WOW, A VERY ROUGH DAY.  NOTHING COULD STOP THE PAIN UNTIL I PASSED OUT

I got about half of what I needed too.  The key is, I did what I needed to stop Gabriela Garcia, Bañales, and Chiuminatto as judges.  Regional Administrative Judge Missay Medary is being asked to intervene such as she did in the Elia Cornejo case.  She can do nothing and then explain why a federal judge had to act.

I do not know Judge Medary.  I think she may have mixed feelings about me.  Sources keep on telling me she forced out the CPS judge based on my evidence and formal request for an investigation. I just 

have no proof of this.  

I am not a stickler for how things are done so long as they are done pursuant to the rules. I would have preferred a report on my official complaint.  But the rules were followed for another path to solve the problem, and in the end the CPS case I was working on worked out best for the mother and younger children, before the formal dismissal. 

I do not care which path Judge Medary takes so long as it follows a valid set of rules, and the result is to end the case of John Doe.

It will not end for sure for Judge Chuiminatto. As a visiting judge the commission can more readily suspend his judicial credentials.  It is harder on a sitting judge who has been duly elected.  It happens when the conduct is sufficiently dangerous to the administration of justice.  The public reprimands I have found more than provide for the suspension of judicial credentials for both Chiuminatto, and Gabriela Garcia.  

I also found the legal foundation so justify Judge Medary to order the production of the reporter's record wherein Chiuminatto ordered me to sit down while yelling, and then while yelling "I bet he heard that." He knew I am a disabled vet and was deaf.  The federal civil rights complaint is done.  The question is will Judge Medary protect him and chance being humiliated with a federal ruling?  

She has a clear legal pathway to end this.  Of course, Saenz can do the right thing and just dismiss the case in the interest of justice based on Chiuminatto's conduct.

I think she will find a method within the law, to remove Chuiminatto from the case. 

Saenz of course can dismiss the criminal charges in the interest of justice based on Chuiminatto's conduct. I then move on to NC.

I am discussing the best path to pursue the complaint concerning Chiuminatto's decision to order John Doe to only speak English.

Immunity may fall in his case.  Because there are various ways to remove his judicial credentials, a court may find he is the exception to the rule on immunity. 

In the case of Godfrey Garza Jr., the court of appeals reversed Chiuminatto and ruled in favor of the original plaintiff.  This was a key case in the construction of the boarder wall, and alleged kick-backs to Godfrey Garza Jr.  Chiuminatto cleared Garza, but the court of appeals reversed him.

So I am going to try and sleep, then have my driver take me to McAllen early.  I would rather sit at the doctor's office than in my home.  He may take me early. 

WHAT I FORGOT

 Okay first, while finalizing all the documents for the mass press release, I notice Laura Perez-Reyes is at it again. She removed the initial lawsuit against Kathryn Roberts.  It was non-suited with clear allegations how her staff intentionally filed it in the wrong court.  It clearly said County Court at Law.  So too did the affidavit of indigence.

Laura Perez-Reyes cannot remove a record of a lawsuit.  I have printed the search which shows the lawsuit filed in the county court at law, but the district court one filed in Gabby Garcia's court has been removed.

ESTELA CHAVEZ-VASQUEZ I AM DONE

I am here in horrific pain unable to sleep because of Estela, in part.  If you remember I missed the follow-up appointment on my second sinus surgery.  The end result was the infection spreading to the inner ear bone, resulting in my near total loss of hearing.

LET THERE BE NO MISTAKE I WILL BE SUING GABBY GARCIA AND ESTELA CHAVEZ FOR VIOLATION OF MY ADA RIGHTS

In Tennessee v. Lane, 541 U.S. 509 (2004), the Court found Congress waived immunity for violations of the ADA to include the courts.  The majority of Attorney Generals wrote in favor of no immunity. But Greg Abbott, then our AG wrote congress did not waive immunity.  Of note in the Lane decision the Court opened the door to whether 11th Amendment immunity decisions are wrong when dealing with a citizen of the state suing its own state.

For now, I have lost most of my hearing because of these two.

Louis Sorola in addition to my defamation suit will be part of the ADA case. It is coming Louis. 

