Mr. Michael JAMES EVANS
Sid No. [redacted]
[redacted]
[redacted]
Dec. 20, 2022

Jailhouse Lawyer Initiative
c/o Tyler Watson Esq.
139 MacDougal St., B22
New York, NY
10012 RE: Issue No. 6. November 2022

Dear Mr. Watson,

Greetings And salutations !

The "PEN PAL" program sounds like A capital idea! Especially if it Allows us to connect with our fellow campErs who Are Active within our SAME Circuit to have A sounding board to discuss what Legal issues under what Arguments work- " have legs" And which do Not , Or should, but the lower court got it wrong. By All MEANS - Yes! Sign me up!
I AM Avery "Successfully"- relatively SPEAKling, very Active civil LitigAnt. I very oftEN receivE props from both the Court stating my “obvious Ability”; And Even from opposing Counsel commenting on my being " ONE of the more Articulate pro se prison Plaintiffs " Not that they ARE saying much- I'VE SEEN some of the i'll conceived Arguments that have come through our institutions, But few in here have A College Education, I oftEN Assist others with their civil suits, Especially medical suits- my degree is A B.S. R.N. And Pre-med & bio-physics. I spent 19 YEARS working in the medical Field.

By "Succesfully" relatively speaking - I just survived Summary judgment in 4 US Dist. Court 42 U.S.C. §1983 CASES, ONE IS A medical 8th Amendment CASE. No Easy feat in here.

The latest hat button ticket item is Prison Slave Labor. IN Oregon's Bill of Rights, Article I, § 34 Before Now, offered No more protection than The 13th Amendment to The U.S. Constitution. This Election cycle, The Oregon Voters passed Ballot MEAsure 112 which Changed Art 1, § 34 to offer greater protections by EliminAting the words "Slavery or INVoluntary Servitude Except As punishment for A crime." However, in 1994 , when that wording was still in Effect, some legislator drafted BM. 17 : which the voters passed , And It WAS ratified AS Article I, §41, of the Oregon Bill of Rights which basicAlly Exposes forced INVoluntary servitude! To “be Accountable" And offset costs for the tax payers. All it does is line the states pockets ! Nuff said !

If you rESEArch Prison slavery in say China, our Media exposes it As A gross human rights violation And An Affront to democracy - but if you look up Prison slavery in America It is portrayed AS A VERY sound public policy, And NEEDS to be encouraged where the media reports it should end immediately in China !???

ONE of the primary issues WE as pro se litigators come up Against more so that retaliation - and not mentioned anywhere in issue No 6 is judicial bias! It's blatant and obvious ! ONE of my claims had to do with retaliation for accessing the law library ! An open and shut case ! The housing regulation in Effect at the time stated we were to sign up for law library Access on the hours during two way line movement . A probationary TRAINEE Was in the control point! HE was handing out the shower sign up clip board so I got in line for the law library sign up clip board; which served No more of A "SAFETY And SECURITY" issue than heading out the shower sign up did?
The Corporal who was "in charge", an African American Female - but ONE NEEDS to understand - They are far And FEW between in Eastern Oregon! It's "red Neck" Country! So, she had A REAL BIAS/ discriminating toward white males! ON A total power trip! She's standing by the book shelves 75' Away! The Trainee, when I reach the control point informs ME for the first time " [redacted] told ME Not to hand out the law library clip board during two WAY line! You'll have to wait until two way line is over. So, I sat at the table nearest the point and waited! After two way, I re-approach the control point at which time corporal [redacted] comes running up And orders ME to cell in for requesting to use the law library during two way line ! And issues a conduct order with A 72 hour cell in ! An Adverse Action, because of my Expression of my 1st Amendment right, chilling my ordinary firmness to Exercise my 1st Amendment right to access the law library, and failed to advance a legitimate correctional goal! An OPEN and shut CASE ! So one would think ! But No ! The judge granted her summary judgment !? ! - Judicial bias ! The solution ? Until Judges And ADAS And DAs are stripped of Absolute Judicial immunity Allowing them to set Extra judiciously "Above the law" This sort of utter hog wash will continue !

Any thoughts would be Appreciated - I will of course be Appealing that ruling! It is A bad ruling - I NEED to first play out the still viable claims, file A motion to reconsider, then RACK up A $ 500 bill Appealing the decision!

What I don't get is why WE Aren't reimbursed that fee when WE win the APPEAL.
WELL, I could write A book, but Another time perhaps. I'm working on A claim to RENDER Art. I §41 Unconstitutional As Applied Now that Art I, §34 has changed.
IN Solidarity, Mit Freundlichen grüßen,
Michael James Evans
PS. If you quote ME feel free to use my full NAME .

For immediate release. USE of my Full NAME Authorized. - Michael James Evans [redacted]
Mr. Michael JAMES EVANS [redacted], OR, March 26, 2023


DEAR READER,
Greetings And salutations! From the front lines! I'VE BEEN so buried in legal work I’ve Not had much time to write, but I caught a lull in time, and felt sending in my 2 cents would be timely.

