IN THE STATE OF TEXAS
CITY COURT
FOR THE CITY OF MARSHALL CREEK
NOVEMBER 14 2003
LINDA FOSTER
Plaintiff,
v. CITY OF MARSHALL CREEK
MARSHALL CREEK
Defendant.
MOTION FOR DISCOVERY OF MATERIALS
RELATED TO SELECTIVE PROSECUTION
Linda Foster, through undersigned counsel, respectfully moves the Court, pursuant to the Due Process Clause of the Fifth Amendment to the Constitution of the United States of America, for discovery of materials relevant to establishing that the government has engaged in unconstitutional selective prosecution.
The grounds for this motion are set forth in the accompanying memorandum.
Respectfully submitted,
By
22752 Arapaho Re.
Justin, Texas 76247
Telephone: (940) 242-3115
I HEREBY CERTIFY that a true copy of the foregoing was mailed to or handed to city employee Kelly Cates Municipal Court Clerk 14th day of November 2003
INTRODUCTION
Defendant Linda Foster has been issued a ticket for her son, Mark Foster, popping fireworks. This would have been impossible because her son was at home in bed when the alleged code violation occurred. The only witness to the scene could not possibly have seen Linda’s front door as she testified because of shrubbery in the way as the pictures submitted attest.
Not having legal training Linda Foster has prepared this motion to the best of her ability, and submits it, in an attempt to gain a copy of all papers and other evidence if any, so that she can work up a proper defense. And with no help from the employees of the city of Marshall Creek because they want the fine money, and are obviously not interested in justice.
Therefore, Mrs. Linda Foster submits this as her best attempt to submit the proper document go gain access to the information requested.
Submitted this 14th day of November 2003
by Linda Foster.