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  • Category Archives A Federal Case of Facts
  • Clallam Co SMP Update Laying Down the Law

    FIRST, LAY A FOUNDATION IN EVIDENCE

    A DOCUMENT OR OTHER PIECE OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

    THE SHORELINE INVENTORY AND CHARACTERIZATION PROVIDE THE FOUNDATION FOR THE ENTIRE SMP UPDATE PROCESS

    SMP Handbook: Chapter 7, Shoreline Inventory and Characterization

    www.ecy.wa.gov/programs/sea/shorelines/smp/handbook/Chapter7.pdf

    THE 2010 SHORELINE INVENTORY AND CHARACTERIZATION IN CLALLAM COUNTY DID PROVIDE THE FOUNDATION FOR THE ENTIRE 2017 SMP UPDATE PROCESS.

    LAY A FOUNDATION IN EVIDENCE

    FEB 24, 2015 DEPT. OF THE INTERIOR (DOI), the US Fish and Wildlife Service and the  maritime national wildlife refuge complex (NWRC)

    SMP PUBLIC COMMENT #584   022415 – DeptOfInterior       

     “UNLIKE MANY OTHER AREAS OF PUGET SOUND CLALLAM COUNTY HAS PRISTINE  AQUATIC  AREAS AND SHORELINES THAT ARE IN GREAT CONDITION OR HAVE BEEN RESTORED AND PROVIDE MANY BENEFITS TO THE PEOPLE AND THE WILDLIFE IN THE AREA

    RECOGNIZING THIS FACT, WE SUGGEST THAT THE SMP FOLLOW A HIGHER STANDARD  THAN IS REQUIRED BY THE WA STATE SHORELINE MANAGEMENT ACT’S MINIMUM PROTECTION REQUIREMENT”

    OR…OR….OR…OR…

    PARTICULARLY AN EXPERT WITNESS

    LAY A FOUNDATION IN EVIDENCE, TO PROVIDE TO THE JUDGE THE QUALIFICATION OF A WITNESS (PARTICULARLY AN EXPERT WITNESS)

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    RECOGNIZING THIS FACT……

    AS A CONCERNED CITIZEN OF CLALLAM COUNTY, I DID LAY A FOUNDATION IN EVIDENCE MANY DOCUMENTS OR MANY OTHER PIECES OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

    IN SPITE OF MY LAYING DOWN THE CHAIN OF DOCUMENTARY EVIDENCE ON THE CLALLAM COUNTY SMP UPDATE  FROM DEC 5, 2009 TO NOV 11, 2017.

    WHEREIN: THE GOAL OF THIS RULE IS TO ALLOW PARTIES TO PRESENT ALL OF THE EVIDENCE THAT BEARS ON THE ISSUE TO BE DECIDED

    WHEREIN: PROBATIVE FACTS ARE DATA THAT HAVE THE EFFECT OF PROVING AN ISSUE OR OTHER INFORMATION. PROBATIVE FACTS ESTABLISH THE EXISTENCE OF OTHER FACTS.

    WHEREIN: THEY ARE ADMISSIBLE AS EVIDENCE AND AID THE COURT IN THE FINAL RESOLUTION OF A DISPUTED ISSUE.

    WHY WOULD ANYONE BELIEVE ME?

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    Nov 9, 2017 I met with ELECTED CLALLAM COUNTY DCD Director Mary Ellen Winborn

    We spoke for about an hour…

    The bottom line… pretty much went like this.

    Mary Ellen said, “WE HAVE TO LEAVE THIS 2017 DCD 2017 SMP UPDATE TO THE PROFESSIONALS”…..

    WHY WOULD ANYONE BELIEVE YOU?

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    REALLY, WHY WOULD ANYONE BELIEVE ME

    WHY INDEED,  BECAUSE, A DOCUMENT OR OTHER PIECE OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

    I DID IN FACT LAY A FOUNDATION IN EVIDENCE DOWN THE CHAIN OF DOCUMENTARY EVIDENCE ON THE CLALLAM COUNTY SMP UPDATE  FROM DEC 5, 2009 TO NOV 11, 2017.