Estela Chavez and or her staff engaged in an ex parte with Sorola, perhaps through his staff, and appeared at the hearing wherein I should have been with my surgeon.  As we got there his paralegal came out and gave me a reset. We complained the setting of that day interfered with my appointment with my surgeon.  Estela forced me to cancel that appointment, which has now led to the loss of my hearing.

Estela knows full well, I am the only voice for the defendant and Sorola was fired when the defendant filed his notice of self-representation. 

In the previous two status hearings, Estela very short on knowledge of the law said not a word about Sorola not being in the court, and had the defendant give the status. In every other case, she tells the defendants to go find their attorney. She did not do same for John Doe.  Why does Sorola have such privilege in Estela's court?

Estela Chavez knows in order for the defendant to appear at the next hearing I must cancel my appointment with my surgeon who is going to address my loss of hearing, and general infection.

Louis Sorola "my client has no right to a translator when testifying in a criminal case."  He can dispute me on this, but why did he remain silent when the judge ordered his client to not answer in Spanish. 

Louis Sorola "I have no duty to object or report a judge who mocks a hearing disabled veteran, who has been called as a witness." 

I figure it will take two weeks for the press to review the evidence in this case.

Forget the defendant: the issues are the right to self-representation.  Denial of representation of a competent attorney who is not attacking you in court.  The right to the court transcript for use at the trial level.  The state has found the defendant must file an affidavit of indigence with the court of appeals in order to get a copy of the trial transcript for use at the trial level.  No such rule exists so the Commission and Kathryn Roberts will be sued in Austin. Indigence has already been established at the trial level.

The 15th Court of Appeals will decide the equal protection issue. In civil cases a party may object to a visiting judge but not in criminal cases.  The rule is just made up by judges.  There is no legislative support for the rule. 

The 15th court of appeals will decide if Gabby Garcia violated the constitution when she appointed the husband-and-wife team of Lawrence Rabb, and Korina by bypassing the random wheel.  That made 4 attorneys for one case.

Texas never imagined that because of the creation of the 15th Court of Appeals there must now be dueling mandamuses before the 13th and 15th Court of Appeals. What a mess Saenz, Gabby Garcia and Estela Chavez-Vasquez have made of this case.

When Gilberto Hinojosa orders the wrongful prosecution of an innocent man, he gets it no matter the cost to the credibility of the state.

There are so many constitutional violations in this case, everyone will be caught up in this for 5-10 years, and Saenz will be long gone. 

 THE EVOLUTION OF REASONING

FYI, I am awake because two pain killers, anti-inflammatory, and two medicines for sleep have all failed.  And so, the record is clear, everything I am taking is based on a prescription by the VA.  I am on my 5th antibiotic, and the infection has not dissipated one bit.  I am holding only because I finally see the surgeon on Monday. 

I am one of those people who do not respond to morphine.  When I was in the hospital last week, they gave me morphine and were surprised not only did it not help, I also did not get any sensation of a high. After my spinal surgery and gallbladder removal, they sedated me after I woke up, because no painkiller would work.

IF YOUR PROCESS OF REASONING FITS IN A CUBBYHOLE, IT IS NOT REASONING

Imagine two 4 oz balls side by side 4 inches apart.  Then in front of them at an equal distance away, are two 2 oz balls.  Use your finger to hit each two-inch ball towards the 4-inch balls.  The reaction in each will not be the same.  

You cannot duplicate any person.  The process of growth starting from conception even in identical twins, cannot be duplicated in each twin identically.  There will always be differences.  The point is, there is no biological evidence that any two people are actually alike. 

To the extent we cubbyhole people on some spectrum, we are in fact denying their existence. 

I am sorry, but as diversity in identities is changing, so too is the social construct as to gender, or in fact an acceptance there is no gender.   This is increasingly accepted by the medical community and individuals, who do not want to be locked into a label which does not fully define who they are. 

I find all LGTB labels to be oppressive because they force people into one label, instead of simply allowing them to be themselves without explanation. 

If you define yourself by a label which does not truly define self, then you will always be a prisoner to the days social construct to that label, never realizing your true self.

EXAMPLE:  "a 58-year-old woman presents herself at an ER with chest and arm pain." Compare to "a patient presents themself at an ER with chest and arm pain." When you cubbyhole yourself, you will be treated within the construct of your cubbyhole identity.  Yes, it is true a doctor is not going to recommend a man have a hysterectomy. But with each gender comes biases which will direct the doctor in their care.  But if they see you as an individual, they may not put you into a cubbyhole which does not define your true self. 