Just received Issue No. 7, February 2023 JLI update not too long ago .. First- Yes! I'm down for the PEN palProgram! Sounds like A positive thing! So, put me on the list by all MEANS!
So, upon reading this Last JLI update- Am I the only one who’s aware that simple JAVA script IN the Websites HTML code will prevent " Copy PASTE" from the sites contents ... Surely Not? I've used Java script that displays A "Copying Not Authorized"- Or however you want it worded pops up-And blacks All right click copy functions! The script is Easy Enough to find - Find A proprietary site that uses it, click the "VIEW site Code" in your tool bar of your browser, And look for the Java code! Which it SELF CAN be (ironically) Cut And pasted. EASY PEASY Lemon Squeezy!


[Redacted] (p. 5) HAS my Empathies on the Retaliation he's suffered out of filing civil litigation !- Been there, done that! And bought the T-shirt As. it HERE ! ON October 6, 2010, I was transferred- to the "shit hole" of Oregon! SNAKE
Rivers Administrative [ long term] Segregation [SolitAry ConfinEMENT] Unit (ASU.) A. K.A. "Ash" for 148 days - during which:
1.) My must have station drugs to keep my sky high cholesterol and LDL LEVELS under control WERE cut off! And Not reinstated until 6 months After I was returned.
2.) Forced to use a literally y rotten mattress- foam rubber- Soaked in dried bodily fluids of Every description that so wreaked it MAde staff gag to enter my cell.
3) you're locked down 23- 24 hours A day! 7 days A WEEK! You's hand Cuffed Any time you LEAVE your cell .
4) Attomey visits Are behind glass!
5) Showers - yours forced to stand in A bio-hazard cess pool while
cuffing- decuffing: I'm run off the bodies of others with HIV, Hep-C! And Athletes foot -dry, cracked, bleeding feet are common!
6.) Doors are hermatically sealed to prevent any communication with other prisoners.


Why ?- for filing Grievances on an 80 yr old Corrections offices IN the Throws of Alzheimers! Who was Easily manipulated by nefarious Adults in Custody (AIC)!

And on February 28, 2012 to DEC. 19, 2013 - 654 days! Again to A.S.U. (ASH) For ? Adding A one Sgt. [redacted] as A defendant (count 3) to United States District Court, Portland, Oregon Division; No. 3: [redacted] To date still Active! The currently oldest Active CASE in the 9th Circuit! I later Added hearings officer [redacted] (retired) to CLAIM IV (4), for violating my rights to due process !
I Added And filed my Amended Complaint on January 9th, 2012. naming Sgt. [redacted] for his retaliation of my grieving his violating my right to Access the unit’s law library- At that time consisting of monitor (Dummy Station) And key board w/ mouse running Nexis lexis, and in another room an old Electric Brother's brand Type writer. He denied me access improperly- And was rude and unprofessional about it! So- I sent An inmate Communication form to his superior - Capt. [redacted]- Who called him to his office to address my grievance- The state would later argue it was Not on An official grievance form - The 9th Circuit shot that down - Bradley V. Hall _ F3d (9th Cir.). The basis for Claim I was based originally on the fact that sgt [redacted] issued a disciplinary report for my "impolite choice of words" to his superior describing his behavior - to his superior- Not to him !- And therefore protected speech within The 9th Circuit. - Again Bradley v. Hall, 64 F.3d 1276, 1279-81 (92(0. 1995).

ON JANUARY 26, 2012, we had a laundry line movement, that was completely uneventful! On January 27th 2012 the "Good Squad" came on to the Unit at 9:38 Am during a lockdown, came to my cell, ordered me to submit to restraints and escorted me to the disciplinary seg, claiming I'd violated on JAN. 269, 2012 the following rules of prohibited conduct: Assault I, Assault I, Extortion I, Extortion I, Disrespect I And II Etc Claiming I'd Extorted A Russian Nath in no-Pycka. - Russian - Speaking Russian. My Russian Is thent. - but he And I WERE Not in temporal proximity to Each other-At the time / place in question - I was also alleged to have threatened to Kick [redacted] Ass" All At 3:15 pm during Laundry lime movement on 1-26-2012 !- Of which the 2 security cameras At Either and of the room would have easily proven had not occurred.


At my eventual disciplinary hearing, I was denied witnesses and also denied exculpatory video evidence! Hearing officer [redacted] citing his " many statements" from " Confidential informants- stating that I had done the same acts on other dates/times: NOT stated on the charging instrument" I received - And he stated his denial of my requests for witnesses And video, as even if they proved me innocent of the listed offenses At the time / And Date- stated on the accusatory instrument I received - (Disciplinary Report) He had sufficient "CI." statements to find me guilty of having committed the Acts on times / dates / locations I WAS NEVER made AWARE of! Clearly violating my rights to due process - for which I won summary judgment as to claim IV (4). But the lower Court improperly granted [redacted] "Qualified Immunity - claiming I had used "unpolite words, and my "grievance" wasn't on an " official" grievance form - which the 9th Cr. overturned. The state then tried to limit damages to his Actions of 2011, but since he
set into motion sets that others them Acted woon - Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978) And because there is No "Bright line rule" in the 9th Circuit between the time of the protected conduct, And the time Retaliation commenced- And [redacted] knew or should have known others would set to violate my rights - he's Liable!


