© Brighteon.com All Rights Reserved. All content posted on this site is commentary or opinion and is protected under Free Speech. Brighteon is not responsible for comments and content uploaded by our users.
The 5 most important points:
1 Cases and Motions:
◦ Mention of cases involving Kurt Benshoof, including non-DV case 656748 and joined cases 671384, 676175, 676207, 676216, 676463, and 676492.
◦ Discussion about motions related to Mr. Benshoof's access to resources while in custody.
2 Access to Resources:
◦ Detailed information provided by Mr. Herzer about the resources available to pro se defendants in custody, such as access to a law library workstation, paper, pencils, and limited use of a laptop for electronic discovery.
◦ Clarification that pro se defendants typically write motions in pencil due to limited access to laptops.
3 Discovery and Legal Assistance:
◦ Confirmation by Ms. Outland that all discovery related to the cases has been provided to Mr. Benshoof, including printed paper discovery and digital discovery.
◦ Mr. Benshoof's concerns about missing discovery due to theft in jail and the need for renumbered discovery pages.
4 Standby Counsel:
◦ Discussion about assigning standby counsel to Mr. Benshoof despite his objections, to provide assistance while he represents himself.
◦ Mr. Benshoof's objections to the standby counsel assignment and his preference for assistance of counsel of his choice.
5 Envelopes and Filing:
◦ Mr. Benshoof's challenges in obtaining sufficient envelopes and postage to mail his briefs, leading to discussions about the need for more envelopes and the court's involvement in ensuring filing of motions.
◦ Issues raised by Mr. Benshoof regarding the theft of his belongings in jail, including court documents, and the impact on his ability to file motions and access discovery materials.
The speaker, Mr. Benshoof, claims to have the right to assistance of counsel under the Judiciary Act of 1789, Section 35. He asserts that this right includes the ability to have assistance of counsel of his choice, even if they are not a licensed attorney or have not filed a notice of appearance. Additionally, he mentions the right to have others file on his behalf under the concept of "Next Friend" as outlined in state and federal laws.





