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Writ of prohibition

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  • Frog Farmer
    ... I forget, why was a second appearance necessary or made? Without a sworn complaint, what gives jurisdiction there? ... I can understand it occurring
    Message 1 of 6 , Apr 8, 2008
      > 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.

      I forget, why was a second appearance necessary or made? Without a
      sworn complaint, what gives jurisdiction there?

      > 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 can understand it occurring because I once put off arraignment 9 times
      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 move
      > forward
      > 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.

      I meant, it looks like YOU accepted it too.

      > The attorney for the
      > STATE OF TEXAS has never appeared at any tribunal nor on paper in this
      > alleged case.

      There you go, "alleged case". Haven't you had enough yet? Who is
      milking this thing, and why?

      > I thought your common strategy was to enter a higher court and sue for
      > a Writ of Prohibition.

      Back in the old days I did do that, but now I know it is ALL show, all
      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 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)?

      Writ of Mandate (English word) is the same as Mandamus (Latin word). It
      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

      SECTION 995-999a

      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
      following cases:
      (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
      probable cause.
      (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
      probable cause.
      (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
      same offense.

      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.

      > Regards,
      > FF
      > **************
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