IRAN SUPREME LEADER IS DEAD, BUT THE ANALYSTS HAVE WHAT IS NEXT WRONG

Let's be real, the military has the guns, not the religious leaders. The military has to know their time is over if they back another radical Supreme Leader.

There is also the factor, the military knows no Supreme Leader would have the backing of the people.

Military leaders never want to let power go.  To a military leader in Iran, they know Trump prefers to keep them in power than chance them being an opposition force.

If there is a regime change it will not be another radical Supreme Leader.  Oh, I guess you can say maybe for a month or two before it collapses.  The new leader will be more secular and have the backing of the military establishment.  Trump and Israel would support such a leader. 

If this happens, the geopolitics in the region will change fast to the detriment of all the rogue forces Iran has backed for decades. This will make Trump the winner. 

 

MY RIGHT EAR WAS DRAINED OF ABOUT 2 1/2 INCHES INTO A CULTURE TUBE TO BE SENT OUT

This will not be like last time where neglect resulted in a 5-week hospital stay. This doctor may be the only one I trust at this time in the LRGV.

Until the culture comes back, we have no idea the source of the infection.  He also removed the tube.  The ear hurts, but I already of antibiotic drops in the ear.  I will continue with the same drops which finally resolved the problem last time.

I am very happy I am now with Medicare.  It will cost me but mean better healthcare.  If I need a formal ear doctor, I have one ready to go at Methodist Stone Oak in SA.  He does not take VA, but he will take my Medicare.

A friend asked me why I am paying so much.  A $111 is not a lot.  I am willing to pay an extra $50 a month for unlimited care anywhere in the US.  If I need a doctor in NY or San Diego, my insurance will pay.  I also have $50 thousand coverage when I travel internationally.  

 

THE CONTEXT BEHIND THE SIX DOCTORS HAVING TO REFUND PAYMENTS FOR MEDICAL SERVICES

If you read the post in the Herald, no doctor has been charged with criminal conduct.  Why? it was a billing problem which was caused by equally responsible doctor's staff and staff at Medicare, Medicaid, and TRIWEST. 

Just yesterday, while praising the urologist the VA assigned to me, I noted the staff is a nightmare.  To be sure the doctors need to be held accountable for the mistakes of their billing staff. But also note doctors do not prepare the billing to the various public and private insurance companies.

I will not name the doctor I use to see but stopped because his staff was a nightmare.  I spend years making good money advising doctors on liability problems to include billing mistakes.

The doctor I know is brilliant.  When my late brother-in-law was in ICU at Valley Baptist, he saved him.  The ICU staff were ignoring the lab work, and this doctor stepped in and had a word with the ICU nurses.

This doctor is brilliant and no one will ever convince me he was part of this mess.  In fact, I equally blame Medicare, Medicaid and TRICARE for what happened. 

You will note TRIWEST [VA] is not included.

As I have noted I see how much the doctor bills and how much they get paid.  Routinely, I see simple procedures tied to the treatment wherein the VA denies the claim.  The office managers express their frustration.  

I left this doctor after his office manager refused to release my medical records to Brooks Army Medical Center.  The agreement with the VA is medical records are to be released at no cost, if general records.  Once Brook Army Medical Center gave up on getting the records they dropped me as a patient. The doctor did nothing wrong, it was his staff.

CONTEXT: Doctors have to rely on their office manager to manage the non-medical staff.  Unfortunately, billing has become so complex. The coders are no longer qualified. They are not getting the training they need.  And what happened to these 6 doctors is the result.  But there is certainly no intended fraud by the doctors.

WHY MEDICARE, MEDICAID AND TRIWEST ARE EQUALLY RESPONSIBLE

If the DOJ press release is correct, Medicare, Medicaid and TRIWEST paid for services not justified because the doctor's medical notes did not say why the simple test was performed.  If Medicare requires justification for the procedure, and justification is not in the record, why did Medicare pay for it?

The Medicare, Medicaid, and TRIWEST clerks were no more competent than the coders working for the doctors.

And this my friends is why no one was charged with criminal fraud.

Please do not judge these doctors based on the mistakes of their coder billing for the service, and for the Medicare. Medicaid, and TRIWEST clerks paying for the services when the medical records did not justify the billing.

Billing problems are routine.  This one got out of control because Medicare, Medicaid and TRIWEST paid when they should not have.  Had the billing been denied based on incomplete medical records, doctors would have corrected the problem.

Yes, I agree the doctor should have to pay the money back, but the Congressional Oversight Committee needs to look into this matter so they can see how the mistakes of Medicare, Medicaid, and TRIWEST are costing the taxpayers millions. 

Back to work, before leaving for a doctor in McAllen.

A FEW UPDATES

UPDATE:

The SSA office was so helpful.  They told me I did not need an appointment.  I am officially on Medicare Parts A and B, under Plan N which effectively gives me full coverage.  I will pay $20.00 a visit and a $282.00 deductible a year.

