Judges responses

This was my demand for Jury trial.  Basically the judge denied everything.

District Court, Jefferson County, Colorado 100 Jefferson County Pkwy

Golden, Colorado 80401

In the Matter of the Estate of:

EDWARD HENRY LENCA, a/k/a EDWARD H. LENCA, a/k/a ED LENCA, a/k/a Mr. Lenca

Deceased.

COURT USE ONLY
Personal Representative:

Mary Hallgren

Common Law Wife of the deceased

Mailing address: 752 Knox Ct. Denver, CO 80204

Phone: 720-301-0377

Email: [email protected]

Case Number: 2023PR30170

Division: 11

Courtroom

PLAINTIFF, MARY HALLGREN’S, DEMAND FOR JURY TRIAL

BACKGROUND

  1. In the above captioned case, the Defendant, VIRGINIA A. FRAZER-ABEL, filed her reply dated August 01, 2023, in response to Plaintiff’s response to Stay of Deadlines Pending Court Order.
  2. Subsequent to the submission of pleadings by the parties, the Plaintiff now requests a trial by jury to judiciously determine the merits of this case. As this legal dispute progresses, it is imperative that the parties be granted the opportunity to present their arguments and evidence before a fair and impartial jury. The Plaintiff firmly believes that such a jury trial is not only a constitutional right but also a fundamental tenet of justice, ensuring that the case is adjudicated transparently and equitably. With unwavering faith in the court’s commitment to upholding the rule of law, the Plaintiff earnestly seeks your favorable consideration of this pivotal request.

LEGAL ARGUMENTS

  1. Colo. R. Civ. P. 38(b) provides that “[A]ny party may demand a trial by jury of any issue triable by a jury by filing and serving upon all other parties a demand therefor not later than 10 days after the service of the last pleading directed to such issue.” The case of Machol v. Sancetta, 924 P.2d 1197, 1198 (Colo. Ct. App. 1996), supports this interpretation of the rule and reinforces the right of the Plaintiff to request a trial by jury in this case.
  2. The issues involved in this case are of significant importance and complexity, making it crucial to have an impartial and diverse jury panel to assess the facts and render a fair judgment. A jury trial will allow the presentation of evidence and arguments in a manner that will be comprehensible to individuals with varying backgrounds and experiences, ensuring that justice is served accurately.
  3. The right to a trial by a jury of one’s peers is deeply rooted in the Constitution and is fundamental to ensuring a fair and just judicial process. By exercising this right, the Plaintiff seeks to preserve the principles of due process, impartiality, and the opportunity for a thorough and unbiased examination of the case.
  4. Based on the above-mentioned legal arguments and the importance of safeguarding the constitutional rights of the Plaintiff, the Plaintiff respectfully requests that this case be scheduled for a trial by jury at the earliest convenience of the court. The Plaintiff believes that a jury trial will not only contribute to the administration of justice but also promote transparency and accountability throughout the proceedings.

/s/ Mary Hallgren

Mary Hallgren Plaintiff,

Pro Se

CERTIFICATE OF SERVICE

I, MARY HALLGREN, Plaintiff in the above-captioned matter, do hereby certify that a true and correct copy of the foregoing Demand For Jury Trial was served upon parties listed below, by electronic mail or by placing in the U.S. Mail, postage prepaid, at Denver Colorado, on this 3rd day of August, 2023, at the following address:

/s/ Mary Hallgren

Mary Hallgren Plaintiff,

Pro Se

Dated on this 3rd day of August 2023.

I certify that on August 3, 2023, a copy of this Demand For Jury Trial was served as follows electronically filed on each of the following

Name and Address Relationship to Decedent, Ward, or Protected Person Manner of Service*