Supplemental Post-Trial Motions and Declaration is true and correct and based upon my own first

hand knowledge except those matters stated upon information and belief (even where implicitly so stated), and

as to those matters, I believe them to be true

AFFIRMATION Pursuant to NRS 239B.030

The undersigned does hereby affirm that the preceding document does not contain the social security number of

any person.

DATED 10/21/13

/s/ Zach Coughlin, signed electronically

Zach Coughlin

Pro Per Self Representing Attorney

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- 7/7 -motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for

transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.

CERTIFICATE OF SERVICE:

Pursuant to NRCP 5(b), I do hereby certify that, on this date, I, Zach Coughlin I deposited in the United States mail at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy of the foregoing document and or electronically served (via electronic method of transmission previously given express permission to utilize by those with requisite authority to provide it, upon which Coughlin reasonably relied and or relies), Mikohn satisfactory, and NRS 178.590 facsimiled prior to 5 pm and personally delivered to wcda too:

AMOS R. STEGE, ESQ. ZACHARY N. YOUNG, ESQ. Washoe County DA Office Address: 1 South Sierra P.O. Box 30083 Reno, NV 89520 Phone Number: 775-328-3200 Fax number: 775-325-6703 Email: astege@da.Washoecounty.Us DATED THIS: Dated this 10/21/2013

/s/ Zach Coughlin

Zah Coughlin, Defendant

INDEX TO EXHIBITS:

Exhibit 1: Various relevant materials on a cd/dvd/discovery already propounded

In disc form and found at skydrive links

Exhibit 1:

1. Exhibit 1: Various relevant materials on a cd/dvd/discovery already propounded and 69 page 10/18/13 Declaration of Zachary Coughlin will be filed as a separate document in support of this filing.

https://skydrive.live.com/redir?resid=43084638F32F5F28!9135

https://skydrive.live.com/redir?resid=43084638F32F5F28!8413