. \~'. .:
No. _ _ _ _ __
IN THE STATE OF TEXAS COURT OF CRIMINAL APPEALS ON ORIGINAL ACTION JURISDICTION
APPLICANT'S PRO SE MOTION SEEKING COURT LEAVE TO FILE ORIGINAL ACTION APPLICATION FOR WRIT OF HABEAS CORPUS
To the HONORABLE CLERK of said COURT:
Comes now IRSHAD ISMAIL BAIG, pro se Applicant in cause sub judice and
submits his pro-se MOTION SEEKING COURT LEAVE TO FILE ORIGINAL ACTION
APPLICATION FOR WRIT OF HABEAS CORPUS. RECEIVED IN COURT OF CRIMINAL APPEALS I. SEP 14 2015 JURISDICTIONAL STATEMENT Abet Acosta, Clerk (1) Applicant IRSHAD ISMAIL BAIG is being restrained ofhis constitutional protected
liberty and property interest by virtue of Fort Bend County Cause Number 14-CCR-
177950 under color of STATE OF TEXAS statutory law contrary to and inconsistent
with the official Constitution(s) of Texas and United States of America. Texas Code
of Criminal Procedure (2012) Articles 11.01, 11.04, 11.05, 11.09.
II.
STATEMENT OF CASE
(2) Applicant was initially charged by Information under Article 22.01 (a) (1) Texas
Code of Criminal Procedure (See Attachment A - Fort Bend County Register of
Actions) on or about December 17, 2014.
Page 1 of 3 .. -..:•
(3) On or about April 23, 2015 Applicant filed his pro-se Application For Writ ofHabeas
Corpus, Article 11.09 Tex. Code Crim. Proc. (2012). See Attachment A.
(4) In the United States Supreme Court Case ofLaChance V. Erickson 522 U.S. 262,
266; 118 S. ct. 753 (1998) and progeny it was plainly established "IF A LIBERTY
INTEREST IS CREATED BY STATUTE, DUE PROCESS REQUIRES NOTICE
AND MEANINGFUL OPPORTUNITY TO BE HEARD." Furthermore, in TARTER
· V. HURY 646 F. 2d 1010 (5 1h Cir. 1981) and progeny this Circuit plainly established
"Pro se litigant entitled to have pro-se motions considered by court although he had
appointed counsel".
(5) Applicant IRSHAD ISMAIL BAIG, while proceeding pro-se during prosecution of
Cause Number 14-CCR-177950, made numerous documented attempts to have the
Fort Bend County Court #3 entertain his pro-se Art. 11.09 Habeas Corpus
Application, however, said trial court has to date ignored every single pleading
Applicant had properly filed. During over 130 days of documented prosecution of
said Cause (supra) the trial court has set and reset said Cause for jury trial. Clearly,
taking the case to jury trial would blatantly moot and thus deny Applicant's State of
Texas and United States Constitutional Right/Entitlement to have his Art. 11.09
Application ente11ained, addressed by the trial court.
(6) On or about September 10, 2015 Applicant filed his pro-se motion to "WITHDRAW
SUBJECT MATTER JURISDICTION IN ORDER TO PROCEED ORIGINAL
ACTION JURISDICTION OF TEXAS COURT OF CRIMINAL APPEALS." See
Attachment B [3 Motions].
Page 2 of 3 PREMISES CONSIDERED:
/
(7) Applicant prays the Court to GRANT LEAVE TO FILE ORIGINAL ACTION
ARTICLE 11.09 Application For Writ OF HABEAS CORPUS attached hereto and
thereafter GRANT/ISSUE THE WRIT sua sponte; in all things. So Moved and
Prayed.
