Wednesday, June 18, 2025


 GABBY GARCIA POISED TO FIND JOHN DOE NOT INDIGENT AFTER THE TEXAS SUPREME COURT FOUND HIM INDIGENT ON JUNE 18, 2025

UPDATE:

With a completely different attitude, Judge Gabby Garcia moved directly to approving John Doe's indigence, using the federal documents proving indigence as a matter of law, as filed by John Doe.

She was also ordered to appoint an appellate attorney.  This is where she lost control again.  She appointed Lawrence Rabb, a trial attorney in the case who he and his wife have been accused of conspiring against John Doe.  

Lawrence Rabb's only choice is to refuse the appointment, but with a motion pursuant to Texas Rule of Professional Conduct 6.01.  This allows for a hearing on Rabb's unethical conduct.  Yep, this issue will play around in the court of appeals and federal court for some time. 

ORIGINAL POST

Also of note, someone gave Irma Gilman a case which was highlighted.  She tried to hand it to Judge Garcia during the hearing, and Judge Garcia refused it, to her credit.  The question is was the highlighted case given to Irma Gilman by her husband the ADA in the court, Peter Gilman.   It will be part of the record for the court of appeals.

The court of appeals ordered her to verify John Doe's indigence, which as a matter of law as a recipient of SSI is indigent.  This is why today the Texas Supreme Court found him to be indigent.

In making the order to Gabby Garcia, the COA ignored. 

See. Texas Indigence Defense Commission; Indigence II B(i)(1). 

“B. Eligibility for Appointment

i. An accused is presumed indigent if any of the following conditions or factors are present:

1. At the time of requesting appointed counsel, the accused or accused’s dependents are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing;”

They had the award letter of SSI and proof of indigence in the trial court.  They were simply to proceed as indigent, but are relying on Gabby Garcia to ignore the law, as she does so well.

John Doe's parents have asked I complete the final criminal complaint to include Irma Gilman for what is now the third time of scheduling a hearing without notice to John Doe.

There are two federal court of appeals cases, which deal with this where in two federal judges were removed from their respective cases.

In Re Thomas Eugene Creech, 9th Cir. Court of Appeals, 24-4455 [2024]

MD v. Abbott (5th Cir. 24-40248 – October 11, 2024)


          

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