Gonzales, Alejandro Farias

• Court: Court of Appeals of Texas
• Decided: March 30, 2015
• Docket: WR-77,198-06
• Status: Published

Opinion

.Into and for the Texas Supreme Court RFPP|\/en IM And Justices thereof,At Austin „~ "CUElVfeU ||\f Of the State of Texas COURT OF In 'Re

Alejandro Faris Gonzales 30 2015 Petitioner-Relator.Pro Se

v—' 1 Supreme Case# AteMeasta,Clerk Abel Acosta/Chief Clerk of the „ „„ „„ „ .,.„ ^ iexas Court of Criminal Appeals, f RE:WR-7/,198-06;Tr.Ct.#1152889 Justices(unidentifiable by white r card manufacturer)thereof,et al., | Respondent(s) | The Texas Court's jurisdiction Is Invoked under The Texas Constution, Relator's Original Extraordinary Application For A-Writ Of Mandamus - -Relief Pursuant to Section 22.221 of the Texas Goverment Code,And Article 51.1,52.2,53(3) (1), (2), (3), (*4), (5)(A),(e), (f),(g), (h),(j)(l), (D) ,52.07- (1) ,(2) ,(b) ,53.1,57-. ••'. .,57, 3, 57.04, 72.1 (Tex .R .App. P );38.9(a) & (b), 44.43- (TCCP) ;First Amendment1.:'?; The United States Constitution, among other laws

Let There Be Understanding,Now comes,Alejandro Faris Gonzales,Petitioner,and as- the Relator hereinafter,to state to the Honorable Texas Supreme Court and it's- Justices that no statute or Constitutional laws preclude this Relator from fil ing his Petition of reddress of his grievances to this said Supreme Court's Ju stices,by way of Relator requesting to proceed with his petition for A-Writ of- Mandamus to correct,and enforce the laws of the State of Texas,as well as that- of the United States of America,pursuant too the First/Fifth,Nith,and fourteenth- Amendments to the United .States Constitution, of America.However,Relator's petit ion for a Writ of mandamus is to correct Jud.i'eia^a.cfc;ipnj~./ inactions by the trial Court's acting habeas corpus judge or and its. Clerks or other unidentifiable emp loyees ,and that inactions or actions extended to the Texas Court of Criminal Ap peals Clerk,-Abel Acosta,acting in his official capacity,as Clerk,(or if other - John/jane does exist,One is not provided its name and Title) or as a recalcitrant Clerk(s) whom has refused to .f^le^grp^ indicates Relator's Colorable "claims ofr "Constitutional and' Civil'"'rights violati ons,and trial Court'sgJudge's lack of subject-matter jurisdiction are none-waiv- able issues,nor can those issues be forfeited,not even with consent of any Party of interest,.and therfore,must be ackhowideged of their presented contents on the merits of each of four grounde of error of law .And thus,the Court of Appeals of Texas-justices and. or its acting clerk.(s) have failed to fiie,fiocke t, and proper ly file for service, of process hi§ writ of mandamus^and said clerk impederer(s)- is acting in- defiance of the laws and her/his duties entrusted to him/her,as a- Public servant not only to their said. Courts, but to all people in jene-rai .Regard. less of their status as a convicted individual., or unlawfully convicted,as your - Relator sub judice-but said Clerk(s) OR AND TRIAL Court's judge nave refused to- '<--,•--Y. v Relator's memorandum of law,attached to hie habeas .corpus amplication - frcm[ll.07,§3(b),(c),(d)(TCCP)],coupled with a writ of habeas corpus ad testific andum,and all additional counter-claims submitted by Relator,to. the trial Court- have been suppressed,with solicitation of wrong third Party intervention,Because- the Clerk's or and judge's deviation from their Constitutional duties,is to pre-, vent and hinder any availablefa/Hedf in the law and to pursue an effective legal - remedy at that.But that person of interest,if it be Abel Acosta or an unidentif iable justice of the Court of Criminal Appeals is/are taking action or inaction- denying Relator, to any meaningful appo'rt'uni ty to petition the Superior Courts- arid chus/woun't have Relator's documents in the Court of Criminal Appeals,and - Relator will present further reasons^why the writ of mandamus is the only means ~ to compel the said clerk(s) OR AND JjJSTICE(s) TO COMPLY with the[ir]laws of the - State of Texas,and that of the United States of America.to wit: v • i •% , &! Statement of Jurisdiction has been Raised Above r.nd. Sunr.ary of facts Upon Relator's Issues Presented l.Inre. Relator is invoking this Texas Supreme Court's and its justices Authority to Act in .conformity with the laws of the State of Texas,along with the United St^- ates Constitution of America,pursuant to Aricle 5,§ 5A of the Texas Constitut ion ,and Rules 51.1,52.2 ;5-2 >3a(?l0 ,(2 ),(3 ) ,(*4) ,(5 )(A) ,(e ) ,(f ) ,.(g ) ,(h ) ,(j )(I) ,(D) - 52.07(a) ,(1) ,(2) ,(b) ,53.1, 57. 2, 57. 3 ,.57 .4, -of the Texas Rules,of Appellate Proc edures for implementing the original proceedings in this said Supreme Court.as- well as that of the Texas Court of CriminalAppeals.inwhich service would be air: so in complia.-u'.e vith Articles 38.9(a) & (b) & 44.43 Of the Texas Code of Crimi nal Procedure,and these provisions implementation will serve further satisfact ion of the procription of law,as a cumulative means,-which can be synonymousl'y- in provisional joinder of laws-together to form a mass.In this regard,as if all attempts, have been made for perspective and Declaratory judgment,to, enforce One individual's[Relator's]Civil and Constitutional rights,as established by Preced ent and those laws that are guaranteed by botn federal and Texas State's Consti tutions .ie.,Texas Civil Practice & Remedies Code,Chapter 16 and 37;Article I,§§- 10,12,13,19, & 29 of the Texas Constitutionals well as the First, fifth ,;&, Fourt eenth Amendments to the United States Constitution .'By advancing his [Relator 's] - arguments that he hasa vested right liberty interest in having his colorable - Constitutional and Civil rights violations claims heard and his issues present- ted under such cited laws and Precedent, his cases of claims should not be ref-n.s;

