May 28, 2018 – Memorial Day
Sent to every, ALL, Senators & Representatives of Texas Legislature
This is Second Notice of Claim. It was Previously sent on April 15, 2019
FROM: Edmund Bryan Heimlich, Human Person, Citizen of Texas, and of the United States
CLAIM ON TEXAS PUBLIC TREASURY
For Judgment Debt incurred by the government of Texas
A Legal Obligation to pay the $1,593,000 due Edmund Bryan Heimlich
TO MY REPRESENTATIVES, OUR TEXAS LEGISLATORS;
Petition of Right
I am Ed Heimlich. I am a human person, a citizen of the State of Texas, and a Citizen of the United States. As stated by the Founders of Law on our Land of Texas, and our Land of the United States of America – I have Rights I was endowed with by my creator. These Rights are inherent, inalienable, and any pretense for depriving me of these rights is illegitimate, invalid, and void ab initio.
Among these Rights is my Right to Remedy for injury done to me in my lands, goods, person or reputation. A Right secured to me by Sec. 13 of Art. 1 of our Texas Bill of Rights and stipulated by Sec. 29 as “excepted from the powers of government, forever to remain inviolate”. It is your duty, by Oath of Office and Order of our Texas Constitution, Sec. 1 of Art. 16, to preserve, protect, and defend my Right against any in the Judicial or Executive divisions of government who attempt to deprive me of it.
The amount due for injuries caused by the State of Texas has been determined by due course of law in a State of Texas District Court to be $1,593,000 with statutory interest due, when payment of appropriations made in the upcoming regular legislative session in 2019. In support is the attached certified Final Judgment in Cause No. GN100142; And the Mandate of the Fourteenth Court of Appeals for the State of Texas, Cause no. 14-95-01369-CR that established my Right to this Remedy.
I hereby petition my Representatives, our Texas Legislators, to take what they would otherwise appropriate to the artificial entity of government known as the State of Texas for the payment of the remedy due for the injury done me, to a Citizen of Texas, in my lands, goods, person and reputation by unlawful acts of those who act in the name of the State of Texas (the government). I respectfully remind you of the words carved it stone on the Texas Archives building next to the Capitol. Government on this land was founded for the benefit of the people of Texas, of which I am one. It was NOT founded for benefit of the those who are in the government to the exclusion of the benefits due the people of Texas or to render the benefits due the people as a secondary consideration to what you appropriate for those in government.
Today is Memorial Day. A day in which we remember those who gave their lives in response to their pledge of allegiance to Liberty and Justice for each individual that make up the ‘all’, and to the Republic as the means to secure Liberty and Justice. They did not suffer so that only one sector of our economy could benefit from their sacrifice. Liberty and Justice is due to those of us who serve the public in the private sector of our economy, as well as to those who presumably serve us at the expense of our taxes. You have a duty to me, as one of The People of Texas on which our government is founded, and for whose benefit it was created, before you appropriate $200 Billion for their benefit.
THE LAW –
ANCIENT, ORGANIC, CONSTITUTIONAL,
INTERNATIONAL & PRESENT
Our Declaration of Independence for Texas, and our Declaration of Independence for our United States of America, are referred to as ‘Organic Law’. The Organic Law of both lands were:
passed by unanimous votes of the Representatives of the people.
ratified by a blood sacrifice of the people.
The Laws of our Constitutions were created to secure the Law expressed in our Organic Law and established by their blood sacrifice for us, their posterity.
The Laws of our constitutions cannot be interpreted or applied to negate our Organic Law. Respect for the sacrifice of the Founders of Law on our Lands requires any such pretence be confronted and negated. Those who have taken an Oath to preserve, protect, and defend our Constitutions and Laws of the United States and of this State are bound by duty and honor to know this, understand this, and to do this.
Organic Law is the Law from which all other Law on this land finds it’s genesis and from which all Law on this land flows. To be valid and legitimate all Law on this Land must be interpreted, or understood, from the perspective of the purpose and the intent expressed in our organic law.
Organic Law for We the People of the Untied States of America
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.
