“It
is axiomatic that a conviction upon a charge not made or upon a charge not
tried constitutes a denial of due process. These standards no more than reflect
a broader premise that has never been doubted in our constitutional system:
that a person cannot incur the loss of liberty for an offense without notice
and a meaningful opportunity to defend.” Gollihar v. State, 46 S.W3d 243 (Tex
Ct. Crim. Apps, 2001) citing Jackson v. Virginia, 443 U.S. 307, 312-313 (1979)
AN UNBOUGHT VOICE OF THE COMMUNITY "Politics, as a practice, whatever its professions, has always been the systematic organization of hatreds." Henry Brooks Adams "Malo periculosam libertatem quam quietum servitium" Jean-Jacques Rousseau
Thursday, December 18, 2025
IT SHOULD BE A SLAM DUNK FOR THE COURT OF CRIMINAL APPEALS TO VOID JOHN DOE'S JUDGMENT
There are five issues, but Issue One is a sure thing. I preserved the issue from the point of Gabby Garcia to the Court of Appeals: Saenz failed to file a charging instrument to support the judgement. This is very Kafkaesque. Read "The Trial. It will teach you more than you can imagine about Due Process. It is shocking that Gabby Garcia does not know there must be a charging instrument, before you can convict someone.
The US Supreme Court made clear followed by the Court of Criminal Appeals, failure to include a charging instrument in the case, voids the judgment.
With every Court of Criminal Appeals Justice having a November opponent, they will not chance a reversal on this one. "
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