used-as -if-denied by any one of nine particluar justices of the Court of Crim inal Appeals,whom by notice on an unverified or unauthorized advicemeht or both/, was delivered as of by Abel Acosta,an alleged Clerk to the Court of Criminal Ap peals.A white card with no justice,nor that alleged Clerk endorseig 'such flawed ••\&*' fauityyadyicement form or card. In fact, no evidence,: or reasoned argument to - support either factual findings required for an Opinion or judgment deniel.First and foremost;2nd-"no signatures of at least five judges who tentativelyVbelieved- or disbelieved the said mandamus Case should have been filed,-if not set for su

bmission/then handled and disposed of inaccordance to what rule ? fiinon indicat ion such false denial was issued 'per Curiam*,as every.authentic and certified- letter-1inwhich in a Civil action,a single justice should notiact on a PET1TI0N- for an extraordinary Writ [n] or dismiss or otherwise determine an appeal or a- '.• MOTION FOR FOR REHEARING .See Tex .R .App .P .R .10 .04 (a )•( 1) & (2);Cf-R.12.2(a)(I) & — (4) ;12.6-said fictitious white card is, not a .notice of any Opinion, order, nor -." judgment of that Texas Court of Criminal Appeals.And a-white card only a notice-, to the Applicant-Relator,contrary, to that every;Party of interest be implicated- in the Proceedings at bar'.'Id. 3rd) The void white Card fails too indicate "whether it was designated as"CV"-or " GR"-in fact there is no indicator when the fictitious person's advicement of - ".denial was rendered upon a judgment or Order was signed, dated and entered as - such Opinion 's presentation; [n]-or'no affirmance of the lower Court(s) ord er, judgment or Opinion in whole or in part., ie. .R.43 .3(a) ;' 4th)-the whit card- . . - 2.1 n r e. !'-'' .• -...••• • _.. _.jf* .,•#*'' "Y boilerplater usage is an illegal standard type language identical in very lim ited,content and form-as with Relator's alleged dismissal of his received and- so-called presented-[but not filed for docketing,& processing of service]-to fehe-1" Court.See case#WR-77,198-05-refused on a false premise under 11,07,§$(a) & (b)- (TCCP)-The Truth of the. matter is Relator's Application/for a.Writ of habeas Cor pus was presented with issues of those that fall under § 4(a)(1) & (2)-*in that ir