IRSHAD ISMAIL BAIG 11706 Nobility Drive, Stafford, TX 77477
Sworn to and Subscribed
before me this/:< 4day
Notary Public for
Fort Bend County, Texas
Page 3 of 3 .... I
fg/i'llt20i5 .- tylerpa;.v.co.fort-bend.tx.us/CaseDetail.aspx?CaseiD=1435051
REGISTER OF AcTioNs CASE No. 14-CCR-177950
State of Texas vs Irs had .Ismail Baig § Case Type: Adult Misdemeanor- Filed by § Information § Date Filed: 1211712014 § Location: County Court at Law 3 §
RELATED c . . sr. INFORMATION Related Cases 15-CCR-180026 (Other)
PARTY INF'OR:'t1ATIO~
Attorneys Defendant Baig, lrshad Ismail Male Asian Stafford, TX 77477 5' 8", 190 lbs
State State of Texas Robert Clopton Richmond, TX 77469 281-341-4460(W)
CHARGE ISFORMATION
Charges: Baig, lrshad Ismail Statute Level Date 1. ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE 22.01 (a)(1) Class A Misdemeanor 11/09/2014
Evr.sTs & 0RoF.RS OF THE CouRT
OTHER EVENTS AND HEARINGS 12117/2014 Complaint 12/17/2014 Information 12/17/2014 Docket Sheet 12/17/2014 ApplicationiReguest for Summons BY STATE 12/17/2014 Warrant Information Sheet 12/29/2014 Summons - M~il IRSHAD ISMAIL BAIG 12/29/2014 Summons Baig, lrshad Ismail Unserved 01/23/2015 Reset 02/27/2015 Motion {No Fee} to dismiss counsel of record 02/27/2015 Motion {No Fee} for self representation at jury trial and a II related court process 02/27/2015 Motion {No Fee} for court to set date on docket for motio ns hearing 02/27/2015 Motion {No Fee} requesting court to order clerk/reporter to make complete transcription of all open court proceedings 03/06/2015 Motion {No Fee} to Quash 03/06/2015 ~ on Motion to Quash 03/09/2015 Notice of Noo-lndigencl£ Doc ID# 03/10/2015 Reset 03/27/2015 Reset 04/07/2015 Reset 04/07/2015 Jury 04/07/2015 Motion {No Fee} requesting Pre- Tria/Identification Hearing 04/20/2015 Affidavit of Nolle Prosequi 04/23/2015 Writ of Habeas Corpus Pre-Judgment returned unsigned 4/29/15 06/10/2015 Motion {No Fee} Defendant's Pro-Se Motion Seeking Pre- Trial Suppression of Evidence Hearing 06/23/2015 Application for Subpoena By State 06/26/2015 Subpoena- Constable 2 Kausar Jehan Baig 06/26/2015 Subpoena- Constable 2 Kausar Jehan Baig (Duces Tecum) 06/26/2015 Subpoena - Constable 2 Kelly Davis 06/26/2015 Subpoena- Constable 4
http://tylerpaw .co.fort-bend. tx.us/CaseDetail.aspx?CaseiD= 1435051 1/3 tyl erpay-t .co.fort-bend.tx.us/CaseDetail.aspx?CaseiD= 1435051 Shobana Muratee 06/26/2015 Subpoena Baig, Kausar Jehan Returned Unserved 07/07/2015 Returned 07/07/2015 06/26/2015 Subpoena Baig, Kausar Jehan Returned Unserved 07/07/2015 Returned 07/07/2015 06/26/2015 Subpoena Davis, Kelly Served 07/01/2015 Returned 07/06/2015 06/26/2015 Subpoena Muratee, Shobana Returned Unserved 07/15/2015 Returned 07/15/2015 06/30/2015 Reset 07/06/2015 A!;!!;!lication for Sub!;!oena State 07/07/2015 S!,!b!;!oena- Constable 2 Kausar Baig (Duces Tecu m) 07/07/2015 Subpoena Baig, Kausar Jehan Served 07/14/2015 Returned 07/15/2015 07/07/2015 Sub!;!oena- Constable 2 Kausar Baig 07/07/2015 Subpoena , Baig, Kausar Jehan Served 07/14/2015 Returned 07/15/2015 07/07/2015 Sub!;!oena- Constable 2 Kelly Davis 07/07/2015 Subpoena Davis, Kelly Served 07/09/2015 Returned 07/10/2015 07/07/2015 Sub!;!oena- Constable 4 Shobana Muratee 07/07/2015 Subpoena Muratee, Shobana Returned Unserved 07/15/2015 Returned 07/15/2015 07/10/2015 Motion {No Fee} Defendant Pro Se Motion 07/14/2015 Co!;!Jl Reguest 07/14/2015 Motion for Discove!Jl and order 07/14/2015 Motion {No Fee} requesting finding of fact with conclusions of law; and order 07/15/2015 Motion {No Fee} objection to trial court consolidation of more than one charging instrument offense for prosecution in a single trial 07/20/2015 Motion (No Fee) Def Notice to Court and State on Intent to Produce Expert Witness 07/20/2015 Motion (No Fee) Def. Pro-Se Motion Electin g Trial Jury to Assess Punishment 07/21/2015 Reset 07/21/2015 Affidavit ProSe 07/21/2015 Affidavit ProSe 07/21/2015 Motion {No Fee} Def. Pro-Se Motion to Dismiss Cause Sub Judice For Want of Prosecution 07/28/2015 A!;!!;!lication for Sub!;!oena 08/03/2015 S!,!b!;!oena- Constable 2 Kausar Jehan Baig 08/03/2015 Sub!;!oena • Constable 2 Kausar Jehan Baig (Duces Tecum) 08/03/2015 Sub12oena- Constable 2 Kelly Davis 08/03/2015 Sub12oena - Constable 4 Shobana Muratee 08/03/2015 Subpoena