ATTORNEY CHRISTOPHER PETTIT, MAY HAVE GIVEN JOHN DOE THE WIN

The context here is important.  The federal court of appeals just tossed Pettit's 50-year sentence based on federal Judge Orlando Garcia's inadvertent mistake of not correcting the impression the maximum sentence was 30 years and not 90.

The language in the federal court of appeals opinion, especially in the end, is eloquent.  But it all goes to the same issues in the John Doe case.

First on Judge Orlando Garcia. He is no Gabby Garcia or Luis Saenz.  This was an honest mistake.  When you read the posted transcript, it comes down to an honest mistake. During plea bargains sometimes judges believing the plea ends the case, just reads the perfunctory associated language needed to confirm the plea bargain.

In this case the language seems to suggest a maximum sentence of 30 years.  It was a question of concurrent or consecutive time to be served.  One allows for multiple 30 years sentences to be served at the same time, the other provides once you finish one, you start the next.

In my opinion Mr. Pettit knew the difference and sat on the issue with his lawyer to allow for the appeal.  But this is key to justice.  It does not matter if Pettit as an experienced lawyer knew he was facing 90 years; judge Orlando Garcia got it wrong.  And also, more importantly the US Attorney failed at their job. 

It is probably a win with no meaning.  He will be resentence based on a maximum of 30 years.  He will be approaching 86 when he gets out, assuming he lives that long. 

The reason I am so certain this was an honest mistake by Judge Orlando Garcia is his long history as a judge.  He led the battle in Texas to preserve the right to same sex marriage.  He is loyal to the law, but not infallible. 

THE KEY TO THE JOHN DOE CASE

"Because the words used at each stage of this case are of critical importance to Pettit’s understanding of his plea, we recount and quote from the record in some detail."  John Doe cannot do this without access to the record, and the Court of Criminal Appeals knows this.  All documents being filed with Chief Judge Garcia, will be copied to the FBI office in Austin asking for a criminal review of the Court of Criminal Appeals. 

US v. Pettit, p. 2, Click for Opinion

The Court of Criminal Appeals denied John Doe access to the record to argue his Petition for Discretionary Review.   This goes against its own well established case law.  When the entire court was asked to rule on the issue, the court ordered the motion put in the file, but not to be ruled on.

This case at so many levels is so ripe for federal review it cannot fail.

I have said it will be filed in Austin.  The Pettit case just opened the case to near guarantee of federal review.

You begin with two motions to the Chief Judge of the Western District, which is Judge Orlando Garcia.  One, John Doe can ask he be given a court appointed attorney to help him with the lawsuit, as indigent.  Two, he can ask for permission to file electronically.  In both these motions all the key evidence is presented to Judge Orlando Garcia.

Judge Garcia will know for sure John Doe was denied any notice of what he was pleading no contest to, and this according to the federal court of appeals is reversible error.  And if any judge in the Western District knows this it is Judge Orlando Garcia.  He will not throw himself under the bus for the Texas Court of Criminal Appeals.  They are without a doubt engaged in a criminal conspiracy to conceal the record which proves the criminal conspiracy. 

John Doe could not have knowingly agreed to get a GED when he knows he is too intellectually disabled to secure a GED.  He cannot comply with the terms of the plea.  The record shows Bobby Lerma ordered his client to commit felony perjury when he claimed no history of mental illness.  Just the day before at Gabby Garcia's insistence Korina Barraza filed the motion to compel a mental health review.

"We exercise our discretion to correct this error. Under plain-error review, we may correct errors that “seriously affect the fairness, integrity or public reputation of judicial proceedings.” United States v. Young, 470 U.S. 1, 15 (1985) (quoting Atkinson, 297 U.S. at 160). This case presents such an error. The right to a jury trial, guaranteed by the Sixth Amendment, is a _____________________ 3This would be a different case if, for example, the district court at sentencing had more clearly articulated that the maximum penalty was 90 years and confirmed in a colloquy with Pettit that he wanted to go forward with his guilty plea and sentencing. 13 Case: 24-50250 Document: 144-1 Page: 14 Date Filed: 02/05/2026 No. 24-50250 “constitutional protection[] of surpassing importance.” Apprendi v. New Jersey, 530 U.S. 466, 476 (2000). Consequently, “[t]he integrity of the plea bargaining system,” which results in a defendant relinquishing that important right, is “vital to our national system of criminal justice.” United States v. Palmer, 456 F.3d 484, 491 (5th Cir. 2006) (quoting United States v. Ashburn, 20 F.3d 1336, 1347 (5th Cir. 1994)). “Maintaining that integrity requires diligently policing its failure to function properly.” Id. So our discretion is properly exercised here."

pp. 13-14

The beginning of the opinion makes clear a criminal defendant's rights can only be vindicated by access to the record.  The Court of Criminal Appeals has denied John Doe access to the record. 

FOR NOW, I HAVE TO GET BACK TO MY CASE AGAINST THE COB

Federal pleadings can be taxing.  I have no problem with the burden placed on the litigants, but it has become a minefield which allows judges to deny justice not on the merit, but because of failure to comply with a local rule.