The Plan N is $111.00 a month.  The Part B is either Zero or $202.00.  I have to apply with Texas Adult Medicaid to see if they will pay Part B.  I am fine paying $313 a month for better choices.  I will only use the Medicare when the private providers do not take VA.  

I got to the SSA office at 2:30 and was out of there at 3:45. I was a walk-in.  The representative knew exactly what I needed.  I gave him my ID and VA award letter.  He entered everything and I was done.  I am good effective March 1, 2026.   The wait was really nothing. 

This thing with community providers not accepting VA vouchers is only going to get worse.  I see the bills.  The VA sends me every summary.  It tells me how much the provider bills, what the VA pays, and my part is zero.  I will say the majority of the time the VA does not pay enough to cover the front office, and paperwork.  The doctors have to know they are not getting paid and just do it to help veterans.  

I totally support the doctors who will no longer accept VA vouchers.  

Here is a fact.  That $1.5 million bill for my 5 weeks in the hospital never would have happened had I been on Medicare.  I would have been in San Antonio with a team which does not take VA but are well regarded for their advanced care.  

I am back to working on court matters, for now.  I will be in McAllen most of tomorrow with other doctors.

Original Post

A quick note before I head out to SSA to see if they can help me with an emergency Medicare Part B application.

There is nothing further the VA can do for me to finish assessing whether or not the high PSA and low free% PSA indicate prostate cancer.  I was told in writing the local urologist I was assigned to has permission to do the prostate biopsy and I need to work with his office.

I have worked with his office.  I cannot get past the front desk.  Whether by visiting or calling I am told the same thing.  The doctor has been too busy to look at the lab work which points to possible prostate cancer. I do not believe them.  I like this doctor and there is no way he would leave critical lab work on his desk and not review it.  

So on Monday I went to the best urology group available in SA and asked if they take VA vouchers.  Under Vets Choice I can use anyone I want so long as they take VA insurance.  I got the answer I dreaded.  They no longer take VA insurance.  You have to have Medicare.  This is the third time I have faced this problem.  Had the ENT group in SA accepted VA insurance, I never would have ended up in the hospital for 5 weeks, and then 9 weeks with out-patient daily treatment.  Oh, and that infection is back. 

So now I decide it is time to just pay for Medicare since the VA can no longer guarantee care.

Nope, I spent 3 1/2 hours on the phone back and forth with SSA and Medicare and after they could not help me I was told I have to go in for an in office appointment.  The best they can do is March 24th.  

So the local urologist is too busy to look at the lab work, and the SSA cannot help with Medicare Part B until March 24th.  This also means cancelling the Part N which starts on March 1.  It is the best available supplement to cover me all over the US and up to $50k internationally. 

Trump needs to send specialist to the LRGV to provide veterans healthcare and stop trying to send a ship hospital to Greenland.  He needs to take care of US Veterans first.

This post is a break.  I came home from the VA after being there most of the morning for unrelated care to the prostate.  My phone ran out.  

I was told to take everything I have and try a walk in and maybe they can help me on an emergency basis to get Medicare Part B.

Not edited.  I need out the door.

 

FOR MORE THAN 20 YEARS I HAVE BEEN ADVOCATING FOR HEMP: TEXAS REMAINS A PLACE WHERE HEMP IS NOT WANTED

All over the world countries have realized that planting large areas of trees in arid areas can lead to more rain.  We should not be cutting down trees unless absolutely necessary, but we do.

Had the LRGV listened to me over 20 years ago when I came to Brownsville and spoke to a group about hemp, the LRGV by now would be a major growing area of hemp, and manufacturing.  But has is always the case, the political class which keeps the LRGV depressed, could not see a profit for themselves so they opposed it. 

 

TEXAS CHIEF JUSTICE JIMMY BLACKLOCK WILL FACE FEDERAL JUDGE ROLANDO OLVERA ON CONTEMPT OF COURT CHARGES.

ALSO INCLUDED IN THE SHOW CAUSE FILING IS THE ENTIRE TEXAS SUPREME COURT ON THE ISSUE OF ISSUING A RULING ON THE MANDAMUS, AND FOR DENIAL OF THE MOTION TO RECUSE OVER THE ISSUE OF GAY MARRIAGE, SAVE JUSTICE DEVINE WHO DID NOT PARTICIPATE IN THE RECUSAL ISSUE

ON ME REAL QUICK:  I AM IN SAN ANTONIO FOR TREATMENT ON MY HIPS.  AFTER THE MORNING PROCEDURE I WILL TRY AND GET AN APPOINTMENT WITH A PROSTATE CANCER SPECIALIST.  I WILL NOT WAIT UNTIL JUNE FOR THE BIOPSY

Federal Judge Rolando Olvera should have remanded the case to state court.  Based on everything I know he will not address any of the motions until the Pretrial Hearing on March 17th. had he simply remanded the case to state court the Chief Justice and the entire Court would not be in this mess.

OKAY I HAVE TO FINISH ON MY TABLET - THE MOUSE ON MY LAPTOP DIED

Here is the caselaw I originally promised at the bottom. 

