West St. Paul, Minnesota,
RE: Alleged Noise Violations

City of West St. Paul v. Mary Jane Duchene, 2009/2010

The Long Form Complaint contains only a statement of probable casue, and does not contain the required separate statement and detail of specific accusation that justifies charges being filed, failing which the cse must be dismissed.
Click on images below to read full Long Form Complaint
“Once you eliminate the impossible, whatever remains, no matter how improbable, must be the truth.”
Sr. Arthur Conan Doyle
Image of web page containing calculator:
*SECOND ONLINE CALCULATOR, LINK*
*Related Watts/decibels Calculator*

 "Sound and noise is a very subjective topic with people.  Sounds that are soothing to one person may drive another crazy. One person’s playful puppy may be a yapping mutt to the next-door neighbor. Fortunately, noise is measurable in relation to the background sounds in our environment. Therefore, zoning boards can choose to deal with the noise issue and neighbor concerns objectively, and not just make a decision based on pressure exerted by a concerned but uninformed or misinformed neighbor. ... People often compare various sound situations for their own perspective. The average background noise in a house is about 50 dB(A), while a car driving down a street will be measured at 60 dB(A) at a distance of 300 feet. A “quiet” vacuum cleaner will emanate sound at 70 dB(A), about the same noise level that is attributed to an expressway when standing 100 feet away from it. Nearby trees on a breezy day will measure about 55 to 60 dB(A) on a decibel meter. ... Sound decreases with the distance from its source by the square of that distance.  That is, a noise at 200 feet will have only one-fourth of the intensity as that same sound heard from 100 feet away. Therefore, any sound emitted from a wind turbine will quickly blend into the background noise with increasing distance from the tower."

Application for Public Defender:
http://www.mncourts.gov/ruledocs/criminal/forms/RCRPform47.pdf

FORM

http://www.mncourts.gov/documents/0/Public/Rules/Crim_Rules__APPENDIX_OF_FORMS_eff_10-1-06.htm

Demand Long Form Complaint LINK
Long Form Complaint 7/31/2009 LINK
Initial Motion to Dismiss, inclusive long form complaint provided LINK
Motion to Vacate and Reverse LINK
MOTION TO DISMISS, November 25, 2009 LINK
REQUEST FOR JUDICIAL REVIEW, PREJUDICE, December 09, 2009 LINK
MOTION FOR ORDER COMPELLING RELEASE OF EXCULPATORY EVIDENCE, December 16, 2009 LINK
Memorandum Support Motion to Dismiss of 11/25/2009, January 13, 2010
SUPPLEMENTAL MEMORANDUM SUPPORTING DECEMBER 16, 2009 MOTION FOR ORDER COMPELLING RELEASE OF EXCULPATORY EVIDENCE, January 14, 2010 LINK
MOTION FOR SUMMARY ORDER COMPELLING RELEASE OF EXCULPATORY EVIDENCE, January 17, 2010 LINK
COURT ORDER, received January 18, 2010

REMOVAL TO FEDERAL COURT, JANUARY 11, 2010

Mary Jane Duchene
Plaintiff: City of West St Paul
Defendant: Mary Jane Duchene

Case Number: 0:2010cr00012
Filed: January 13, 2010

Court: Minnesota District Court
Office: DMN Office [ Court Info ]

Notice of Electronic Filing 1/20/2010

REMAND: 2/19/2010

MOTION TO VACATE AND REVERSE OR FOR AMENDED LONG FORM COMPLAINT, INCLUSIVE EXPERT EVIDENCE, March 16, 2010 LINK
 CLICK on image below to print CLICK on image below to print map Animal Abuse Case, Dakota County

http://www.ci.west-saint-paul.mn.us/index.asp?Type=B_LIST&SEC={5AB2A4C2-6052-4911-A
F1B-3C51575DB80A}#{F9B67795-70B5-4335-B2BE-77C50FD85B54}

"Lost/Found Pets

If a pet has been found, and the pet has a license tag, call the West St. Paul Municipal Center at 651-552-4100.  The City has a record of all licenses and owners.  You can also inquire about lost or found pets by calling the petline at 651-322-2323."

http://www.murderbydiabetes.org/

Precedent, Due Process
and Long Form Complaint:

1997 - Dakota County Judge Harvis ruled that
prosecution must amend the long form complaint
to include both a statement of probable cause
and statement of case, or facts showing
basis and justification for the criminal charges.
The prosecution failed to amend the long
form complaint and the case was dismissed.
Dakota County Court file T2-97-24334

John Remington Graham
U.S. Supreme Court, U S v. CRUIKSHANK, 92 U.S. 542 (1875), 92 U.S. 542
COLE V. ARKANSAS, 338 U. S. 345 (1949)
 Page 422 U. S. 818 III This consensus is soundly premised. The right of self-representation finds support in the structure of the Sixth Amendment, as well as in the English and colonial jurisprudence from which the Amendment emerged. A The Sixth Amendment includes a compact statement of the rights necessary to a full defense: "In all criminal prosecutions, the accused shall enjoy the right . . . to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." Because these rights are basic to our adversary system of criminal justice, they are part of the "due process of law" that is guaranteed by the Fourteenth Amendment to defendants in the criminal courts of the States. [Footnote 14] The rights to notice, confrontation, and compulsory process, when taken together, guarantee that a criminal charge may be answered in a manner now considered fundamental to the fair administration of American justice -- through the calling and interrogation of favorable witnesses, the cross-examination of adverse witnesses, and the orderly introduction of evidence. In short, the Amendment constitutionalizes the right in an adversary criminal trial to make a defense as we know it. See California v. Green, 399 U. S. 149, 399 U. S. 176 (Harlan, J., concurring).

Contact DDA

Dog for Sale
905.13. Noisy Animals. A person must not keep, harbor, or maintain at any
place within the City, any animal that by its barking, howling, whining, or
other noises, unreasonably disturbs the peace and quiet of any person in the
vicinity. The phrase "unreasonably disturbs the peace and quiet" will
include, but is not limited to, the creation of any noise by the animals,
that can be heard by any person, including a law enforcement officer or
animal control officer, from a location outside of the building or premises
where the animal is being kept and that animal noise occurs repeatedly over
at least a five-minute period of time with one minute or less lapse of time
between each animal noise during the five minute period.
http://weststpaul.govoffice.com/index.asp?Type=B_BASIC&SEC={E1BEABEF-F6F6-4A