Burgess, Nathan Earl
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Opinion
Dn t oi A 1 C PD-1214-15 PD -±Z±4__Lb COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/9/2015 2:09:02 PM Accepted 11/10/2015 4:22:45 PM ABELACOSTA CI FRK THE COURT OF CRIMINAL APPEALS OF TEXAS; AUSTIN, TEXAS
FILED IN NATHAN BURGESS, Appellant COURT OF CRIMINALAPPEALS
v- November 10, 2015
THE STATE OF TEXAS, Appellee ARF| ArncTA r, pRk" ON APPEAL IN CAUSE NO. 05-14-00216-CR AbtLAOU^IA, OLtKK_^ FROM COURT OF APPEALS DALLAS TX 4Y^*~*"*^ APPELLANT'S SECOND MOTION TO EXTEND TIME TO FILE HIS BRIEF 1-1*-"' l>l PC TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS OF TEXAS: (( - I^ "*. Pursuant to TEX. R. APP. P., 10.1,10.5(b], and 38.6(d), Indigent Appellant, NATHAN
BURGESS files his Second Motion to Extend Time for Filing Appellant's Brief, and in
support of his motion he shows the following:
Appellant's appeal brief is currently due on NOVEMBER 17th, 2015.
Appellant now requests a sixty (60) day extension of time to file Appellant's brief,
making the brief due on or about January 17th, 2015, or a time permitted by the
court based on the following criteria beyond the control of appellant:
Appellant relies on thefollowing reasons to explain the need for the extension:
- Appellant's Counsel, Attorney Alan Kramer Taggart, withdrew July 16th-2014 from
the case. It has been determined that Attorney Taggart had been improperly
appointed. Attorney Taggart never filed an application in 2013 or 2014 to be added
to the master list of attorneys from which court appointments are lawfully made in
Collin County per the Fairness Act. Appellant therefore believes that Attorney NO. 05-14-00216-CR NATHAN E BURGESS VS. THE STATE OF TEXAS Taggart was professionally and legally unqualified to represent, as Collin County
places certain requirements on appointed attorneys (e.g., continuing education).
Appellant is very concerned that court staff conspired to his detriment.
Unfortunately, Judge Corinne Mason refused to consider this any kind of violation of
Appellant’s rights and no mention was made of new trial, she then recused herself
on July 18th, 2014 after appointing Mr. Schultz on July 16th, 2014 from the bench.
The clerk’s office shows the court officially appointed Attorney William Schultz on
July 22nd, 2014, to represent Appellant on appeal in the place of Attorney Taggart.
Appellant began immediately on July 16th, 2014 to attempt contact with his new
counsel. Again, Appellant’s brief was due in the Dallas COA approximately the next
week. After many unsuccessful attempts to reach Attorney Schultz at his own
number, Appellant contacted the Office of Indigent Defense in Collin County. The
secretary was able to locate Attorney Schultz. Appellant and Attorney Schultz
communicated very briefly on the phone, for a period of approximately two minutes.
Attorney Schultz immediately told Appellant that he was busy, he had no time, and
there would be no physical meeting to discuss the case. Appellant was professional
and courteous. When Appellant objected, Attorney Schultz informed Appellant that
he had no options. Appellant would have no say at all in the matter and hung up the
telephone. Plaintiff never had a physical meeting with Mr. Schultz. During a hearing,
while in the courtroom, Attorney Taggart had suggested that he had spoken prior
with Attorney Schultz. Attorney Schultz’ unprofessional behavior made this
apparent. Appellant is very concerned for his liberty. Appellant has maintained his
NO. 05-‐14-‐00216-‐CR
NATHAN E BURGESS VS. THE STATE OF TEXAS
innocence and has remained fully convinced that – if not for an improper conspiracy
and corruption in the courtroom and others – his case would have been thrown out
even before it began. Appellant understood that his brief was due promptly and the
appointed attorney needed to give attention to the case so that he could understand
the case from appellant’s viewpoint, not only from the ambiguously written stories
on the record. Appellant got into communication with the State Bar of Texas, the
Office of Indigent Defense, and the State Commission on Judicial Conduct. Appellant
also attempted to work with Judge Mason and Judge Barnett walker to force
communication between his appointed counsel and himself. Otherwise, Appellant
wanted to have another attorney who would properly advocate for him, as required
by the State Bar of Texas and the Office of Indigent Defense in Collin County via the
Fairness Act. Appellant believed that he was and still is due a new trial, due to the
misconduct among the court staff and legal representation by an attorney
unqualified for appointment in 2012, 2013 and 2014, by the Office of Indigent
Defense according to the indigent coordinator. However, Appellant does not know
how to effect this outcome. At this point, Attorney Schultz has manifested his
unwillingness and inability to be of any great help, so Appellant is now busy
concerning himself with his own pursuit of justice.
Appellant sought to recuse the Appellant Counsel on several occasions, both by
submitting DISMISS AND SUBSTITUTION OF COUNSEL requests to the Collin County
Court at Law and The COA in Dallas, without success; he was told he could not have
hybrid representation and would have to keep the court appointed attorney.
Consequently, Appellant had to keep Mr. Schultz until now.
Currently, Appellant has sought since September 21st, 2015 to dismiss the attorney,
Mr. Schultz. He has had to even threaten a lawsuit to inspire Mr. Schultz to send him
the file from which he wrote the Appellant brief, but to date, Appellant has only
received approximately 18 pages from the attorney. The 18 pages include the COA
Memorandum, and a larger quantity of pages from a random site with some print
out of rules and regulations of sorts. Appellant believes he has a right to use he
complete file to write his Appeal Brief and it appears to Appellant that his ex court
appointed attorney is seeking to do damage to Appellant’s chances of writing a
successful and winning appeal brief. He has been contacted repeatedly requesting
these files and has said he has no files to transfer. Appellant wants to know which
files he used to write the appeal brief; and can not imagine how the attorney could
have known the extents of law that might be applicable as relating to the
constitutional issues involved in his case, as well as details that occurred that are of
major importance to the truth of the testimony given during testimony and cross
examination without a record to work.
Appellant will not delve into the labyrinth of personal injuries that this attorney has
caused Appellant, however, he will simply say, he has not been represented in a
professional manner worthy of a career attorney.
For example, the case involves
Mens Rea, Intentionally, Willingly, Knowingly, which was not, required elements of
the prosecution, however, it was added, yet not proven by the prosecution during
trial, nor considered in the COA opinion, unless that is the reason for the lack of
evidence to convict in the Conclusions of law in the next to last paragraph of the
memorandum opinion, however, the appointed attorney did not challenge mens rea
in his appeal brief. He attorney now will not turn over the file so Appellant can have
a fair chance at writing his appeal brief to challenge the prosecution on this issue.
Free access — add to your briefcase to read the full text and ask questions with AI
Dn t oi A 1 C PD-1214-15 PD -±Z±4__Lb COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/9/2015 2:09:02 PM Accepted 11/10/2015 4:22:45 PM ABELACOSTA CI FRK THE COURT OF CRIMINAL APPEALS OF TEXAS; AUSTIN, TEXAS
FILED IN NATHAN BURGESS, Appellant COURT OF CRIMINALAPPEALS
v- November 10, 2015
THE STATE OF TEXAS, Appellee ARF| ArncTA r, pRk" ON APPEAL IN CAUSE NO. 05-14-00216-CR AbtLAOU^IA, OLtKK_^ FROM COURT OF APPEALS DALLAS TX 4Y^*~*"*^ APPELLANT'S SECOND MOTION TO EXTEND TIME TO FILE HIS BRIEF 1-1*-"' l>l PC TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS OF TEXAS: (( - I^ "*. Pursuant to TEX. R. APP. P., 10.1,10.5(b], and 38.6(d), Indigent Appellant, NATHAN
BURGESS files his Second Motion to Extend Time for Filing Appellant's Brief, and in
support of his motion he shows the following:
Appellant's appeal brief is currently due on NOVEMBER 17th, 2015.