Catholic Archdioces 589 US 57, 63-64 (2020)

For all I know Judge Rolando Olvera at the pretrial hearing was going to address the sanctions motion against the COB in my favor.  It does not matter.  The parties are now in a position they will have to expend a lot of time and money preparing for the pretrial hearing.  

In state court you file a request with the court for a hearing in court or by submission.  This is how you know your motion will be heard. I can prove that in state court all a judge has to do is refuse a hearing, and your motion is denied as a matter of law, and the ruling cannot be appealed.

In federal court Judge Olvera's local rules provide that once a motion has been completely briefed you notify him by filing and request the matter be heard by submission.  If Judge Olvera believes the matter should be heard in open court, he will notify the parties.

The city hired Helen Scott to handle the removal to federal court.  There is no issue her conduct is fully sanctionable.  I will get there.

But once I was ready to ask my motion to remand be heard by submission, which is Judge Olvera's preference, I emailed as allowed the case coordinator to verify that all that is needed is my filing the matter has been fully briefed by the parties and is ready for submission.  She refused to answer me.

But Helen Scott also emailed her and got into a substantive discussion with the case coordinator over whether I had to wait until the pretrial hearing.  The rule is pretty clear, and Helen was eventually told she was wrong.  Justice must have the appearance of justice.  When the court's staff is willing to have a substantive discussion with one of the lawyers but refused to acknowledge a request to verify the motion will be submitted for submission, there is no longer an appearance of justice.

BUT KARMA HAS ITS WAY

Helen Scott did everything she could to delay the court remanding the case to state court.  I do not say this lightly.  In fact, all of the case law which justifies my Moton to Show Cause to the Chief Justice and the entire court, is a simple copy and paste from Helen Ramirez's brief to deny my motion to remand.

My position was and remains that if the case is remanded the Texas Supreme Court regains its jurisdiction to rule on the pending mandamus.  I never suggested otherwise.  In fact, I notified the Texas Supreme Court of the removal to federal court and its loss of jurisdiction.  To suggest I was arguing while the case was in federal court the Texas Supreme Court still had jurisdiction is absurd.

But Helen Scott insisted on misleading the court and, in the process, did all the research I needed that the Texas Supreme Court had no jurisdiction in the state case.

I will give you the case law as I cut and pasted it from Helen Scott's brief.

There is also the question of her argument.  She lies to the court and says there is no unique question which should be resolved by the Texas Supreme Court.  This was a lie and she knew it.  No court has ever ruled code enforcement is discretionary.  It was a question of first impression for the Texas Supreme Court.

She was so desperate to make the argument she just glossed over the rules of statutory construction.  You cannot argue the meaning of a statute without using the rules of statutory construction.  She did not because it could not be done.

In her brief as an act of desperation she argued in the alternative that it did not matter if there is no discretion because I never took Omar Ochoa's ruling to the City Board of Appeals.  There can only be a Board of Appeals if there is no discretion in enforcement of the code.  In her desperation she conceded code enforcement is not discretionary.

Whether I went to the Board of Appeals is a fact question which is not subject to a 12B6 dismissal.  My affidavit will say the issue of the Board of Appeals never became an issue because Omar Ochoa never responded to my request for code enforcement.  He just ignored me.  Then he and Helen Ramirez were party to telling Texas Lone Star they did not have to comply with the code violations.  They did same after I demanded a personnel review.  That my friends is a slam dunk Sec. 1983 lawsuit.  

Even on the sec. 1983 issue Helen Scott's motion does not align with my lawsuit.

I do not have to respond to the motion to dismiss because it must meet the legal requirements of a 12B6 dismissal, and it does not.  But I will respond before the pretrial conference.

MY HEALTH IS CAUSING PROBLEMS

I am focused on a final diagnosis of benign prostatic hyperplasia.  The problem is that my free PSA results show a high risk for prostate cancer.  For BPH the number should have gone in the other direction.  I am not waiting until June for an appointment to decide if a biopsy is required.  It is.  I have done the research. 

All the research shows if caught early I could have a life span of another 20 years.  I am not sure I want to live to 88, but whatever. 

It is hard on days when you sleep for 16 hours.  The fatigue is really bad.  My insulin is at 80 units, the max allowed with the pen, and my BS remains at 161 or higher.  I am insulin resistant and the insulin may never work.  But if I have cancer, my BS could be artificially high.

Trust me this is taxing on my mobility.  Being caught up in litigation does not help. 

 WHAT WILL HAPPEN PROCEDURALLY? 

The clerk of the Texas Supreme Court can reject my filing.  It was filed and served late this morning.  It awaits acceptance by the clerk.  I will probably be in a procedure when the notice of acceptance comes through.  I will check before I go into the procedure and post at the top if it was accepted or rejected.

I do not care if it is rejected.  It is solid and I do not need the Supreme Court to respond to my motion to Show Cause in order to file the request with Judge Olvera, and the DOJ for obstruction of justice.