Baig, Kausar Jehan Returned Unserved 08/14/2015 Returned 08/14/2015 08/03/2015 Subpoena Baig, Kausar Jehan Returned Unserved 08/27/2015 Returned 08/27/2015 08/03/2015 Subpoena Davis, Kelly Served 08/05/2015 Returned 08/10/2015 08/03/2015 Subpoena Muratee, Shobana Served 08/20/2015 Returned 08/24/2015 09/03/2015 Reguest For Order of Protection Re garding Disclosure of Evidence 09/04/2015 Order Of Protection Regarding Dt·sc/osure of Evidence - not signed 09/04/2015 Motion {No Feel Applicant Pro Se Motion T Expedite Disposition of Subject Matter In Article 11.09 Application For Habeous Corpus Relief 09/15/2015 Jury Trial (11 :00 AM) (Judi dal Officer Lowery, Susan G.) http://tylerpaw.co.fort-bend.tx.us/CaseDetail.aspx?CaseiD=1435051 2/3 •• '9/11/201,..- tylerpa,w.co.fort-bend.bcus/CaseDetail.aspx?CaseiD=1435051
Prose 01/2312015 Reset by Court to 03/10/2015 0311012015 Reset by Court to 03/27/2015 0312712015 Reset by Court to 04/0712015 04107/2015 Reset by Court to 0710712015 07/0712015 Reset by Court to 0712112015 0712112015 Reset by Court to 09/1512015
http://tylerpaw.co.fort-bend.tx.us/CaseDetail.aspx?CaseiD=1435051 3/3 ' u - •. .... .. (
No. 14-CCR-177950 County Court at Law No. 3 Fort Bend County, Texas
) STATE OF TEXAS ) IN THE COUNTY COURT AT LAW ) NO.3 v. ) ) FOR IRSHAD ISMAIL BAIG, ) ) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS ) ) _____________________________) IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS (T.C.C.P. ARTICLE 11.09; 11.05; 11.04; 11.01)
Applicant: IRSHAD ISMAIL BAIG Date of Birth: April 07, 1964
1) On or about January 20th, 2015, Applicant was notified via computer public records
review of a pending misdemeanor charge of Assault Causing Bodily Injury; Family
Violence/MA. Said misdemeanor charge being officially processed by Meadows Place
Police Dept. (See: Attachment A, Misdemeanor Complaint dated 12/16/2014).
2) Case was assigned to Fort Bend County Court number 3. On January 23, 2015, Applicant
gave oral notice to Court Judge of his right to speedy trial and the case was rescheduled
to March 10, 2015 beginning a series of delays.
3) On or about March 05, 2015 just prior to Applicant March 10, 2015 scheduled Hearing
date, the State alleged Complainant signed and filed with the Fort Bend District Clerk
office a sworn, signed, notarized AFFIDAVIT setting forth in some five numerical ' . '. t.-:·-~~~-- 14-CCR-177960 WRHCF Writ of Habeat Corpus Pre- Judgment 3640956
p.- Ctt<- \'17£1 50 No. 4' County Court at Law No. 3 II Ill Fort Bend County, Texas
) STATE OF TEXAS ) IN THE COUNTY COURT AT LAW ) NO.3 v. ) ) FOR IRSHAD ISMAIL BAIG, ) ) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS ) )
IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS UNDER T.C.C.P ARTICLE 11.09 (Misdemeanor)
I) On or about January 201h, 2015, Applicant was notified via computer public records
review of a pending misdemeanor charge of Assault Causing Bodily Injury; Family
Violence/MA. Said misdemeanor charge being officially processed by Meadows Place
Police Dept. (See: Attachment A, Misdemeanor Complaint dated 12/16/2014).
2) Case was assigned to Fort Bend County Court number 3. On January 23, 2015, Applicant
gave oral notice to Court Judge of his right to speedy trial and the case was rescheduled
3) On or about March 05, 2015 just prior to Applicant March I 0, 2015 scheduled Hearing
date, the State alleged Complainant signed and filed with the Fort Bend District Clerk
office a sworn, signed, notarized AFFIDAVIT setting forth in some five numerical ' . ..- •
paragraphs and with no uncertainty of detail that at no time incident to the basis of State
Misde.meanor allegations in cause number 14-C.C.R.-177950 did the Applicant Irshad
Ismail Baig ever cause Complainant actual offensive, provocative or painful physical
injury which AFFIDAVIT constitutes objective evidence plainly contrary to and
inconsistent with State Misdemeanor Complaint. (See Exhibit 1: Affidavit of Kausar
lrshad Baig attached herewith)
CAUSE:
4) Applicant pro-se would and does aver to and submit to the Court that before a criminal
charge (felony or misdemeanor) may be officially recognized, sustained, acted upon by
an honorable court of law, there must be evidence with sufficient indica of reliability to
support a conviction of some degree.
