Re: [tips_and_tricks] Definition of the legal term "forthwith."
- > A sworn complaint did not appear in the court records until after two
> appearances and approximately 6 weeks duration of time.Sounds like a waiver occurred.
I'm not sure if a waiver occured, however, what actually occured according to my knowledge is that I demanded a sworn complaint to be presented at each special appearance. At both appearances there did not exist a sworn complaint in the court record. The complaint was sworn after my second demand. I do this intentionally to ensure on the record of my demand for due process inaccordance with the Tx. Code of Crim. Proc. Rules. I believe this establishes the record of the violation of my right to due process and automatically brings jurisdictional challenges to the alleged case.
> I am wondering if any court would accept 70 days from the accusation
> and 40 days from the filing of a sworn complaint as reasonable for the
> command "shall forthwith?"
Sounds like somebody accepted it and permitted them to move forward
I suspect that the presiding judge (a Texas Ranger who resigned his office to run for the County Judge's office, was not elected and now occupies the Muni Judge's office) accepted it. The attorney for the STATE OF TEXAS has never appeared at any tribunal nor on paper in this alleged case.
> It seems to me that the refusal of the state attorney to file an
> information is an artifice to deprive me of my fundamental and
> substantive rights of due process.
> Any ideas?
Writ of Mandate, with the alternatives offered being PRODUCE or DISMISS!
I thought your common strategy was to enter a higher court and sue for a Writ of Prohibition. I have some understanding of the concepts but I have never done this petition before. Would I have to sue for the Writ when they are unable to answer the Writ of Mandate (Mandamus or is that something different)?
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> I'm not sure if a waiver occured, however, what actually occuredI forget, why was a second appearance necessary or made? Without a
> according to my knowledge is that I demanded a sworn complaint to be
> presented at each special appearance. At both appearances there did
> not exist a sworn complaint in the court record.
sworn complaint, what gives jurisdiction there?
> The complaint wasI can understand it occurring because I once put off arraignment 9 times
> sworn after my second demand. I do this intentionally to ensure on the
> record of my demand for due process inaccordance with the Tx. Code of
> Crim. Proc. Rules. I believe this establishes the record of the
> violation of my right to due process and automatically brings
> jurisdictional challenges to the alleged case.
in nine months, but they never succeeded and finally "dismissed"
something that didn't even exist to be dismissed, a CASE.
> Sounds like somebody accepted it and permitted them to moveI meant, it looks like YOU accepted it too.
> without it.
> I suspect that the presiding judge (a Texas Ranger who resigned his
> office to run for the County Judge's office, was not elected and now
> occupies the Muni Judge's office) accepted it.
> The attorney for theThere you go, "alleged case". Haven't you had enough yet? Who is
> STATE OF TEXAS has never appeared at any tribunal nor on paper in this
> alleged case.
milking this thing, and why?
> I thought your common strategy was to enter a higher court and sue forBack in the old days I did do that, but now I know it is ALL show, all
> a Writ of Prohibition.
smoke and mirrors, so I don't play. I disqualify everyone ASAP/IMOC and
explain that my time on Earth is short and I'm finished pretending and
playing and I don't mind if they play with the bewildered populace and
I'll even have fun with them, but I cannot take it seriously or spare
their game any time or resources. Most appear to understand.
> I have some understanding of the concepts but IWrit of Mandate (English word) is the same as Mandamus (Latin word). It
> have never done this petition before. Would I have to sue for the Writ
> when they are unable to answer the Writ of Mandate (Mandamus or is
> that something different)?
is a writ that commands that a ministerial duty be performed. The duty
has to be identified and articulated.
A Writ of Prohibition is the opposite - it commands that an act NOT take
CALIFORNIA PENAL CODE
995. (a) Subject to subdivision (b) of Section 995a, the indictment
or information shall be set aside by the court in which the
defendant is arraigned, upon his or her motion, in either of the
(1) If it is an indictment:
(A) Where it is not found, endorsed, and presented as prescribed
in this code.
(B) That the defendant has been indicted without reasonable or
(2) If it is an information:
(A) That before the filing thereof the defendant had not been
legally committed by a magistrate.
(B) That the defendant had been committed without reasonable or
(b) In cases in which the procedure set out in subdivision (b) of
Section 995a is utilized, the court shall reserve a final ruling on
the motion until those procedures have been completed.
996. If the motion to set aside the indictment or information is
not made, the defendant is precluded from afterwards taking the
objections mentioned in Section 995.
997. The motion must be heard at the time it is made, unless for
cause the court postpones the hearing to another time. The court may
entertain such motion prior to trial whether or not a plea has been
entered and such plea need not be set aside in order to consider the
motion. If the motion is denied, and the accused has not previously
answered the indictment or information, either by demurring or
pleading thereto, he shall immediately do so. If the motion is
granted, the court must order that the defendant, if in custody, be
discharged therefrom; or, if admitted to bail, that his bail be
exonerated; or, if he has deposited money, or if money has been
deposited by another or others instead of bail for his appearance,
that the same be refunded to him or to the person or persons found by
the court to have deposited said money on behalf of said defendant,
unless it directs that the case be resubmitted to the same or another
grand jury, or that an information be filed by the district
attorney; provided, that after such order of resubmission the
defendant may be examined before a magistrate, and discharged or
committed by him, as in other cases, if before indictment or
information filed he has not been examined and committed by a
998. If the court directs the case to be resubmitted, or an
information to be filed, the defendant, if already in custody, shall
remain, unless he or she is admitted to bail; or, if already admitted
to bail, or money has been deposited instead thereof, the bail or
money is answerable for the appearance of the defendant to answer a
new indictment or information; and, unless a new indictment is found
or information filed before the next grand jury of the county is
discharged, the court shall, on the discharge of such grand jury,
make the order prescribed by Section 997.
999. An order to set aside an indictment or information, as
provided in this chapter, is no bar to a future prosecution for the
999a. A petition for a writ of prohibition, predicated upon the
ground that the indictment was found without reasonable or probable
cause or that the defendant had been committed on an information
without reasonable or probable cause, or that the court abused its
discretion in utilizing the procedure set out in subdivision (b) of
Section 995a, must be filed in the appellate court within 15 days
after a motion made under Section 995 to set aside the indictment on
the ground that the defendant has been indicted without reasonable or
probable cause or that the defendant had been committed on an
information without reasonable or probable cause, has been denied by
the trial court. A copy of such petition shall be served upon the
district attorney of the county in which the indictment is returned
or the information is filed. The alternative writ shall not issue
until five days after the service of notice upon the district
attorney and until he has had an opportunity to appear before the
appellate court and to indicate to the court the particulars in which
the evidence is sufficient to sustain the indictment or commitment.
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