The Courts Consolidated my 4 lawsuits - [redacted] The last being my medical lawsuit - where they very damn near killed me! - Knowing my cholesterol levels were up in Nose bleed
territory- 410-435; should be under 200! Cut my statens off Again on May 31, 2012- for 6 years! My 2 Anterior Coronary Arteries - WERE by May 2017 80% occluded- The occlusions are diverse throughout-Not localized !- My heart main Coronary artery is 100% occluded! I could run without coping with A heart Attack.
IN MAY 2017, still off my stations - through the close I had received when I
did - Labs proved were below - WELL below- levels that WERE Effective / of NO Efficacy!
So- basically they continued treatment they knew from labs to be ineffective! - Which in my mind is no different from cutting me off completely! - GREENO V. Daley, 4141.3d
645, 655 ( 7th (ir. 2005) - medical care that is so cursory AT to Ament to No treatment At All!
When I complained About having Angina And Ami's - Medical palmed me off on to Behavioral health Services - because they didn't treat - get this- "Panic Attacks" without having run A Single test! Not Even An Enzyme test for A specific enzyme that is produced during a heart attack! Idiots! - Delaying any real tests by 8 months! I did Not RECEIVE AN Angiogram until December 7th, 2018 - When I was barely awake


They shoved A clip board in my face, And said sign This RELEASE for surgery Tomorrow or you're going to die ! ON December 8th 2018 I underwent An Emergency triple Coronary Artery bypass graft (C. A. B. G). Directly related to the Retaliation! : 04 ...

So- The lower court- I refused to Allow this biased piece of she-ite Magistrat. judge [redacted]- I think he's some terrorist cell member- made SEVERAL Errors of law- like failing to tell the time it took me to fully Exhaust 2 grievances pursuant to 12 U.S.C. 5 197e (a) - Brown v. Valoff, 422 F.3d 926, 943 (9 0 Gr. 2005) ( Not referring to state law but relying on Harris V. Hegman, 198 E.30 153, 157.58 ( 50 Gr. 1999) Which did). By doing so - refusing to toll that time- he put me outside - Just outside of the two year limit from the last "medication incident" to Allow me to utilize the "Continuing wrong Doctrine" So, I filed objections to his findings And Recommendations ~ before I was granted Appointment of Pro- Bono Counsel, who very recently wrote me purely to relay the states " request" that for the benefit of expediency, I dismiss my -or withdrawal my objections - Which- yeah- Not happening!

ON other News - fingers crossed, I'll be out soon! More on that later. First, I was reading, And wasS disappointed in the fact that [redacted]- Imagining Freedom Transcript Thursday, Feb. 23, 2023, 4:00 -5:15 pm Et .- (p.3) Spoke on Oregon Voters - IN Not so many words~ changed The wording in the Oregon Bill of Rights - inaccurately- in my view- Article I, section 34, The U.S. Court. Equivalent of the 13th Amendment. Removed the wording that Allowed "Slavery And Involuntary Servitude” in the Oregon Constitution- When they voted in support of Ballot Measure 112. But [redacted] made no mention of Article I, section 41 was allowed to remain in tact! Voted on under 1994' Ballot Measure 17- the wording of which was Allowed in under the old wording of Art. I, 534; Which has Now changed! Art. I, 541 Amounts to voter Approved Involuntary Servitude! Now Unconstitutional! As BM 112 changed the actual wording of Oregon's Constitution, you'd think it would be considered a "watershed" Rule" And thereby retroactively applied, but Oregon's prisons are now relying on Art. I, 541 to continue business as usual! I grieved the practice as unconstitutional as applied, but it's been 55 days W/ No response- Which I should have received After 35 days! Yes-I sent reminder to
the grievance Coordinator ! They're slow playing ME ! - Because once I'm out , I can't Sue them over it ! Because it won't Apply to me - Even though I suffered under it? So - my "Unicorn" CASE; What I Am Now closing time on was mostly Dismissed - As part of A PLEA NegotiAtion, My Appellate Counsel Screwed up- since corrected 11 years later for I.D.C. of Appellate Counsel - who left ? counts " on the table", as it were. The other 8 counts were remanded for retrial, on 1 of 2 "victims" the 2nd "victim"- counts 13+14, Were reversed for resentencing, but the reasons for the 1st ' Victims Counts being over turned properly applied to 13 And 14 as well. So, before I had counsel, I filed a demurrer on 13+14,
Later my Assigned counsel came to me with a plea negotiation from the DA'S office- W’ell dismiss All counts on " victim 1" in exchange for my dismissal of my motion for demurrer. So- State v. Dinsmore, 200 Or. App. 432, 116 P. 38 226 (Or. App. 2005); Affa, 341 Or. 1, 147 P.30 1146 (2006); Accord, STATE V. Ritchie, Job Or, App. 622, 475 P.30 903 (Or, Ap. 2020), relying on Sautobello V. NEW York, 404 U.S. 257, 92 5, Ct. 495, 30h Ed. 2d 427 (1971). Dinsmore held "The trial count locked the Authority to revive charges that had previously been dismissed pursuant to plea negotiations. - But they nonetheless threatened ME !- I can PLEA guilty to 13+14- of with both were reversed for remad back to PER to determine if they could " REVIVE" the previously dismissed counts, because the App. Ct. claimed it was not informed as to whether they were blocked from doing so or Not- So, the state threaded to revive them if I didn’t plead to 13 and 14 :- The state was technically informed of the charges on 28th of Sept. 2005, but I wasn't indicted until Oct 28, 2006. The changes were dismissed May 9th , 2012. So- the statute of limitations At those times was with 12 years of original knowledge - Under Dinsmore , And Ore. Art 1, Section 21 And Art 7, 55 (3) (Amended)- requires the State to SEEK A whole NEW indictment before A Grand jury! So- I'm thinking the "clerk" ran from sept. 2005 to Oct. 2006 and from 2012- May to date - the State is Now time Barred- Stogner V. California, 539 U.S. 607, 123 SCH. 246, 3564.EX.2544 (2003) discussing Ex Post facto protections., Oregon Extended it's statute of limitations in 2015.


