what do you do when a defendant decides to write to the court of appeals to tell them about all the troubles he's having at work because of the pendency of the appeal (state's appeal) and he does not send you copies? i've called the clerk and they've faxed me a copy of one letter (they are referring to it as a miscellaneous motion). they granted another "Miscellaneous motion" without him ever having served me with a copy fo the letter which presumably only asked that the case be heard sooner rather than later. i've talked to his attorney about it several times, but the defendant keeps doing it, and the defense attorney continues to tell him not to. i've filed a generic sanctions motion for his ex parte communications to get their attention (they overruled it) and i've filed a motion to strike his letters as outside the record and get certified copies of what he's sent.

Generally, I just ignore the stuff. That's what the courts do. If they want a response, they ask.

Interesting. Since pro se's seldom comply with service requirements--and their filings usually don't reflect service--you think the court would at least give you the opportunity to respond.

We had a trial prosecutor call the local court of appeals one time to try and find out "what was holding up the appeal." Not pretty.