WHAT A BUSY WEEK, AND AN AMAZING FRIDAY - PURPOSE WITH FAITH

On a lessor note, the Herald published my letter concerning Ukraine.  My conclusion about Putin being able to restore Imperial Russia was an important breakthrough.  It is not enough to form an opinion; you must have a solid analytical basis to your reason if you are to be proven right. 

THE JOHN DOE CASE IS NOW BEFORE THE COURT OF CRIMINAL APPEALS

John Doe and his family want this to end.  There is no reason for anyone else to get hurt.  But now, not only has the case been presented to the Court of Criminal Appeals, but it is also before Texas AG Paxton.

I have seen the Texas Court of Criminal Appeals reject cases which are later won in federal court.  This court is not motivated by public perception.  Each Justice is 100% protected as a Republican unless challenged by a fellow Republican.  The current court has several new members who replaced older Republicans.  

The force behind that result was Ken Paxton.  Ken Paxton's actions were based on being stripped of his authority to bypass local DAs in his criminal investigations.  These judges and Ken Paxton know all too well; it is time the Texas AG have the right to investigate local corruption when it is shown the DA will not or is part of the corruption.

What I know for sure is the state now knows what claims they will face in federal court in Austin. 

A summary from the brief:

My writing is a bit iffy because I may have a concussion.  I flew into NY late on the 2nd.  On the third I fell into Peconic Bay while stepping up from my brother's boat onto the pier. It was low tide.  My brother lost his hold on the boat, and it pulled away from the dock causing me to fall back and hit my head on his boat and to go under.  It appears I have a lingering concussion.  

 A concussion heals itself over time.  My only issue is I hit the shunt valve protruding from my skull.  If there is a leak, it will need immediate attention.  I am being monitored. 

FROM THE BRIEF

"The court of appeals has refused to accept the motion to recuse on the guise only the court appointed attorney can file such a motion.  The court must understand Relator objected before and after Lawrence Rabb’s appointment because he is an object of the appeal as to ineffective assistance of counsel. The court knew he was conflicted out.

The Court of Criminal Appeals has made known a mandamus will issue when a court fails to properly submit a motion to recuse for consideration. De  Leon v. Aguilar, 127 S.W.3^rd 1 (CCA 2004) Further because the motion to recuse includes a verified claim supported by the record the court of appeals appointed Lawrence Rabb knowing he conspired against Relator at the trial level, the court of appeals is recused as a matter of law. Id.  

The second issue involves trial Judge Gabriela Garcia.  The record submitted herein clearly proves Judge Garcia forced your relator to sign a felony perjury waiver which contained a false claim of no mental illness history.  Judge Garcia had previously crossed examined your Relator on his mental illness history.  The wife of Lawrence Rabb just the day before the Plea filed a motion demanding a mental health examine of  Relator.  Does anyone on this court believe Lawrence Rabb will argue against the conduct of his wife?

Upon learning of the fraud on the court, your relator filed a motion to withdraw the plea bargain. Exhibit 5. It was well before the final judgment.  The record shows the motion, and written communication to Irma Gilman, criminal court coordinator, to set the matter for hearing. See Exhibit 6: Email to Irma Gilman asking for hearing on Motion to Withdraw Plea Bargain. She refused.  Does anyone on this court believe for one second Irma Gilman would set a matter for hearing knowing it challenges the conduct of her husband, the ADA of the court?

The third issue is, the county court at law judge issued an order with a false claim your Relator had been convicted in the felony case.  This is false.  She also issued her order without jurisdiction in the case.  After the original judge transferred the case to an unknown judge, Judge Betancourt took it upon herself to assign herself. Mandamus will also lie to correct a void order, i.e., an order the trial court had no power or jurisdiction to render. Urbish v. 127th Judicial Dist. Court, 708 S.W.2d 429, 431 (Tex. 1986) (orig. proceeding)."

The Court of Criminal Appeals has discretion to decide if it will hear the case. A refusal to hear the case is not a ruling on the merits.  This case is very difficult and complex at the same time.  If they take the short path it will mean a complete win for John Doe, with only minor damage to DA Saenz and his cabal of coconspirators.

Our preference is these ends now without any further damage to anyone. 

SQUARELY BEFORE THE COURT IF THE EFILE SYSTEM WHICH SHUTS THE COURT TO INDIGENCE CRIMINAL DEFENDANTS

AG Paxton has the claim and brief on the issue.  The Court of Criminal Appeals knows this issue is solid and ripe for a federal judge. They will find a solution to this mess.  The question is how far they will go in fashioning a solution.