5) Applicant pro-se has obtained and filed with proper Clerk of Court the Complainant
sworn Affidavit of Nolle Prosequi (copy of same at Exhibit 2 herewith)
6) Applicant pro-se submits to the Court that the State prosecutor has absolutely no medical
evidence that Complainant suffered bodily injury from the Applicant as charged by State
Complaint. See: In re M.G.M. 163 S.W. 3d 298; In re Cummings 13 S.W. 3d 472, 477
[Tex. App. Corpus Christi 2000]; Woodson V. State 191 S.W. 3d 280 infra. [App. Dist. 10
2006]; Johnson V. Brewer & Pritchard PIC/ [73 S.W. 3d 193 Tex. 2002]; Ivy V. Phillips
Pet. Co. [36 F. Supp. 811 S.D. Tex. 1941 ]; "Verdicts cannot rest on conjecture or guess";
In re Winship, 397 U.S. 358; 90S. Ct. 1068 [1970] Tex. Penal Code Section 22.01
Assault (A), (B); Section 71.002 (b); Tex. Family Code Section 71.003
7) Here, the State has no reliable Evidence but squarely relies on a signed statement of
Kausar Baig whom never actually read the statement at any time and was obviously .. ...
coerced into signing the statement by serious fear of having her children taken away from
her and put in State custody.
RELIEF SOUGHT:
8) Applicant pro-se seeks immediate Dismissal with/without prejudice as it pleases the
Court of all criminal charges related to or arising out of Cause Number 14-CCR-177950
Fort Bend County, Texas. So moved and prayed.
Writ GRANTED/DENIED Respectfully submitted
Presiding Judge IRSHAD ISMAIL BAIG
Date: '2015
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CAUSE NO. 14-CCR-177950
THE STATE OF TEXAS
TO ANY PEACE OFFICER OF THE STATE OF TEXAS- GREETINGS:
YOU ARE HEREBY COMMANDED TO SUMMON: IRSHAD ISMAIL BAIG 11706 NOBILITY MEADOWSPLA
rt in aoswer to this SUMMONS will c:ause the Court to immediately issue cc:used.
AID COURT, at office in Richmond, Texas, on this the 29th day of December, 2014
"It Is an offense for a pel"!lOn to intentionally inftuen It is also a felony offeose to harm or threaten to account of the service of the person as a witn
"Es delito intimar u obligar a un testigo a dec:larar con es delito penal herir o amenazar eon herir a un tes · haber dec:larado en julcio o con el afan de impedir o
Cametobandonthe ______________________________ (1) Exec:uted at·------:--:-::----,------c:- ontbe __________~ at _______________________
TO CERTIFY WinCH WITNESS MY HAND OFFICIALLY.
(2)1, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___,....
SWORN BEFORE ME, this __day of _ _ _ _ _ _ _ _ __, 19__.
• (1) Strike if not applic:able. (l) Use only if person other than Sheriff or Coostable served process. •NOTE: POLICY OF NON-DISCRIMINATION ON THE BASIS OF DISABILITY Fort Bend County does not discriminate on !lie basis of disability in !lie admission or access to, or trealmal1, or employment in, its programs or B-discriminatioo r
•.. No. l~CR-177950
. .
STATE OF TExAs . ; _ _ : . - - - : - ' - - - - - - - - - - - . ) ~.
) ) ·-~ ) BEFORE THE COUNTY COURT . . .· . . \· . ) AT IAW.N0.3FOR .IRSHAD ISMAIL BAI~ ) FORT:·BEND .... ·. COUNTY, TEXAS "·) Wendant, Pro Se -_) . ·,~ ..
