Most bizarre dismissal
- During the course of the summer, I had been posting the material I was using in dealing with a traffic citation for no DL or current Registration from an alleged Texas Highway Patrol officer.
My most successful strategy to date, is to make a notice and demand for a sworn complaint and a properly filed information at the first court appearance. In the TEXAS CODE OF CRIMINAL PROCEDURE, there is a statute for mandatory dismissal if there has not been an information filed into the case prior to the first court appearance. Usually, it is my experience that it takes about 3-5 polite conversations or exchanges via notices and motions with the Justice before the case either disappears or is dismissed. This takes anywhere from 4 to 14 months.
In this case, I received an ex parte communication in the form of a private letter from Judge Tana M. Young on June 7, 2007 (It is a violation of the TEXAS CODE OF JUDICIAL CONDUCT to entertain or engage in any ex parte hearings). I responded with a private letter on June 28, 2007 giving Constructive Notice of multiple violations of the Texas Constitution and statutes under the TEXAS CODE OF CRIMINAL PROCEDURE AND THE CODE OF JUDICIAL CONDUCT in the prosecution of this alleged case. At the end of the letter I attempted a new tactic from an idea presented by Bear. I gave notice that I did not believe that there was a willful intent to deprive me of my rights in due process and therefore I construed her correspondence as an offer to contract. Since pleading to the case would have required me to become a co-conspirator to those multiple violations, I therefore declined the offer pursuant to those violations noticed in the letter.
I later received a scheduled court date with a notice to appear and filed a second notice and demand for a mandatory dismissal pursuant to the provisions in the TEXAS CODE OF CRIMINAL PROCEDURE ten days before trial in early September. The Friday before the case was scheduled to be heard on that following Monday, I received a call from the District Attorney. He informed me that the case was pulled from the docket and that I would be contacted at a later date as to when the case would be placed back on the schedule. "Don't call us, I'll call you," was the last statement he made on the phone to me. (Here was another ex parte hearing on a motion from the STATE I was going to add to the list of growing violations of due process) I had a friend in So. Calif. years ago who received such a call only to find out later that the case was held in abstencia and he was charged for failure to appear, and the held trial ruled against him. I went ahead and arrived just prior to my scheduled case only to find that the judge was out sick and the Highway Patrolman was not available because his wife had just given birth to their child prematurely and that the baby was critically ill in the hospital. The clerk, upon my request allowed me access to the record in which I found that my letter had arrived the day after she had set a trial date and mailed me the notice to appear. I obtained copies of everything that I did not already possess and went back to my work (over 65 miles away).
Since that time, the next correspondence to arrive came on the 8th day of December and was this dismissal for both causes and reads as follows (with headings extracted):
ORDER TO DISMISSON THIS THE 28TH DAY OF NOVEMBER, 2007, CAME ON TO BE HEARD IN THE ABOVE NUMBERED AND ENTITLED CAUSE THE MOTION OF THE STATE OF TEXAS THAT SAID CAUSE BE DISMISSED AND IT WOULD BE DISMISSED DUE TO THE SUDDEN DEATH OF JUDGE TANA M. YOUNG.
IT IS THEREFORE, ORDERED, ADJUDGED, AND DECREED THAT THE FOREGOING CAUSE OF ACTION BE, AND IT HEREBY IS, IN ALL THINGS DISMISSED.
RENDERED AND ENTERED THIS 28TH DAY OF NOVEMBER, 2007
(s) Judge Oreda Campbell
SEAL OF THE COURT:
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