I know a seemly heterosexual woman who feels the social construct around gender to be oppressive. She is adamant, the social construct around gender her enslaves her.  What is female anyway?  There are women who are happily married to men, who insists on dressing like a man.  

ALL WORDS ARE TEMPORAL

All words, concepts and belief systems are temporal and unreal, and subject to evolution based on new inputs.

Words are nothing more than a sound which describes what you see.  But if what you see evolves, then the word must evolve.  I have multiple period dictionaries so if I am reading a document from 1512, for example, I can look up the meaning of all key words as defined in 1512. 

In various indigenous tribes in the Amazon, there is no word for grandparent.  Why, no one has lived long enough to be a grandparent.  They have not observed it, so they have not created a sound designating someone as a grantparent. 

With every new input every word, concept, or believe system changes.

Look at religion; they have all changed over the millennials as reality has changed.

I am confident most prophets, and philosopher never intended their observations to be locked in stone.  They all knew through their studies evolution was inevitable. 

Based on evolution of thought and my belief labels are oppressive, I no longer believe in gender. So, when I look at someone and engage with them, their content of character more readily stands out to me.  It is amazing how often I see no gender.

KARL MARX COULD NOT HAVE FORESEEN CORPORATISM OR A WILLINGNESS OF THE PEOPLE TO SURRENDER THEIR PRIVACY. 

Marx's dialectic of the history of economies remains correct.  His prediction on how the economies would evolve changed.  We are in an oppressive state of corporatism, and complete surrender of our privacy.  Are we going backwards as to our individual freedoms or will this new reality at some point bring us greater freedoms. Freedom is relative to your needs.  

I believe in free speech, but it may not be key to freedom.  Yes, the poor are free to speak their mind, while dying of hunger. What is more important to meaningful freedom?  Your children being fed, having a roof over their head, healthcare, and an education, or the right to yell "the government is corrupt."  Because the latter will not protect your children. 

In this era of Trump, many people voted for a change they believe would be meaningful.  They have reprioritized their immediate needs. It could come back at them in a way they do not want, but given their evolution of thought, maybe something society sees as oppressive will now be beneficial.

Whatever you believe is oppressive or beneficial, today in a few short years may change.  Your thought will have evolved. 

We are hit with a barrage of new information every day.  No word, concept or belief system is real.  they are temporal and unreal.  If they can evolve, they are temporal, and unreal. 

 GABBY GARCIA, JUST HOLD ON THERE, IRMA GILMAN CAN DO AS SHE PLEASES IN MY COURT

Well, no she cannot.  In the case of former judge Elia Cornejo-Lopez, the commission on judicial conduct issued a public reprimand against Elia because she allowed her staff to become too involved.

There is a clear email from Judge Bañales to Irma Gilman to post the notice of hearing on the Motion to Recuse Judge Garcia.  She refused.  This made it impossible then for John Doe to ask the court to take judicial notice of the order as evidence in the recusal hearing.

I need to make breakfast.  You know me, I will post the documents.

JUDGE BANALES EMAIL TO IRMA GILMAN, SETTING HEARING TO RECUSE GABBY GARCIA

"Irma:

Attached is the Order Setting Hearing on the Motion to Recuse Judge Gabriela Garcia.  Please have it entered and circulated to the parties. 

Thank you.

Jose Manuel Ba��ale"

Irma Gilman refused to enter the order, which made it impossible for judicial notice be taken of same at the recusal hearing. 

FROM THE FINDINGS OF FACTS IN THE ELIA LOPEZ PUBLIC REPRIMAND

"Judge Lopez and her staff [court coordinator Susan Betancourt] have interjected themselves into the litigation in a manner inconsistent with the role of the judiciary."  See ¶ 4, Findings of Facts in Elia Lopez Public Sanction.

It is beyond Irma Gilman, it is also the court reporter Kathryn Roberts. There is also an investigation needed as who refused to file a very specific document which had been file marked.

This is all in the mandamus which I will file with the 13th Court of Appeals on my way to my surgeon on Monday. 