Organic Law for The People of Texas
(paraphrased) Legitimate powers of government are derived from the people as a guarantee for the enjoyment of their inestimable and inalienable Rights. March 2, 1836
The Texas Constitution of March 17, 1836 was enacted just 5 days after our Organic Law. And it was enacted before the blood sacrifice came to an end with the Battle of San Jacinto. It begins with the Rights of the Individual, the Human Person, referred to then as simply “person” or “man”. The first line declares that these Rights “shall never be violated on any pretence whatever”. The same is found in our present Texas Constitution but at the end of the list of Human Rights in these words: “To guard against transgressions of the high powers herein delegated, we declare that everything in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto shall be void”. (Sec. 29 of Art. 1)
Right to Remedy forever inviolate
Eleventh in the Organic Declaration of Rights, March 17, 1836, is now found as Sec. 13 of Article 1 of our present day Texas Constitution in the exact same words.
All courts shall be open, and every man for any injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law.
It is clear to any reasonable, objective, honorable person that any assertion that a memorandum opinion of an appellate court of Texas overturned a Final Judgment on grounds the court was closed (aka; “lack of subject-matter jurisdiction” / “statutory authority” for suit). Is not the exercise of a legitimate powers of government. It is unquestionably a transgression of the high powers delegated by our Texas Constitution, and therefore void. That ruling is invalid. The Final Judgment remains VALID and it remains a LEGAL OBLIGATION of the State of Texas. Any who assert otherwise are aiding and abetting in a continuation of the Obstruction of Justice suffered by this Citizen of the State of Texas, one of The People of Texas for whom the State (government) is to benefit.
THE LAW FOR OVER 800 YEARS
The Right to Remedy for which this Petition is made has a history that can be found in the ancient texts of the bible. However; Anglo-American Jurisprudence looks to the common law of England beginning with the Magna Carta of 1215 for guidance. Therein is found the same right to remedy. See: https://www.bl.uk/magna-carta/articles/magna-carta-english-translation
(52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgment of his equals, we will at once restore these.
(55) All fines that have been given to us unjustly and against the law of the land, and all fines that we have exacted unjustly, shall be entirely remitted
In 1297 the Magna Carta was declared the common law of England with the order that it be read to the people in all churches of the realm two times each year. Therein we also find a clause that, like our Texas Constitution, voids any memorandum opinion by a Justice contrary to the Rights of the individual, the Human Rights, secured by the Magna Carta:
2. AND we will, That if any judgement be given from henceforth contrary to the points of the charters aforesaid by the justices, or by any other our ministers that hold plea before them against the points of the charters, it shall be undone, and holden for nought.
4. AND that all archbishops and bishops shall pronounce the sentence of excommunication against all those that by word, deed, or counsel do contrary to the foresaid charters, or that in any point break or undo them.
THE SUPREME LAW OF OUR LAND and
INTERNATIONAL HUMAN RIGHTS LAW
Human Rights were recognized by our Law Givers, the Founders who wrote, unanimously approved, and ratified our Organic Law. Rights of the Individual do not come from governments and are not created by laws. They exist independent of these. Constitutions and Laws cannot separate a Human from that which is inherent and inalienable. Constitutions and Laws are created to secure them from government actors that might otherwise violate or deprive an individual of their God-given Rights. Thus any “interpretation” of our Constitution or Statutory Law that would deprive a Citizen of their God-given, inherent, inalienable, Right to Remedy (compensation) for a wrongful imprisonment has only the pretense of legitimacy or validity. It is an abuse of a position of public trust and power.
This understanding of Law has, under the leadership of our great nation, acquired international acceptance. International Laws, authored by our United States of America to address the horrors of WW II and the abuses suffered by individuals under Communist dictatorships, have become a part of the supreme Law of the Land. This is Law that, as the name ‘supreme’ implies, overrules any other law or interpretation of law or pretense that would be contrary to the supreme law, on any Land that is of one of the United States or a territory of the United States. Article VI of our United States Constitution provides: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.
Titled ‘The International Covenant on Civil and Political Rights‘ the Human Rights, referred to by our Law Givers on our Land as Rights we are endowed with by our creator, are now codified as International Law. Ratified by a majority of the nations on our planet and by our United States of America, It is now a part of the supreme Law of our Land. In that covenant Section 6 of Article 14 provides: When a person has by final decision been convicted of a criminal offence, and when subsequently his conviction has been reversed, ….. The person who has suffered punishment as a result of such conviction shall be compensated.