So, I've done time in two cases - A bogus Assault case! The DA in violation of Brady v. Maryland, 373 US 83 (1963). Suppressed evidence proving that my so called victim - received NO injuries ! I was literally Arrested by the officers own Admission without probable cause! Like that was just NO big deal! Then Arrested on Misdemeanor Assault 4- One Count - After my illegal Arrest - Then in booking illegally ASSAULTEd! SEE USDE Case No. 03:07-0-0532- BR. And falsely Charged with Assault on A public SAFETY officer! - Later dismissed When he was A NO show- his only Failure to APPEAR out of 50 subpoenas! He suffered No criminal repercussions for it! And the DA suppressed A supplemental report used to record A "victims" injuries! None! WE found it 8 months- after my Conviction! The DA upped my Assault 4 to 2 felony Assault IIs!


Count 2, Assault2 And Count 14 of my other case were only Allowed by A racist faux pas of Oregon Law Allowed since 1934. 10-2 of 11-1 Felony Convictions! Until the US, Supreme Court over turned it's Earlier holding in Apodaca in Oregon, 40 6U.S. 404 ( 1972), Finally in 2020 - Evangelista RAMOS VI Louisiana, U.S_(2020) holding it was just plain flat wrong and racist! And has been for too long! Period! There IN WatKins v. Ackley, OR ON December 30, 2022 The Oregon Supreme Court held that it would
Apply Romos retroactively back to 1934! So - it Effected Counts 2 And 14! Yay !- If dismissed I get sooo much time back , that even on the off chance I'm retried on Count 13 - which double ; Jeopardy is Attached to -And will likely be tossed at my April 18th hearing! So- Jin About out of this shit hole! I will however Keep in touch- I have A tentative job offer As a paralegal once I'm out! - They’re familiar with my legal work! I get you all my change of address once I have one! Until Later . I remAm - Mit Freundlichen grüßen [redacted
.

Mr. MICHAEL JAMES EVANS [Redacted] OR. [Redacted] 6-13-2023

DEAR READER,

Greetings And Salutations from [redacted] the land of perpetual darkness And NEAR despair. - [Redacted]

I just turned 56 last month , robbed of my 40's And over half of my 50's, but I finally have A light At the End of my tunnel . My official RELEASE date is Not until May 5th, 2032 After ONE significant direct Appellate Win on the 2nd of 2 unrelated CASES. Both ARE / WERE comprised of bogus charges ON NON-Existant criminal offENSES . The Oregon justice system is Very Corrupt , heavily rEliEnt on over charging , police misconduct comprised, in my ExperiAnce of Assisting other fellow "campers" AS A jail house Lawyer; of mostly Arrests without probable cause that officers Are so SECURE with , they openly on the face of the record in open Court Admit that they "detained" the suspect - hand cuffing , And placing in A squad car which Effects An Arrest in Oregon; "to secure the scene " before they have Enough to Actually Arrest - Even Though They Already legally Effected one!

And No one - Not Count Appointed Counsel, Knowing who butters their bread, Not the prosecutor, Nor the Count itself so much As bats An EYE! Even though legAlly rENders Any Evidence seized beyond that point inadmissible "fruit of the Poisoned tree." SEE STATE v. MEdingEr, 235 Ore. App. 88, 230 P. 3d 76 ( Ore. App. 2010] ( Hand cuffed, placed in patrol CAT); Accord, State v. WEcowinski 179 Ore. App. 522, 527-29, 40 p. 3d 545 (2002); State v. Morgan, 108 Ore. App. 138, 142, 806 P. 2d 713, rev. den. 312 Or. 235, 819 P.2D 731 (1991), Unless justified by A credible threat to officer(s) safety, STATE v. Reinhardt, 140 ORE. App. 557, 916 P. 2d 313 (1996).

Prosecutorial Misconduct by order of magnitude I'VE SEEN ranges from most prevalent: Multiplicitous indictments, charging A single counts SAME INsident, under different legal theories which violAtes 5th Amend , 14th Amend, Double jeopardy Clauses , And results in over sentencing! To out right Brady Violations! It's So bad that despite laws requiring prosecutors to correct A conviction That WAS Achieved SolEly through the withholding of Material Exculpatory Evidence, they perjure Themselves denying it occurred while looking At it! When discovered .