    CLALLAM CO SMP UPDATE LAYING DOWN THE LAW

    WHY AM I MAKING A FEDERAL CASE OUT OF THIS?

    THE EPA GRANTED AND FUNDED THE CLALLAM COUNTY DCD SMP UPDATE DRAFT.

    A US ENVIRONMENTAL  PROTECTION  ASSISTANCE GRANT  TO CLALLAM COUNTY WA  FOR PROJECT NO  PO-00J08801-1-2- 3.   IT  COST AMERICAN TAXPAYERS $1,329,915.00 DOLLARS.

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    MAKING A FEDERAL CASE OUT OF THIS……

    THE RULES OF EVIDENCE BY FEDERAL LAW

    Congress in 1975 adopted the Federal Rules of Evidence. The Federal Rules of Evidence are the official rules in federal court proceedings. Most states now also have codified rules of evidence based on these federal rules. Both state and federal rules of evidence serve as a guide for judges and attorneys so that they can determine whether to admit evidence—that is, whether to allow evidence to be observed by the judge or jury making factual conclusions in a trial.

    EVIDENCE RELEVANCE OF ADMISSIBILITY

    RELEVANCE One important benchmark of admissibility is RELEVANCE. Federal Rule of Evidence 402 states, in part, “All relevant evidence is admissible, except as otherwise provided.” THE GOAL OF THIS RULE IS TO ALLOW PARTIES TO PRESENT ALL OF THE EVIDENCE THAT BEARS ON THE ISSUE TO BE DECIDED, and to keep out all evidence that is immaterial or that lacks Probative value. Evidence that is offered to help prove something that is not at issue is immaterial

    PROBATIVE RULES OF EVIDENCE

    Having the effect of proof, tending to prove, or actually proving.

    When a legal controversy goes to trial, the parties seek to prove their cases by the introduction of evidence. All courts are governed by RULES OF EVIDENCE that describe what types of evidence are admissible. One key element for the admission of evidence is whether it proves or helps prove a fact or issue. If so, the evidence is deemed probative. Probative evidence establishes or contributes to proof.

    PROBATIVE FACTS ARE DATA THAT HAVE THE EFFECT OF PROVING AN ISSUE OR OTHER INFORMATION.

    PROBATIVE FACTS ESTABLISH THE EXISTENCE OF OTHER FACTS.

    They are matters of evidence that make the existence of something more probable or less probable than it would be without them.

    THEY ARE ADMISSIBLE AS EVIDENCE AND AID THE COURT IN THE FINAL RESOLUTION OF A DISPUTED ISSUE

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    Behind My Back | Did Clallam Co need an SMP Update in 2010?

    www.behindmyback.org/…/06/didclallamconeedan-smpupdatein-2010

    Nov 06, 2017 · the shoreline inventory and characterization provide the foundation for the entire smp update process based on ecology’s 2010 clallam county shoreline …

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    Why would anyone believe me?

     In a court of law?  

    Why would anyone believe Pearl Rains Hewett, a Clallam County Country Bumpkin?

     In a court of law?  

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     Behind My Back | 2017 SMP Draft New Black Lines and Purple

    www.behindmyback.org/2017/11/10/7347

    Nov 10, 2017 · THE NEW CLALLAM COUNTY DCD SMP Update 273 Page Draft is a very expensive, … Behind My Back + menu- … « Did Clallam Co need an SMP Update in 2010?

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     SAT NOV 11, 2017 WHAT ARE YOU GOING TO DO ABOUT IT?

    THE DEADLINE FOR PUBLIC COMMENT ON THE DCD 2017 SMP DRAFT UPDATE  IS DEC 12, 2017….

    Email your comments to:  SMP@co.clallam.wa.us  Clallam County Board of Commissioners

    What will happen in eight months? who knows?

    Meanwhile this Tenacious Clallam County Country Bumpkin  is doing the usual….

    I’ll just keep making more 2017 SMP Update Draft Public comments,  posting them on my website, and sending around in cyberspace.