SWORN AFFIDAVIT .~·~ ·~;
•-1, 19\USAR IRSHAD BAI~ hereby, J.terein swear. upon oath under penalty of perjury according _. . · to .taw· that the following declarationS;: averments, statements of fact, paragraphs 1 thru 5 are true . (i_ ··•· ·• Jmd ~rlect'beiilg·baSed upon my oWn. personal knowledge and experience. · ... 1). .1 wa5 JxmiAugust 22, 1972 and presently ~side at 11706 Nobility Drive in Stafford, Texas ··. 7"7477 and my telephone number is 281-658-2640. On or about November 09, 2014 at above ... reSidenCe my husband Irsbad Ismail Baig and I ~ a misunderstanding; disagreement resulting • in a serious. mgument oonceming our financial pOsition. ·2).. Alth~ at the suggestio~ and assistance of my friend I was taken to a nearby ·police station wf:iere· I ·>ied some. fOrm ofComplaint against my husband, I was too nervous to read the ·. • compiaint'SO I merely signed at the place I was told to sign by policeman. . . . •· ·3}.-.bays i.aier; oil or. about November 20, 2014, I was questioned by C.P.S. and informed that my . ·. chikJrenpould ~taken away from me by the State of Texas if I refused to sign papers for some ":Pr6kdive QMer." I looked at the p8perS and signed theni for fear oflosing my children. I never ~ those papers either. . . . 4) · My children are my life and if they were taken away from me, I could not live. I believe Mr. •· <-:EJiriC.oF-enlando was o~e of the officers who talked to me. The State employees who talked with .· me Were vezy· Dice b1Jt when it inVolved the State taking my children, I heard. and understood ·. ve!y 'clearly arid there was· nobody that could quiet that tremendOus fear in my heart. · · · ·5) I ne\rer suffered any actual o:ffeJ:lSive, provocative or painful ~hysical ~uries from my · -husband li:shad Ismail Baig at any tiine dming the names, dates, places incident as a basis for ··. State prosecution arising out of Fort Bend Cotmty, Texas. · ·
· ·. FUrther Affiant sayeth not. . ' ''.
No. 14-CCR-177950 County Court at Law No. 3 Fort Bend County.- Texas
) STATE OF TEXAS ) IN THE COUNTY COURT AT LAW ) ' N0.3 v. ) ) FOR IRSHAD IS~ BAIG, ) ,· ) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS ) )
, I
AFFIDAVIT OF NOLLE PROSEQUI
I, KAUSAR IRSHAD BAIG, do solemnly swear, aver, declare upon oath, under penalty of peJ.jury, according to law that the following two paragraphs are true and correct based upon my own personal knowledge and experience.
1) The only reason I ever signed any type paper work or document related to Fort Bend County, Texas Misdemeanor Cause Number 14-CCR-177950 was because I was placed in serious fear of losing parental custody over my children due to open threat by State of Texas employees interviewing and questioning me about a family incident.
2) I do not intend to prosecute, neither will I participate in any future court or State sponsored activity related to Fort Bend County; Texas Cause Number 14-CCR-177950.
Further Affiant sayeth not
RECEIVED KAUS IRSHAD BAIG 11706 Nobility Drive APR 20 Z015 Stafford, TX 774 77 Phone: +1 281 6582640 DISTRICT ATTORNEY'S OFFICE ' \ .. ·_~· ·.I .. 14-CCR-1TI950
c 0 AFFI Affidavit 3539316
ll\ll\lll\lll\\\ll\ll\l\l\ll\l\\Ill \1\ I No.14-CCR-177950 County Court at Law No.3 Fort Bend County, Texas
) STATE OF TEXAS ) IN TilE COUNTY COURT AT LAW ) NO.3 v. ) ) FOR IRSHAD ISMAIL BAIG, ) ) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS ) )
I, K.AUSAR IRSHAD BAIG, do solemnly swear, aver, declare upon oath, under penalty of perjury, according to law that the following two paragraphs are true and correct based upon my own personal knowledge and experience.
1) The only reason I ever signed any type paper work or document related to Fort Bend County, Texas Misdemeanor Cause Number 14-CCR-177950 was because I was placed in serious fear of losing parental custody over my children due to open threat by State of Texas employees interviewing and questioning me about a f~ily incident.
2) I do not intend to prosecute, neither will I participate in any future court or State sponsored activity related to Fort Bend County, Texas Cause Number 14-CCR-177950.
Further Affiant sayeth not.
IRSHADBAIG "AlNfiO~ mna um:~11706 Nobility Drive SVX )4~313 J.1NI103 31 Stafford, TX 77477 ~~ Phone: +1 281 6582640
No~T
MAUHAKHAN MY COMMISSION EXPIRES 0311.:1 t~f Septamber12,2016 ~. .:~r:>.:·:.:.::::S:1f.:;=~=·J ~::;:::::;:::;::·::i;;::~:.:;::.:.====·=·==·:·:·:·:;;:·:·:·:·::::: :.·:::::::;;::;;;::::;:.::::·.:.:.:::::::::;::;::;;~::.:;_:.-;·;·:w::::.:.:::.:.:.:.::::;;:;::z.:::::::.:.:·:!:=.::.:.:::.:;;::;;.:;;:;;;.-;:~;~:;;;:::i~·.;:::::;::;:::;::::::;::.:::::;;.;~::;·:::·:-;:;:;:::;:;:;;;:;:;~::;;··············:··· ·.·.·-:-···-·-:-:-:···········:·:·:··-;-:·:-···-·.·.·.·.·.··:···=·=-··:·:·:·:·:·:·:····~~~-;.-~·:·;::·:·;.-;-:·;·;-;·:~-:-::;::·:::·:::·:::·:·~·:·:·:·;·;·:·:·:·;::·:·.::·:·:·:·:·:·:·:·:·:·:·: ,,
14- CCR -117950 MOTI Motion (No Fee)
No.14-CCR-177950 County Court at Law No.3 ~lli\1111111~111 Fort Bend County, Texas
BEFORE THE COUNTY COURT ATLAWNO. 3
FOR
DEFENDANT PROSE ROCEEDINGS IN ABEYANCE UNDER INSTANT CAUS -1 5 PENDING DISPOSITION OF 'L..~J....... US CTION NOW BEFORE THE USTIN, TEXAS
TO THE HONORABLE JUDGE OF
Comes now, IRSHAD ISMAIL B
entertain subject matter jurisdiction at the same time frame.
