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motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for
transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.
Zach Coughlin, Esq.
NV Bar 9473 (temporarily suspended but authorized to practice on his own behalf in Reno Justice Court),
license not suspended before the USPTO
1471 E. 9th St.
Reno, NV 89512
Tel and Fax: 949 667 7402
ZachCoughlin@hotmail.com
Self Representing Attorney Defendant
IN THE RENO JUSTICE COURT
COUNTY OF WASHOE; STATE OF NEVADA
STATE OF NEVADA,
PLAINTIFF
vs.
ZACHARY BARKER COUGHLIN;
DEFENDANT
)
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RCR2013-072675
D5, then reassigned

AMENDED POST-TRIAL MOTION AND DECLARATION IN SUPPORT THEREOF.
Coughlin hereby files this Motion for New Trial (NRS 176.515) and Notice of Appeal of the 10/14/13
judgment of conviction and all other orders ever entered in this case (and especially the 10/14/12 Judgment of
Conviction and Court Order, and all orders made in connection with the 5/30/13, 6/6/13, and 9/24/13 court dates
(it is especially unjust fail to recognize Coughlins filing between 5/23/13 through the 6/18/13 removal of R.
Bruce Lindsay as counsel when Coughlin had not agree to or even applied for any sole counsel appointed
counsel) to the second judicial district court.
NRS 238.100 does provide that any document required or permitted by law or regulation to
be filed by mailing shall be considered filed as of the date of the postmark on the envelope in
which it was mailed.
POINTS AND AUTHORITIES
KEY ADDITIONS: also, as to the States exhibit consisting of a purported jail house letter by Coughlin
addressed to Sgt. Mullens..such was inexplicably filed in CR13-0614, which just goes all the more to Judge
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motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for
transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.
Cliftons improper influence over these matters where Judge Clifton refused to recognize the filings Coughlin
submitted from his jail cell in light of Cliftons in correct (at best) belief that Coughlin was represented in a sole
counsel capacity by Bruce Lindsay, Esq. Goose for the gander, if Coughlins jail house filed Request for
Production, Motion to Disqualify, etc., etc. are not filed in RCR2013-072675, then some the State and RJC
should not be permitted to incongruously side step such approach by inexplicably directing such purported letter
by Coughlin to be filed in some random appeal in CR13-0614.
Am. Jur. Arrest 90. Resisting excessive force Arrest 68(2); Obstructing
Justice 2, 3, 5,7, 8 A.L.R. Library What constitutes obstructing or resisting officer, in
absence of actual force, 66 A.L.R.5th 397; Modern status of rules as to right to forcefully
resist illegal arrest, 44 A.L.R.3D 1078
An individual is authorized to use force to resist arrest in some jurisdictions when
the officer's force to affect the arrest is excessive.[FN1] Thus, self-defense is a valid
defense to the charge of resisting arrest in some jurisdictions.[FN2] A person forfeits his or
her right to self-defense if he or she knows that if he desists from physical resistance and
submits to arrest, the excessive force will end.[FN3] The force used must be reasonable
and proportional to the force used by the officer,[FN4] and only as is reasonably necessary
for self-defense.[FN5] An arrestee may use force to resist arrest only if the arrestee is
actually about to be seriously injured or killed.[FN6] [FN1] Com. V. Grandison, 433 Mass.
135, 741 N.E.2D 25 (2001); State v. Courville, 2002 MT 330, 313 Mont. 218, 61 P.3D 749
(2002). [FN2] People v. Wicks, 355 Ill. App. 3D 760, 291 Ill. Dec. 567, 823 N.E.2D 1153
(3d Dist. 2005); State v. Malcom, 249 Wis. 2D 403, 2001 WI App 291, 638 N.W.2D 918
(Ct. App. 2001). [FN3] State v. Maxey, 661 S.W.2D 641 (Mo. Ct. App. E.D. 1983). [FN4]
State v. Valentine, 132 Wash. 2D 1, 935 P.2D 1294 (1997). [FN5] State v. Wright, 310 Or.