I do not care if Judge Olvera takes the matter seriously.  It will go to the federal court of appeals.  When a state judge not once but effectively issues three rulings in a federal case it needs to be addressed.  The US Supreme Court has repeatedly made clear such conduct cannot be ignored.

The three rulings are the denial of a motion to recuse Missy Medary which was made moot after the removal and the court lost jurisdiction Then as to the entire court save Justice Devine the court denied my motion to recuse the court over bias based on my LGBTQ+ status.  And finally, the court denied my mandamus in a merit ruling.  All are void based on a want of jurisdiction. 

I will also be seeking an immediate removal of Chief Justice Blacklock for retaliation based on my pending complaint with the commission on judicial conduct.

This mess is going to go on and on, and John Cowen, the mayor of the City of Brownsville will be a key player in this mess. He knows he is petty and vindictive, and his shortsightedness will play out for some time.

OKAY, HERE IS HELEN SCOTTS LEGAL ARGUMENT WHICH ALLOWED ME TO FILE THE SHOW CAUSE MOTION WITH THE TEXAS SUPREME COURT

She did this to confuse the court by alleging I was saying the Texas Supreme Court retained jurisdiction.  I never said such a thing, and my notice to the Texas Supreme Court about the removal and its options prove my point.

As I noted I cannot access my brief on my laptop, Monday night I will post Helen Scott's entire legal argument I used against the Texas Supreme Court.

 

 MY HEALTH STATUS AND OTHER ISSUES

As a patient I guess I see this differently than the doctors.  But we are talking it has been about a month and a half since the PSA pointed towards cancer.  Communication with the doctor's office is difficult.

I want to make a point clear, you can have the best available doctor, but if his staff drops the ball and fails to understand the message, you will be denied staff.  In the years I defended a lot of doctors on the issue of malpractice, the number one problem was a failure to control their staff.  Amazing doctors got caught up in malpractice because of the staff and not the actual conduct of the doctor. It was always sad to see this when it happened.

So, the advanced PSA came back indicting cancer.  There is no diagnosis until a biopsy comes back positive for cancer.  But I can tell you it is nerve-racking.  My brother tells me it was 1 month from the date the first PSA came back high to his biopsy.  His was a bit over 5, my initial was 18.4.

The advanced PSA is called Free PSA.  It takes several days for an outside lab to review the sample.

The key mark is 25.  Above 25 it may be an inflamed prostate.  If it is below 25 it points to cancer.  Mine came in at 18.  But it can still be very negative for cancer.  But it is nerve-racking there is no sense of urgency from the doctor.  For me it is urgent.  Most days I spend 16 hours in bed, The computer screen is no friend when you are this sick.

As to the doctor I have no way of knowing if his staff have him the lab results I brought to the office.  For a day and a half, I could not get through on the phone.

I think my doctor is very good, based on our initial meeting. But I cannot control his staff.

ON MONDAY I MAY BE ABLE TO PROCEED TO THE FIRST BIOPSY

I am being treated with an issue related to the bursa sac in the hip area.  This is commonly misdiagnosed as bursitis when in fact it is mediatized prostate cancer.  I am being treated for bursitis with injections.  I get another set on Monday.

I will discuss what is happening with the prostate to see of the orthopedic surgeon thinks he should do the hip biopsy to rule out mediatized prostate cancer. If he does and it comes back positive, it will ensure my further treatment will be in San Antonio and not locally. 

I want to stress I have a very good local specialist.  But in Brownsville, the quality of office staff is consistently really bad.  

I AM WORKING HARD TO HAVE THE CASE AGAINST THE COB REMANDED TO STATE COURT

The COB motion to dismiss the lawsuit is entirely without merit.  The city hired an attorney who makes lots of mistakes.  She has admitted in her pleadings the enforcement of the code is not discretionary, but mandatory.  She just does not know it. The city has a board of appeals according to her, which can reverse the decision of the code enforcement officer.  This means it is not discretionary., but mandatory. 

By Monday I promise a post which will be read throughout the entire state.  The COB will look really bad.  I am working on the federal filings.  It is hard because of the way I have to use PACER to reference specific claims by the city.  

I am off to a nap, and then to hopefully finish what needs to be filed in federal court.   There is no delay in finishing the federal filing.  It is a different process.  While moving between several screens of federal filings, and research, they tend to cause me to become fatigued very fast.  Typing this is just typing. 

 

SUPREME COURT ENDS TRUMP'S TARIFFS- MAYBE

The decision is 6/3 against Trump.  But on key doctrines non-delegation of power by Congress and major questions doctrine, there is no clear guidance.  I did not read the entire opinion.  I know how to do a cursory read to identify the differences of opinion by the justices.

What this means is anyone's guess.  The opinion is not helpful.  

Six agree the tariffs are unconstitutional.  But then the reasoning part breaks down.  The six are politely attacking one another as to the basis for their reasoning.  

This opens a big door for Trump to try and get around the opinion.

TARIFFS AS A WEAPON

I want to see how this impacts Cuba.  Trump's threats against Mexico and Canada to use tariffs if they help Cuba, may no longer be a weapon.