Appellant now requests a sixty (60) day extension of time to file Appellant's brief,
making the brief due on or about January 17th, 2015, or a time permitted by the
court based on the following criteria beyond the control of appellant:
Appellant relies on thefollowing reasons to explain the need for the extension:
- Appellant's Counsel, Attorney Alan Kramer Taggart, withdrew July 16th-2014 from
the case. It has been determined that Attorney Taggart had been improperly
appointed. Attorney Taggart never filed an application in 2013 or 2014 to be added
to the master list of attorneys from which court appointments are lawfully made in
Collin County per the Fairness Act. Appellant therefore believes that Attorney NO. 05-14-00216-CR NATHAN E BURGESS VS. THE STATE OF TEXAS Taggart was professionally and legally unqualified to represent, as Collin County
places certain requirements on appointed attorneys (e.g., continuing education).
Appellant is very concerned that court staff conspired to his detriment.
Unfortunately, Judge Corinne Mason refused to consider this any kind of violation of
Appellant’s rights and no mention was made of new trial, she then recused herself
on July 18th, 2014 after appointing Mr. Schultz on July 16th, 2014 from the bench.
The clerk’s office shows the court officially appointed Attorney William Schultz on
July 22nd, 2014, to represent Appellant on appeal in the place of Attorney Taggart.
Appellant began immediately on July 16th, 2014 to attempt contact with his new
counsel. Again, Appellant’s brief was due in the Dallas COA approximately the next
week. After many unsuccessful attempts to reach Attorney Schultz at his own
number, Appellant contacted the Office of Indigent Defense in Collin County. The
secretary was able to locate Attorney Schultz. Appellant and Attorney Schultz
communicated very briefly on the phone, for a period of approximately two minutes.
Attorney Schultz immediately told Appellant that he was busy, he had no time, and
there would be no physical meeting to discuss the case. Appellant was professional
and courteous. When Appellant objected, Attorney Schultz informed Appellant that
he had no options. Appellant would have no say at all in the matter and hung up the
telephone. Plaintiff never had a physical meeting with Mr. Schultz. During a hearing,
while in the courtroom, Attorney Taggart had suggested that he had spoken prior
with Attorney Schultz. Attorney Schultz’ unprofessional behavior made this
apparent. Appellant is very concerned for his liberty. Appellant has maintained his
NO. 05-‐14-‐00216-‐CR
NATHAN E BURGESS VS. THE STATE OF TEXAS
innocence and has remained fully convinced that – if not for an improper conspiracy
and corruption in the courtroom and others – his case would have been thrown out
even before it began. Appellant understood that his brief was due promptly and the
appointed attorney needed to give attention to the case so that he could understand
the case from appellant’s viewpoint, not only from the ambiguously written stories
on the record. Appellant got into communication with the State Bar of Texas, the
Office of Indigent Defense, and the State Commission on Judicial Conduct. Appellant
also attempted to work with Judge Mason and Judge Barnett walker to force
communication between his appointed counsel and himself. Otherwise, Appellant
wanted to have another attorney who would properly advocate for him, as required
by the State Bar of Texas and the Office of Indigent Defense in Collin County via the
Fairness Act. Appellant believed that he was and still is due a new trial, due to the
misconduct among the court staff and legal representation by an attorney
unqualified for appointment in 2012, 2013 and 2014, by the Office of Indigent
Defense according to the indigent coordinator. However, Appellant does not know
how to effect this outcome. At this point, Attorney Schultz has manifested his
unwillingness and inability to be of any great help, so Appellant is now busy
concerning himself with his own pursuit of justice.
Appellant sought to recuse the Appellant Counsel on several occasions, both by
submitting DISMISS AND SUBSTITUTION OF COUNSEL requests to the Collin County
Court at Law and The COA in Dallas, without success; he was told he could not have
hybrid representation and would have to keep the court appointed attorney.
Consequently, Appellant had to keep Mr. Schultz until now.
Currently, Appellant has sought since September 21st, 2015 to dismiss the attorney,
Mr. Schultz. He has had to even threaten a lawsuit to inspire Mr. Schultz to send him
the file from which he wrote the Appellant brief, but to date, Appellant has only
received approximately 18 pages from the attorney. The 18 pages include the COA
Memorandum, and a larger quantity of pages from a random site with some print
out of rules and regulations of sorts. Appellant believes he has a right to use he
complete file to write his Appeal Brief and it appears to Appellant that his ex court
appointed attorney is seeking to do damage to Appellant’s chances of writing a
successful and winning appeal brief. He has been contacted repeatedly requesting
these files and has said he has no files to transfer. Appellant wants to know which
files he used to write the appeal brief; and can not imagine how the attorney could
have known the extents of law that might be applicable as relating to the
constitutional issues involved in his case, as well as details that occurred that are of
major importance to the truth of the testimony given during testimony and cross
examination without a record to work.
Appellant will not delve into the labyrinth of personal injuries that this attorney has
caused Appellant, however, he will simply say, he has not been represented in a
professional manner worthy of a career attorney.
For example, the case involves
Mens Rea, Intentionally, Willingly, Knowingly, which was not, required elements of
the prosecution, however, it was added, yet not proven by the prosecution during
trial, nor considered in the COA opinion, unless that is the reason for the lack of
evidence to convict in the Conclusions of law in the next to last paragraph of the
memorandum opinion, however, the appointed attorney did not challenge mens rea
in his appeal brief. He attorney now will not turn over the file so Appellant can have
a fair chance at writing his appeal brief to challenge the prosecution on this issue.
Obviously, the Appointed Attorney is doing what he can, intentionally or negligently,
to hinder Appellant’s success. He was on file as representing attorney during
plenary power of COA, yet did nothing to move the court to reconsider, he only sat
silently, and now refuses to withdraw as counsel, seemingly holding Appellant
hostage for some unknown reason, or simply to try to control and harass the
appellant.
The appointed attorney has also been made aware that the COA Dallas, has made
Appellant aware that he has not formally withdrawn from the case, even though he
has no intention of filing any documents with the court, and Appellant has “Fired”
the Attorney written clearly in an email, and consistently told the attorney he does
not want his representation past his unsuccessful attempt at the COA appeal brief.
Even the COA found there was not sufficient evidence to convict the Appellant in
their conclusion of law, however, affirmed the County decision.
So, by not passing
along the file as necessary; by not withdrawing from the COA Case presently in this
Court, he is hindering the timely work of the Appellant and causing personal injury
to Appellant, and delay in this court, and Appellant has to now seek the grace and
favor of the court for additional time to attain the complete and accurate copy of the
record, which should have been diligently provided to him by this attorney, Mr.
William Schultz.
Appellant will need time to ascertain these files, write his brief,
therefore, he is requesting from the court to not be placed in a position of having to
attempt to write his appeal without all available case files, and adequate time to
write his brief.
Also, the attorney did not request the court reporters to provide court transcripts of
all court hearings, or the reporters have not followed such requests by filing the
original copies of all files in this instant criminal case with the County Court at Law
Clerks Office in a timely manner, based on the fact that this case has now passed 3
years old as of July 13th, 2015. Appellant has left voice messages and afterward he
has sent follow-‐up notices in email form to most all the court reporters that have
been associated with this case, and have only received and answer from one
reporter, but even she was not obliged to provide these documents without
considerable legwork from Appellant. Appellant will need time to get all these
reporters records which were not asked for and provided for which should have
been part of the attorney’s record, or possibly, they simply were not provided by the
associated court reporters of this case. Plaintiff would not be in this situation if the
attorney would have simply done his job, then the file would be complete and when
presented to Appellant upon completion of the attorney’s work, Appellant would
have already received the complete file and he would have been ready to begin the
brief to be filed timely. Appellant has up to this last week, as the court is aware from
the many phone calls, been in contact with these individuals and even the County
Clerk at Law Office without success at getting a complete record; he has a partial
record, but not a complete record, which is necessary to write an accurate,
persuasive, and forceful appeal.
Appellant has contacted the prosecutor’s office, Mr. John Rolater, and has been kept
him informed of these missing documents for the last three weeks, as well as, other
altered, and / or forged documents in the file; as well as, missing documents from
Judge Mary Murphy that authorized 3 recusal hearings, as well as, the court
transcripts of those hearings. There does not seem to be a record even in the Clerks
Records making reference to these hearings. Also, the three dismissals,
(withdrawals), of the court appointed attorneys have valuable information critical
to Appellant’s case brief. Appellant desires all records to present to the court and
does not believe that he should be made to proceed until all the files are available
for review before this court. These are not tactical issues with Appellant himself, but
with the trial court, and post trial hearings, and Mr. Schultz, the appointed attorney
that Appellant has tried to dismiss without success. Even the trial attorney, Mr.