The city has a dismissal pending, which if granted sends the case back to state court because the § 1983 will no longer be pending.  Normally, I would not consider appealing any ruling by Judge Olvera, but whether my response is late or not it must comply with the law, which it does not.  Further the Motion to Dismiss does not align with the pleading. 

We are all waiting on whether he will remand the case to state court.  That should be handled first.  But we have a bigger problem.  We are coming up on a deadline where all parties have to prepare for pretrial.  It will be expensive.  

My goal is to be caught up with my federal case by Tuesday.  But timelines in criminal cases take priority.

WAS SHAKESPEARE "WOKE" 400 YEARS AGO WHEN HE WROTE THE FOLLOWING ON IMMIGRANTS?  

This is the best version on YouTube.  The Cobert version is better, but it is on Facebook.  This is a good reason why Shakespeare is so important to teach.  

It starts at 2:30.  It is like Shakespeare wrote it today.

Would a teacher at BISD be allowed to show this to demonstrate Shakespeare's brilliance. 

Back to work.

Someone sent this to me.  Start at minute 22:30. This performance is brilliant. 

 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. 

 

DID THE SUPREME COURT JUST SIGN THE DEATH WARRANT OF THE GOP IN CALIFORNIA?

As you should know, California responded to Texas redistricting out Democrats from the House Delegation, by redistricting out Republicans.

The California Republican Party filed an Application for Stay of the new California map.  Today the Supreme Court refused their application, thereby leaving in place California's new pro Democratic map.

Upfront, I do not care who does it, I have always opposed redistricting based on political party.  It is not fair.  Many states have found non-partisan ways to redraw the maps. 

Both the Democrats and the Republicans seem to not understand the role of the Independents.  In this election I believe Texas Republicans will learn the Independents may vote Democrat, thereby leaving the Republicans with fewer wins.

In California there is an exodus of Republican voters.  California is way too expensive for many.  In California I believe unless the Democrats go crazy to the left, Independents will vote Democrat, 

 

I AM TAKING A BREAK FROM OUTLINING SEVERAL BRIEFS

Yesterday I slept 16 hours over 3 down times.  Having not eaten all day. my roommate and I decided to try Miranda's for dinner.

Unlike BIG Daddy's they stay open late.  Going for dinner is a good option.

As always, I try and promote local restaurants especially when they are good.

It is Tex-Mex fanfare, but good.

I had the Mexican Plate.  I enjoyed it very much.  The tostada was beans and meat and not so greasy it falls apart when you pick it up.  It stayed crip and flat.  It was very good.

I love their salsa verde.  It has the right amount of heat and is very creamy. 

Miranda's is reasonably priced, so give it a try.  Remember during the week they are open until 9 p.m. 

Guys, we have to support our neighbors.

I think Big Daddy's lost its customer base on Boca Chica when it reduced its hours.  A place like this has regulars and they want to be able to go any time of the day.  Miranda's is giving its customers a choice of breakfast, lunch or dinner. 

Back to work.  I am pulling quotes from briefs already filed.  It is very intense on my fatigue, so it is very slow. 

 

SIX YEARS AGO TODAY, I FLEW TO NY FOR A FAMILY MEMBER'S FUNERAL.  WE WERE TOLD NOT TO WORRY ABOUT SOME VIRUS.  ON THE RETURN WITH COVID STILL NOT A HARD REALITY, NEARLY HALF OF THE PEOPLE IN THE AIRPORT WERE WEARING MASKS

We can say the millions of dead internationally tell us the entire story.  There was no testing for Covid when my family passed but based on how fast they went from being okay at work, to being in a coma, I have always believed they was a victim of Covid. Now to be fair, their cancer was so advanced at the time, their passing was inevitable.

They did pass in peace on her terms.  

I can never prove my suspicion, but I hold it because science is so imperfect.  Nothing could have saved them, that is not my point.  But had science been more aggressive with the known facts, 10's of thousands could have been saved.  No one can deny once Covid was formally accepted as real, the vaccine came in record time. 

It stills amazes me how little regard we have for science and Mother Earth.  You are never to forget; correlation does not prove causation. 

As I type a new virus could be emerging out of nowhere.  We are not ready. Mother Earth is unforgiving.  An earthquake or massive storm can destroy entire areas.  We saw last year what out of control fires did to California. I laugh at the idea we could have done more to stop the spread.  

Before the fire we could have done more, like no building in high fire areas.

Okay I have been awake for about 30 minutes.  I will try and get some work done.

 

HOW WE WASH IS ALSO ABOUT RECYCLING

I actually finally woke up.  The fatigue is so bad.  Anyway, I just put in a load of laundry.  I have been using these sheets for laundry for about a year.

I am telling you they work.  I hated the pods.  My clothes always smelled like mildew.  These sheets leave a nice and refreshing smell.

There is no plastic to recycle, just a small box.  If you have limited space for laundry soap, this is a must.  But most importantly it works.

I have heavy cotton white sheets.  Heavy cotton is so much more comfortable than regular sheets. They come out a bright white every time.

Okay I need to try to work.