CASE FACTS
1) On or about December 17, 2014, Fort Bend Prosecutor filed
2) On or aboutApril23, 2015, Defendant acting in pro-se capacity, filed h"
11.09 Application for Writ of Habeas Corpus (pre-trial action) with the Fort Bend . .:.~:8.:~;=:.=8.:lli~:::::::::.o:::::::::~:=~~=i:::~;:::~~-~~;~~~~:;:::~;=:~:~:=:::·:·:=:-;:;;,:;:::::::::::::::·~:M;~:~::;;.:w;;;::~:::::::.;<:=:.::::· ·:=:=:·:·:=:=:=:=:=::::;:;::=:>:=:=:=z:::;:;.~:~::::;;.:;::_~:;;;~:~:;:;::.:.:.:.&.::=:=:=:·:=:=:=:=:·;;z:::::::::;:;:;~::::r;;.;::::•:=:=:=:=:r:::::::::::::~::.~u::;-:;~:;.:~::i&&;:·:·:·.·:·:.;-:-:;:,;z:;:·:·:·:·:·:·:-;-;-:...·:·:~:~~;=;:;0;~~~-:·;·.;;;:......~..:·:·:·:~;:;-~:..:::;;:z:;:;.;•::;;:::;:::=:::·~=;:;.;::::::.·
County Court (No. 3) Cause number CCR-177950, making a pre-trial challenge upon
3)
at warrant complete dismissal of all fact related
criminal charges aris ainst Defendant in Cause No. 14-
CCR-177950
4) Because the higher court has tot
pleading and enter appropriate notice
MOTION GRANTED/DENIED
PRESIDING JUDGE
- - - - - - - ' 2015 No. 14-CCR-177950 County Court at Law No. 3 Fort Bend County, Texas
) s ) BEFORE THE COUNTY ) COURT ATLAWNO. 3 ) ) FOR ) ) ) FORT BEND COUNTY, TEXAS ) ) '
the District Attorney Office of Fort
_ _ _ ____, 2015 6'f:'\ ~tttJ
No. \ 4 .. ue- \ t"""f '16l5V . County Court at Law No. 3 Fort Bend County, Texas
) s ·) IN THE COUNTY COURT AT LAW ) N0.3 ) ) FOR ) ) ) ) )
1)
review of a pending misdemeanor charge
Violence/MA. Said misdemeanor charge being o 1
Police Dept. (See: Attachment ;1, Misdemeanor C
2) Case was assigned to Fort Bend County Court number 3.
gave oral notice to Court Judge ofhls right to speedy trial and e
3) On or about March 05,2015 just prior to Applicant March 10,2015 s,~~~tw~rttJ ED date, the State alleged Complainant signed and filed with the Fort Bend n· . ~!'70tS . . office a sworn, signed, notarized AFFIDAVIT setting forth~ somelllfl~NE , YSOFFICE d with no uncertainty of detail that at ·no tim
or allegations in cause number 14-C.C.R.-177950 did the Applicant Irshad
ail Baig ever cause Complainant actual offensive, provocative or painful physical
IT constitutes objective evidence plainly contrary to and
4)
officially recognized, sustained, acted upon by
an honorable court o e evidence with sufficient indica of reliability to
5)
sworn Affidavit of Nolle Proseq
6) Applicant pro-se submits to the Co
evidence that Complainant suffered bodil
Complaint. See: In re M.G.M. 163 S.W. 3d 298;
[Tex. App. Corpus Christi 2000]; Woodson V. Sta
2006]~ Johnson V. Brewer & Pritchard P/C/ [73 S.W. 3d 193
7) Here, the State has no reliable Evidence but squarely relies on a signed stat
K.ausar Baig whom never actually read the statement at any time and was obviously
Pag~ 2 of3 coerced in o signing the statement by serious fear of having her children taken away from
RE
see immediate Dismissal with/without prejudice as it pleases the
~mu·tal charges related to or arising out of Cause Number 14-CCR-177950
Respectfully submitted
Date: _____, 2015
Page 3 of3 j j j j j j j j j j j j j j j j j j j j j j j j
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j j j j j j j j j j j j j j j j j j j j j j j j j j --"ts:f·· .,.;;w 0 CAUSE NO. 14-CCR-177950
THE SfATE OF TEXAS
AID COURT, at office in Richmond, Texas. on tills the 29th day of .
