Summary of a twenty-five (25) year pursuit for Liberty & Justice
This is a Summary in a timeline of the ordeal imposed upon this Citizen by a government acting contrary to the Constitution and Laws of it’s people. There are three phases. The Criminal; where the government initiates a lawsuit on the Citizen seeking criminal penalties. The Civil; Found innocent the Citizen sues the government for civil Remedy. The Obstruction; Where traitors hiding in our government, having lost in both the criminal and the civil case, Obstruct Justice with additional illegal acts to prevent or impede the payment of what is due this Citizen.
Criminal Court process w/ State as Plaintiff
1993: Private Property unlawfully taken by government (‘The State’). Criminal case filed.
1995: Deprived of Due Process of Law, Citizen Unlawfully imprisoned by the government.
1999: The government admits that what it did was unlawful. Finds Actual Innocence, orders acquittal.
Actual Innocence in this case is obvious from the public record of undisputed facts. By Mandate of 1999 it is also an adjudicated fact that is not (lawfully) subject to any additional court review. This is pursuant to definition of the phrase ‘Actual Innocence’ pursuant to the common usage of words and as established by our Texas CCA & US Supreme Crt. It is a FINAL finding of Acquittal & Actual Innocence, by the highest Court of Texas. For more see link to Actual Innocence for elaboration on the definition of the phrase.
Civil Court process. The People, via one, as Plaintiff
2000: Citizen countersues, petitions for redress of his grievance established in the criminal proceedings. He does so by exercising his Right to an Open Court (Sec.13, Art. 1, Bill of Rights, Texas Const.) to remedy his injuries.
2001: Summary Judgment for government on grounds the Legislature of Texas has closed the Courts by statutory law. Court closed absent permission from Legislature to enter. (Called ‘sovereign immunity’ it is a doctrine that rips sovereignty from The People of Texas and vests it in government so that Executive Division Actors can be shielded from their duty to comply with the laws that protect the Citizen)
2003: Texas Court of Appeals (COA, 3rd) reverses the Summary Judgment. Finds ‘Actual Innocence’ and, therefore, the permission from our legislature to enter the court and obtain recovery of economic damages provided by statutory law. The Texas Attorney General waives right to further review by allowing time for Petition to Texas Supreme Court to pass. The Legal Obligation of the State first established (by Law) upon reversal of the conviction in the criminal proceeding is again established in the civil proceeding. See Opinion. The State waived opportunity for Supreme Court review and so it is followed by a Mandate. No additional review of waiver of suit or liability now legally available to State.
The waiver of the alleged ‘sovereign immunity’ for government, by the Texas Legislature, is now established and not subject to further review. In the legal profession this is referred to as “subject-matter jurisdiction”.
2005: The AG stipulates to liability. That is; It admits in the Court Record that it’s client, the State, has a legal obligation, a debt, to this Citizen and ask for a trail to determine the amount of that debt. Trial is had and the value of property taken, damaged, and destroyed by government is thereby established. Link the public records of the stipulations.
What followed are Obstruction of Justice & Official Oppression
2006: The Office of the Attorney General (‘OAG’), as the Lawyer representing ‘The State’ violates the prior FINAL rulings of the Courts, both Criminal and Civil. The OAG puts a different Assistant AG on the case and files an illegal appeal again claiming the Legislature did not waive sovereign immunity! Again asking for another review of “subject-matter jurisdiction”. The OAG gambles that, with newly elected Justices on the Court, the new Justices will allow government attorneys to violate the Law and join them in depriving this Citizen of his Right to Remedy our Texas Constitution intended to secure.
The Court, through a newly elected Justice, refuses to dismiss this unlawful request for another review of what had already been reviewed to conclusion and finality. The AG and the Court join to violate Constitutional and Statutory Law that limits the jurisdiction (authority / power) of their positions of public trust. A violation of the Constitution right to Due Process of Law (aka Due Course of Law)
PROOF the appeal of 2006 was illegal and the ruling on it is a legal nullity is found in the WRIT OF INJUNCTION to the Texas Supreme Court in which the three levels of Law – The Law of our Texas Constitution, AND the Law of the Legislature (statutory), and of the Law of our Texas Courts (the Rules of Court) – tell the Attorney General that the Final Judgment cannot be (again) appealed.
2008: A Justice not on the Court in 2003, Robert Pemberton, issues a memorandum opinion saying the Legislature did not grant permission to sue the State. In legal speak the Legislature did not waive sovereign immunity and in legal speak of identical meaning our Legislature did not grant the court “subject matter jurisdiction”. Although a legal nullity, this has been utilized to Obstruct Justice for this Citizen, a victim of government malfeasance.
The opinion is contrary to a unanimous opinion by the same COA, the 3rd, in 2003! The 3rd COA in 2008 cannot (lawfully) reverse the 3rd COA’s ruling made in 2003! Confirmed by current Chief Justice of this Court.
It also disregards both a court recorded oral and several written stipulation of the AG made in the court record! It is obviously contrary to the plain language of the statute and the Authors of the Act of 2001 have said it is contrary to the intent of the statute.
The Legislature has the power and the duty to fix this by paying the FINAL judgment
The Attorney General cannot (lawfully) dispute Citizen’s Actual Innocence or his Property Loss.
Our Texas Courts found in conclusive, FINAL, non-reviewable and non-reversible Judgments:
The State convicted and imprisoned a man whose innocence was obvious from the beginning; and,
As a result of egregious violations of fundamental rights our Texas Constitution’s Bill of Rights intended to secure, property loss (aka a taking) and injuries for which our Constitution guarantees remedy, was the result.
The loss and injuries suffered by this Citizen due to unlawful actions of the Texas government, were found by the Texas Courts to be, with post-judgment Interest, $1,593,000 now due on Sept. 2019. It remains a Legal Obligation of the Texas government (aka The State of Texas) and, pursuant to the Supreme Law of the Land, the government of Texas has a duty to pay it’s debt to this citizen of Texas for the taking (damage & destruction) of his property.
The Texas Legislature, alone, is now depriving this Citizen of Justice