IN my CASE , I WAS in the process of verbally only Evicting A Very unscrupulous young lady ( 21 yrs old ) from my residENCE on September 10th 2010 . A PASSERby heard her yelling And whining, begging me Not to kick her out of MY house! - I was 39 At the time. The passer by called 911 grossly over stating What they heard, Not one of the other 3 Adults in my home At the time called 911! They Knew No one WAS getting out of hand.

So, when The OVER Zealous officers Arrived heAded by sgt. [redacted], A FEMA-NAZI! IN EVERY since of the lAble ! NOW, don't get me wrong! I worked As A licensed Para medic for 9 YEARS before going into Nursing. During that time I Knew And worked with many fine, good heartEd officers! But I Also met bad ones who operated Extra judiciously, on their own improper Agenda! [Redacted] is / WAS A true FEMA-NAZI! They Entered my home with out so much As Any Knocking And No Announcement As to identify As "police" or intent, or Actions Just opened my door, rushed in! Found - ME, 10' from [redacted], who WAS sitting crying on A love SEAT, A glass top coffee table in between us, ME Empty handed: The officer - [redacted], falsely claimed An "Emergency Exception" to So Enter - No Warrant ! Claiming she "heard" An Assault in progress !

[Redacted] WAS just sitting there! I, CALM, fully co-operative WAS yanked out to my front porch , patted down, cuffed, - will , cuffed first, No weapons found ! I stated up front that they were Not to search my house without A Warrant! - MAtlock v. United States, 415 US 164, 173, 965 Ct. 988, 391. Ed. 2d 242 ( 1974) ( A co-occupant did Not have the Authority to consent to search of premises that were jointly controlled or occupied if the target of the SEArch was present And Non- Consenting ). Yet that's precisely what happened when they seized my legally owned guns! And I'm put in A CAR! Before Anyone WAS Even questioned! Before Any facts were Established!

So, here's this dirty cop in my house, Asking [redacted] what happened? She initially told the truth!"- "Nothing! Nothing happened, he just Kept telling me to LEAVE!" So, [redacted] proceeds to play mind games with her, it's Evident that she doesn't want the hassle of being homeless So [redacted] plays on that! First [redacted] repeatedly Asks to speak to me. [redacted] refuses telling her I'm in custody! - [ for what ? ] Then tells her - This is in The incident report! - " Well, if you don't tell me what he did to you , And I LEAVE herE , And he Kicks you out, I can't do
Anything to help you! - After 15 minutes of This- [redacted] lied! Stating I'd hit her.

Very Long story short while being booked in At [redacted] ON 1 count Assault 4- A misdemeanor, I'm illegally Assaulted in booking !- see U. S. D.C. Portland Ore. Case 3:07-CV-01532-BR maliciously charged with " Assaulting A public Safety Officer" A class C felony! - Latter dismissed when the officer who lied- video proved it-failed to Appear! His 1st "F. T. A." out of 50 subpoenas he'd received to that point!

2 WEEKS later , The DA. suppresses A supplement to the officers Incident Report Containing depictions of front And back of A body in Anatomical position that indicates Accurate representAtions of location And type / Mechanism of injury! - A "Family Abuse Supplemental Report" (FASR )

[Redacted] filled one out - only problem is Not one of the injuries testified to at my trial some 7 months later, is on That report! [redacted] swore on the stand the rEport did Not Exist! She didn't fill it out because it didn't Exist At the time I WAS Arrested! But swore [redacted] WAS covered in bruises! (Not on the Report!)

No photos were taken At the scene! Photos showing 2 bruises on her upper left Thigh were taken 4 days After the fact!

It took my family A month to rEAch my house - I'd been robbed blind by [redacted] And The other Adults present that Night! who At that point All had motive to put me Away to make my suing Them Next to impossible! Fucking Nightmare !

By The time I went to trial Everyone of them lied their Ass off! Well, one was honest And stated No Assault had occurred!

8 months After I'm convicted, my civil counsel found the suppressed F.A.S.R. 28 days After that Arrest, I WAS secret indicted To point me black following the illegal Assault in booking that Night- on 15 bogus Counts of SEX charges in A completely unrelated case.

And my Court or other wise state Appointed Appellate Counsel do All they can to sabotage my Brady claim - The PCR Court denied my Petition for relief flatly ignoring the fact it Existed was "impeachment" Evidence And therefore Constituted "Brady Material" Evidence! YEAH! And Even though that And the ExculpAtory Nature of the Evidence WAS Argued before
The state Appellate Court - They upheld the PCR court's decision! But up to that point I had fought so very hard to Exhaust the Issue in the state Appellate Courts only to have my counsel on STATE Supreme Court REVIEW drop the ball After SWEAring to me he would be sure And dead Certain to include my Brady violAtion in his state supreme Court petition for review. - He didn't! HE screwed me!

I None the less filed for HabeAs . I had Argued the Brady violation AS A "Structural Error" on Direct Appeal pro se. All the way Through State Supreme Court! But they shot it down because it wasn't preserved At trial-but they Also didn't Apply my petition for REVIEW to my PCR Case As required of Pro se filing which Are supposed to be viewed And Applied "LiberAlly" And Not held to the strict standard of AN Attorney's filing - Erickson V. Pardus, 551 U.S. 89, 94, 327 S.C. 2197 (2007) The state Supreme Court should have Applied my prose brief on direct appeal on REVIEW to the Post PCR Review - much As when A prose litigant files A $1983 that was clearly MENT to Act AS A HabeAS Petition And SUA sponte lables And Applies it As such. But that didn't happen, this "pro-Establishment" obviously biased judge chose Not to so Apply that standard.