A survey of opinions of how this opinion will work, tells me no one knows.  We must wait to see how people act, and Trump responds.

MOVING FORWARD

There are two sides to this.  Do the tariffs issued by Trump become void immediately.

The second issue is, how do those who paid the tariffs recover the tariffs already paid.

The former should be the easiest to resolve.  The latter as the Court itself noted could take years of litigation. 

 

CLASSIC TRUMPIAN

WHILE REPUBLICAN MONICA DE LA CRUZ LEADS CRY FOR PROTECTION OF CONSTRUCTION WORKERS, DEMOCRAT VICENTE GONZALEZ REMAINS MISSING IN ACTION

" The Essential Workers for Economic Advancement Act, introduced in September, would offer non-citizens temporary, renewable visas for up to nine years to work in key industries where employers are struggling to hire.

“That would help us protect and get immigrants legally for those in the construction industry,” Rep. Monica De La Cruz (R-TX) told Nexstar." Click for full article

Starting yesterday this story went national.  The LRGV is being profiled for its loss of construction workers because of Donald Trump's policy.  Monica De La Cruz is not pulling a MTG anti-Trump diatribe because she dislikes some of his policies, Monica De La Cruz is acting as a reasonable policy wonk to educate the Trump White House.

I get the Democrats have to take the House if we are to stop Trump.  But elections are about jobs.  This is a key job issue in south Texas, and it is the Republicans leading the charge.  There is an old rule in politics.  

You effectuate change through the voice of the least plausible advocate. It was said because of Nixon's well-established reputation for being anti-China, only Nixon could open China to the US without being accused of being a sellout.  

Support for deporting criminals is a big part of the Politico article on the problem.  The Republicans never supported deporting hard workers, just criminals. See Politico

It will take a Monica De La Cruz to bring about a Bracero Program for construction workers. She is a strong voice for deporting the criminals, not the needed workers. She cannot be accused of being a sellout. The Nixon analysis comes from being educated and knowing how to develop analytical models, versus just typing to appear relevant. 

If you remember the Nixon model, you will always be able to predict who will be most likely to bring about the needed change. 

 

YES, THE SHORTAGE IS REAL - THANK YOU VERY MUCH TRUMP

For about three weeks I have noticed Walmart does not have Almond Milk.  Maybe they have it in the early morning and then run out.  The shortage is real.

The problem is multifaceted.  When Tony Martinez first announced for mayor, I demanded to know his water policy, as key to expansion of our economy.  Tony not really educated in such matters claimed he would promote conservation.  As if conservation would have prepared us for SpaceX demands.

On water policy, and it will cost us more than it already is costing us, we have none.  In the same way the city lied repeatedly about the airport runway expansion and then did nothing to stop the sale of the land needed for the expansion, the city and county have allowed for the development of the land needed for the weir dam. 

WHAT DOES THIS HAVE TO DO WITH THE PRICE OF ALMOND MILK?

California has done nothing to address its water demand and droughts.  All over the world from Asia, China, Africa, Latin America, and even Russia, hundreds of millions of trees are being planted to expand the amount land good for farming.  The trees promote rain, which means water.  In the US we just cut down the trees without actually replacing them and in fact adding to the total number of trees.

Even Saudi Arabia is actively planting millions of trees to reclaim the desert.  Trees bring rain, which means water.  It is amazing the millions of trees being planted around the deserts in Africa. 

SO, BETWEEN THE LACK OF A WATER POLICY IN CALIFORNIA AND NOW WORKER SHORTAGES, THE SHELVES HAVE NO ALMOND MILK

The almond harvest in California is down because of drought and what harvest there is, is not getting processed because of a lack of workers. 

Here in Texas, we prefer to cut down trees for paper products than grow hemp.  If production issues can be resolved, bamboo may become the main source of plastic instead of oil.  In Mexico avocado seeds are already being used for plastic and in Asia they use the yuca root.  But here we prefer our limited trees and fossil fuel. 

 

IT SEEMS IMPROBABLE ANYONE WOULD FALL FOR THIS SCAM, BUT THEY DO

Look no state or federal official is going to call you and demand you pay a fine for anything.  Some fines may be referred to a collection agency.  They as a general rule will not demand you drive around town to pay the fine to BIT coin tellers.  [I say generally, because 20 years ago I had a parking ticket referred for collections.  I was not even living in Dallas at the time.  A well-known collection agency paid me I believe $5,000 to settle the suit.]

If you owe a fine, you will get notice through the mail.  Even then if you call them demand proof of the fine.  They have to give you proof or stop calling.

When I read this story, I could not believe people actually fell for the claim they owed over $20,000 for a failure to appear fine.