Relator's claims of grounds of errorsiof law did contain that887 S.W.2d 921, 926 ,N. 1-2 (Tex .Cr .App. 19- *<*)., cicing, Callahan V.Gilos,132 Tex .571,155 S.W.793 ,at 795(1941).So as to say: The. issuance of the Writ is never a matter of right but rest instead in - in the sound discretion of thi[s] Court'.' ibid... . Cf.Gentrv V.Banser,(Cir,App 1893),2 fex.Civ.App.388;21 S.w;569; In part: "WHEN AN ANSWER SETS UP A WANT OF JURISDICTION IN THE COUNTY COURT TO HEAR THE CASE INDISPUTE,THE COURT - has the power to hear evidence and determine it's - mlterf^^ ^ a material in such trycase the whether [s^J'-^t]~matter;it is not- the facts showing want- of jurisdiction-appear in the answer or inthe petitioned; "it is essential ho~ the validity of the judgment that the pleadings affirmatively show that the tri al Court had jurisdiction of the subject-matter.". e. q, Walker Mercantile Co.v J R - ,R°ney.c°dciv'Am'191v '^n^iCariisJ/e V.Bonnett,801 S.W.2d 589,588-89 infra(Tex .App. Corpusr Christi 19'90)/"\ in parr:^.The Texas Lpngarm statute authorizes the exercise of the State Court s 4yInre. jurisdiction over-non-residents-who-do businnee in this State,and One is do-, ing business within the State.'if'the contract is to be performed in whole in - a State"Id.And see Texas Civil Practice & Remedies Code,Ann,§§ 17.041-17.042... is consistent with federal and State Constitutional guarantees .the Longarm Sta tute is construed to reach as far as the federal Constitutional requirements of- due process of law,as will permit'.'Id .and at Schlobohm,784 S.W.2d at 357.Thus, this"Texas Supreme Court has adopted over tweenty years ago,a three part formula te ensure that the exercise of [a] specific jurisdiction complies with the fede ral Constitutional standards'.'Id . "" B) Grounds for De novo Review or Writ of Error Impl entation;: The Texas Court of Criminal Appeals justice(s) or and its Clerk(s) have abuse - their or hsi/her authoritv(s),such that exceedina their discrection is,individu ally or singly,is fsiling to comply and obev mandatory laws and have continue to intentionally fail to file none-waivable or forfeiture Jurisdictional ann Const itutional violations claims aqainst State Prosecuting Attorney(s) and trail jud- dae,as Officials - who must be notified of their legal deficiencies -which incl udes and involves the trial Court's jurisdictional defects.Hence,the only possi ble is that the said Appellate's Court's Clerk(s) [Abel Acosta or his-associate- Sian R.Schilhab/General Counsel] are instructed by their,his,her superiors to de ny Relator access to said Appellate's Court's recourses in law-but refuse[d] to- record Relator's documents entitled " 11.07,§3 (a),(b),& (d)(TCCP),along with - his memorandum of law attached as a separate breif insuppport of said 11.07 app lication; including Relator's Applicant's Counter-claims,Compulsary Counter Cla- ims;motion for Suspension of Rules per-Rule 2(Tex-R.App.P.).Incorporated herein- by $:&•£.&??&&<£<£• Uflftj/dONyi whether trial Court transmitted such formulative documentat ion/ transcript of all pertinent papers under cause#1152889-to the Texas Court - Criminal Appeals,pursuant to 11.07,§1,& §3 (a),(b),(C),(d)(TCCP)-in part: "And that Clerk shall assign the application to that trial Court'- .When the applicationrto that received by that Court,a writ:Of habeas Corpus-is returnable- to the Court of Criminal Appeals-SHALL issue by- .:Operation of law'.'..'then that said Clerk SHALL make appropraite notation- thereof,assign to the Case a file number[ancillary to that of the Conviction be ing challenged!,,and forward a copy of the application by certified mail,return- receipt requested,or by personal service to:The Repondent(s)-Representing the S0- called State for that trial Court and its convicting Judge'-,'WhofEddie D.Baker - D-h>e?MC-ustodian of record-i .e.,352 F.3d 695, 709; 124 S.Ct.l353,at 1358 :s 365 F.3d - 292,at 300-02 & n.4-5 infra]-SHALL answer the application not later than 15-davs- after the date the copy of the application is received"Thus,none of these proced ures were followed,as the trial Court's habeas Corpus judge acted with out refer- ' ice to any quiding principles,rules of law-'for the facts presented in Relator's- :./ application for a writ of habeas corpus; or if that faulty process of service was administered by an unidentifiable Court's Clerk or said Clerk,have or has render ed decisions that are clearly antihetical to the concepts set forth in the[ir] - 5.Inre. fiduciary duties and obligations to<-performing/pursuant to it's/their filing- an Oath of Office,-with the Authority of the law,so as too public acquiescene - to be within the realm of Constitutional laws authority to do ministerial acts- in accordance with Article 16,§ 1 of the Texas Constitution,but said Sworn to- Oath must be to the Texas State Controller's Office of Public Accounts(that he- or she was qualified to receive compensation of the Texas Po.eple tax dollars)- Inwhich,said Oath is a requirement that must be with the Secretary of State of- Texas-for Officails to take such Oath as a Constitutionally required Oaths.Even- Further-more,since 1989,said Texas Constitution's Article 16,§l-was amended to- include a secound required Oath,which included an entiltled proviso,as: "Anti-Bribery Statement",..Id.See also Etchison V.State,51 S.W.3d 844,- 846(Tex.App.-Waco 2001)(citation in original);Cf.Sutherland V.DeLeon,l Tex.270- "as it pertains too judges '.'Id ;Cf. Prieto Bail Bond V.State,948 S.W.2d 69(Tex.Ap- p.-El Paso 1997);Wilson V.State,977 S.W.2d 739,suora(Tex.Cr.App.1998)•Prieto V. State,978 S.W.2d 574,suora(Tex.Cr-App.1998);994 S.W.2d 316•supra(Tex-App.-El Pa so 1999,pet-ref'd)(ADA's filed brief of 160 paqes[PDR] refused around 5/2000,to- the Tex.Ct.Crim.App.);Cf.Tex.Gov't Code,§§32.302(d);601.008:659.012 & Chapter - 666;Cf.Rules 37.1 & 37.2 et seq(Tex.R.App.P):Cf.18 U.S.C.§1621...To wit: "Whoever,havinq taken an Oath before a competent tribunal,Officer,or per son/in any Cas<^ in which a law nf the United States authorizes an Oath to be - - administered,willfully and contrary to such Oath states or subsribes any mater ial matter which he/she does not believe to be true.is guilty of perjury and - SHAL1 bp fined no more than $2,000.00 or imprisoned not more than five years or- both "Id... However,ignorance of the law is no excuse for anv mistakes or wrongf ul acts by either a Court's judge or and its Clerks.See also Whiteside V.U.S.,- 93 U-S.247-12 S.Ct.1,10-3 Otto 247(1876);Cf.Buckholtst S.D.VGlaser,632 S-W.2d - 146,148(Tex.1982).The State Court'(s) Clerks,even their deputies have specific- performances ,as acts intended to be within their contracts or instruments of con- tracts-OATHS OF OFFICE legally assumes that,-when an Official signs an Oath,he/ she signs a contract to duly exercise the powers of Office within limitations of The[ir] Constitution and the laws-in practice... These laws implicated are appli- able to indigent inmates [as Relator] confind in an Institution of Correctional Divisions contracted under the Texas Department of Criminal Justice,and without- Costs to. the Petitioner/Applicant,under Rules 20.1 & 20.2(g)(Tex.R.App.P);R.73.1- (b);Cf.R.31.1. & 31.2 et seq(same provisos in accord with Title 28 U.S-C.§1914(a)- There are no filing fees for Writ of habeas Corpus petitions filed bv inmates in-- either State of Federal Custody;and the Court(s) may effectuate process of serv ice by the United Staes Marshal,or State's Agent?specifically appointed by the- habeas corpus Court's judge for that purpose-authorized under proceedings of in- forma pauperis,Such as serving all summons and complaints upon Respondent(s) &- or d fendant(s)-who may or may not waive a legal and proper summon's or if S/he-