430, 799 P.2D 642 (1990). [FN6] State v. Garcia, 107 Wash. App. 545, 27 P.3D 1225 (Div.
2 2001). 2012 Thomson Reuters. 33-34B 2012 Thomson Reuters/RIA. No Claim to
Orig. U.S. Govt. Works. All rights reserved. AMJUR ARREST 90.
Clearly, Bailiff Reyes was using excessive force, including throwing Coughlin over
the lobby bench. The final video from the state, which should have been admitted (and
arguably Coughlin sought the introduction of suchwhere Coughlin merely asked to be
permitted to view the video prior thereto to confirm it was not unpropounded non-
impeachment material) provides the best view of Reyes body and arms placing
Coughlin forcefully through the bench in a swaggering display of force compliment by
Reyes then retrieving Coughlins wallet and throwing it at Coughlin on the ground. Such
string of events only serves to underscore the vindictive nature of Reyess arrest, which, as
indicated in his Declaration of Probable Cause, did not relate to any purported taunting or
inciting of Reyes as to his family law matters (Reyes only added such the following day
in his Narrative (also, note how Deputy Turners written statement misleading omits the
part about Bailiff Heibert returning to Coughlin in the lobby and providing stamped copies
to Coughlin, with Heibert thereafter leaving the lobby without receiving any new set of
papers from Coughlin)
WCSO Deputy Turners Narrative of 5/28/13 reveals the material inconsistencies
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motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for
transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.
and irregularities coursing through this case and the extent to which the appearance of
impropriety herein has reached alarming levels, where such reads: At approximately
1620 hours, I was standing at the Mills Lane Justice building entrance, next to the
magnetometers. During this time, I witnessed Mr. Coughlin enter the building and
inform the Court Security Officers that he had paperwork to be filed. An RJC bailiff met
with Mr. Coughlin, prior to passing through the magnetometers. The RJC Bailiff
collected the paperwork to be filed in the RJC filling office from Mr. Coughlin and
proceeded to do that. After the bailiff left the immediate area, Mr.Coughlin passed
through the magnetometers and proceeded to sit on a bench adjacent to stairs leading to
the second floor of the building. RJC Bailiffs John Reyes and Don Ramsey met with,
and remained with, Mr. Coughlin as he sat on a bench.
(NOTE: notice how Deputy Turner's account contradicts that of Reyes, whom
initially testified that he witnessed (only to later adjust such testimony to indicate he merely "assumed")
Coughlin provide Bailiff Heibert an "additional set of papers" at the cafe bench...Deputy Turner's
account is particularly disturbing in its fraudulent lack of honesty not only with respect to the material
omission as to the fact that Heibert had returned with stamped copies and providing such to Coughlin
and left the lobby area without receiving any "additional set of papers" from Coughlin, but also in
Turner's brazen lies relative to other assertions made by Turner). Such includes the following:
"As I approached, Mr. Coughlin was taunting RJC Bailiff Reyes, referencing his
current divorce case, repeatedly. RJC Bailiff Reyes disengaged from the conversation and
stood quietly by (NOTE: if by stood quietly by Turner means Reyes continued shoving
his face into Coughlins personal space in an attempt to read the documents Coughlin was
perusing, only to then continue on by thrusting his crotch in Coughlins face from a
distance of less than 18 inches for several minutes, then, sure, Reyes was standing quietly
by) as Mr. Coughlin continued the taunts.
After failing to gain a rise out of Bailiff Reyes regarding his current divorce
hearing, Mr. Coughlin turned to Bailiff Ramsey and inquired about past filings. Bailiff
Ramsey indicated that he was unsure what filings Mr. Coughlin was referencing. Mr.
Coughlin then verbally attacked Bailiff Ramsey, accusing him of deliberately losing his
paperwork. Bailiff Ramsey indicated that Mr. Coughlin had left his paperwork
unattended and left the building. Mr. Coughlin then requested the status of past filings.
Bailiff Ramsey asked what filings he was referencing, and (sic) he would research it for
him.