Click for Story

 

UPDATES ON ME AND JOHN DOE

UPDATE ON MEDICAL TESTING

It is no one's fault, but the advanced prostate blood work takes a week, and then 3 more days before I can see the result.  Far too often the veteran has to wait to see the result to then notify the doctor.  So, I am looking at 10 days before I know anything.  It is no one's fault.  It is an advanced blood test which takes time.  I am certain the final result will be some form of prostatitis.  I just have to be patient to rule out cancer.  The lab work points to a high probability for cancer, but the symptoms are more in line with an inflamed prostate needing treatment.  I hate the wait. 

I continue to undergo testing.  It blows my mind how much has to be done before a biopsy is ordered. 

Most days after breakfast I go back to sleep until about 2:30. Some days I make it through the day.  When I am awake, I am working.

I am hoping to know by Monday if the biopsy is next.  It is either cancer or a very infected prostate.  Either way there is treatment.

THE CASE OF JOHN DOE

I cannot explain what is happening.  This morning as expected the Court of Criminal Appeals refused the Petition for Discretionary Appeal.  The motion for rehearing, and the federal lawsuit are next. I have to finish something in the COB case, and then I will present to the Chief Justice of the Western District, Orlando Garcia the motion seeking assignment of an attorney to help John Doe with the federal proceeding, and for access to electronic filing.  The cost of producing the documents for hand filing is cost prohibitive.  Then there will be the issue of postage.

The Motion for Rehearing En Banc will be filed.  

There is no issue it violates the constitution to charge John Doe with a crime when there is no charging instrument.  They denied John Doe access to the record.  They denied him access to an attorney.

The case law is very strong; the record is the Holy Bible of a criminal appeal.  

On the latter issue, the Court of Criminal Appeals never denied the Motion for Leave to Amend the Petition for Discretionary Review.  Under the law this is not an option for the court.  All of this gives me the resolve to know there is a major cover-up.

What they fail to understand all of the pending federal investigations remain.  If anyone in this mess is indicted the Court of Criminal Appeals will pay with their reputation. 

Okay I have to get to the VA for more advanced testing on the prostate. 

 

ATTORNEY CHRISTOPHER PETTIT, MAY HAVE GIVEN JOHN DOE THE WIN

The context here is important.  The federal court of appeals just tossed Pettit's 50-year sentence based on federal Judge Orlando Garcia's inadvertent mistake of not correcting the impression the maximum sentence was 30 years and not 90.

The language in the federal court of appeals opinion, especially in the end, is eloquent.  But it all goes to the same issues in the John Doe case.

First on Judge Orlando Garcia. He is no Gabby Garcia or Luis Saenz.  This was an honest mistake.  When you read the posted transcript, it comes down to an honest mistake. During plea bargains sometimes judges believing the plea ends the case, just reads the perfunctory associated language needed to confirm the plea bargain.

In this case the language seems to suggest a maximum sentence of 30 years.  It was a question of concurrent or consecutive time to be served.  One allows for multiple 30 years sentences to be served at the same time, the other provides once you finish one, you start the next.

In my opinion Mr. Pettit knew the difference and sat on the issue with his lawyer to allow for the appeal.  But this is key to justice.  It does not matter if Pettit as an experienced lawyer knew he was facing 90 years; judge Orlando Garcia got it wrong.  And also, more importantly the US Attorney failed at their job. 

It is probably a win with no meaning.  He will be resentence based on a maximum of 30 years.  He will be approaching 86 when he gets out, assuming he lives that long. 

The reason I am so certain this was an honest mistake by Judge Orlando Garcia is his long history as a judge.  He led the battle in Texas to preserve the right to same sex marriage.  He is loyal to the law, but not infallible. 

THE KEY TO THE JOHN DOE CASE

"Because the words used at each stage of this case are of critical importance to Pettit’s understanding of his plea, we recount and quote from the record in some detail."  John Doe cannot do this without access to the record, and the Court of Criminal Appeals knows this.  All documents being filed with Chief Judge Garcia, will be copied to the FBI office in Austin asking for a criminal review of the Court of Criminal Appeals. 

US v. Pettit, p. 2, Click for Opinion

The Court of Criminal Appeals denied John Doe access to the record to argue his Petition for Discretionary Review.   This goes against its own well established case law.  When the entire court was asked to rule on the issue, the court ordered the motion put in the file, but not to be ruled on.

This case at so many levels is so ripe for federal review it cannot fail.

I have said it will be filed in Austin.  The Pettit case just opened the case to near guarantee of federal review.

You begin with two motions to the Chief Judge of the Western District, which is Judge Orlando Garcia.  One, John Doe can ask he be given a court appointed attorney to help him with the lawsuit, as indigent.  Two, he can ask for permission to file electronically.  In both these motions all the key evidence is presented to Judge Orlando Garcia.

Judge Garcia will know for sure John Doe was denied any notice of what he was pleading no contest to, and this according to the federal court of appeals is reversible error.  And if any judge in the Western District knows this it is Judge Orlando Garcia.  He will not throw himself under the bus for the Texas Court of Criminal Appeals.  They are without a doubt engaged in a criminal conspiracy to conceal the record which proves the criminal conspiracy. 