6.1hre. objects to venue or jurisdiction of the Court over the Person(s) or and subject- matter [sub judice !],then a challenge is by a general appearance, if not a;-spe-' cial appearance-but that fact is whether or not said Respondent(s) accepts ser vice of pro-cess.;,-or and entering an appearance to challenge such method of serv..- ice.See Baker V.Monsanto, 111 S.W;.3d 158 ,161(Tex .2003 );Cf.Kawasaki Steel Corp V.- Middleton,699 S.W.2d 199,203(Tex.2203)."Before undertaking a motion/Writ of th is kind,as notices of these said laws are critical to this Claim, of Claims.Rel ator believes,with reason to believe,that there must be a scienter,meaning that- ~/6./Z(3a-i. to file,docket this case sub judice,and enter the proper process of - procedures for servining such Claims,the wrongful conduct was knowingly commi tted,not inadvertently or unintentional.Advance knowledge of this case law(s)- [as that authoritive case laws that appear in Relator's memorandum of law submi tted insupport of his Writ of habeas corpus]Podded the complainted of herein.ab- ave and should provide the element of [a] scienter(s).Especially,since—Rifian - Newaz and Andrew J.Smith were third Party interveners that were served by the - said trial Court's Clerk(s) or and judge,rather tan(formerly Todd A.Foxworth)- the Custodian,senior warden of the Mark Wayne Michael-Prison Unit( located in - Anderson County Texas) /.and said illegal third Party interveners were served and answered on the stationary of the State Of Texas,'as Respondents for Mr.Foxwor- th,so to to avoid and not address the legal questions sub judice,This said wro ngful conduct is describing with particularity.Absent exceptional circumstances, the trial Court's Clerk,or and judge are jointly responsible for violations com mitted by the Prosecuting team,and now it existants to the Texas Court of crim- in 1 Appeals justices or and their Clerk-Abel Acosta and or Sian R-Schilhab,an- alleged General Counsel(ph:#512.463.1597)-whom jointly or individually have abr ogated Relator's affidavit of Truth,attached too his habeas corpus application,- with all other instruments of law submitted,and that impediment to their subpos- sition(s) with the Appellate Court, extends to his last resourt of a writ of Manrr damus also denied against judge Joan Cambpell or and her Clerks or trial clerks who have deviated from inherent principles of the rule of Law,as well as their - deviation is/are made outside of the[ir] guidelines .without any explanation why- The Clerk or and judge willnot implement the guidelines of the scope of the[ir]- Writ of habeas corpus,and the Appellate'Court's Clerk,et al,will not file,dock et,and process Relator's submitted Writs to that Appellate Court's justices,so- they may duly consider whether or not Relator has no other adeguate remedy to - cure such trial Court's Officers defective process of service;inwhich Relator- is the Aggrieved Party of interest,as the result of s */'d manif ested-minister - iai act or inactions.i.e.,Art.11.23{Tex.C.C.P.) ; "The Writ of habeas corpus is intended to be applicable to all such Cases of [unlawful]confinement & restraint,where there is no-lawful- Right in the Person exercising the power,or where,though the power - in fact exists,it is exercised in a manner or degree not sanctioned- by law'.'Id.-Articles 11.01; ll .02-• The Writ rans in the name of the State- - 7.1nre. of Texas'-It is addressed to a person having another under restraint or in his Cust9dyVArt.ll.03-Want fo Form: "The Writ of habeas corpus is not invalid,nor- should it be disobeyed for want of formyil.04-"Every Provision relating to the- Writ of habeas corpus SHALL be most favorable in Order to give effect to the- remedy and Protect the rights of Person seeking relief, under it','Id; H.05-"Sy - Whom Writ May be Granted:.(said Courts, judges) have the power to issue te writ;- 11.14: 1) Reqisities of Petition:That the Person for whose benefit the [Ajpppl- ication is made is illegally restrianed in/of his librty,and by whom,naming bo th Parties,etc;2d)(citation omitted);3d):"When the confinement or restrianed by- Virture of any writ,Order or process,under color of either,a copy shallnbe ann exed to the petition(in which Relator had done);the petition may state only th at the Party is illegally confined and restrained of his liberty-'! Id. .. . criteria 4 & 5 were rules met by Relator,to show that the writ of habeas corpus is upheld by said proceedings under the Writ's requirements and are jurisdicti onal ,and therefore,the Texas Court of.Criminal Appeals and its judges could - have entertained Relator's writ of habeas corpus or and his Writ of mandamus to- have invoked its supervisory power to compel the trial Court's judge or and its Clerk(s) to afford this Relator alternative access to their Court's particular jurisdiction-to engage in rendering legal actions against those trial Court's - Officers,etc,inactions'to implement laws under 11. 07,§3(a),(b), & (d)(TCCP);§4- (a)(1),(2),(b) & (c);§ 5 et seq,and. thus/since the trial Court,judge erronrous- ly,unreasonably and irationally failed to propose its findings of facts and con clusions of law,and its Orderfitj never showed Relator that those Court Clerks assembeled a complete set of the Writes papers attached as a separate Applicant 's proposed findings of facts and conclusion of law,with their attached Order,as well as their attached exhibiation of indictment (s)/fraudulentn^ indie tment (s )- among other exhibitation in support of his claim of void judgment rendered by - the trial Court's judge,ab initio. :;.:. And deficiency which deprivation fc/3 ^t-IodctzS right .to petition the Courts, is a violation of his,. First Amendment rights to - the United States Constitution,as those Court Officials denied Relator his rig hts to petition the Government for redress of his grievances. Including,, but not limited too Article I,§ 9,Clause 2 & 3-which directly prohibits suspension of- the Grate Writ of habeas corpus;cf.Art.11.16.11.23,11.30(1) to (5),11.31 & 11.- 32;Cf.Art.11.34,11.35,11.36 & Art.I,§12 of the Texas Constitution;Art.11.07,§3 (b)(TCCP),and the only legal proper Respondent(s) with respect to the writ of - habeas corpus petition is the person who has custody over the Prisoner-Petiti oner and jurisdiction of the issuance of the Writ lies with..the Texas Court of Criminal Appeals because the trial Court/judge loses >itsjjuisdiction over the - Cause and Party(s)-Person(s) of interest after 30-davs,and thus,the Texas Court of Criminal Appeals retains original or competent jurisdiction over the Cause and Person-Prisoner-Relator ,as the trial State Court ,S2r)& must serve the legal- Respondent (s) named in Relator's petitions for a writ of habeas corpus.Hamidi 8.1nre. ;; V.Rumsfeld,542 U.S.507,124 S.Ct.2633,159 L.Ed.2d 578(2004),8,272;Padilla V.Ru msfeld,352 F.3d 695,at 709;124 S .Ct .1353 ,at 135892004).THEREFORE the w,rit of - does not act upon. the. Prisoner whos seeks relief from false imprisonment but up - on the Person who holds illegal Custody of said Prisoner,the witness Custodian- of record-Eddie D.Baker,and thereby,the STATE Texas Court of Criminal Appeals - has original jurisdiction over RESPONDENT, E.D.Baker,as said Appellate C©«tr£ and- this Texas Supreme; Court have concurrent jurisdiction or exclusive jurisdiction- to hear the mandamus petition(s) relator has- proposed while he is held at the - Mark Wayne MSfc-hia-el -Prison Unit ...HENCE, EACH OF THE LOWER COURTS HAVE REFUSED & failed to file,docket and have process-ed Relator's legal said petitions and th- has led to Said Court's failure or refusual to consider Relator's primary argum ents asserted:

"There Is No-Extant True Bills Of Indictment.thus,the trial Court,

and judge lacked-subject-matter Juirsdiction,for Void Judgment/sentence? That void judgment issue presented is Relator's error of law-Ground One.Inwhich is an issue presented [t]herein,and intertwined with many United States Constitut ional errors of law,as wellas statutory procedure errors of law-that explicitly - illustrate subtitles as:"