(SHALL is a word that allows no discretion for any to disregard)
This stands as additional proof that any memorandum opinion of any court that purports to have overturned the Final Judgment of public records in cause No. GN100142, 353rd State District Court of Texas, is void and a legal nullity. My right to remedy for what our Texas Constitution provides for injury done him [me, Edmund Bryan Heimlich] in his lands, goods, person, or reputation, for the amount established by due course of law in the Final Judgment of cause No. GN100142 stands as a legal obligation of the State of Texas.
UNITED STATES SUPREME COURT DECISION
NELSON v. COLORADO
April 19, 2017
On April 19, 2017 (Patriot’s Day) our United States Supreme Court decided the case of Nelson v. Colorado.
Held: The Exoneration Act’s scheme does not comport with the Fourteenth amendment’s guarantee of due process. Pp. 5-11
And Colorado may not presume a person, adjudged guilty of no crime, nonetheless guilty enough for monetary extraction. Pp. 6-8
Colorado’s scheme creates an unacceptable risk of erroneous deprivation of defendant’s property. The Exoneration Act conditions refund on defendant’s proof of innocence by clear and convincing evidence. But defendants in petitioner’s position are presumed innocent.
In the Appellate Court’s first review of Heimlich vs. The State of Texas, cause no. GN 100142, the Court established that liability existed under the Act providing Compensation for Persons Wrongfully Imprisoned enacted into Law by our Texas Legislators in 2001. In a memorandum opinion following another review of the Final Judgment the appellate court created a scheme identical to the scheme referred to in Colorado’s Exoneration Act as an excuse to deprive the court of subject-matter jurisdiction (aka; a waiver of immunity or statutory authority to suit). Such a scheme that has now been ruled a violation of the Fourteenth Amendment to the supreme Law of the Land – the Constitution of the United States of America. The purpose and intent of the Fourteenth Amendment is found in our Texas Constitution’s first Article, section 19, our Texas Bill of Rights.
Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
If the act does not comport with fourteenth amendments guarantee of due process of law, in our supreme Law of the Land (US Const.) then it does not comport with the guarantee of due course of law established in Sec. 19 of Article 1 of our Texas Constitution.
A Valid Claim survives the invalidated Final Judgment
Even if the Final Judgment is to be considered invalid, my claim survives and remains valid. The memorandum opinion said to have overturned the Final Judgment was limited to a finding on a legislative waiver of sovereign immunity as to suit in our Courts. It was not a finding on the legal obligation of the Public Treasury and it was not a finding on the waivers of sovereign immunity as to liability established by Texas statute or by other Law. This distinction between permission to sue and to liability can be seen in Texas Law codified in the Civil Practice and Remedies Code, 107.002 (b) A resolution granting permission to sue does not waive to any extent immunity from liability.
The Legal Obligation of the public treasury remains for the liability of the State of Texas, previously established by final appellate review, as well as stipulation by the Office of the Attorney General. Furthermore; even if one chooses to doubt or question whether or not liability survived the ruling that overturned the Final Judgment then Nelson v. Colorado has re-established the States liability and reinforced the legal obligation of the public treasury.
I have the right as a Human Person, and as a Citizen of Texas, and as a Citizen of the United States, to petition the Legislators of my State to pass a legislative measure to pay the claim I have on the public treasury for the amount of injury established by due course of law. Whether or not the Legislature chooses to pay my claim is a choice that is theirs alone to make. It is a question of whether or not they will choose to honor their oath to preserve, protect, and defend the Constitution and Laws of the United States and of this State.
In support of this Petition please see the attached:
Mandate of Acquittal (actual innocence) Texas 14th Court of Appeals NO. 14-95-01369-CR
Mandate of subject-matter jurisdiction of Court / Waiver of Sovereign Immunity
Final Judgment Texas 353rd District Court, of Public Record as Cause No. GN 100142
I look forward to your response to this Petition of Right
Edmund Bryan Heimlich, Human Person, Citizen of Texas and of the United States.
Resident of District 51 Representative Eddie Rodriguez and District 21 Senator Judith Zafferini