Vist also the INFORMED CITIZENS website for additional background information. Go to www.informed.org
23 years ago the victim in this story was a very successful Real Estate Broker serving the public in Houston. But a few who act as our government, known as 'The State of Texas', brazenly violated the most sacred provisions of our Constitutions, both US and Texas. To cover up their acts of treason they secured his wrongful imprisonment via additional violations of our Texas Constitutions, and the Laws made in pursuance thereof.
He was acquitted (found innocent) by the highest court in Texas with authority to render judgments on criminal cases. Thereafter this Citizen brought a civil suit against the government know as 'The State' and, in the face of intense opposition from traitors hiding in positions of public trust, he secure judgments of Actual Innocence from both a District Court and an Appellate Court of Texas.
He proved to the satisfaction of the Texas Courts his Actual Innocence, and that his economic damages were, at minimum, $660,000. This was after the Judge, at the request of the government attorney, arbitrarily cut $400,000 off of the uncontested appraisal of the value of his business taken from him by unlawful actions of the State, our government of Texas. With post judgment interest, mandated by both statutory law of Texas and by order of the Court, the amount due in the upcoming legislative session is now over $1,400,000.
All Texans need to hear of this struggle for Liberty for ALL Texans, for Justice for ALL Texans. Any of us could wind up the same situation one day. Let’s work to restore justice, not just for this Citizen, but for all Texans. Let's work to restore Liberty, so that what happened to him will be less likely to happen to you or those you love.
Summary of a twenty (23) year pursuit Of Liberty & Justice
This is a One Page Summary in a timeline divided into three phases of this quest. The Criminal, the Civil, and the Obstruction, before proceeding to what can be done now - The Resolution.
Criminal Court process w/ State as Plaintiff
1993: Private Property unlawfully taken by government ('The State')
1995: Deprived of Due Process of Law & Unlawfully imprisoned by the government.
1999: The State 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 Court. It is a FINAL finding of acquittal & Actual Innocence.
Civil Court process. The People, via one, as Plaintiff
2000: Citizen counter sues, ie; 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.)
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. (they call it 'sovereign immunity')
2003: Texas Court of Appeals (COA, 3rd) reverses the Summary Judgment. Finds 'Actual Innocence'and, therefore, the permission from the 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 is established. See Opinion. Followed by a Mandate. Thus, State waived opportunity for Supreme Court review. No additional review of waiver of suit or liability now legally available to State.
2004: OAG request trial court (aka, 'trier of fact') determine Actual Innocence, pursuant to 103.105 of the Civ.Prac.&Rem.Code of the Compensation for Wrongful Imprisonment Act's waiver of government immunity. [103.105. DAMAGES. (a) If the trier of fact finds that the petitioner is entitled to compensation, the petitioner is entitled to:] Citizen responds by filing Motion for 'No Evidence Summary Judgment'.Judge requests briefs by both and then trial on question of 'Actual Innocence' to determine entitlement to compensation. See Judgment for the Citizen. Again - for 3rd time - Actual Innocence is found for this Citizen.
2005: Office of Attorney General stipulates to liability. That is; admits the State has a legal obligation, a debt, to Citizen and ask for Trail to determine amount. Link to the public records of the stipulations. Trial is had and the value of property taken, damaged, and destroyed by government is thereby established. See Final Judgment
THE OBSTRUCTION OF JUSTICE
- 2006: Office of Attorney General (OAG) now dishonors prior stipulation by it's Assistant, ignores prior ruling of COA 3rd, ignores Constitutional and Statutory limits on jurisdictin of courts, and files an illegalappeal.
- 2008: A Justice now writes that the legislature did not grant permission to sue the State. Although a legal nullity, this memorandum opinion has provided an excuse for obstructing justice to this 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 recorded oral, and several written stipulation of the OAG! It is obviously contrary to the plain language of the statute and the Authors of the Act of 2001 have said is contrary to the intent of the statute.
The Legislature has the power, and the duty pursuant to their Oath of Office, to fix this by making an appropriation to pay the FINAL judgment
The Attorney General cannot (lawfully or ethically) 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) was the result.
The loss suffered by this Citizen from unlawful actions of government, were found by the Texas Courts to be, with post-judgment Interest, $1,404,835.85 by Sept. 2017. It remains a Legal Obligation of the government and appropriate for the government to pay it's debt to this citizen for taking (damage & destruction) of his property.
At this point: The Texas Legislature, alone, is depriving this Citizen of Justice