A FEW UPDATES: ME AND JOHN DOE
NEWEST UPDATE:
The Texas Court of Criminal Appeals took no action in the John Doe case. Speculating as to its meaning is just that, speculation. But I now have everything I need to call on the FBI in Austin to look at the matter. The Court of Criminal Appeals overruled their well-established case law; they have no discretion in denying a criminal defendant access to the record. Why deny John Doe access to the record unless the Court of Criminal Appeals seeks to conceal the evidence on obstruction of justice.
My health: the specialist ordered an advanced PSA test, which should have been ordered a month ago. He agreed with me, suggesting the problem was a UTI goes against protocol. If you do not take control of your healthcare, things will be missed. My focus remains to rule out cancer, not to confirm it.
Original Post
The VA is moving pretty fast to rule out any bad problem with my prostate. A second set of labs were performed, and they ruled out nothing.
Well, we did rule out the problem is caused by an infection. This got me outside of the VA and with a community specialist. The VA doctor suggested it was probably just a real bad infection, and I should be put on Cipro. That note told me she made no effort to properly review my case. My file clearly warns all providers I suffer hallucinations when on Cipro.
The good news for me is I demanded UTI lab to rule out infection. The lab work came back negative for an infection.
The VA is now moving fast. I see the first specialist for the prostate tomorrow morning. I then see kidney doctor at the beginning of March. Labs are anyone's guess. For about 6 months now three labs show possible early-stage kidney failure. I stress possible. Labs are funny, they can be so wrong, or so right which is why only a specialist can diagnosis you based on many variables. It could all be tied to the diabetes. They cannot get my blood sugar under control. I use a daily pen needle. I am at 70 units, and I am nowhere near my blood sugar target. 70 units is quite high. So, I wait on all of the doctors. They important thing is we are moving fast.
JOHN DOE AND LUIS SAENZ
I can predict an opinion is forthcoming on issue one, no charging instrument, or I can predict the Court of Criminal Appeals will deny the Petition for Discretionary Appeal. They ignored their own case law, supported by the Supreme Court denying John Doe access to the record. Their own case law clearly says, no discretion allowed by the court to deny access to the record.
All I can think is, they have decided to grant the Petition on the no charging instrument issue, thereby then being able to say access to the record is not needed. The record if it goes public makes for a bad story for Texas.
The Petition for Rehearing En Banc is ready to be filed with a few changes.
I have a solid case for federal court. The case in federal court is not just the criminal case, but violation of the ADA. It will be filed in Austin. I have a clear record I tried to allow the state to do the right thing, and the courts refused.
If needed I have the Petition for Writ of Certiorari to the Supreme Court ready to go. While such a Petition is always a very big, long shot, this case is unique. The Supreme Court loves a pro se indigent case, they can grant without further briefing so they can say pro se criminals can get a fair hearing before the Court.
The no charging instrument issue is very simple and gives the Court the kind of case they love for indigent criminals.