(NOTE: interesting that Deputy Turner seems to omit a verb in such sentence sufficient to
indicate whether Bailiff Ramsey said or indicated or in some other manner communicated something
to Coughlin sufficient to provide any support whatsoever that there was some ongoing business
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motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for
transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.
Coughlin was then conducting with the RJC (nor does Turner indicate that Ramsey in any way indicated
to Coughlin that must, or even should, wait for some response in the lobby. Further, Coughlins
testimony as to Ramsey indicating to Coughlin that civil deputy clerk Christine Erickson has informed
Ramsey that Coughlin didnt have any open case in civil and that all of Coughlins civil case were in
Carson City)
Deputy Turners Narrative continues: Mr. Coughlin handed Bailiff Ramsey a
piece of paper indicating what filings he was referring to, and Bailiff Ramsey began to
research Coughlin's request. Once Bailiff Ramsey left the area, Bailiff Reyes requested
that Coughlin wait on the other side of the magnetometers. Mr. Coughlin refused to wait
on the other side. Bailiff Reyes told Coughlin repeatedly that he must wait on the other
side of the secured area, until his requested information was received
(NOTE: Turner uses the phrase requested information compared to the phrase await
documents he requested as used by Reyes in his Declaration of Probable Cause (tellingly, the States
5/31/13 Criminal Complaint fails to specify one way or the other (or in any way, for that matter) just
upon what Reyes alleged command to move to the lobby was premised (the complaint merely
provides: defendant refused to comply with Bailiff Reyes' command to
move to an area where the defendant had been previously ordered by
the court to remain)and just what it is Coughlin did to prompt such a command (whether it
be providing someone with some piece of paper or that Coughlin somehow verbally requested
information or otherwise elicted some response from, say, Bailiff Heibert to do something as an extra
courtesy above and beyond anything permitted by the Admin Order 12-01, which the bailiffs do not
exactly follow like their freedom or careers depend upon doing so (though Coughlin, obviously,
doeswhich makes interesting Judge Glasson sua sponte striking from the record in this matter a
statement to that effect made by Coughlin. Likewise, all the utterances stricken by Judge Glasson were
not appropriate material for striking, and the so striking of such was reversible error of a prejudicial
nature to Coughlins case).
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motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for
transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.
Deputy Turners Narrative continues: Mr. Coughlin began to argue, stating
that he was not going to leave but go to the third floor family court. (NOTE: this
conflicts with Reyes contention that Coughlin merely refused to leave the caf bench,
and further undermines Reyes credibility) Mr. Coughlin was then informed that he
could not leave the immediate area without finishing his business with Justice Court. Mr.
Coughlin refused to leave the bench. Bailiff Reyes indicated that if he did not voluntarily
wait on the other side of the secured area that he would be physically escorted. Bailiff
Reyes applied light touch to Mr. Coughlin's left arm to assist him in standing. Once Bailiff
Reyes made contact, Mr. Coughlin immediately began to resist by turning away and
pulling his arms tight into his chest. Bailiff Reyes then placed Coughlin into a rear wrist
lock. At that time, I made the assumption that Mr. Coughlin was going to be taken into
custody. I gained control of his left arm by placing it into an arm bar. Bailiff Reyes began
to escort Coughlin to the other side of the magnetometers as I continued to maintain
control of his left arm. As we attempted to exit through the magnetometers, the device was
struck and knocked to the ground, causing it to break into several pieces."
(Notice that Deputy Turner's account does not cooberate that in Reyes' Declaration of Probable
Cause as to Reyes' assertion that Coughlin has "upturned the magnetometer in a willful manner".