1) "Issues related are founded on Abuse of the Grand jury system'.1 2)Prosecutorial malfeasance,under Cause#1123228,morphed into Cause#115288911 These void causes of action are dated/prepared 2/3/2008;(O/R:#92527607;CJIS Trac- king#038450087-D(Z$01;D.A.Log#1365189-By:RN DA #[none provided ]; also see as incorp orated by reference hereintoo, trial Court's record(CR) Vol. l'.'pg ,9 ,falsely imply ing One,ALEJANDRO FARIS GONZALES WAS legally or properly indicted und r said Ca- use(s) and citations,on 9/18/2207; or if no-Bills returned-the Grand jury was ne ver reassumbled.i.e.at page 6(A.F.G.-titled on every page's bottem).The isue pre sented extensively implicates the prosecutors used; a set of fraudulent indict ments to secure an unlawful conviction.Hamilton V.McCotter,172 F.2d 171,183-84- (5th Cir.1985).Thus,this issue of void judgment is just one of the myriad of fac tors this Court should consider,as these claims have never been considered,and never raised in prior Writs of habeas corpus."Especially,since the lower State - Courts or their Clerks [?] decision(s) were not previously founded by asceratf - on of law,nor by-law,and has not amounted to the requisite consideration of this relator's Constitutional violation claim(s) raised in his habeas corpus and or e..: writ of mandamus to proclude this Supreme Court's justices /especially when Rel ator's want of mandamus relief is an action initiated to regain[recover damages]- for the unconstitutional incarceration ,will not accure unles or untill Relator prevails in this mandamus action,as it is not res judicata in nature.seeBrown V. Edwards, 721 F. 2d 1142,1448(5th Cir.1984);Rooding V.Peters,92 F.3d 579,580(7th Cir. 1996)(same principle);Mosely V.Wilson,102 F.3d 35,91(3rd Cir.1996) & similar sit uated inmate's case is Hiser V.Franklin,94 F.3d 1287,1290 -92(9th Cir.1996)(inma tes § 1983 claims statingTas in Relator's case herein]denial of access to the — 9.Inre. Courts not barred by collateral estoppel or res judicata,where Constitutional- Violations Accured after earilar litigation and subsequent judicial decisions, held some circumstances prisoners have a Constitutional right to photocpies- of legal documents ), cert. denied ,17 S.Ct.1106(1997);Cf.Fields V.Sarasota Manate ee Airport Auth,953 F.2d 1299,1306(11th Cir.1992),"suit not barred by res jud - icata,when claim brought after nearly identical State claim defeated'.'Id.. . Cf.Walker V. Packer, 827 'S.W. 2d 833 .-840(Tex .1992) (broadly explaing when a Relat or is and isn't required to satisfy this requirement). II.A. LACK OF A-LEGAL REMEDY TO APPEAL ANY ,OF THE ISSUES PRESENTED IN THIS [WANT]- OF MANDAMUS PROCEEDING-IM THE LOWER CRIMINAL COUERTS,YET CIVIL ACTION: One of the Two burden charged upon thi[s] Relator in seeking Mandamus relief- ,in this Supreme Court is to show that s/he lacksea remedy,of right to appeal - [his] issue(s) subject to the initiated mandamus proceeding.Walker V.Parker,-- 827 S.W.2d at 840-41 & n.8;citing various cases,including Hollavay V.Fifth Ct,- of App,767 S.W.2d. 680,684(Tex.1989).' Relator's present mandamus proceeding presents two - main Claims: lst)under the faulty and fatally defective Clerk's or justices advisement that [a] Court has denied motion for leave to file[as submitted] the original app lication for writ- of mandamus to correct judicial action that is clearly Con trary to well-settled law,law that is/are derived from various statutes and Con stitutional Provisions,rules of law,and Opinions of the[ir]superior Courts,ap art from the[ir].Own Precedent.Ibid.See also:U.S.V.Short,181 F.3d 620,at 624(5- th Cir.1999)(citation inoriginal);Cf.Womak V.Berry,156,Tex.44(1956),"mandamus - is designed to command a judge,among other aspects,to rule upon a properly sub mitted [filed] mothion within a reasonable time'.'Id ;cf .Rules 37.1 & 37.2,& 37.3(a)- (1) ,(2) ;38.2(b)(1)(A),(B),(2)(B) ;52.1,52.2;52.3(a) to (j)(2-) ,id.at (e) & (j)- (1)(D) ;52.7(a)(1) & (2) ;53.1;54.2(a) to (b);54.4 et seq;55.2(d) & 55.5-"Relia- nce on prior brief'.'id.

B) 2nd) As the White card indicates,advisement of denial to file motion for lea ve to file a mandamus petition is legally impossible,as no signatory endorsem ent appears rj-o affirm a final judgment or some type of Order,since it is a ma ndatory duty and requisite,of all trial judges setting or presiding in a Courts of law to only render such judgment W/^fe the defendant(s)/Plaintiff(s) or Par- • ties of interest to be duly served process of service and proof therefrom provi ded to; all said parties,with such legal services of process;Based on-the newer- discovered evidence -of -void -judgment of the trial- Court -and -lissues of: fraudul ent indictment under cause#1152889-derivative of#11223228[related citation under #903 8450087-DOOl-TRN-the alleged icident codified numbers that morphed into the- fraudulent charqes that the Court of Criminal Appeals has declined to open it's dors to duly consider those idsims submitted to be heard on their merits,and [t]- herein,the the Appellate Ccoifi's officer(s) were conscious of the trial Court's abuse of authority for constructively denying Relator access to that Court,and - said Appellate Court's Respondent(s) has sanctioned a departure from the accep- lO.Inre. ted and usual course of judicial proceedings and in doing so merits this call for an exercise of the Texas Supeme Court,justices- power of supervision- as if to implement Texas Government Code,§ 22.221(b),with Rule 66.3(b),(c ),&- (d) & (f)(Tex.R.App.P.)-Because no Court of Appellate jurisprudent instructs their/it's Clerks to refuse or denying an- initiate falsely imprisoned, his right to have his petition for reddress of his grievances to- be filed,and entered in to the[ir]Court's(s) docket,for- due consideration.Thus,the Criminal Court of - Appeals has misstated facts on Petioner's[Relator's] habeas corpus petition on or about 6/11/2014,when it unreasonably induced or suggested to deny,assuming- argunable ,a decision that is evidently contrary to,-or-'a decision to deny fi ling Relator's pleaded petition for a writ of habeas corpus,and a subseqent - Writ of mandamus was denied without a written order-upon the motion for leave- on 2/18/2015(received on 2/23/15), which involved an application of,clearly est ablished federal law and federal rights,as determined by the United States Sup- 'reme Court]'s-justices];as well as the Fourteenth Amendment,Clause l,to the Un ited States Constitution,and were decisions based on an unreasonable determin ation of Relator's presented facts [found] in light of his ..evidence proferred- as presented in the lower State Courts-proceedings,but never actually heard or considered by the Trial Court,nor the Criminal Court of Appeals.Thus,Relator's rejected questions of law and facts were never adjudicated on their merits in- the lower said Courts.Inwhich dismissals,refusuals or authorized denials are as sumed decisions that are clearly antithetical to the concepts set forth in the- Declaration of Independence and the Const itution (s) as the Founding Fathers [ha-r av]understood and [had] expounded them-"Publish^interpretation of laws and pro- mulgate-d rules based on those interpretations,and [t]hereby 'said Respondent(s)- have violated not only the[ir]Sworn Oath to Office,and to defend and uphold the Texas Constution,as well as the United States Constitution-of America.See Kitc