"Es delito intimar u obligar a un testigo a dedarar CSK(JaJS.,.~i'6 es delito penal herir o amenazar c:on herir a un haber declarado en juiclo o con el atau de iJIIpedJr o
TO CERTIFY WHICH WITNESS MY BAND OFFICIALLY.
(2)1, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___.,.. ..
SWORN BEFORE ME, this_day of------~ 19_.
• (1) Strike if not applicable. (l) Use only if person other than Sheriff or CoDS1able served proc:ess. • NOTE: POUCY OF NON-DISCRIMINATION ON mE BASIS OF DISABILITY Fort llcml County does DOl discriminollo 011 the basis aferB. Texas 77471, phone (211) 341-8618 has beaJ dcsi~ to coonlimal: compllaal:e wilh tbo aoo-dlocrimiDal ~ ~ ia Sccd01135.107 ofthe 0cpanmcnt of IUSiicc ~- lnformatioll oom:emiJ1g die pruvisioos of the American wilh Disability Ac:l, llld tile rigbts provided 1b=mder. is IMiilable !tom tilt ADA Coordinator. ORIGINAL ·:;~ ~- -· ~ ... ".~ ~.. . ·.:.·.: -: (~til~P _
: ··~·. .
'"'· No. 14-CCR-177950
)...,...,..-----'~~-r----'--------,) ~v :: ·.} . . ;
) ) ) BEFORE-THE COUNTY COURT ) AT L).\WNO.iFOR ) FOiq-BEND COUNTY, TEXAS ~:.... ·>) -.)
. ,_.'
... ~~ 'tMti.SARIRSHAD BAIU ~by, .,.:··:,..:=e.~~~::=~n·m o . ·. . .· .. ,..l)'"_.Iwa& ~-August 22, 1972 aDd_pre~IYresi - · ·77_417 ~ myteleplioiie number is 281-658-2 · ... tesdente m.y'.husban(Hishad Ismail Baig I a miSUJld~8Jl4ilig; . · . in:a ~--argUm~~Dceming our · · p(;siti· 2}.. -A!~ at the.suggestiop. and assistance of mv/ITirP.ntt -.---v- a nearby police station · ·. -~}·~~-~ofComplaintagat"~oy nervous to read the · · ·.~ .Compl~·l tn~y signed at the plaCe I .a to Sl.!lnH'JV ·. . .-~)::t~J?a}'$ ~ -on-or,ab_o1Jt November 2~, 2014, 1 ~ .: · ed:b . ; :·. • :~.~lll:d ~-~'away froin_Jil
. ·. :. -·~ ·4.>: .. -:~y:~dieil.·are my life and iffu.ey were taken away .. . . ' .-~':Fdi)ando waS o•e efthe offi~ Who talked to me. l.D.C--illal~· .... . ~~\~c~rt{v~J~ ~-yilt.~nJt iiwoiy~trttte:state taking _my c.blll4J.~_)) · ·._:; Wfy :Cleirly.~~~ nobody·tbait wuld quiet that tremelldOus . ..... ~). _'J n~~-si#f~. any actual O~ve,· provocative oi painful ph'VI.li~I/ITI'I .·.-·husband Itshad-;Ismml Baig at ~Y tiine during the names, dates;p ~-~-.,.,_ ··· State prosecunon arisitig·oUt ofFOrt: Bend Co~:. Texas. ·
· .· FUrther Affiant sayeth not. . No.l4-CCR-1779SO · County Court at Law No.3 Fort Bend Countyr Texas
) STA: ) IN THE COUNTY COURT AT LAW ) ' N0.3 v. ). "'\· ·. ) FOR ) ,-,) ) FORT BEND COUNTY, TEXAS ) ) ·.<--...... j
I, KAUSAR IRSHAD BAIG, do solemnly s., ....... __.... ~ under penalty of petjury, according to law that the folio · based upon my au\.l""
1) The only reason I ever signed any type pape iic. or c1Q£:Um.~ Texas Misdemeanor Cause Number 14-CCR-177950 ~rbeyaWse losing parental custody over my children due to nrvmA·hi'F!At-1'"' interviewing and questioning me about a family inci
2) I do not intend to prosecute, neither will I participate · activity related to Fort Bend Cmmty, Texas Cause Number 1
RECEIVED APR 20 2015
N.Texas ., ." .·:, , :' . ~ ... ~ DISTRICT AITORNEY'S OFFICE
·' . \ . : MALiiA . .· MYL.~s.'~ ~~~~/· , ··'· . . ·.. 1 · .. ·... ·· ··,,,,~·I J, . !,' J. ·- ., 14-CCR-1779110 MOTI Motion (Mo Fee) 3680761
No. 14-CCR-177950 \II I l\\ County Court at Law No. 3 Fort Bend County, Texas
) s ) BEFORE THE COUNTY ) COURT AT LAW NO. 3 ) ) FOR ) ) ) FORT BEND COUNTY, TEXAS ) )
setting forth the Court reasons for not grant
Corpus relief prior to actual jury trial on subject
1) On or about April 23rd, 20 15 Defendant filed his
Habeas Corpus Art. 11.04, 11.09 Tex. Code Crim. Proc.
