Note: This motion and associated papers are as submitted to the Oregon Court of Appeals.

The Brief and Supplemental Brief are also available on line with the record. These is also a page with links to the sections describing events as they occurred.

Hand written entries (signatures) are shown in italics and underlined.


IN THE COURT OF APPEALS OF THE
STATE OF OREGON

The State of Oregon

Plaintiff - Respondent

versus

Brian P. Carr

Defendant - Appellant


Case A132012
Circuit 0923389

Response to Defendant's Opposition to
Motion to Supplement Brief and
Deny further Extensions of Time

  1. The State incorrectly typified the delays in this matter as the result of the Defendant's requests to supplement the record and brief. The Motion of September 18, 2006 requested this relief and would not have delayed the processing of this case in any way (as the State had already requested a 161 day which would have provided ample time to resolve all ambiguities) if the State had answered this motion promptly and not delayed it until June 19, 2007. The State incorrectly filed three further Motions for Extensions of Time (MOET) to answer the Brief when it should have requested MOET to answer the Motion.

  2. Of course it is not clear why it required three further MOET's and over nine months to provide an answer of

    The state does not object to defendant's motion to file a supplemental brief.

  3. All three motions by the Defendant (September 18, 2006, March 12, 2007, and June 5, 2007) asked for the same relief and none have been fully resolved by the court; only the requests to Supplement the Record was answered in the Order of May 4, 2007. The court is asked to grant whatever relief it deems appropriate and then include the phrase 'all other relief sought by the Defendant is denied' or its equivalent with respect to all three motions so that the Defendant can seek relief in other forums as necessary and appropriate.


Dated:

Location:

July 2, 2007

Portland, OR
Brian P. Carr
Signature of Defendant - Appellant
Brian P. Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
503-545-8357

Rspns to Oppstn, July 2, 20071 / 2


IN THE COURT OF APPEALS OF THE
STATE OF OREGON

The State of Oregon

Plaintiff - Respondent

versus

Brian P. Carr

Defendant - Appellant


Case A132012
Circuit 0923389

Affidavit in Support of
Response to Defendant's Opposition to Motion

I, Brian P. Carr, am the Defendant - Appellant in this matter, have knowledge of the facts of this matter, and make the following statements under oath and penalty of perjury.


  1. On July 2, 2007, true and accurate copies of this motion as well as the associated papers were served on opposing counsel in an envelope addressed to:

    Department of Justice,
    Ref: Case A132012
    1162 Court Street NE
    Salem, OR 97301-4096

    with first class postage attached which I placed in a U.S.P.S. mail box located at SW 5th Ave and Stark in Portland, OR.


I certify under penalty of perjury under the laws of the state of Oregon that the foregoing is true and correct.

Dated:

Location:

July 2, 2007

Portland, OR
Brian P. Carr
Signature of Defendant - Appellant
Brian P. Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
503-545-8357
Plaintiff - Respondent:
Department of Justice
Ref: Case A132012
1162 Court Street NE
Salem, OR 97301
503-378-4402


Rspns to Oppstn, July 2, 20072 / 2


This page was last updated on July 4, 2007.