hens V.Johnson,190 F.3d 698,700(5th Cir.1999);CF.Cramer V.Sheppard,176 S.W.147,- 140 Tex.271(Tex.1941)(statutes cannot over ride the Constitution);Cf.Colden V. Alexander ,171 S.W.2d 328,141 Tex.134(Tex.1943)(held that an utterly void Act[Bi- 11] can have no effect to::aceomplish anything);Hudson V.Palmer,supra,"that est ablishes inmates should not be denied access to Courts as a result of their Sta tuses 14.008 & 14.012,Tex.Civ.Prac, & Rem.Code; but said lower Courts/Respond ents) implied decision(s) conflicts with it's own precedent,and that has led - ,to(incorrectly)apply governing legal rule from[State Courts Precedent] cases,as well as applying procedure sanctions to Relator's issues of facts and law of[t]- his particular Case of rights violations sub judice,and thus,Appellate Court's Respondent(s) has waived its duty to consider and decide on impartant -questions of State and federal laws in a way that conflicts with the[ir]applicable decis ions previously made under precedent and appears to have misconstrued [a] stat ute (s),rule(s),regulation(s)/Ordinance or and the Constitution of the State of Texas,and the United States.e.g.,Continental Coffee Products CO.V.Cazarez,937 - 11.Inre. S.W.2d 444,449,n.2(Tex.1996),"Subject-matter jurisdiction cannot be presu med and cannot be waived'.'Id; Latana V.Hopper,102 F.2d 188;Chicago V.New York,37- F.Supp.150:Citations are expressed as: ",C0URTS MUST PROVE ON THE RECORD, ALL JURISDICTION ..facts related to the- Jurisdiction asserted','Id.. .And the Law requires proof of jurisdiction to- appear on the record of the administrative agency and all administrative proce edings. "Once jurisdiction is challenged,cannot be assumed and must be decided;- and it must be proved to exist'.'Maine V.Thiboutot, 100 S .Ct. 250 ;Hagan V.Lavine, -\\'. 415 U.S.533;and there is no discretion— to ignor lack of jurisdiction.Joyce V.- U.S.474 2d 215.. "The burden shifts to the Court to prove. jurisdiction'.'Rosemond V.Lambert,469 F.2d 416;Cazarez,937 S.W.2d at 449,n.2;"Lack of subject-matter ju risdiction makes a judgment void not just voidable'.' Id ;Mapco V.Forrest, 795 S.W.- 2d 700,703(tex.1990) ,-New York Life Ins.CO.V.Brown,84 F.3d 137,142-43,& n.16-17- & n.I0-12(5th Cir.1996),in pertinent part: "Under OUR system of justice,the opportunity to be heard is the most fundamental requirement';'The fundamental requisite of[l]egal] due process of law is the opportunity to be heard!Id;Ruiz V.Quarterman,504- F.3d 523,527(5th Cir.2007)(same);Cf.Davis V.State,227 S.W.3d 733,736,n.1-3(Tex. Cir.App.2007)(lack of subject-matter jurisdiction,rendered Void: judgment,for - document[indictment's invalidity]not purporting to be a valid charging instrum ent).The Respondent'(s) to the Court of Criminal Appeals refused to file,dock^ et,and process for sevice Relator's primary Argument,Ground One error of law,— "that the Trial Court,and it's trial judge,permitted the prosecuting team to use their own umauthorization .and their own version of a Grand Jury Panel's; indictment,under eause#1152889(derived from#1122328;0/R:"92527607),and thus,- committed fraud-upon-the-Courts ,and therefore ,rendered a void judgment'.'Id .. . C)"Whether there is no final judgment in this cause of action sub judice ?".;. and does the Court of Criminal Appeals or and trial Court's records reflect a Final Judgment was signed and entered on any particular day ?.Including,but not limited to, "do any decision exist to express any of 3 :or 6>[sic ]jusictices decla red :-'FOR THE REASONS SET FORTH IN THE COURT's'memeorandum and order of APPLI