2)
disposition before the Court instanter.
3) On or about June 30,2015, some 68 plus days beyond filing date ofsutr
habeas corpus Application, the Court consolidated this Cause number with pre-
Page 1 of2 existing cause number 15-CCR-180026 and summarily scheduled jury trial of both
21 5', 2015. Cause number 15-CCR-180026 also has an unanswered Art.
habeas corpus filed on or about May 13, 2015.
p
leadings summarily continuing to jury trial then Defendant's
n I rights of meaningful access to courts; access to the Great
5) address and dispose of
. 1.04; 11.09)beforeJuly21,
States requires. So Moved, Prayed.
MOTION GRANTED/DENIED:
Date: _ _ _ _ _, 2015
Page 2 of2 No.14- CCR-177950 County Court At Law No. 3 Fort Bend County, Texas
) STATE OF TEXAS ) COUNTY COURT AT LAW ) v. ) ) No.3 IRSHAD ISMAIL BAIG, ) ) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS ) )
CERTIFICATE OF SERVICE
I, IRSHAD ISMAIL BAIG, hereby certify I have delivered a true, correct copy of
foregoing, attached Motion:
(1) Defendant's ProSe Motion to Withdraw Subject Matter Habeas Corpus Jurisdictio~ .
and Proceed Original Action in Texas Court of Criminal Appeals in Austin, Texas
To:
a) Fort Bend County Clerk Office
b) Fort Bend County District Attorney Office
c) Fort Bend County Attorney Office
IRSHAD ISMAIL BAIG
1 DISTRICT J=t'H0HN£Y'S Off~CE No.14-CCR-177950 County Court at Law No. 3 Fort Bend ·county, Texas
) STATE OF TEXAS ) BEFORE THE COUNTY ) COURTATLAWNO. 3 v. ) ) FOR IRSHAD ISMAIL BAIG, ) ) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS ) )
DEFENDANT PROSE MOTION TO WITHDRAW SUBJECT MATTER HABEAS CORPUS JURISDICTION AND PROCEED ORIGINAL ACTION IN TEXAS COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS
TO THE HONORABLE ruDGE OF SAID COURT:
Comes now IRSHAD ISMAIL BAIG, pro-se Defendant in Cause sub judice and
hereby, herein NOTIFIES the Court of Defendant's ~ntent to withdraw all subject matter
Habeas Corpus jurisdiction in above styled, numbered cause of action; thereafter, to file said
subject matter Habeas Corpus as Original action in Texas Court of Criminal Appeals sua
sponte.
1) This habeas. corpus action is a pre..:trial action of which Defendant enjoys Texas and
Federal RIGHT/ENTITLEl\ffiNT to have the Court(s) rule, decide, and address the
merits thereo£
2) The instant Court has been sitting on top of Defendant's pro-se pre-trial habeas. corpus
pleadings over 135 days without addressing the facts set forth therein or transferring
Page 1 of2 . - ~·
said habeas corpus APPLICATION to the Texas Court of Criminal Appeals as
required by law.
3) The instant Court, to exacerbate the Defendant's Constitutional Right injury has also
scheduled this Cause of action for jury trial on at least two prior occasions and then
reset the Cause for trial on future dates.
4) It strongly appears to be a formidable abuse of discretion on the Court's behalf toward
Defendant, therefore Defendant withdraws said habeas pleadings in favor of
proceeding Original action jurisdiction in Texas Court of Criminal Appeals.
It is so urged, rp.oved, and decreed by Defendant this lOth day of September 2015.
11706 Nobility Drive
Stafford, TX 77477
Sworn and Subscribed
lib before me this 1.{)rny
of ICAVITA IIHATT Notaty .Public STATE OF TEXAS My Comm. Exp. 11-13-18
Notary Public for Fort Bend County, Texas
Page2 of2