Taggart has made Appellant aware that he still has retained case records and has
those files in his possession. (Mr. Taggart did provide a file after his dismissal,
however, Appellant can not be certain as to the completeness of that file. Mr. Taggart
was ordered by the court to turn all files over to Mr. Schultz, however, Mr. Schultz
says he never received any files and does not have any files).
Appellant has
requested, and then demanded the return of all his files, but has not received them
at this time.
Plaintiff could write more, but will refrain since this is simply a motion for an
extension of time to file his Appellant Brief, and not a brief against his conviction.
WHEREFORE, PREMISES CONSIDERED, Indigent Appellant requests that this
Court grant this Motion and extend the date for Appellants to file his brief by no less
than sixty (60) days or a time permitted by the court based on circumstances
beyond the control of Appellant, being up to and including January 17th, 2016.
Indigent Appellant additionally requests all other relief to which he may be entitled,
including ordering all parties at this late date to provide the documents to Appellant
without cost so that he may write his brief to this court, and ordering proof of the
qualifications of the court appointed trial attorney, Mr. Taggart. Plaintiff believes the
complete record will prove to the court that his case should be dismissed or new
trial ordered in a different venue.
Respectfully submitted,
Nathan Earl Burgess 4101 S Custer Road, Apt 3313
McKinney, TX 75070 Tel: (972) 971-‐8361 Fax: (972) 232-‐2356
Email: pilotschoice@hotmail.com
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, I certify that a true copy of Appellant's Motion to
Extend Time to File Brief was served on Appellee’s Attorney, John R. Rolater, Jr., via
electronic email on November 9th, 2015 in a manner allowed by the rules:
John R. Rolater, Jr. Collin County District Attorney’s Office
Appellate Division 2100 Bloomdale Road, Suite 100
McKinney, TX 75071 (972) 548-‐4323 (972) 424-‐1460 (metro) (214) 491-‐4860
(fax) Email: jrolater@co.collin.tx.us
Nathan E. Burgess
McKinney, TX 75070 Tel: (972) 971-‐8361 Fax: (972) 232-‐2356
From: Nathan Burgess pilotschoice@hotmail.com Subject: RE: Transcripts, 001-86625-2012, (002-86625-2012) Date: November 5, 2015 at 4:56 PM To: jdugger@co.collin.tx.us
Thank&you,&
If&you&can&make&the&original&and&get&that&to&the&county&court&at&law&clerks&office.&Then&we&can work&on&the&copies&needed&for&the&court&and&appeal.&
Thank&you
Nathan&Burgess
>&From:&jdugger@co.collin.tx.us >&To:&pilotschoice@hotmail.com >&Subject:&RE:&Transcripts,&001I86625I2012,&(002I86625I2012) >&Date:&Thu,&5&Nov&2015&21:25:58&+0000 >& >&Mr.&Burgess:&The&hearing&dates&I've&been&able&to&find&where&this&case&was&heard&in&the&296th District&Court&are&8I19I14,&9I3I14&and&9I18I14.&If&there&are&other&dates,&please&let&me&know. Thanks. >& >&Jan&Dugger >&Official&Court&Reporter >&296th&District&Court >&2100&Bloomdale&Road >&McKinney,&TX&75071 >&Phone:&(972)&548I4407 >&jdugger@co.collin.tx.us >& >&IIIIIOriginal&MessageIIIII >&From:&Nathan&Burgess&[mailto:pilotschoice@hotmail.com]& >&Sent:&Thursday,&November&05,&2015&3:20&PM >&To:&Jan&Dugger >&Cc:&Nathan&Burgess >&Subject:&Transcripts,&001I86625I2012,&(002I86625I2012) >& >&Janet&Duggar, >& >&Good&Day&Ma’am >& >&Per&the&JVCC&Compliance&Staff&I’m&wrifng&this&request&to&you&to&politely&request&the&documents that&you&recorded&in&my&case&in&Collin&County&specifically&the&recusal&of&Judge&Barneh&Walker, and&any&other&recording&that&you&have&associated&with&my&case,&cited&as&001I86625I2012,&or 002I8625I2012.&Judge&Corrine&Mason&and&Judge&Barneh&Walker. >& >& >&Nathan&Burgess&requests&copies&of&the&transcripts&from&all&hearings&that&you&were&responsible for&in&his&case&cited&as&STATE&OF&TEXAS&V.&NATHAN&EARL&BURGESS,&CASE&NO.&001I86625I2012, 002I86625I2012. >& >&These&items&were&recorded&in&the&296th&District&Court&at&Law&Judge&John&Roach,&the&inifal record&begins&on&August&15th,&2014.&You&should&have&a&record&of&all&associated&acfvity.& >& >&These&items&should&have&all&been&requested&by&the&court&appointed&ahorney&William&Schultz.& >& >&Please&provide&the&original&of&the&documents&according&to&law&to&the&Collin&County&At&Law Clerks&Office,&prior&to&outsourcing&these&to&the&court,&or&myself,&or&Prosecutors&office.& >& >&I&was&approved&as&indigent&with&appoint&ahorney&so&this&should&be&without&costs&to&me personally.& >& >&I&am&sure&that&the&Court&of&Appeals&of&Texas&In&Ausfn&Texas&will&also&be&requiring&these documents&as&well,&so&I&would&appreciate&as&expedifous&service&as&possible.& >& >&The&appeal&is&due&November&17th,&2015&or&as&the&court&permits&extension.& >& >&Please&advise&as&to&when&you&can&these&documents&available&that&were¬&provided&in&the Clerks&Record.&Remember,&the&rule&is&that&the&original&must&be&filed&with&the&Clerks&Office&before otherwise&distribufng.& >& >&Thank&you, >& >&I&am&sure&you&have&all&the&records&as&to&what&files&need&to&be&provided;&I&am&requesfng&any&and all&files&related&to&the&case&including&recusals,&Ahorney&Dismissals,&and&subsftufons,&and&Or withdrawals;&specifically&to&William&Schultz,&I&realize&this&file&may&take&you&a&fme&to&provide,&but please&advise&as&to&exact&fme&that&I&can&request&extension&of&the&Court&of&Appeals.&If&year¬ responsible&for&a&parfcular&file,&such&that&a&subsftute&reporter&was&providing&service&to&the&court on&a&parfcular&day,&please&make&myself&and&the&court&aware&of&such&deviafon&of&duty. >& >&Thank&you, >& >&Nathan&Burgess >&Appellant& >&972I971I8361 >& >&PS&If&any&quesfons&or&if&you&care&to&advise&do¬&hesitate&to&contact&me&via&email&or&phone&as provided.&Thank&you. From: Thomas Mullins tmullins@co.collin.tx.us Subject: RE: Burgess, 001-86625-2012 Date: November 9, 2015 at 9:51 AM To: Nathan Burgess pilotschoice@hotmail.com
Please read attached letter to this email. Thanks,
Thomas Mullins, CSR County Court At Law No. 1 2100 Bloomdale Road, Suite 20364 McKinney, Texas 75071 (972) 548-3866 tmullins@co.collin.tx.us -----Original Message----- From: Nathan Burgess [mailto:pilotschoice@hotmail.com] Sent: Thursday, November 05, 2015 3:02 PM To: Thomas Mullins Subject: Burgess, 001-86625-2012
Thomas Mullins,
Good Day Sir.
Nathan Burgess requests copies of the transcripts from all hearings that you were responsible for in his case cited as STATE OF TEXAS V. NATHAN EARL BURGESS, CASE NO. 001-86625-2012.
These items should have all been requested by the court appointed attorneys, Dale Rose, Stapleton, Alan Taggart, or William Schultz. I know you are well familiar with these Court Appointed Attorneys, (Taggart was not qualified as Court appoint attorney).
Please provide these documents to the Colin County At Law Clerks Office in the original form.
I was approved as indigent with appoint attorney so tis should be without costs to me personally.
I am sure that the Court of Appeals of Teas In Austin Texas will also be requiring these documents as well, so I would appreciate as expeditious service as possible.
The appeal is due November 17th, 2015 or the court permits extension.
Please advise as to when you can these documents available that were not provided in the Clerks Record. I believe the rule is that the original must be filed with the Clerks Office before otherwise distributing.