John Doe could not have knowingly agreed to get a GED when he knows he is too intellectually disabled to secure a GED.  He cannot comply with the terms of the plea.  The record shows Bobby Lerma ordered his client to commit felony perjury when he claimed no history of mental illness.  Just the day before at Gabby Garcia's insistence Korina Barraza filed the motion to compel a mental health review.

"We exercise our discretion to correct this error. Under plain-error review, we may correct errors that “seriously affect the fairness, integrity or public reputation of judicial proceedings.” United States v. Young, 470 U.S. 1, 15 (1985) (quoting Atkinson, 297 U.S. at 160). This case presents such an error. The right to a jury trial, guaranteed by the Sixth Amendment, is a _____________________ 3This would be a different case if, for example, the district court at sentencing had more clearly articulated that the maximum penalty was 90 years and confirmed in a colloquy with Pettit that he wanted to go forward with his guilty plea and sentencing. 13 Case: 24-50250 Document: 144-1 Page: 14 Date Filed: 02/05/2026 No. 24-50250 “constitutional protection[] of surpassing importance.” Apprendi v. New Jersey, 530 U.S. 466, 476 (2000). Consequently, “[t]he integrity of the plea bargaining system,” which results in a defendant relinquishing that important right, is “vital to our national system of criminal justice.” United States v. Palmer, 456 F.3d 484, 491 (5th Cir. 2006) (quoting United States v. Ashburn, 20 F.3d 1336, 1347 (5th Cir. 1994)). “Maintaining that integrity requires diligently policing its failure to function properly.” Id. So our discretion is properly exercised here."

pp. 13-14

The beginning of the opinion makes clear a criminal defendant's rights can only be vindicated by access to the record.  The Court of Criminal Appeals has denied John Doe access to the record. 

FOR NOW, I HAVE TO GET BACK TO MY CASE AGAINST THE COB

Federal pleadings can be taxing.  I have no problem with the burden placed on the litigants, but it has become a minefield which allows judges to deny justice not on the merit, but because of failure to comply with a local rule.

The city has a dismissal pending, which if granted sends the case back to state court because the § 1983 will no longer be pending.  Normally, I would not consider appealing any ruling by Judge Olvera, but whether my response is late or not it must comply with the law, which it does not.  Further the Motion to Dismiss does not align with the pleading. 

We are all waiting on whether he will remand the case to state court.  That should be handled first.  But we have a bigger problem.  We are coming up on a deadline where all parties have to prepare for pretrial.  It will be expensive.  

My goal is to be caught up with my federal case by Tuesday.  But timelines in criminal cases take priority.

WAS SHAKESPEARE "WOKE" 400 YEARS AGO WHEN HE WROTE THE FOLLOWING ON IMMIGRANTS?  

This is the best version on YouTube.  The Cobert version is better, but it is on Facebook.  This is a good reason why Shakespeare is so important to teach.  

It starts at 2:30.  It is like Shakespeare wrote it today.

Would a teacher at BISD be allowed to show this to demonstrate Shakespeare's brilliance. 

Back to work.

Someone sent this to me.  Start at minute 22:30. This performance is brilliant. 

 A FEW UPDATES:  ME AND JOHN DOE

NEWEST UPDATE:

The Texas Court of Criminal Appeals took no action in the John Doe case.  Speculating as to its meaning is just that, speculation.  But I now have everything I need to call on the FBI in Austin to look at the matter.  The Court of Criminal Appeals overruled their well-established case law; they have no discretion in denying a criminal defendant access to the record.  Why deny John Doe access to the record unless the Court of Criminal Appeals seeks to conceal the evidence on obstruction of justice. 

My health:  the specialist ordered an advanced PSA test, which should have been ordered a month ago.  He agreed with me, suggesting the problem was a UTI goes against protocol.  If you do not take control of your healthcare, things will be missed.  My focus remains to rule out cancer, not to confirm it.

Original Post

The VA is moving pretty fast to rule out any bad problem with my prostate.  A second set of labs were performed, and they ruled out nothing.  

Well, we did rule out the problem is caused by an infection.  This got me outside of the VA and with a community specialist.  The VA doctor suggested it was probably just a real bad infection, and I should be put on Cipro.  That note told me she made no effort to properly review my case.  My file clearly warns all providers I suffer hallucinations when on Cipro.  

The good news for me is I demanded UTI lab to rule out infection.  The lab work came back negative for an infection.

The VA is now moving fast.  I see the first specialist for the prostate tomorrow morning.  I then see kidney doctor at the beginning of March.  Labs are anyone's guess.  For about 6 months now three labs show possible early-stage kidney failure.  I stress possible.  Labs are funny, they can be so wrong, or so right which is why only a specialist can diagnosis you based on many variables. It could all be tied to the diabetes.  They cannot get my blood sugar under control.  I use a daily pen needle.  I am at 70 units, and I am nowhere near my blood sugar target.  70 units is quite high.  So, I wait on all of the doctors.  They important thing is we are moving fast.

