GABBY GARCIA HAS TAKEN IT UPON HERSELF TO OVERRULE JOHN DOE'S FEDERAL DISABILITY BENEFITS: LEGAL AUTHORITY, NONE OTHER THAN SHE IS THE OMNIPOTENT INEPT GABBY GARCIA
It is surreal someone so devoid of any knowledge of the law or legal procedure actually graduated law school. But then again like, Chuy Garcia it is the worse in the state and one of the worst nationally.
I am finally finishing proceeding for John Doe on appeal, via mandamus and an appeal. Void orders are not enforceable. So, no sanction can be taken against John Doe for doing both the appeal and the mandamus.
Bobby Lerma has guaranteed he will be sued. The text messages have all been printed and he lied at every turn. Oh, he knew the law and promised a good deal, but Peter Gilman refused to play so Bobby Lerma just screwed over his client.
We have the text from Bobby he would pay all fines rather than argue to waive them based on indigence. He will say he refunded the money. Well most of it. He never produced evidence he spent money on something.
But he refunded the money based on breach of his duties to his client. He was not released by John Doe to honor his commitment to pay fines.
Bobby also refused to give John Doe the discovery in the case when he produced the file. The reality is Bobby Lerma did not complain when Louis Sorola failed to provide him the discovery.
SO HOW DID GABBY GARCIA VOID JOHN DOE'S FEDERAL BENEFITS.
Let me explain something to the lawyers. A plea agreement is exactly that. If one provision is held unenforceable, and there is no Savings Clause in the agreement, the entire agreement is unenforceable.
Guys I can write a book on all the basic parts of the law, Cameron County lawyers know nothing about,
When you have the most inept and unethical lawyers becoming judges, the bar is lowered to no one actually knowing the law.
HERE IS THE KEY ASPECT FROM GABBY GARCIA'S ILLEGAL FINAL JUDGMENT
There are verified documents and testimony John Doe is on SSI disability. No state judge can order John Doe to get a job while under federal protection of being disabled. No state judge can order a disabled person to pay support for his children while on SSI disability. The law is clear no state judge can order child support against someone on SSI. But to be fair, John Doe for 2-week periods every other 2-weeks pays for all his son's expenses to include housing, clothes and food, using his limited disability.
No state judge can order someone deemed intellectually disabled to obtain a GED.
Bobby Lerma knew all of this but remained silent and allowed Judge Garcia to hang herself. The reality is, Gabby Garcia knew about the SSI, but she actually believes as a state judge she can overrule the protections provided to someone on SSI. She is actually that ignorant. I will not say ignorant of the law, because anyone with an ounce of commonsense knows a state judge cannot take away someone's federal benefits. Gabby Garcia is simply too ignorant of the most basic differences between federal and state laws; it amazes me she passed a basic course in American government.
You will also note the order to be evaluated at Tropical. That will never happen. Tropical will be asked to refuse the referral based on fraud. If they do not, they will be sued. They are not qualified to evaluated anyone. Also, John Doe has a right to his own mental health providers.
What is remarkable about the mental health part of the order, is in the waiver is the sworn statement approved by Gabby Garcia there is no history of mental health problems. She is that inept.
There are other problems. The waiver purports to be based on a State Jail felony. It is not. Peter Gilman never dismissed the felony charge and refiled under a State Jail felony so they could do the lesser included charge.
They knew what they were doing. Bobby Lerma knew what he was doing which is why they rushed John Doe before Judge Garcis the second I left for my doctor's appointment. I have the commitment it would take until after lunch to dismiss the felony count and replace it with the State Jail felony. They wanted me out of the way, so they skipped the dismissal part.
GABBY ONCE THE COURT OF APPEALS INTERVENES YOU ARE DONE WITH AS A JUDGE
\Gabby, Luis Saenz's sees you as disposable. How do you not see that?
Gabby, Peter Gilman and Bobby Lerma knew exactly how they were hanging you out to dry. They knew you lacked the skill set to understand you were acting outside your authority. You are going down.
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