Thank you Sir,
I am sure you have all the records as to what files need to be submitted; I am requesting any and al files related to the case including Attorney Dismissals and substitutions and Or withdrawals; specifically relating to attorneys Rose, Stapleton, and Taggart… I realize this is a huge file and may take you a time to provide, but please advise as to exact time that I can request extension of the Court of Appeals.
Thank you,
Nathan Burgess Appellant 972-971-8361
PS If any questions or if you care to advise you can contact me via email or phone as provided. Thank you Sir...
Burgess Response.doc Thomas Mullins, CSR COUNTY COURT AT LAW NO. 1 Collin County Courthouse 2100 Bloomdale Road, Suite 20364 McKinney Texas 75071 (972) 548-3866
Dear Mr. Burgess:
Please address any future correspondence, if any, to work e-mails and phone numbers. In response to your voice messages and e-mails, please be advised of the following: 1. Pursuant to Tex.R.App.P 34.6(b)(1), the court reporter needs a request in writing and Designation of Record to prepare the Reporter’s Record; and 2. Pursuant to Tex.R.App.P 35.3(a)(2) and (b)(3), the court reporter must be contacted for fee arrangements to be made for the preparation of the Reporter’s Record or a presumption of indigence met under Tex.R.App P 20.2. Since your appellate record has been completed and under Tex.R.App.P 34.6(b)(1) all hearings requested have been filed with the Fifth Court of Appeals, there is no pending authorization to transcribe and/or file either pre or post undesignated hearings upon application made after the completion of the appellate process. Further, all Affidavits of Payment that were approved by the County have been fulfilled. There will not be further authorization until there are actionable proceedings.
In response to your statement that an Original Reporter’s Record should be filed under law with the clerk, pursuant to Tex.R.App. P 34.5(h), a Certified Copy of the Reporter’s Record must be filed with the clerk only in 1) criminal cases 2) cases on appeal 3) matching the Reporter’s Record filed through TAMES as sent to the Court of Appeals. All of the authorized and designated records that were to be included in your appellate record have been timely filed and are available for you to check out through the clerk. We are unable to accept a new Designation of Record on your appeal at this time until there is pending proceedings in a higher court. Your appeal is currently dispositive in the Fifth Court of Appeals.
Should you need to request Certified Copies of either untranscribed or previously transcribed Reporter’s Records, you may do so by 1) sending a request in writing describing the dates and hearings you would like a transcript of 2) and making direct fee arrangements to pay for such transcripts yourself.
Kindest Regards,
Thomas Mullins, CSR Official Court Reporter From: Nathan Burgess pilotschoice@hotmail.com Subject: Re: Burgess Transcripts, 001-86625-2012, or 002-86625-2012 Date: November 6, 2015 at 5:57 PM To: Kristen Kopp kkopp@co.collin.tx.us
Ms Kopp,
Thank you for your response,
I am in communications with the JVCC Compliance Office and am aware of the rules.
Yes, I am still without costs and would be glad to file whatever paperwork you need to get paid by the arresting county.
The case is not in the 5th COA but Court of Appeals of Texas, so yes all transcriptions are necessary on appeal.
I was informed to ask you for the transcripts and to contact the Court if necessary to attain these files for the appeal.
It appears as if you are a lawyer as well as a court reporter.
Please let me know what document you need to provide these documents.
Yes, the rules are clear about criminal trials and case hearings belong in the County Clerks Record, so I am asking you to make the original copy available to the Clerk immediately or as soon as possible.
Please give me an estimate of the time it can all be provided.
The current date set before the Court of Appeals of Texas id November 17th, 2015l however I will seek an extension of time to file based on my attorney’s incompetent behavior. He should have known the files were needed but did not do his duty owed to me as a client.
Please let me know what I need to do, what documents you have that have not been transcribed and filed with he clerks record.
I would like everything outstanding transcribed with original to be filed with clerk and additional provided to me for the appeal.
Thank you
Nathan Burgess 972-971-8361
PS I have no other email for you and was given this emil via the JVCC Compliance Office. If you prefer another email, you will need to provide it. Otherwise I will use the one you have provided with your license to practice as a court reporter.
Also, I am not asking for you to authorize any additional work by you, it isn’t your job to authorize anything, so I am not seeking your authorization. I will be seeking the Court of Appeals order to do so if necessary.
So if you will just simply make the copies available to the clerks office as requested in the original form according to law I’d appreciate it very much. Then we can work on getting me a copy to write my appeal due for in 10 days.
Please let me know if you have questions or concerns…
On Nov 6, 2015, at 5:35 PM, Kristen Kopp
Hello, Mr. Burgess:
Please address any future correspondence, if any, to work e-mails and phone numbers. In response to your voice messages and e-mails, please be advised of the following: 1. Pursuant to Tex.R.App.P 34.6(b)(1), the court reporter needs a request in writing and Designation of Record to prepare the Reporter’s Record; and 2. Pursuant to Tex.R.App.P 35.3(a)(2) and (b)(3), the court reporter must be contacted for fee arrangements to be made for the preparation of the Reporter’s Record or a presumption of indigence met under Tex.R.App.P 20.2. Since your appellate record has been completed and under Tex.R.App.P 34.6(b)(1) all hearings requested have been filed with the Fifth Court of Appeals, there is no pending authorization to transcribe and/or file either pre or post undesignated hearings upon application made after the completion of the appellate process. Further, all Affidavits of Payment that were approved by the County have been fulfilled. There will not be further authorization until there are actionable proceedings. not be further authorization until there are actionable proceedings.
In response to your statement that an Original Reporter’s Record should be filed under law with the clerk, pursuant to Tex.R.App.P 34.5(h), a Certified Copy of the Reporter’s Record must be filed with the clerk only in 1) criminal cases 2) cases on appeal 3) matching the Reporter’s Record filed through TAMES as sent to the Court of Appeals. All of the authorized and designated records that were to be included in your appellate record have been timely filed and are available for you to check out through the clerk. We are unable to accept a new Designation of Record on your appeal at this time until there is pending proceedings in a higher court. Your appeal is currently dispositive in the Fifth Court of Appeals.
Should you need to request Certified Copies of either untranscribed or previously transcribed Reporter’s Records, you may do so by 1) sending a request in writing describing the dates and hearings you would like a transcript of 2) and making direct fee arrangements to pay for such transcripts yourself.
Kindest Regards, Kristen S. Kopp, RPR, CRR, CSR #8782 Official Court Reporter County Court at Law No. 2 2100 Bloomdale Road, Suite 10344 McKinney, Texas 75071 972.548.3823
NOTE:&All&email&correspondence&rela4ng&to&pending&cases&will&be&filed&with&the&County&Clerk&for&inclusion&in&the&record&of&the& case.&Any&communica4on&to&the&Court&or&staff&via&email&must&comply&with&Rules&21&and&21a,&T.R.C.P.&Please&review&the& provisions&of&Canon&3B(8)&of&the&Code&of&Judicial&Conduct&should&you&need&any&clarifica4on&about&what&cons4tutes&Ex#Parte# Communica4on&before&any&communica4on&with&the&judge&or&court&personnel. & **This&electronic&communica4on&(including&any&aPached&document)&may&contain&privileged&and/or&confiden4al&informa4on.&If&you&are¬& an&intended&recipient&of&this&communica4on,&please&be&advised&that&any&disclosure,&dissemina4on,&distribu4on,©ing,&or&other&use&of& this&communica4on&or&any&aPached&document&is&strictly&prohibited.&If&you&have&received&this&communica4on&in&error,&please&no4fy&the& sender&immediately&by&reply&eSmail&and&promptly&destroy&all&electronic&and&printed&copies&of&this&communica4on&and&any&aPached& document. &
& & & From: Kristen Kopp [mailto:kk.reporting@me.com] Sent: Thursday, November 05, 2015 5:00 PM To: Kristen Kopp Subject: Fwd: Burgess Transcripts, 001-86625-2012, or 002-86625-2012
Begin forwarded message:
From: Nathan Burgess
Kristen Kopp, Kristen Kopp,
Good Day Ma’am
Per the JVCC Compliance Staff I’m writing this request to you to politely request the documents that you recorded in my case in Collin County specifically the recusal of Judge Barnett Walker, and any other recording that you have associated with my case, cited as 001-86625-2012, or 002-8625-2012. Judge Corrine Mason and Judge Barnett Walker.