The SEX charges? My rights At trial WERE so obviously violated that all but 2 of the 9 surviving 15 counts were reversed, remAnded And dismissed when the Alleged victim recantEd And refused to retestify! All of the counts should have been over turned in 2010 - but for An Error of some magnitude by my AppEllaTE counsel , the 2 remaining counts took 12 years to over turn based on That Attorney's " InEffective Assistance of Counsel. After the P.C.R. Court made A ruling that had Nothing to do with our raised issues! It did so knowing it would delay the inevitable for years! - over A decade by the time it reached the state Supreme Court And got Kicked All The way back down IN The height of Covid when The Courts were closed And backed way up! Those 2 counts were finally over turned on march 9th 2022. But won't be briefed until June 30th 2023 !- or Orally Argued until August 1st, 2023! Not in Circuit Court! But in the PCR Court Again! Oh, they've been over turned ! But Now The state is trying to revive All counts! Which won't happen! It's just BS. Tactics to drag things out!

I had filed A Motion of DEmurrer on Counts 13 And 14. Arguing they were directly tied to the INAdmissAble Evidence Admitted before the jurors who were No less prejudiced by it As to 13 And 14.

My public pretender comes to me And tell me [omitting the fact the "victim" on Counts 1-5, 9-10; recanted And Along with Another key witness refused to retestify! Knowing they had Lied ! I didit LEArn this until much Latter ! Like 3 months Later!

And he tells ME; " The prosecutor is offering to dismiss All counts on [redacted] if you'll dismiss your motion to demurrer on 13 And 14 on [redacted] ...

And it won't Effect your' Ability to continue your' Appeals on those 2 counts - omitting those Appeals would be dragged out going on 13 years!!!

Clearly - our system is shoddy And broken, but because it WAS A Non-PLEA contrActual quid-pro-quo Agreement with An offer, Acceptance And consideration, its Legally binding under Oregon Contract LAW ( Statute of Frauds).

Having been founder / CEO of AN Import / Export "S" corp. Pacific Sun Imports Inc. I know A thing or 2 About U.S.C., Foreign trade, Etc contracts. And NOW my case is basically being hung up And dragged out by this ridiculous belief by The STATE that they CAN re-nig on their Contract And REVIVE those dismissed counts. Which WE give Oral Arguments on Aug 1st, 2023!

As for my Assault II CASe- 1.) Brady Violation- Suppressed report that should have recorded the "victim's injuries" - Showing Nothing testified to ! 2) Multiplicitous Indictment was used - IN A Motion to Exclude prior bad Acts my trial Counsel Noted " Mr. Evans is charged with one count of Assault in The second degree x ? different Theories , some incident .".

Under Oregon Law ORS Section 163 .... Assault 2nd . (1) person Commits The crime of Assault in the second degree if the person :

a.) intentionally or Knowingly ( Very high standard of proof ) causes Serious physical injury to Another ; (b. ) intentionally or Knowingly causes physical injury to Another by means of A deadly or dangerous WEAPON; or (c.) Recklessly Causes Serious physical injury to Another by MEANS of A dangerous or deadly WEApon under circumstances of Extreme indifference to the value of human life .

(2.) Assault - in The second degree is A class B felony.

The jury found me guilty of 2 counts! - ONE on Aug. 15, 2006; the other - Non unanimous 10-2 on Sept . 10 th , 2006.

By A fluke of racism - in 1859 when Oregon became A state, Actually, Oregon, Washington And Idaho's state Charters listed them As "White Only" STATES! IN 1934, Oregon voters, After A Murder trial involving foreigners didn't result in A hanging - passed A Ballot measure Allowing 10-1 or 11-1 FELONY Convictions - vs - 12 jurors All,

So - put 2 African Americans on A jury And hang the black man! Only Murder was An Exception requiring A unanimous conviction ! But God help you if you were black And Accused of raping A white woman!

Even NOW AVEAS of Oregon, Prineville, Oakridge, Rice Hill, if you're Not white - you don't let the sun set on you! Really ! It's worse than the South ! I'm caucasian - but still, I was subjected to this messed up law! And illegally Assaulted in booking ! It's on Youtube! If you search my Name on www.PortlandMercuryNEWS.Com Archive you'll find "Fed up,"EyE for An EYE." Etc, ONE of the stories has A link to the video or Just SEArch my Name on YouTube, blacks Are Not the only ones unjustifyAbly brutAlized by over zealous cops!

Any how IN 2020 - To NO heavy NEWS coverage , Evangelista-RAMOS V. LouisIANA Ended Apodaca V. Oregon, __US__, doctrine, Ending NON- unanimous juror verdicts in Oregon And Louisiana! Unconstitutional And heinously racist! O. K. Great! But then under the U.S. Supreme Court case to follow Edwards v. VAnoy The Court held that under the current Retro Active doctrine, Ramos would NOT be Applied retroActively IN Federal HABEAS proceedings .. But states - OR And LOUISIANA Could make their own decision As to Retro-Activity Application

ON December 30, 2022, Watkins V. Ackley, 370 Or. 604 (2022) WAS ruled on holding that the Ramos , U.S. Supreme Suit holding would be Applied retroActively back to 1934 - So long As your jury WAS poled to determine NON- unAnimity. So, it Applied to Both of my cases !