I did not want this.  I just wanted to move to NC.  Saenz and Gilberto Hinojosa are the ones who are demanding this go to a nuclear end.

If Gabby Garcia would just recuse herself, Saenz would not chance an independent judge overseeing the case. 

 

THE BANDIT ELON MUSK NEXT MOVE IS EMINENT DOMAIN

The BV2 has taken the lead on Starbase, the corporate town. I have already discussed the problems facing it residents.  I guess in this new world of internet interaction, we have all decided to surrender any sense of privacy.

Several years ago, the Supreme Court found eminent domain cannot be used to take private land at a fair value to then turn it over to corporations.

Elon Musk has found the go around.  

Starbase once incorporated will be able to use eminent domain to take the private land which surrounds Starbase.

As a city they can say they need to expand for schools, law enforcement, fire stations. or sewage treatment plants. You get it - It is being done by the city, not SpaceX. But SpaceX de facto will own the city commissioners because they work for Elon Musk. 

Does anyone believe any Starbase city commissioner will ever vote against Elon Musk's marginations?

To fund the landgrab, Elon will have the city sell bonds, they will not have any money to speak of.  

How do they raise money to pay for schools, medical care etc?  It could take years of taxing his employees to have a budget reserve.

Elon Musk will do what he does best and get the federal taxpayer to pay through grants. You can rest assured the Trump administration will do whatever it takes to insure Starbase gets all the federal grants he wants.

If I live on any of the adjoining land to Starbase, I would organize my neighbors to petition the county to incorporate.  This will stop Elon Musk's land grab.

Who is heading up the landgrab?  Eddie Treviño and Sofia Benavides.  

WILL EDDIE TREVINO AND SOFIA BENAVIDES VOTE FOR ELON MUSK'S LAND GRAB?

I am at a lost.  There was a time Texans would have yelled communism, as the government takes control of private assets. It is not communism, but that is what conservatives would have called it.

In fact, it is the new Corporatism, where in billionaires can take control over our lives.

This is what happens when you have greedy or incompetent elected officials who are impressed with shiny objects.

 

PEOPLE NO LONGER FOLLOW THE RULES, BECAUSE THEY DO NOT HAVE TOO IN MOST CASE

I am too busy for this nonsense.  I prefer the Hyundai and Kia for the long-term warranty. This morning while going to Walmart, I got a text and email there was a problem with my engine.  In fact, the car jerked several times while driving to Walmart.

I called for an appointment.  I was told because of what was in the email, it would take 24-48 hours just to diagnose.  I do not have a problem with this. It is what it is.  

When I asked for the rental which is provided for in the warranty, they said no.  They said until the problem is diagnosed the warranty does not apply. They said it could be Monday or Tuesday just to learn about the problem.  I was warned the problem if verified, could result in the truck stalling on the highway.

There system emailed me.  I did not call in with a problem.  Now they are telling their Wi-Fi diagnostic system is not reliable. 

This will not hold.

This is bullshit where incompetence is demanded of employees. 

When KIA PLAYED GAMES WITH ME, I fought, and the corporate office forced the KIA dealership to address the problem. 

Years ago, when I had a problem with my Jeep, and they would not comply with the lemon law, I sues and they paid.

Most people will put up with this shit, not me. 

Tipton Hyundai is about to feel my wrath.  I need may car.

I am on hold all next week for emergency surgery or to start infusion therapy with anti-biotics.  I see the surgeon on Monday, and he will decide how we proceed.  What I can tell you is, I am nearly deaf.  The Naproxen only works for about 3 hours.  Right now, I cannot move my neck, and the ear pain is horrific.  

These idiots at Tipton think I am going to wait for my truck to be fixed before they honor the warranty on the rental.

Hyundai has so many recalls, the dealerships are losing money in their service department.

When I am done with Hyundai and Tipton they will understand eventually a customer will fight back. 

A PRODUCT ENDORSEMENT

It was recommended I use Liquid IV for my chronic fatigue and dehydration. It works.  Since I have been on it, not one nap.  If it were not for the problems with my sinuses, ears and neck, I easily would be working 12 hours a day and enjoying it.

You can find it in the food section of Walmart.