Nathan Burgess requests copies of the transcripts from all hearings that you were responsible for in his case cited as STATE OF TEXAS V. NATHAN EARL BURGESS, CASE NO. 001-86625-2012, 002-86625-2012.
These items were recorded during the hearings associated with he cases cited above. The initial record begins after July 21st, 2014 to present date, November 5th, 2015. Please provide any court reporters records that you may be in possession of from the prior hearings associated with this case. You should have a record of all associated activity. If You do not have possession of the hearings, please advise as to exactly what transcripts or the stenography that you have in your possession relating to this case.
These items should have all been requested by the court appointed attorney William Schultz, or other prior legal representatives such as Attorneys Dale Rose, Jered Stapleton, or Alan Taggart.
Please provide the original of the documents according to law to the Collin County At Law Clerks Office, prior to outsourcing these to the court, or myself, or Prosecutors office.
I was approved as indigent with appoint attorney so this should be without costs to me personally.
I am sure that the Court of Appeals of Texas In Austin Texas will also be requiring these documents as well, so I would appreciate as expeditious service as possible.
The appeal is due November 17th, 2015 or as the court permits extension.
Please advise as to when you can these documents available that were not provided in the Clerks Record. Remember, the rule is that the original must be filed with the Clerks Office before otherwise distributing.
I am sure you have all the records as to what files need to be provided; I am requesting any and all files related to the case including recusals, Attorney Dismissals, and substitutions, and Or withdrawals; specifically to William Schultz, I realize this file may take you a time to provide, but please advise as to exact time realize this file may take you a time to provide, but please advise as to exact time that I can request extension of the Court of Appeals. If year not responsible for a particular file, such that a substitute reporter was providing service to the court on a particular day, please make myself and the court aware of such deviation of duty.
PS If any questions or if you care to advise do not hesitate to contact me via email or phone as provided. Thank you. From: Kristen Kopp kkopp@co.collin.tx.us Subject: FW: Burgess Transcripts, 001-86625-2012, or 002-86625-2012 Date: November 6, 2015 at 5:35 PM To: pilotschoice@hotmail.com
Please address any future correspondence, if any, to work e-mails and phone numbers. In response to your voice messages and e-mails, please be advised of the following: 1. Pursuant to Tex.R.App.P 34.6(b)(1), the court reporter needs a request in writing and Designation of Record to prepare the Reporter’s Record; and 2. Pursuant to Tex.R.App.P 35.3(a)(2) and (b)(3), the court reporter must be contacted for fee arrangements to be made for the preparation of the Reporter’s Record or a presumption of indigence met under Tex.R.App.P 20.2. Since your appellate record has been completed and under Tex.R.App.P 34.6(b)(1) all hearings requested have been filed with the Fifth Court of Appeals, there is no pending authorization to transcribe and/or file either pre or post undesignated hearings upon application made after the completion of the appellate process. Further, all Affidavits of Payment that were approved by the County have been fulfilled. There will not be further authorization until there are actionable proceedings.
In response to your statement that an Original Reporter’s Record should be filed under law with the clerk, pursuant to Tex.R.App.P 34.5(h), a Certified Copy of the Reporter’s Record must be filed with the clerk only in 1) criminal cases 2) cases on appeal 3) matching the Reporter’s Record filed through TAMES as sent to the Court of Appeals. All of the authorized and designated records that were to be included in your appellate record have been timely filed and are available for you to check out through the clerk. We are unable to accept a new Designation of Record on your appeal at this time until there is pending proceedings in a higher court. Your appeal is currently dispositive in the Fifth Court of Appeals.
Should you need to request Certified Copies of either untranscribed or previously transcribed Reporter’s Records, you may do so by 1) sending a request in writing describing the dates and hearings you would like a transcript of 2) and making direct fee arrangements to pay for such transcripts yourself.
Kindest Regards, Kristen S. Kopp, RPR, CRR, CSR #8782 Official Court Reporter County Court at Law No. 2 2100 Bloomdale Road, Suite 10344 McKinney, Texas 75071 972.548.3823
NOTE:&All&email&correspondence&rela4ng&to&pending&cases&will&be&filed&with&the&County&Clerk&for&inclusion&in&the&record&of&the case.&Any&communica4on&to&the&Court&or&staff&via&email&must&comply&with&Rules&21&and&21a,&T.R.C.P.&Please&review&the&provisions of&Canon&3B(8)&of&the&Code&of&Judicial&Conduct&should&you&need&any&clarifica4on&about&what&cons4tutes&Ex#Parte#Communica4on before&any&communica4on&with&the&judge&or&court&personnel. & **This&electronic&communica4on&(including&any&aPached&document)&may&contain&privileged&and/or&confiden4al&informa4on.&If&you&are¬ an&intended&recipient&of&this&communica4on,&please&be&advised&that&any&disclosure,&dissemina4on,&distribu4on,©ing,&or&other&use&of&this communica4on&or&any&aPached&document&is&strictly&prohibited.&If&you&have&received&this&communica4on&in&error,&please&no4fy&the&sender immediately&by&reply&eSmail&and&promptly&destroy&all&electronic&and&printed&copies&of&this&communica4on&and&any&aPached&document. &
& & & & From: Kristen Kopp [mailto:kk.reporting@me.com] Sent: Thursday, November 05, 2015 5:00 PM To: Kristen Kopp Subject: Fwd: Burgess Transcripts, 001-86625-2012, or 002-86625-2012
From: Nathan Burgess
Kristen Kopp,
Per the JVCC Compliance Staff I’m writing this request to you to politely request the documents that you recorded in my case in Collin County specifically the recusal of Judge Barnett Walker, and any other recording that you have associated with my case, cited as 001-86625-2012, or 002-8625-2012. Judge Corrine Mason and Judge Barnett Walker.
Nathan Burgess requests copies of the transcripts from all hearings that you were responsible for in his case cited as STATE OF TEXAS V. NATHAN EARL BURGESS, CASE NO. 001-86625-2012, 002-86625-2012.
These items were recorded during the hearings associated with he cases cited above. The initial record begins after July 21st, 2014 to present date, November 5th, 2015. Please provide any court reporters records that you may be in possession of from the prior hearings associated with this case. You should have a record of all associated activity. If You do not have possession of the hearings, please advise as to exactly what transcripts or the stenography that you have in your possession relating to this case.
These items should have all been requested by the court appointed attorney William Schultz, or other prior legal representatives such as Attorneys Dale Rose, Jered Stapleton, or Alan Taggart.
Please provide the original of the documents according to law to the Collin County At Law Clerks Office, prior to outsourcing these to the court, or myself, or Prosecutors office.
I was approved as indigent with appoint attorney so this should be without costs to me personally. I am sure that the Court of Appeals of Texas In Austin Texas will also be requiring these documents as well, so I would appreciate as expeditious service as possible.
The appeal is due November 17th, 2015 or as the court permits extension.
Please advise as to when you can these documents available that were not provided in the Clerks Record. Remember, the rule is that the original must be filed with the Clerks Office before otherwise distributing.
I am sure you have all the records as to what files need to be provided; I am requesting any and all files related to the case including recusals, Attorney Dismissals, and substitutions, and Or withdrawals; specifically to William Schultz, I realize this file may take you a time to provide, but please advise as to exact time that I can request extension of the Court of Appeals. If year not responsible for a particular file, such that a substitute reporter was providing service to the court on a particular day, please make myself and the court aware of such deviation of duty.
PS If any questions or if you care to advise do not hesitate to contact me via email or phone as provided. Thank you. From: Nathan Burgess pilotschoice@hotmail.com Subject: Burgess Transcripts, 001-86625-2012, or 002-86625-2012 Date: November 5, 2015 at 3:30 PM To: KK.REPORTING@ME.COM
Per the JVCC Compliance Staff I’m writing this request to you to politely request the documents that you recorded in my case in Collin County specifically the recusal of Judge Barnett Walker, and any other recording that you have associated with my case, cited as 001-86625-2012, or 002-8625-2012. Judge Corrine Mason and Judge Barnett Walker.
Nathan Burgess requests copies of the transcripts from all hearings that you were responsible for in his case cited as STATE OF TEXAS V. NATHAN EARL BURGESS, CASE NO. 001-86625-2012, 002-86625-2012.
