in Re People Thomas H. Hollowell

Court of Appeals of Texas

in Re People Thomas H. Hollowell

DecidedJune 5, 2015

Docket03-15-00267-CV

StatusPublished

This text of in Re People Thomas H. Hollowell (in Re People Thomas H. Hollowell) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

in Re People Thomas H. Hollowell, (Tex. Ct. App. 2015).

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Opinion

0h-/9-0DHl-CV Declaration of Evidence

This Declaration provides verified copies of documentary evidence for immediate Show Cause Hearing for People Thomas Howard Hollowell Habeas Corpus issues as follows:

1. People Hollowell, Detainee # 1324445, Stevenson Unit, 1525 FM766, Cuero, Texas 77954 is under supervision of Warden Jimmy Smith who is served copies hereof; And, 2. Exhibits A A. And A is Proof Evidence of Sovereign Hollowell's Status Claim; And,

3. Exhibit B. is Proof Evidence of Fiduciary Trustees; And,

4. Exhibit C. Is Proof Evidence of TRUTH; And,

5. Exhibit D. Is Proof Evidence that where Natural Rights are concerned no Rule making or

Legislation may abrogate them.

WHEREFORE, above premises considered and not rebutted by Affidavit made under the pains and penalty of perjury is mandatory under supervision of Fiduciary Trustee Attorney Ken Paxton commanding SHOW CAUSE as to why People Hollowell does not deserve his Natural Rights of Liberty within five (5) days receipt hereof. Signed and DNA Seal with Right, Power and Authority of Attorney General for the United States of America ;

—TSU>^A-k. "flLuJ' uAy^h A^j-v^^uX^J^a^eu-^rt XL^r^ylp -xL^c^Q?_ ;And, People Paul West Kimmeil Sovereign Single State, Sui Juris, Heir of the Adam and Eve Contract made with Almighty God in the Beginning, made a part herein, in full, by Reference to all Fiduciary Trustees in capacities of TRUTH.

Fiduciary Trustee for People Hollowell Texas Attorney General Ken Paxton U. S. Certified Mail #: 7014-0150-0000-8628-5755

Third Court of Criminal Appeals Fiduciary Trustees, all JUDGES and Clerks by Oath of Office: U. S. Certified Mail #: 7014-0150-0000-8628-5731

Warden Jimmy Smith Mail #: 7014-0150-0000-8628-5496

Mental Anguish Damages not yet established by Declaration ofLiens. /RECEIVED ^ JUN 05 2015 THiRDCOUXTOFAFFEALS, \ -EFFREYDKY1E / Revocation ofWaiver ofRights Affidavit g^^"% ^ff fan- Texas : State ) '—; ) S/S Verified Statement of Revocation of Waiver of Rights. Llano County )

I, ^~\ hf^\nC'-\- v-Wicvicv xrcQjtouH?l',f. hereinafter "Affiant", am competent for stating by first-hand knowledge facts for presentment as evidence in a court of law and or otherwise competent court by Judicial Notice in relation to Cause Nos. CR-5489 and CR-5473 as follows:

1 Affiant states: Thomas Howard Hollowell was and is detained unlawfully by a disguised scheme of deception by Public Officials purporting to be in compliance with a republican form of government for the State of Texas established in the Texas Constitution, Article I., Section 2. Made a part herein, in full, by reference, making this Revocation of Wavier of Rights recto-active as of February 1, 1995, with Hollowell's Affidavit addressed to Texas Attorney General, Greg Abbott as Judicial Notice and made a part herein, in full, by reference.

2 Affiant states: Each, every and all supposed document and or witness thereof that purports to imply any waiver of rights made by Thomas Howard Hollowell is now null and void with no force and effect as of February 1, 1995, for mis-representation of a republican form of government in relation to all aspects of the above named Cause Nos. CR-5489 and CR-5473.