So - legAlly I had " hung juriEs" As to 2 counts - one in EACH CASel So - I WAS NEVER found "Guilty", "Convicted" on those Counts - 2 And 14. Under the 9th Amendment we Are "presumed innocent" until and unless we're duly convicted! So - how does A Court have jurisdiction to Over turn, reverse And remAnd A charge you weren't convicted ON?
Hmmmm? With time served , minus tuie from those 2 - I shouldn't even be HERE !

Now- Given Count 1 Assault II, was Attributed to Aug. 15th, I took A close look At the Evidence presented to support that count ... Turns out the Only Evidence comes from Tr. 280-81. "He hit me A couple of times" "Q. IN the bedroom?" "A. YEAH" - That's it! Period! No mention of Any "Injury" Nothing! Just "HE hit me A couple of times".

At Tr. 361: " Is it possible that you got that bruise [on photo taken 4 days post Arrest] (faded) prior to the 2 weeks [ August 27th]? "A: NO!"

So - There's NO Evidence of Any "injury" on Aug. 15Th, 2006! So, the conviction LAcks the NEEDEd predicates to support the conviction!

Which going by "Judgment" case file date 09/11/2006. Dist Att. file No. 20929887-IV Case NO. 060935098 Count one Assault 2nd Degree - constituting Domestic Violence Or. Rev. Stat, 163.175, A Class B Felony committed on 08/15/2006. Count 2 Attributed to 9/10/2006! - That's Non-unanimous.

Am I the only one who sees something wrong here? So, I'm filing motions to dismiss All counts on Various facts - AS Above stated. Once I'm back IN court for "resentencing" on Count 2. Of course I'll file As soon AS I'm on pro se status.

IN my time down I've been committed to teaching myself Civil And criminal law, And have filed 6 - civil suits in Federal Court that for the most part survived summary judgment. And just ran 4 through At one time - All survived Summary judgment And I Now have 2 in state count, One in Oregon - suing A LAw Attorney! Malpractice, NEgligence, which Are close to the same thing ! - Breach of both Oral Contract And for Breach of Novation in writing to A ContrActual relationship, causing A Known foreseeAble injury / damages to my finances!

And I'm Suing US. BANK in NEVADA for cashing A 3rd party check with my forged signature on it! for $60,000,00 d just received Notice from them - NEVADA LAW requires discovery within 21 days by the Plaintiff of Service of Summons. I served 150 pgs of Exhibits on them with Service of summons And Complaint. They Asked for A 30 day Extension to confirm my documents Authenticity before settling- June 20th.

In 2010 - No, 2011 & had A seargent deny me Access to the law library, who Allowed Another to monopolize it, & filed A grievance on A "Kyte" to his captain. He then chose to retaliate! On 1/9/2012 I Added him As A defendant to An Already Active law suit, for retaliation . ON JAn, 27, 2012 I'm "Escorted" from my cell to D.S.U.- Disciplinary SEg. Unit. for- Assault 1, Assault 2, Extortion 1, Extortion 2, Disobedience of An Order And Disrespect 1. Why? For An Altercation in the day room that occurred during A Laundry pick up line movement where it was Alleged on January 26th, 2012 I Extorted in Russian language - Russian National [redacted] [ I SPEAK , read And write fluent Russian] That became An Altercation in the day room [ where there Are 2 cameras] And As further Alleged I "Threatened to Kick [redacted] Ass"- The sgt. who I filed on! - And verbally threatened to sue 2 guards [redacted And [redacted].

I requested in writing And latter Verbally Numerous witnesSES, And video footage from both cameras At opposite sides of the day room. To both the O.I.C. And the hearings officer to prove that There WAS NO Temporal proximity As to time / place Alleged ( 3 pm - 3:15 pm) between myself And [redacted] on 1-26- 2012 from 3-3:15 pm !-
Now- we have A due process right to Notice of All charges At LEAST 72 hours before your hearing! [redacted] (Ret.) denied me the video citing that Even if it proved I was innocent of the charges on 1-26-2012 3 - 3:15 pm. He had Enough information / statements from C.I.S That I had done the same things At other dates / times NOT ON The write up to find me guilty !- I got summary judgment on him for violating due process !- But the Court granted [redacted] immunity ! - Improperly! See ECF No. 226 3 : 11-w - 00272 - MK ( ST) . Out of Portland , Oregon U. S. D. C . JAM 20, 2015.

I got 30 in DSU , then transferEd to [redacted] in [redacted] Oregon's ASH - Admin SEq. Housing Unit - long term solitary ConfinEMENT. for- 654 days straight ! - Why ? - They couldn't produce one !