These items were recorded during the hearings associated with he cases cited above. The initial record begins after July 21st, 2014 to present date, November 5th, 2015. Please provide any court reporters records that you may be in possession of from the prior hearings associated with this case. You should have a record of all associated activity. If You do not have possession of the hearings, please advise as to exactly what transcripts or the stenography that you have in your possession relating to this case.
These items should have all been requested by the court appointed attorney William Schultz, or other prior legal representatives such as Attorneys Dale Rose, Jered Stapleton, or Alan Taggart.
Please provide the original of the documents according to law to the Collin County At Law Clerks Office, prior to outsourcing these to the court, or myself, or Prosecutors office.
I was approved as indigent with appoint attorney so this should be without costs to me personally.
I am sure that the Court of Appeals of Texas In Austin Texas will also be requiring these documents as well, so I would appreciate as expeditious service as possible.
The appeal is due November 17th, 2015 or as the court permits extension.
Please advise as to when you can these documents available that were not provided in the Clerks Record. Remember, the rule is that the original must be filed with the Clerks Office before otherwise distributing.
I am sure you have all the records as to what files need to be provided; I am requesting any and all files related to the case including recusals, Attorney Dismissals, and substitutions, and Or withdrawals; specifically to William Schultz, I realize this file may take you a time to provide, but please advise as to exact time that I can request extension of the Court of Appeals. If year not responsible for a particular file, such that a substitute reporter was providing service to the court on a particular day, please make myself and the court aware of such deviation of duty.
PS If any questions or if you care to advise do not hesitate to contact me via email or phone as provided. Thank you. Prosecutors file, Conspiracy between Attorneys and Prosecutor to find Burgess
Guilty, Found in documents sent in prosecutors files in case
002-‐86625-‐2012,
State vs Nathan Earl Burgess
Prosecutors file, Conspiracy between Attorneys and Prosecutor to find Burgess
From: Nathan Burgess pilotschoice@hotmail.com Subject: Re: Mandamus for Relief to Texas Court of Appeals Date: October 23, 2015 at 9:49 AM To: John Rolater jrolater@co.collin.tx.us Cc: Bill Schultz wlschultz@gmail.com, Alan taggartlawfirm@yahoo.com
Mr Rolater,
I will make sure the court tis aware of your opposition to the motion for relief.
PS Please advise as to the issues of fraud and forgery of the intake document in the arrest file.
On Oct 23, 2015, at 9:29 AM, John Rolater
Thank you for the information. However I will not agree to further delay in your PDR because the matters between you and your former attorneys are not relevant to your PDR.
Sent from my iPhone
On Oct 23, 2015, at 9:00 AM, Nathan Burgess
I am sending you a copy of this file so that you understand my intent to file, for good cause, motion to stay and writ of mandamus immediately, unless my legal demand for the safe return of my complete case files from my appointed attorneys is respected upon receipt by them of my demand.
I do want to be clear, Mr. Taggart has forwarded some files after he withdrew from the case, however, he was ordered to turn over the complete case files to Mr Schultz by Judge Corinne Mason. Mr. Schultz has been requested repeatedly to turn over the file, which under threat of a lawsuit, he sent a limited file consisting if the court decision to affirm conviction and a print out of a couple laws on dumping from some website.
I have requested the complete file and have not received but about 20 pages from Mr Schultz, since I do not have a case file to work from I can not file an appeal timely and have no option but to motion the court for a stay until mandamus review can be heard and decision made as to the proprietary interest of the files made by the court.
I am sorry for the delay, I hope you will not challenge the stay based on good cause.
From: Nathan Burgess
Dear Sirs, (Attorney’s Taggart and Schultz)
Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals. Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.
There are many issues when trying to file an appeal such as my case.
It is a very difficult situation to represent yourself in a JP Court of Law; the Texas Court of Criminal Appeals is not a JP Court.
I am attaching a few screen shots to support my need for Motion to Stay and Mandamus in my case.
I have repeatedly asked Mr Schultz for my case file. I have followed with Mr Taggart asking for the information that he has forwarded to Mr Schultz under court order.
I have received no, or limited response from you both as pertaining to the work product documents that were used to represent my case as well as, to appeal the wrongful conviction; therefore I seek Writ protection from my appointed counselors with cause for not relinquishing my file upon request.
I will give you gentlemen until midnight Oct 23rd, 2015 to respond by making arrangements to turn over my personal property without retaining a single file in your possession. I am requesting the full and complete file in both of your possession and ask you to not maintain a single article of the same in your possession and / or control. I am asking you to cease and desist from communicating further about my case information with any person. I hold you to confidentiality as Rules of Professional Conduct without limitation. I also hold you both to liability to personal injury based on your lack of completing this request within the time frame given to reply.
You have both been given a responsibility and I require full cooperation and timely carrying out of your fiduciary duties owed to me as my appointed attorneys.
I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed attorney under the Texas Fairness Act. If one or neither of you were not a qualified Court Appointed Attorney in Collin County to represent me, I am making a demand upon you to disclose such information and lack of discretion to me upon receipt of this email. Please do so immediately, any withholding of this information will be considered a breach of your fiduciary duty owed me personally due to your representation in my case, or cases. I will hold you both legally liable of for any or all damages incurred due to your willful negligence.
I will attach a few cases and rules that control your actions concerning proprietary possession of the files, (they are mine in their entirety and i am making a demand for their return without limitations upon my sending and you receiving this email).
[cid:3354D964-EB27-4F0A-9A18-35CFC484A244@attlocal.net]
[cid:E2DE9919-23F0-4282-BCB3-BD0250012B5D@attlocal.net]
I believe the I have made myself clear; I want all my files and I need and demand them immediately, without delay and without limitation. I am not demanding a selective set of documents, but the complete file without review or limitation. This demand included your notes, any form of media, all documents and files on any form media including, disc, DVD, Computer, Smartphone, electronic device of any kind, including print, backup memory, email, any information given third party, even orally must be stipulated and provided so that I am aware of any actions outside the scope of your representation occurred that might have influenced my case; I want every item of my personal property from every source that is or has been under your control or personal knowledge concerning my case; that includes personal communications before the case was transferred or assigned to either of you. Please withhold nothing as it may be damaging to my case and I will hold you both liable personally or jointly and severally, and or vicariously.
I simply want what is mine and both of you have my property, I consider it held without consent after demand for its return. Please do so and I will have no need of mandamus other than to complain to the court for your not returning my materials and possible complaint to the State Bar. my materials and possible complaint to the State Bar.
Please follow thru immediately,
Nathan Burgess Appellant
Thank you for the information. However I will not agree to further delay in your PDR because the matters between you and your former attorneys are not relevant to your PDR.
I am sending you a copy of this file so that you understand my intent to file, for good cause, motion to stay and writ of mandamus immediately, unless my legal demand for the safe return of my complete case files from my appointed attorneys is respected upon receipt by them of my demand.
I do want to be clear, Mr. Taggart has forwarded some files after he withdrew from the case, however, he was ordered to turn over the complete case files to Mr Schultz by Judge Corinne Mason. Mr. Schultz has been requested repeatedly to turn over the file, which under threat of a lawsuit, he sent a limited file consisting if the court decision to affirm conviction and a print out of a couple laws on dumping from some website.
I have requested the complete file and have not received but about 20 pages from Mr Schultz, since I do not have a case file to work from I can not file an appeal timely and have no option but to motion the court for a stay until mandamus review can be heard and decision made as to the proprietary interest of the files made by the court.
I am sorry for the delay, I hope you will not challenge the stay based on good cause.
From: Nathan Burgess
Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.
There are many issues when trying to file an appeal such as my case.
It is a very difficult situation to represent yourself in a JP Court of Law; the Texas Court of Criminal Appeals is not a JP Court.
I am attaching a few screen shots to support my need for Motion to Stay and Mandamus in my case.
I have repeatedly asked Mr Schultz for my case file. I have followed with Mr Taggart asking for the information that he has forwarded to Mr Schultz under court order.
I have received no, or limited response from you both as pertaining to the work product documents that were used to represent my case as well as, to appeal the wrongful conviction; therefore I seek Writ protection from my appointed counselors with cause for not relinquishing my file upon request.
