Exposing the driver's license scam, part 3 (Habeas)

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Subject: Exposing the driver's license scam, part 3 (Habeas)
Date: Fri, 17 Oct 2008

17 October A.D. 2008

Attached is a .pdf file of a pre-trial habeas application. It does not include the attachments, which would make this too large to send out to a group via email. Individual email transmissions may work, however, so if you're interested in seeing the attachments, let me know. As I can, I'll get them to you.

There are two habeas applications for this case. The reason for opening this discussion is that you may have the very same type of issues where you are. "Here" (as in, in TX), the prevailing concept is that the "convicting court" is the court with which to file the habeas application. I expect that it's a no-brainer for you to realize that the "convicting court" is a party actively involved in the very act of "restraint" that is the entire focus of the habeas proceeding. What that means is that the judge of that "convicting court" is both (1) a witness to the restraint, and, even more importantly, (2) a party to the case that investigates into the illegality of that restraint. What is so stinkin' obvious to us has gone completely over the heads of the people running the show around here. They went to very special trouble to write the rules that route post-judgment habeas applications through the "convicting court" for felony cases, and it's the very same concept and habit of thought that controls the procedures also for the misdemeanor matters.

This is a pre-trial habeas application, which is one mechanism by which to challenge the jurisdiction of the court. It's worth the time to study into the why's and wherefore's about habeas before filing something, so that what you file is at least relevant to the issues before the court(s). It's too early, still, to expect a ruling, and the procedures may vary from "federal zone" to "federal zone," so I won't get into those, here, either. So, in addition to the jurisdictional challenges, note also the issue of which court has jurisdiction to rule on the habeas application, at all, given the manifest disqualification of the judge presiding over the trial, which judge is a "restrainor" for purposes of the habeas proceeding.

The goal here is a massive change in how the habeas process is run. I expect that this sort of thinking permeates the entirety of "this state," but I have not checked into that aspect of it. Maybe it's just TX that is backwards on this. Habeas is a CIVIL proceeding. It makes sense, then, that it belongs in the CIVIL court system, and in the CIVIL Rules, as conceptually as a "review" process, rather than in the CRIMINAL PROCEDURE CODE. There ARE facts to be determined, so it's an "original proceeding" as far as that goes. However, it's a matter of review of what the actual trial court is doing and has done regarding "restraint," and that part needs a bit more focus in the procedural aspects of the proceeding.

I'll send the next habeas out next week. There's just a LOT of material here, and there are a LOT of extra things going on in everyone's lives these days.

A Pre Trial Writ Of Habeas Corpus  A Pre Trial Writ Of Habeas Corpus

Harmon L. Taylor
Legal Reality
Dallas, Texas

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Exposing the driver's license scam, relating items:

First Motion for Production  First Motion for Production

Motion to Show Authority  Motion to Show Authority

part 1

part 4 (more Habeas)

part 5

NOTICE: Harmon L. Taylor is not affiliated with Freedom School.
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