I had to Appeal Twice to the 9Th Circuit Court of Appeals ! Twice They over turned [redacted] immunity granted by the lower count ! It's still An Active CASE! - I'm Asking for damages to include that 654 days pursuant to Johnson v. Duffy, 588 Fied 740, 741 (954 Cr, 1979)(? Date), And Another 9Th Cir. holding that there's No "Bright line Rule" between the protected conduct And the Retaliation! John holds that the person who set into motion Acts or Actions he Knew or should have known others would Act on to commit Violations of your rights is liable!

ON MAY 31, 2012, while in solitary, forced to use A rotten foam mattress befouled with All manner of bodily foulNess ! Vomit , urine, Excrement , SWEAT Etc So nasty staff gagged Entering my cell ! - my "station" drug for my Known hereditary Condition of hyperlipidemia - SEVERE hyperlipidemia, Was cut off ! And remained so for 6 years! Until Feb 2018 After I had Anginal Attacks And 3 A.M.I's - NEAR death , I underwent An Emergency Triple Coronary Artery bypass graft on DEC. 8, 2018 ! After I spent A year being told the Augina And AMI'S were " panic Attacks " by the so called Doctors here , And being pawned off on "Behavioral Health Services" O.D.O.C. Version of "mental health".

Despite having chest pains with the least Amount of Exertion, I was forced to work for 7 months or face punitive sanctions, while my coronary Arteries occluded to the point my rEAr main coronAry Artery plaque likely ruptured And completely occluded 100%, my left And right coronary Arteries were 80% occluded! The occhisions were Not "Localized" but diverse throughout the Arteries!

I had to LitterAlly scream At the D.O. here - yeah ! A chiropractor: To get him to put me into the "Therapeutic level of CAre" (TLOC ) Committee to pay for me to goto A rEAl hospital for A stress test ! When I went - All bad ! So , then, - That was Feb. 2018 !- Then June 6, 2018 I had A Nuclear stress test, All bad! Then I had to wait until DEc. 7th 2018 for AN Angiogram! Before I was fully out of the ANAEsthetic they shoved A clip board At me And said "Sign here or you're going to die!" So, I signed the waiver And the Next morning I underwent An Emergency Triple C.A.B.G. And WOKE up in the most ungodly pain imaginable ! Felt Like I'd been hit by A Semi- truck! The pain lasted for months! I still get short of breath! Because I'm in prison I wasn't Afforded the Normal recuperative therapy received by C.A.B.G. patients!

I was in ICU for 2 days, then 3 days on A CardiAc unit, FENTENyl for Pain AS NEEDED, then Kicked back to T[redacted] infirmary And NON codine tylenol! Whoo hoo! Spent 5 days there , then back to my old cell.

So , when I tried to find an Attorney , they were All up to their Eyeballs in Covid cases - riding that train to the bank! I couldn't find Counsel to save my Ass! So I had to draft A 12 usc 51983 medical claim pro se- my Nursing - BSRN - Training helped As did my 5 previous sec. 1983 civil rights filings . I had to get the court to split my Summary Judgment into 2 parts since I had to get An Expert to confirm my reliance on Doctors Do Little and sitmore Amounted to deliberate indifference that caused my injury! So I had to " survive" the first half on my own , And I did! Now A Pro bono Attorney in Vancouver has it And the remainder of 3 other cases! 16-w-00928-MK, 17-w-01162-MK, 11-w-00272-MK And 19-W-01210-mx.

So, I'll get paid on it! Not that A shortened Life span is worth it , But I'll have $ to come out to At least .

Oh- When I was At [redacted] in retaliation over that Lawsuit , you didn't leave your cell without being cuffed ! Cuffed to Rec - Assuming it wasn't the dead of winter - Staff would come by At 5Am - pitch black out, No lights! Freezing cold, Wind blown SNOW, And they only give you A levi jacket - unlined - to wear . So , if you SAY you won't rec - they do Not wait until the sun is up! you - if you're that stupid - go out then And there at 5 AM! They do this because they Know No one will say they want to go out in those conditions ! So you're locked down for 24 hours , 7 days A week All winter! It sucks! And the showers. OY VEY! You're cuffed to the shower, you're locked in, back to A cuff port while standing in A cesspool of water than ran off Who Ever showered before you that has HIV, HEpc , Hep A Etc. And you're got A raging case of Athletes foot, cracked And bleeding because medical is inept And nonexistent - Not functionAlly Existent!

The shower door is see through! No shower curtain! No privacy ! you step up into A modular Metal shower stAll out of the cess pool . then right back in It After you shower, backed to the door to be cuffed And back to your cell ! I don't miss it , I was told my lawsuit forced them to change out the showers And put drAins in so there's No standing water forming A cesspool Now. They Also had A vermin issue in The summer - Ants mostly! They'd be All over you At Night! Argh!

So - NOW I'm waiting for my Appeals to finish playing out, And for my 6 lawsuits to settle out.

I've been with J.H.L.I. from inception. I've Not written much, I initially Thought Jody Polk was offering some sort of distance learning program to get us certifiEd As Clerks or PARALEgals - Not that what you're sent hasn't been useful, but I guess I was Expecting something that would be more frequent And more on An Academic level that was Accredited. Something useful beyond these walls, That would Allow me to go on helping Those in LEGAL NEED. The innocence packet will be helpful I'm sure . I plan to Keep Every one updated once I'm out, hopefully in the NEXT few months! Well see!
Regards
Michael James Evan