I will give you gentlemen until midnight Oct 23rd, 2015 to respond by making arrangements to turn over my personal property without retaining a single file in your possession. I am requesting the full and complete file in both of your possession and ask you to not maintain a single article of the same in your possession and / or control. I am asking you to cease and desist from communicating further about my case information with any person. I hold you to confidentiality as Rules of Professional Conduct without limitation. I also hold you both to liability to personal injury based on your lack of completing this request within the time frame given to reply.
You have both been given a responsibility and I require full cooperation and timely carrying out of your fiduciary duties owed to me as my appointed attorneys.
I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed attorney under the Texas Fairness Act. If one or neither of you were not a qualified Court Appointed Attorney in Collin County to represent me, I am making a demand upon you to disclose such information and lack of discretion to me upon receipt of this email. Please do so immediately, any withholding of this information will be considered a breach of your fiduciary duty owed me personally due to your representation in my case, or cases. I will hold you both legally liable of for any or all damages incurred due to your willful negligence.
I will attach a few cases and rules that control your actions concerning proprietary possession of the files, (they are mine in their entirety and i am making a demand for their return without limitations upon my sending and you receiving this email).
[cid:3354D964-EB27-4F0A-9A18-35CFC484A244@attlocal.net]
I believe the I have made myself clear; I want all my files and I need and demand them immediately, without delay and without limitation. I am not demanding a selective set of documents, but the complete file without review or limitation. This demand included your notes, any form of media, all documents and files on any form media including, disc, DVD, Computer, Smartphone, electronic device of any kind, including print, backup memory, email, any information given third party, even orally must be stipulated and provided so that I am aware of any actions outside the scope of your representation occurred that might have influenced my case; I want every item of my personal property from every source that is or has been under your control or personal knowledge concerning my case; that includes personal communications before the case was transferred or assigned to either of you. Please withhold nothing as it may be damaging to my case and I will hold you both liable personally or jointly and severally, and or vicariously.
I simply want what is mine and both of you have my property, I consider it held without consent after demand for its return. Please do so and I will have no need of mandamus other than to complain to the court for your not returning my materials and possible complaint to the State Bar.
Nathan Burgess Appellant From: Nathan Burgess pilotschoice@hotmail.com Subject: Fwd: Mandamus for Relief to Texas Court of Appeals Date: October 23, 2015 at 9:00 AM To: John Rolater jrolater@co.collin.tx.us Cc: Bill Schultz wlschultz@gmail.com, Alan taggartlawfirm@yahoo.com
I am sending you a copy of this file so that you understand my intent to file, for good cause, motion to stay and writ of mandamus immediately, unless my legal demand for the safe return of my complete case files from my appointed attorneys is respected upon receipt by them of my demand.
I do want to be clear, Mr. Taggart has forwarded some files after he withdrew from the case, however, he was ordered to turn over the complete case files to Mr Schultz by Judge Corinne Mason. Mr. Schultz has been requested repeatedly to turn over the file, which under threat of a lawsuit, he sent a limited file consisting if the court decision to affirm conviction and a print out of a couple laws on dumping from some website.
I have requested the complete file and have not received but about 20 pages from Mr Schultz, since I do not have a case file to work from I can not file an appeal timely and have no option but to motion the court for a stay until mandamus review can be heard and decision made as to the proprietary interest of the files made by the court.
I am sorry for the delay, I hope you will not challenge the stay based on good cause.
Nathan Burgess Appellant 972-971-8361 Begin forwarded message:
From: Nathan Burgess
Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.
There are many issues when trying to file an appeal such as my case.
It is a very difficult situation to represent yourself in a JP Court of Law; the Texas Court of Criminal Appeals is not a JP Court.
I am attaching a few screen shots to support my need for Motion to Stay and Mandamus in my case.
I have repeatedly asked Mr Schultz for my case file. I have followed with Mr Taggart asking for the information that he has forwarded to Mr Schultz under court order.
I have received no, or limited response from you both as pertaining to the work product documents that were used to represent my case as well as, to appeal the wrongful conviction; therefore I seek Writ protection from my appointed counselors with cause for not relinquishing my file upon request.
I will give you gentlemen until midnight Oct 23rd, 2015 to respond by making arrangements to turn over my personal property without retaining a single file in your possession. I am requesting the full and complete file in both of your possession and ask you to not maintain a single article of the same in your possession and / or control. I am asking you to cease and desist from communicating further about my case information with any person. I hold you to confidentiality as Rules of Professional Conduct without limitation. I also hold you both to liability to personal injury based on your lack of completing this request within the time frame given to reply.
You have both been given a responsibility and I require full cooperation and timely carrying out of your fiduciary duties owed to me as my appointed attorneys. appointed attorneys.
I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed attorney under the Texas Fairness Act. If one or neither of you were not a qualified Court Appointed Attorney in Collin County to represent me, I am making a demand upon you to disclose such information and lack of discretion to me upon receipt of this email. Please do so immediately, any withholding of this information will be considered a breach of your fiduciary duty owed me personally due to your representation in my case, or cases. I will hold you both legally liable of for any or all damages incurred due to your willful negligence.
I will attach a few cases and rules that control your actions concerning proprietary possession of the files, (they are mine in their entirety and i am making a demand for their return without limitations upon my sending and you receiving this email). I believe the I have made myself clear; I want all my files and I need and demand them immediately, without delay and without limitation. I am not demanding a selective set of documents, but the complete file without review or limitation. This demand included your notes, any form of media, all documents and files on any form media including, disc, DVD, Computer, Smartphone, electronic device of any kind, including print, backup memory, email, any information given third party, even orally must be stipulated and provided so that I am aware of any actions outside the scope of your representation occurred that might have influenced my case; I want every item of my personal property from every source that is or has been under your control or personal knowledge concerning my case; that includes personal communications before the case was transferred or assigned to either of you. Please withhold nothing as it may be damaging to my case and I will hold you both liable personally or jointly and severally, and or vicariously.
I simply want what is mine and both of you have my property, I consider it held without consent after demand for its return. Please do so and I will have no need of mandamus other than to complain to the court for your not returning my materials and possible complaint to the State Bar.
Nathan Burgess Appellant From: Nathan Burgess pilotschoice@hotmail.com Subject: Mandamus for Relief to Texas Court of Appeals Date: October 23, 2015 at 8:23 AM To: Alan taggartlawfirm@yahoo.com, Bill Schultz wlschultz@gmail.com
Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.
There are many issues when trying to file an appeal such as my case.
It is a very difficult situation to represent yourself in a JP Court of Law; the Texas Court of Criminal Appeals is not a JP Court.
I am attaching a few screen shots to support my need for Motion to Stay and Mandamus in my case.
I have repeatedly asked Mr Schultz for my case file. I have followed with Mr Taggart asking for the information that he has forwarded to Mr Schultz under court order.
I have received no, or limited response from you both as pertaining to the work product documents that were used to represent my case as well as, to appeal the wrongful conviction; therefore I seek Writ protection from my appointed counselors with cause for not relinquishing my file upon request.
I will give you gentlemen until midnight Oct 23rd, 2015 to respond by making arrangements to turn over my personal property without retaining a single file in your possession. I am requesting the full and complete file in both of your possession and ask you to not maintain a single article of the same in your possession and / or control. I am asking you to cease and desist from communicating further about my case information with any person. I hold you to confidentiality as Rules of Professional Conduct without limitation. I also hold you both to liability to personal injury based on your lack of completing this request within the time frame given to reply.
You have both been given a responsibility and I require full cooperation and timely carrying out of your fiduciary duties owed to me as my appointed attorneys.
I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed attorney under the Texas Fairness Act. If one or neither of you were not a qualified Court Appointed Attorney in Collin County to represent me, I am making a demand upon you to disclose such information and lack of discretion to me upon receipt of this email. Please do so immediately, any withholding of this information will be considered a breach of your fiduciary duty owed me personally due to your representation in my case, or cases. I will hold you both legally liable of for any or all damages incurred due to your willful negligence.