CANT'S Petition for a Writ of habeas corpus is DINIED'.'.. ..."This Is A Final- Judgment"... Signed on this day of ___2Q15 [or 2014 ?].There was,as is- . no indication, as due process. ,of.. law. mandates a-notice.,to -Claim,."This Case was - brought[came] on -for consideration by the said Appiellate Court/Respondent(s ),&,, the[relator's]issue(s) duly considered and a decision duly rendered;It [was]is ORDERED/ADJUDGED and DECREED that the Habeas corpus petition[or Writ of madamus] id Dismissed:for whatever reason; There is no indication when said WRITS were -' entered on either trial Courtis or and the Appellate Court's docket,pusuant :to-, a certain Tex .R.App .P.-, and sufojeet-eause h®3 previously been refetad and pjresen-r ted to the justices thereof.Hence.with so many defectives in procedures at the- tra.il level, and carried on to the Appellate level,-well issues of fact were not- Contsrued liberally in Agplicant/Relator's favor,nor taken as true,pursant to - Rule 38.9(a) &(b);Mendian Resourses Inc.V.Colley Gin Co,430 S.W.2d 372,supra- 11.Inre. (Tex.1968)(Because both transcripts and statement of facts must be timely- filed to confer the jurisdiction on the Appellate Court)(State Civil Codes- ited above). D) Liberal Construction Prayed For / It is requested that this Application for a Writ of mandamus be constuctWg./// - required in Hains V.Kerner,404 U.S.519,92 S.Ct.594(1972);Johnson V.McAdams,781- S.W.2d 451(Tex.App.1989);Rule 38.9(a) &;(b)(Tex.R.App.P).Because Relator's leg al aid is sui juris,and [We] both contend that he is a layman,unskilled,and - not experience enough in the drafting of writs,formal legal pleadings,or error- s of law,under applications of law in general,and may be [t]herein, entitled to- less stingent standards than formal pleadings drafted by professional lawyers'.'- Id...And,because briefs are meant to acquaint the Courts with the issues in a - given case and to present arguments that will enable this Court to decide this case,substantial compliance with this rule is suffient,subject to criteria un der (a) & (b) '.Ibid. E) A the white card is wholly and expressly said to be fatally defective,subject- cause has no evidence that any particular justice(s) of the Appellate Court had not themselves agreed upon its rationle,so that the[ir]basis of the white card ' was not,or is not merely undiscovereble -but none-existent advisory•; and .such - denial to the Courts implications means said denial without a written order - does not constitute a [ny] decision on the merits-by applying a presumption th at when A-FEDERAL [CONSTITUTIONAL] Claim is denied without explicit reliance - on State grounds,the merits of the Federal Claims are the basis for the hypot hetical judgment.Inwhich,the Supreme Court of the United States- has disapproved of any doctrine of hypotethical jurisdiction,as it produces nothing more than - a hypotethical judgment-which comes to the same thing as an advisory Opinion. SeeiSfeeel CO.. V. Citizens For A Better Env't,523 U. S .99 .100 .101 ,;118 S ,Ct. 1003 ,10- 07,1015-1016, £ n.9-10(1998) ;C.f.Ylst V.Nunneraaker501 U-.S.795, 797,111 S.Ct.2590,- 2593-94,2595,& n.2,5(1991),cited in Cone V.Bell,129 S .Ct.1769,suprat2009)(same point of void assumption of claim's consideration)(ciatlon unavailable);and cit ed in Williams V.Cllins,802 F. Supp. 15 30-, 1533-35 , & 1338-1344 (W. D.Tex .)^f whetner- t'rie Appellate Court had actually considered and ruled, on the. Petitioner's Clai ms of defective indictments ,& ine.f fecti ves counsel; issues compounded by-an evai- ulation of whether the State.'. Courts ruled on an; adq.uate and independent State- ground or whether a State procedure bar should apply ?,as in this Case Sub ju ice,there is no such §tate Court's findings i© the.present Case!.' Id. afci$L>3-3 3t34*U & 1338...Thus,in Order to determine whether the hypotethical Order or judgment should.be reviewed only as the Appellate Court's decision,not it's result,with out: any reasoning ,nor written opinion .. assuming arguable ,because Respondent (s)- ...found it had no jurisdiction, and therefore, S/he could not consider ,-Order and- • Adjudged/that the verdict findinqs of quilt [t]hereln Shall not be .final,that- "sno' judgment-be rendered thereon; and found that the instrument [indictment ] did- • 12.Inre. not show the defendant[Appellant] was not adjudged to be quilty or punished as was required by Art-.-4-2-.iv'efseq-;'and-thus, there was no final judgment from whi ch Appellant could appeal.Mosqueda V.State, 936 S --Wi 714 .'716 ;citing Savant V.State- 535, S.W.3d 190( Tex.. Cr.Aop. 1976) jMe^p^ legally be Invoked,the power of the Court,in a-felony'Case is' derivative cf the valid True Bills of indictment,as it is essential to the trial Court's[judge's]jurisdiction in a criminal Case.Where the indictment is void,the trial Court is without the -