Further, Deputy Turner's account contradicts that of Bailiff Ramsey, whom indicated he conducted no
business with Coughlin at the lobby bench, and whom did not indicate there was any "piece of paper"
passed to him at such lobby bench by Coughlin upon being questioned in that regard. Further, Turner's
account differs from Reyes' own in rather than indicating that Coughlin was told he must wait in the
lobby for some allegedly requested items, Turner indicates that Coughlin was told "he could not leave
the immediate area without finishing his business with the Justice Court", which, if true, begs the
question as to how Coughlin would know he could leave the cafe bench or just what was meant by "the
immediate area" or how some Admin Order could theoretically require Coughlin to wait around for
hours and hours, uncertain as to just what amounts "finishing his business with the justice court" or how
it is that a free citizen is not free to disengage from even an attempt to file documents with a court that
seems to require dinner and a movie before bestowing upon citizens the right to do so )
Tellingly, Reyes Narrative of the day after the arrest fails to even reference the section of the Admin
Order that relates to the proferred rationale for Reyes commanding Coughlin to wait in the lobby where Reyes
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motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for
transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.
Narrative cites only to sections 1 and 1(a) whereas .
"WHEREAS, to protect the peaceful and effective operation of this Court, IT IS HEREBY ORDERED: 1.
ZACHARY BARKER COUGHLIN shall not enter the premises of the Reno Justice Court at One South
Sierra Street except as follows: a. If ZACHARY BARKER COUGHLIN wishes to file a document with the
Reno Justice Court or attend a hearing in the Reno Justice Court he must notify the security personnel at the
main security entrance located at the east entrance of One South Sierra Street and wait for a bailiff of the
Reno justice Court to respond to his location.
Regardless, even had Reyes cited to 1.(B) of the Admin Order, such is not applicable under any of the
circumstances testified to by any of the three bailiffs:
B. If ZACHARY BARKER COUGHLIN wishes to make a request of the Reno Justice Court for
copies, transcripts, access to a court file or to ask a question he shall do so in writing and either mail the
request to the Reno Justice Court or deliver the written request to a bailiff of the Reno Justice Court by first
contacting the bailiff through court security as detailed above. The bailiff will then file the document for Mr.
Coughlin and provide him a file stamped copy in return....3. ZACHARY BARKER COUGHLIN is not
allowed to contact any member of this Court other than a uniformed bailiff."
Either way, the lack of any written statement by either of the other two reno justice court bailiffs here is
rather dubious.
VERIFICATION AND DECLARATION:
1. I, Zachary Barker Coughlin declare pursuant to NRS 53.045, under penalty of perjury that this
combined Supplemental Post-Trial Motions and Declaration is true and correct and based upon my own first
hand knowledge except those matters stated upon information and belief (even where implicitly so stated), and
as to those matters, I believe them to be true
AFFIRMATION Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document does not contain the social security number of
any person.
DATED 10/21/13
/s/ Zach Coughlin, signed electronically
Zach Coughlin
Pro Per Self Representing Attorney
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motion for new trial, notice of appeal of all orders to the 2jdc request for all audio transcripts, order for
transcript of trial and all hearings, and request for docket and all nrs 189.030(1) papers at public expense.
CERTIFICATE OF SERVICE:
Pursuant to NRCP 5(b), I do hereby certify that, on this date, I, Zach Coughlin I deposited in the United States
mail at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy of the foregoing document
and or electronically served (via electronic method of transmission previously given express permission to
utilize by those with requisite authority to provide it, upon which Coughlin reasonably relied and or relies),
Mikohn satisfactory, and NRS 178.590 facsimiled prior to 5 pm and personally delivered to wcda too:
AMOS R. STEGE, ESQ. ZACHARY N. YOUNG, ESQ. Washoe County DA Office Address: 1 South Sierra
P.O. Box 30083 Reno, NV 89520 Phone Number: 775-328-3200 Fax number: 775-325-6703 Email:
astege@da.Washoecounty.Us DATED THIS: Dated this 10/21/2013
/s/ Zach Coughlin
Zah Coughlin, Defendant
INDEX TO EXHIBITS:
Exhibit 1: Various relevant materials on a cd/dvd/discovery already propounded
In disc form and found at skydrive links
Exhibit 1:
1. Exhibit 1: Various relevant materials on a cd/dvd/discovery already propounded and 69 page 10/18/13
Declaration of Zachary Coughlin will be filed as a separate document in support of this filing.
https://skydrive.live.com/redir?resid=43084638F32F5F28!9135
https://skydrive.live.com/redir?resid=43084638F32F5F28!8413