 

I AM CONVINCED TEXAS AG PAXTON WILL NOW TAKE DOWN, LUIS SAENZ AND GABBY GARCIA, ALONG WITH THEIR STOOGES, LOUIS SOROLA, LAWRENCE RABB, KORINA BARRAZA, AND ALBERTO RODRIGUEZ

 

UPDATE 2.  I just got a call from Sylvia Garza-Perez, the county clerk.  She has assured me her staff has been informed that that their job is to file what they are given and allow the courts to handle any problems. 

I had to go public with what happened to send a message, things will change. Sylvia always is great at problem solving.  I was discussing another filing issue I am still working on concerning a deed, and Sylvia was very detailed in how to fix the problem.  The people who are working to run against her are not qualified.  Sylvia may have her loyalties to people I despise, but she knows her job and will do it without regard to undue influences from third parties. 

I can assure you I will receive no such call from Laura Perez-Reyes.  In fact, I have received enough information to proceed against Laura Perez-Reyes in a removal action.  She does not have the confidence of the legal community of the people who rely on her office for other purposes. 

Update:  I'm back.  I have my new keyboard.  I have two short posts and will get back to this. I do not believe Estela Chavez-Vasquez is willfully obstructing justice in this case.  I think she just has a very poor understanding of the constitution and is for sure constitutionally challenged when it comes to constitutional rights of criminal defendants. 

The Texas Court of Criminal Appeals has made clear, a criminal defendant can proceed pro se, after declaring their intent.  But not in Gabby Garcia or Estela Chaves-Vasquez's court.  They both have intentionally allowed for the conspiracy against John Doe by his court appointed attorneys to continue. 

These facts of this case are unique in that I have been able to preserve the evidence for review.  The claims are not pure conjecture. 

See, Hawkins v. State, 613 S.W.2d 720 (Tex.Crim.App.1981)

The most telling case on the issue of self-representation is that of George Lott.  He was an attorney who reached his limits when it came to judicial corruption.  The current security you see at the courthouse is a consequence of George Lott's actions.

After killing I believe 2 people at the Fort Worth Court of Appeals, he was indicted and plead guilty.  Many efforts were made to force him to accept counsel.  George Lott apologized for his actions and pled guilty.  Because of the death penalty, the case went directly to the Court of Criminal Appeals.  

George Lott made no effort to reverse the punishment of lethal injection.  Efforts were made to force him to accept counsel.  They all failed.  In record time he was put to death.

A side note - after George Lott's claims against the judge came to light, a new client contacted me making similar claims against the same judge. I verified the judge was trying to give custody t

The court reporter Kathryn Robers has to be getting the worse legal advice possible.  The Supreme Court has ruled she has no immunity as a court reporter in terms of preparing the record. Antoine v. Byers & Anderson, Inc., 508 US 429, 436 (1993)

I am here and busy working on John Doe's case. Me, I finally have an emergency appointment with the surgeon.  We live in the LRGV where quality medical care is hard to come by.  The surgeon everyone agrees is the best has not been available.  He is now.  My hearing is now nearly gone.  It is weird to be in Walmart and see people moving their lips and you cannot hear them.

WHAT IS HAPPENING?

In John Doe's case there is the refusal of the court to address the constitutionality of the court appointment statute which allow a judge like Gabby Garcia to ignore the random appointment process and appoint attorney who will do her dirty work.

Now here is the kicker.  The mandamus on the constitutionality issues must go to the new 15th Court of appeals, while the mandamus for other issues must go to the 13th court of appeals.  There is a real chance their opinions will conflict with one another.

Now who believes the 15th Court of Appeals will be happy that on a constitutional basis they will have to decide if their mere existence is even constitutional because it forces criminal defendants to purse their appeal in two different court of appeals, setting the case up for two different results.

The 13th Court of Appeals mandamus will be hand delivered on Monday morning.  The15th Court of Appeals will be delivered by UPS on Tuesday.

Now I have to get out to get a new keyboard. I cannot do anything complex on my laptop.

By noon I will have a more detailed post.

NEW STARBUCKS IS USING A 3D PRINTER FOR CONSTRUCTION

We sat in the parking lot adjacent to the construction and watched in amazement.  I know some people will say 3d construction denies day workers jobs.  The guys getting paid to oversee the construction, are getting paid good money.  Anything which creates higher paying jobs is good.

I am curious if any of the job training centers in Cameron County are providing training.