power to act.Jurisdiction cannot be 'substantially' invoked;it either attaches - or it does not;it encompasses the power of the Court and the Court's Authority - to determine all essential and Constittuent elements and questions to an offense sought to be charged'[case indispute];it must be invoked by properly and comple tely stating "an offense against the laws of Texas and.the Test is'not ot be app lied by highsight;a defect in the charging instrument relating to;jurisdiction - requirements cannot be waived,or forfeited,not even with Consent.Ep Kirby V.Sta te, 626.S.W.2d 533,supra(Tex.Cr.App.1982);Keeter V.State,105 S.W.3d 137,142,N.6- 8(Tex.App.-Waco 2003).In fact,in this instanteCase sub judice,any unaswered que stions was not or never about the evidence,[beasues none existed] but about the subject-matter,cause of action or jurisdiction of the trial Court...Which is Man datory that the instrument State the necessary and CONSTITUENT elements of - the Ofense.Dennis V.State,647 S.W.2d 275,supra(Tex.Cr.App.1983);01ivo V.State,- 918 S.W.2d 579,supra(Tex.Cr.App.l996);Coleman V.State>918 2d 39,43(Tex.Cr.App.19- 96);STATE V.Moff,154 3d 599,601,n.1-2(Tex.Cr.App.2004). III.A The Standard for Summery Judgmention in Mandamus,As If Habeas Corpus Cases: AS THE Issue of the Texas SUPEME Court's jurisdiction is fundamental and may be raised at any time or any stage during the Appellate process,as a general princi ple,Rule 166a (sup Ct-R.Tex),as if an independent suit-in equity,under Art.27.- 08(4)(TCCP)/which is too be applied with equal force in the context of §22.221- (Tex.Gov. Code,because Relator -submits that the Grant of relief bt this Supreme Court of Texas is a legal and civil-matter of judicial discretion in consider ing and deciding whether this case sub judice involves the construction or and - validity of statutes implicated above,for Relator's Case does involve Constitut ional issues. In light of the'..Texas Court of Criminal Appeals, as Respondent (s) ,?-•... appears to have committed an error of law of such importance to the State of Te xas juisprudence that it should be corrected.Mainly because Relator must have - a clear' right-that the Respondent(s) does not recognize,to the relief sougth,- and that is beyond disput.In that the requirements of a clear legal right neces sitates, that the law plainly describe-' duty to be performed such that there - is no room for the exercise of discretion.Wilson V.Dunn,800 S.W.2d 833,836(Tex.- 1990).In that Relator fully complied with Rules 106(b),& 109,& 21a(Tex.R.Civ.Pro. ;including the recitation of apprepriate laws that were appliable thereof).Inso-. fair as they are consistant in the Context of habeas corpus cases(Wfl &&77f/?/i's/f£-738 S.W.2d 312,318,& ante III.n.7: "••Impairment of Constracts:" "No-Statute or. law passed can impair a Per son's transfer of Title/contract's-provisions-under either the State - or Federal Constition,and may well have been violated,and thus,does State a Cau se., of. .action ...to., .invoke., this.. said Supreme Court's jurisdiction'.'Id For the fact that "no Bills of Attiander,Ex PostsFacto or retroactive laws'/Id. at Harkins,773 .S.W.2d at404,& ri.5. ..Therefore, the plain error of law by the Texas - Court of Criminal Appeals advisory notice affirmed the trial Court's refusual to- 14.1nre. file ,docket,and properly process Relator's listed claims on appeal and — Relator's[Alejandro Faris Gonzales's] actual last Constitutional violations Claim(s) for relief in factor-because his petition(s) was or were accompanied- by the Administrative Office of the States Court's^form' s memorandum of law.Sin-f ee the 11.07 form specifically instructs the Applicant not to make legal Argum ents on said form.Inwhich Rule 2(Tex.R.App.P.);in accord with Rules 1.1 & 1.2(a)- (b) & (c);Garrett V.Borden,283 S.W.3d 852,supra(Tex.2009)(in so far as Relator - is not.able to provide a verbatim reproduction of the lower Courts original dup licated copies,no access to photocopiers by TDCJ);CF.Ex Parte Garcia,988 S,W.2d- 240,supra(Tex.Cr.App.1999)."AFTER the Appellant files a notice of appeal with - the trial Court,his Only option to force that CLERK OF THE trial Court to forwa - rd notice of Appeal is by mandamus'.'Id ; -Rule 26.1(a) (3),& (4),(b);27.3 et'seq;28.- 3(Tex.R.App.P).Relator,inartfully,believes he has met all of the requirements for relief that he so has requested.There is no basis upon which to deem Relator's - claim(s) for relief waived,nor forfeited due to inadquate briefing,and must be- viewed under the totality of these set of unprecedeted circumstances.In regard- of TCCA[Respondents] not electing to adress Relator's Constitutional violation Claims and trial Court's jurisdictional defects-stated in his habeas corpus pet- ion,as well as reiterated in his requested writ of mandamus application-not obse rved -Hence, TCCA 's/Respondent ',( s ) hypotethical advisory conclusion is contrary to clearly established law.Under both Texas and federal laws,and by such violations of Civil rights,does seem to fall under the category of structure errors of law- in the lower COURTS,in their effect upon this Relator's deprivation of liberty.- TCCA's/Respondent'(s)refused to decide Relator's issues of legal and substantive due process violations of the trial Court,and such an underminative manner of ru ling in absentia,conflicts with applicable decisions of their Own precedent and both Texas and United States Supreme COURTS As well.Wrose yet,TCCA has misconstr ued Art.11.07 et seq(TCCP),as implemented under requirements by Texas law and the legal due process Clause of the Fourteenth Amdment(U.S.Const.).-denied Relator - an impartial trail and appeal,and thus,Realator is entitled to relief,as no other State remdy exist to cure such impediment to the Courts.The fact that Relator has been deprived of the lower Courts, records,is reason too invoke Rule 54.1,54.2(a)- (1) to (4),& (b)(Tex.R.App.P).Which operate to perform A-critical and independent extrinsic role in any criminal or Civil action,and any other result would engen der illogical results .;State\ex i?el-ResehtKal V.Poe,98 S.W.3d 194( Tex .2003 );U.S.V. Moylan,417 F.2d 1002,1006(196). Wherefore,premises duly considered,this Relator sub judice prays that this Supre me Court's justices grant this Relator's application and issue a WRIT of Mandamus against any or all Respondent (s ),DIRECTING him/her.. /they, in this case,to allow - Relator his apportunity to access to the trial Court or and Court of Criminal App eals,and lift the denial of either Relator's recent habeas corpus petition,or - compel TCCA to entertain Relator's Writ of Mandamus relief,but that all legiti mate pleadings be filed,docketed,and process for serive upon all parties of int erest,and any other relief this Court finds fitas urged that justice;surely will- previal,upon granting mandamus relief,in preventing a manifest injustice in the-' State of Texas judicial system.(see final page 16 for endorsement & Affidavit) 15.Inre. .Exercuted on /?A this day of/^/t/; 2015,

Respectfully Submitted,, landro Faris Gonzales^' TDCJ's Account Nu:01494767 2664 F.M.2054,Tennessee Colny/Texas (Anderson County Texas) 75886 ''

Affidavit of Truth Spoken and Certificate of Service I,Alejandro Faris Gonzales,u nder TDCJ's account numbe r01494767,am presectly 'ill- egally and unlawfully being confined and restrained of My liberty,for all I - have just stated above,in My writ of Mandamus against the Respondent(s) OF THE Texas Criminal Court of Appe als,and do hereby affirm and swear under panelty - of -perjury,that all I olaime d and stated for the reco rd is true,correct,accurate and complete,for now,to the best of My ability,and th at I have this day too,have sent the Court of Appeals a copy of the same(carbon c opy),pursuant to Tex.R.Civ. Pract.S Rem.Code,§§ 132.001- 132.003. ' • AFFIANT/Relaty [•/Individual Person.-, sigii- ed and endorsed on / %//. this day of /typfcA 'I- 2015 Jyt

PS: Attn:clerk(s),et al,I am indigent and cannot provide an extra envelope for a certified copy of your Supreme Court's stamp-mark to confirm .your Court and its justices had been presented,with My filed mandamus petition for reddressing My grievances,as the law provides.And for My own personal files too.So please be so kind to return a true,correct and complete copy of the same,and its time of a docket's of this Court's entry and processing data.I also pray all opposers to this mandamus of mine,swear under penalty of^perjury too.That way it will be in line with the truth and justice .l^M<,nA£>//^> JtWJst, (Z*&iSM?iP; >*Z^?fo

16.Tnre,