3. Affiant states ; All STATE OF TEXAS employees and or assigns are now subject for protection of Thomas Howard Hollowell's inalienable rights and are liable in relation to any detainment of Thomas Howard Hollowell in relation to Cause Nos. CR-5489 and or CR-5-7.1 for deniai of release under Habeas Corpus action by Guilford L. Jones' Order issued and file marked on March 26, 2004 See copy attached

4 Affiant states : This Revocation of Waiver of Rights Affidavit is made for Public Notice to all purported authorities who act in any capacity in relation to Thomas Howard Hollowell's inalienable rights to be secure in his Liberty, Life and pursuit of Happiness.

Further, Affiant sayeth nought by signature and seal affixed hereon.

Thomas Howard Hollowell Jurat

Before Me, the undersigned authority, appeared-*^'Vw^-a\.f^->r^U

Public Notary Seal:

z**» ~fxb', y'?£• £x If* i>;^A TEXAS COURT OF CRIMINAL APPEALS In the Name of the State of Texas

EX PARTE

THOMAS HOWARD HOLLOWELL, CASE# Third Party Intervenor; and Next Friend, Paul West Kimmeil

APPLICATION FOR EXPEDITED EXTRAORDINARY WRIT OF HABEAS CORPUS

TO THE HONORABLE JUDGE OF SAID COURT:

THOMAS HOWARD HOLLOWELL, Applicant, hereafter Hollowell, lodges this request

for an Application for the Expedited Extraordinary Writ of Habeas Corpus intending to determine

the propriety of the present restraint upon the liberty of, and to secure the release from incarceration

as the resultofan order signed and entered by the presiding Judge ofthe 33rd Judicial District Court

on January 7,2005, a true copy ofwhich isattached and marked "Exhibit A."Expedited Application

is made pursuant to 62 Stat 965, which requires a return of writ within three days.Applicant will

show that he is entitled to Habeas Corpus relief and that the order and subsequent order which is

attached as "Exhibit B," are VOID FOR LACK OF JURISDICTION AND CHARGE AGAINST

HIM. Further, said orders are in violation of Constitutional Amendments 4,5,6 and 8 and that the

Writ should issuesince the threshold requirements are met by the request in the Writ.

JURISDICTION

1. Asjurisdictional authority for this application for the Extraordinary Writ of Habeas Corpus and

the same being signed and then filed and presented to this court by Hollowell he relies upon the

Constitution and laws of theUnited States especially the Federal BillofRights; theConstitution and

laws of the State of Texas especially the Bill of Rights as stated in Article I thereof; the ancient

Application for Writof Habeas Corpus Page 1 of 5 common law respecting Habeas Corpus; the Texas Criminal Code of Procedure at Chapter 11

respecting Habeas Corpus, especially Articles 11.01,11.02,11.03,11.04,11.05, and 11.15; Article

1.27 of theTexascode of Criminal Procedure; and Article 1.051 respecting the Defendant's Right

to Assistance of Counsel. Collectively, these statutes are binding on this court and, inter alia

provide that,

"The writ of habeas corpus is the remedy to be used when any person is restrained in his

liberty." See TCCP, Art. 11.01 and

" TheCourtofCriminal Appeals,the DistrictCourts,the County Courts, or any Judge ofsaid

Courts, have power to issue the writ of habeas corpus; and it is their duty, upon proper motion. to

grant the writ under the rules prescribed bv law." See TCCP, Art. 11.05, and

"The writ of habeas corpus shall be granted without delay by the judge or court

receiving the petition, unless it be manifest from the petition itself, or some document annexed to

it, that the party is entitled to no relief whatever." See TCCP, Art. 11.15. Further, Applicant calls

theattention of thisCourtto the authority ofEx Parte Williams, 630S.W.2d803,804 (Tex.App. San

Antonio-1982) which in pertinent part states that:

"We hold that to deny [a] hearing... constitutesan arbitrary and unreasonable action, as does

the denial of habeas corpus relief without a hearing." Id. Ex Parte Williams.

FACTS

1. Thomas Howard Hollowell is illegally confined and restrained of liberty by the Sheriff of

Llano County, Texas in the Llano County Jail in Llano, Texas in lieu of want of hearing and

determination by Order ofthe33rd.

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