I will attach a few cases and rules that control your actions concerning proprietary possession of the files, (they are mine in their entirety and i am making a demand for their return without limitations upon my sending and you receiving this email). I believe the I have made myself clear; I want all my files and I need and demand them immediately, without delay and without limitation. I am not demanding a selective set of documents, but the complete file without review or limitation. This demand included your notes, any form of media, all documents and files on any form media including, disc, DVD, Computer, Smartphone, electronic device of any kind, including print, backup memory, email, any information given third party, even orally must be stipulated and provided so that I am aware of any actions outside the scope of your representation occurred that might have influenced my case; I want every item of my personal property from every source that is or has been under your control or personal knowledge concerning my case; that includes personal communications before the case was transferred or assigned to either of you. Please withhold nothing as it may be damaging to my case and I will hold you both liable personally or jointly and severally, and or vicariously.
I simply want what is mine and both of you have my property, I consider it held without consent after demand for its return. Please do so and I will have no need of mandamus other than to complain to the court for your not returning my materials and possible complaint to the State Bar.
Nathan Burgess Appellant From: John Rolater jrolater@co.collin.tx.us Subject: RE: Forged Document Date: October 28, 2015 at 9:48 AM To: Nathan Burgess pilotschoice@hotmail.com, 2148612364@rcfax.com
I"kept"the"scan"files"I"sent"you."I"have"the"paper"files"that"were"scanned. " From: Nathan Burgess [mailto:pilotschoice@hotmail.com] Sent: Wednesday, October 28, 2015 9:18 AM To: 2148612364@rcfax.com Cc: John Rolater Subject: Forged Document
I am forwarding this document to the Texas Rangers asa I mentioned yesterday. If younwould like to confirm its authenticity please do so.
Nathan Burgess
cell… 972-971-8361
PS This is the document that was sent from you with the Prosecutors file. letter to attorney general 11/9/15, 10:26 AM
From: Nathan Burgess
Mr Attorney General and Staff,
Please allow me to introduce myself. First of all I am a Christian, saved in 1977 in Ft Worth Texas at Northside Assembly of God Church. The experience radically changed my life. I immediately stated attending church as often as the doors were opened. I had realized that I was a sinner that had not known about the right way to live my life since I did not understand my need of a savior. I immediately stopped drinking and running around and started a new life of Christian service. I wish I had been able to live completely without sin as the bible encourages us to do, but I did try my best to live to the best possible standards of my church and the community. I have done my best to live by those standards to this day, of course, not without personal failures, but it is still the way I live and have taught my children to live.
Unfortunately, I lost my wife of 20 years in 2000, so I have raised my three children, Drew, Tiffany and Shaun who range from 23 to 27 years old, all students and exceptional citizens. I have done my best to teach them to believe in law and order, however, these current events are stressing us to the point of doubt as to the accuracy of my teachings; the police have been abusive and so has the court system.
We are currently in an appeals process for a 24 hour notice to vacate which is not legal in Texas, but we have been evicted, at least my kids have from a home in Murphy Texas, yet I was not allowed to participate, yet publically, I have been trashed for being a squatter, etc, but have not been allowed to participate in the eviction process, but have also been accused as having, Naked possession or just plain trespassing. All of the names are pure fabrications of the truth. My children had a written contract with the Castle keeper Inc, and I was invited by my son, Shaun, to stay at the home, and I was at the home from the day of lease until July 11, when we were all illegally disenfranchised by Judge Payton and The Collin County Constables office. On the 13th, of July, I was arrested by Murphy Police, after Officer Hermes, a seargeant with the MPd, under threat of arrest, ordered me onto the property to remove items which
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partially touched the street or sidewalk. I under duress and the “Emergency Doctrine” disregarded my own items, immediately followed orders and rapidly removed the items from the curb and sidewalk, (only one item was on the sidewalk). I mistakenly believed that a 200 lb, heat treated, display shelf piece would not break when I pushed it, but it did indeed break, at a thousand dollar loss to myself. I continued removing the other items from the area as ordered by hermes. He told me as I was arrested for breaking the glass, illegal dumping: then proceeded to intimidate my son, trying to arrest him as well. He charged me with illegal dumping and disorderly conduct, blocking the street; however it has since been dismissed and a new charge, (unreasonable noise) has been added. On Sept 4th, 2012, another charge has been added and sent to the judge for “PC”, the charge, Criminal Mischievous, for knowingly and intentionally destroying, “door”. I deny all charges and under duress and unlawful coercion, my civil rights were violated by hermes, when he forced me under threat of arrest to return to the property, then did not like my performance, arrested me. I was told we had 10 minutes to get it done, I then told the officer to do whatever he wanted with the items, but was forced to do the work against my will, then arrested. I claim false arrest and malicious prosecution and ask the attorney general office to investigate these charges thoroughly, as you do have access to the videos from April to July 13th, 2012, and all my words can be validated for accuracy.
I was not allowed to be a defendant; I was not on the property when the officer told me to move the items; I told the officer to do as he wished with the items, after he told me a mover was coming in 10 minutes to remove the items; I was told to go back on the property to remove the items from sidewalk and street under penalty of arrest if I refused to comply; then arrested because I ignorantly broke I shelving piece of my own family possession when I tried to move it incorrectly.
I am currently in an appeals process, which has been going on before any criminal allegations have been made against me, so therefore the papers are needed for evidence in the civil suit, not criminal at this time. Also, I am not violent, never have been, never will be. Lies have been thrown at me from every direction, and if you find any record of violence from me from any source please make me aware of it and I will bring this to the attention of any attorney that may be willing to take my case in the future. At this point, I have no attorney, have not filed any lawsuits and not made
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any decisions about lawsuits.
As far as, A “Bomb” comment being made toward the city of “Murphy”; I have sent that information to the FBI, Texas Rangers, ETC, and asked them to investigate it. I was innocently speaking of a civil strategy with the Dallas Morning News reporter, and nothing to do with a device that would harm anyone at all; pure fabrication and lies, as a matter of fact, no mention of the city of Murphy had been made at all up until July 13th, when I was arrested, so therefore, the comment made was well before that date while we were talking of only civil litigation. The “bomb” in question, was concerning 12 months of unpaid fees owed to the defendants by the Plaintiff in the case that could add up to over $400,000 based on his denial of contractual claims in the eviction case. The contract was for employment, Subcontractor work and no fees have been paid; salaries, hourly wages etc. So the “bomb” cited by Mr Farley of the DMN, was purely a “Money Bomb” of counterclaims for the trial against the defendant. All this was done via text messaging from my phone so it can all be verified, and undoubtedly proven that these claims of threats against the City of Murphy or it’s employees are false and malicious and designed to deceive and to bring unfair advantage to the city’s case by false representations of the truth.
The preceding information is not the work of a trained, “lying lawyer”, just a Texas Citizen that you hold the videos and audio to prove my innocence and the disingenuousness of the murphy Police and their reports that I was throwing things onto the property from the truck when they arrived on the scene, which the videos show I was sitting under a shade tree with my kid and his friends when they arrived 6 vehicle strong, blocking the road at both ends, driving like crazy persons back and forth in front of the property, on a quiet residential street, until they stopped and Hermes started his military type crackdown of a peaceful setting of an evicted family trying their best under limited resources to remove their items from the property where the constable’s office and Castle keepers unlawfully placed all the items and did not place them in a place off of the property or in a safe storage facility as the writ of possession ordered but left them scattered on the entire square footage of the front lawn of the home and the city gave us until a certain time to remove the items which we were communicating with the City Code department that Had just come by and said we were doing a good job and they would return with police to work something out since it looked like we were running out of time. We never expected such a show of violent force as we received at the hand of
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hermes and his officers. Strictly unconstitutional all around.
Hermes them proceeded to make treats about terrorism and stalking charges against my son. Please research this case, it was highly visible in the media and we were made to be Squatters, but in reality we are still fighting a 24 hour notice to vacate. The actions of the court and police department are illegal in our estimations. Please investigate the case and you will see it is over an illegal notice to vacate and nothing else, regardless of media attraction and misrepresentations and outright lies.
Sincerely
PS Murphy City attorney’s have been wrongfully involved in this civil case, gone crazy now, since June 6th, 2012, well before any police or criminal allegations. She even told the plaintiff attorney, according to statements made by plaintiff attorney during pretrial, that “you get rid of the younger Burgess’s and Ill get rid of him, meaning myself”. Where were these kind of statements reasonable due to the fact we were in court, under an eviction hearing, and no judgments of any kind had yet been made by the JP Judge? Not legal procedure, unreasonable and unconstitutional.
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Cite This Page — Counsel Stack
Burgess, Nathan Earl, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-nathan-earl-tex-2015.