JOHN DOE AND LUIS SAENZ

I can predict an opinion is forthcoming on issue one, no charging instrument, or I can predict the Court of Criminal Appeals will deny the Petition for Discretionary Appeal.  They ignored their own case law, supported by the Supreme Court denying John Doe access to the record.  Their own case law clearly says, no discretion allowed by the court to deny access to the record.

All I can think is, they have decided to grant the Petition on the no charging instrument issue, thereby then being able to say access to the record is not needed.  The record if it goes public makes for a bad story for Texas.

The Petition for Rehearing En Banc is ready to be filed with a few changes.

I have a solid case for federal court.  The case in federal court is not just the criminal case, but violation of the ADA.  It will be filed in Austin.  I have a clear record I tried to allow the state to do the right thing, and the courts refused.

If needed I have the Petition for Writ of Certiorari to the Supreme Court ready to go. While such a Petition is always a very big, long shot, this case is unique.  The Supreme Court loves a pro se indigent case, they can grant without further briefing so they can say pro se criminals can get a fair hearing before the Court.

The no charging instrument issue is very simple and gives the Court the kind of case they love for indigent criminals. 

 

DID THE SUPREME COURT JUST SIGN THE DEATH WARRANT OF THE GOP IN CALIFORNIA?

As you should know, California responded to Texas redistricting out Democrats from the House Delegation, by redistricting out Republicans.

The California Republican Party filed an Application for Stay of the new California map.  Today the Supreme Court refused their application, thereby leaving in place California's new pro Democratic map.

Upfront, I do not care who does it, I have always opposed redistricting based on political party.  It is not fair.  Many states have found non-partisan ways to redraw the maps. 

Both the Democrats and the Republicans seem to not understand the role of the Independents.  In this election I believe Texas Republicans will learn the Independents may vote Democrat, thereby leaving the Republicans with fewer wins.

In California there is an exodus of Republican voters.  California is way too expensive for many.  In California I believe unless the Democrats go crazy to the left, Independents will vote Democrat, 

 

I AM TAKING A BREAK FROM OUTLINING SEVERAL BRIEFS

Yesterday I slept 16 hours over 3 down times.  Having not eaten all day. my roommate and I decided to try Miranda's for dinner.

Unlike BIG Daddy's they stay open late.  Going for dinner is a good option.

As always, I try and promote local restaurants especially when they are good.

It is Tex-Mex fanfare, but good.

I had the Mexican Plate.  I enjoyed it very much.  The tostada was beans and meat and not so greasy it falls apart when you pick it up.  It stayed crip and flat.  It was very good.

I love their salsa verde.  It has the right amount of heat and is very creamy. 

Miranda's is reasonably priced, so give it a try.  Remember during the week they are open until 9 p.m. 

Guys, we have to support our neighbors.

I think Big Daddy's lost its customer base on Boca Chica when it reduced its hours.  A place like this has regulars and they want to be able to go any time of the day.  Miranda's is giving its customers a choice of breakfast, lunch or dinner. 

Back to work.  I am pulling quotes from briefs already filed.  It is very intense on my fatigue, so it is very slow. 

 

SIX YEARS AGO TODAY, I FLEW TO NY FOR A FAMILY MEMBER'S FUNERAL.  WE WERE TOLD NOT TO WORRY ABOUT SOME VIRUS.  ON THE RETURN WITH COVID STILL NOT A HARD REALITY, NEARLY HALF OF THE PEOPLE IN THE AIRPORT WERE WEARING MASKS

We can say the millions of dead internationally tell us the entire story.  There was no testing for Covid when my family passed but based on how fast they went from being okay at work, to being in a coma, I have always believed they was a victim of Covid. Now to be fair, their cancer was so advanced at the time, their passing was inevitable.

They did pass in peace on her terms.  

I can never prove my suspicion, but I hold it because science is so imperfect.  Nothing could have saved them, that is not my point.  But had science been more aggressive with the known facts, 10's of thousands could have been saved.  No one can deny once Covid was formally accepted as real, the vaccine came in record time. 

It stills amazes me how little regard we have for science and Mother Earth.  You are never to forget; correlation does not prove causation. 

As I type a new virus could be emerging out of nowhere.  We are not ready. Mother Earth is unforgiving.  An earthquake or massive storm can destroy entire areas.  We saw last year what out of control fires did to California. I laugh at the idea we could have done more to stop the spread.  

Before the fire we could have done more, like no building in high fire areas.

Okay I have been awake for about 30 minutes.  I will try and get some work done.

 

HOW WE WASH IS ALSO ABOUT RECYCLING

I actually finally woke up.  The fatigue is so bad.  Anyway, I just put in a load of laundry.  I have been using these sheets for laundry for about a year.

I am telling you they work.  I hated the pods.  My clothes always smelled like mildew.  These sheets leave a nice and refreshing smell.

There is no plastic to recycle, just a small box.  If you have limited space for laundry soap, this is a must.  But most importantly it works.

I have heavy cotton white sheets.  Heavy cotton is so much more comfortable than regular sheets. They come out a bright white every time.

Okay I need to try to work.