5TH CIRCUIT COURT OF APPEALS ORDERS TEXAS TO OPEN COURTS TO THE PUBLIC, EVEN MAGISTRATE COURTS
The criminal process begins normally before a Magistrate Judge at Carrizales when bail is set.
Texas defended the policy of these proceedings be kept from the press. Texas lost. I have a case against Estela Chavez-Vasquez on this issue. It was just a regular court hearing. They do not want to be watched. I was ordered out of the courtroom, along with everyone else who was not a defendant or counsel.
The Court of Appeals agreed she violated my rights but then refused to remedy the problem. Well now the 5th Cir. has remedied the problem.
For me it is telling the mostly Republican conservative federal court of appeals restored court access, while the Democrats of Cameron County tried to restrict it.
Remember I had the same problem with Judge McDonald. They do not care.
THE PROBLEM WITH FAILURE TO APPEAR
It is automatic if a criminal defendant fails to appear at a hearing, the bond is pulled, and the defendant is ordered held without bail. Their attorney stands there and does nothing. Cameron County attorneys know nothing about Due Process.
The constitution compels the ADA to produce evidence the defendant was ordered to appear. I have been involved in several cases wherein the criminal defendant was never ordered to appear and then held without bond. The ADA is not required by Cameron County judges to produce evidence before the defendant is ordered arrested and detained without bail.
In the case of John Doe who I am helping, he appeared twice although never told to appear by Louis Sorola or Judge Gabby Garcia. You see it is a con. If they cannot get you to take a plea, they have you arrested for failure to appear. The goal is while sitting in jail for months, you will just plead.
In the John Doe case he appeared both times, but with a filed objection for want of notice. Both times. Judge Gabby Garcia refused to consider the issue.
This is an issue in the federal lawsuit which Saenz has demanded be filed before the law will govern how his office works.
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