Larson, Paul Allan

CourtTexas Supreme Court
DecidedFebruary 2, 2015
DocketWR-20,644-07
StatusPublished

This text of Larson, Paul Allan (Larson, Paul Allan) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Larson, Paul Allan, (Tex. 2015).

Opinion

3 C>, lv‘/‘/ ~O$I~O¢ ;~6>7; RECEWED lN COURT OF CRIM|NAL APPEALS

FEB 02 2015

wR No. 20,644_ Abel Acosta,Olerk Ex parte v | n The Texas Court

Pau| Larson . Crimina| Appea|s Cause Nos. 449008-€, 449008-D, 465007-€, & 465007-'D Austin, Texas

WR 20,644-04, WR 20,644-05, WR 20,644-06, WR 20,644-07, & WR 20644-08

'BlLL OF REV|EW

COl\/|ES NOW, Pau| Larson, Petitioner (hereafter Larson), bringing before this Honorable Court Larson's Bi|l Of Review; and, in support thereof, will show:

JUR|SD|CT|ON

A Bi|l of Review is a:

”[p]roceeding in equity brought for purpose of reversing or correcting prior judgment of court after judgment has become final. Rogers v. $ear/e, Tex'.Civ.App., 533 S.W.Zd 433, 437. lt is in the nature of a writ of error. A ”bil| of review," or a bill in the nature of a bill of review, are of three classes; those for error appearing on the face of the record, those for newly discovered evidence, and those ”for fraud impeaching the original transaction. Such' bills are peculiar to courts of equity." B|ack's Law Dictionary, Fifth Edition, page 151.

Larson brings this Action based on ”error appearing on the face of the record" and/or ”for fraud impeaching the original transaction." |f the entire record of Cause Numbers 449008- C, 449008-D , 465007-C, and 465007-D had been brought before this Honorable Court {due to the restraints on Larson's abilities to copy and/or purchase copies of the District Clerk's files, Larson has no knowledge of what records»were forwarded to this Honorable Court), then the fact a subsequent Court Order filed with this Honorable Court from the 263rd District Court,

after Larson filed for l\/|andamus Action, neither referred to nor negated an earlier Order in

these Causes which stipulated that there were unresolved issues which were to be decided by the Court, requiring further Findings of Facts and Conc|usions of Law (copies attached), then error does appear on the face of the record. However, if, in fact, this allegation (of Fact) is not evident from the face of the Records received from the Harris County District C|erk’s Office in these Cause Numbers, the extrinsic fraud has been perpetrated upon the Petitioner and this Honorable court ”impeaching the original transaction," i.e., the denial of Larson's App|ication For Writ Of Habeas~Corpus and/or Writ Of Mandamus.

PRAYER FoR RELlEF

Larson PRAYS this Honorable Court GRANT Larson's Bill Of Review, Review the entire Habeas Record, Ordering-if necessary-the Harris County District C|erk’s Office to provide both the Honorable Court and the Petitioner the Comp|ete Habeas Corpus Fi|es in the above and Foregoing Trial Court Cause Numbers and, thereafter, GRANT|NG the Relief origingal|y

PRAYED for in Larson's App|ications For Writ Of Habeas Corpus; for thus Doth Petitioner PRAY.

MoRGAN sKYFusArs § V&)Mj

My Commission Ex 'res an 1,2018'" _" / PAulj LARsoN, Petitioner Pro se

9 Bucan Street, #l Houston, Texas 77076§2451

OATH

SUBSCR|BED AND SWORN TO BEFORE ME, the undersigned Notary Public, on this

Z('~f/\Oolbl/,-zols

l\/ly Commission Expires: … %m

NOTARY(/ PUBLICU

march '7/1<> i<§

Cause No. WR. 20,644-0_ Ex parte |n The Texas Court .Pau_l Larson ‘ of Criminal Appeals v Austin, Texas Trial Court Cause Nos. 449008-€, 449008-D, 465007-€, & 465007-D7 Court Of Criminal Appea|s.Cause Nos.:

WR 20,644-04, WR 20,644-05, WR 20,644-06, WR 20,644-07, and WR 20,644-08

CERT|F|CATE OF SERVICE

Service has been accomplished by mailing a true and correct copy of the foregoing instrument (Bi|| of Review) to the following address: Honorable Linda Garcia, Assistant District Attorney; 1201 Frank|in St., suite 600; Houston, Texas

77002, on this, theé£ "day of Q§H'»\) ,2015. Signed On This The 45 day of f& ,2015.

Respectfuny submitted,

,@/M

Pau| Larson Pro Se Petitioner

t

Cause No. 449008'€

EX PARTE § rN THE 263“” Dis'rRicr collar § or

mut ALLAN LARsoN, Appu¢am § HARRIS couNTY, TF,xAs

STATE’S PROPOSED ORDER DESIGNATENG ISSUES Having reviewed the applicants petition for writ of habeas corpus, the Court finds that the following issues need to be resolved in the instant proceeding whether the applicant is being illegally confined pursuant to a parole warrant and whedier the parole board has unlawfully imposed conditions on his mandatory release

Therefore, pursuant to Article 11.07, §3(d_), this Court will resolve the above~cit€§d issue

and then enter findings of fact, _

The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the

above~styled case to the Court of Criminal Appeals until further order by this Court.

By the following signature, the Court adopts the _ State’s Proposed Order Designating lssuec.

SIGNEI) on me _____ day of OCT 1 8 2012 , 2012‘

F - 735 Danlel n git:trlet C\ork

gm 0 9 2012

/

9/~»:7/"§.‘9~%/@, 'D . ('/Qrk Cause NO.` 449008~1)

, `/ sit/5 ' "/-¢E/_ b 4 Ex PARTE t _`__ ft \ § iN rita 263“D DISTRICT CCiURT ' ` oF PAUL ALLAN LARSON, _ Applicam ' § HARRIS CoUNTY, TEXAS

STATE’S PROPOSED ORDER DESIGNATING ISSUES Having reviewed the applicant’s petition for writ of habeas corpus_, the Court finds that the following issues need to be resolved in the instant proceeding: whether the applicant ."s being illegally denied credit for time spent on supervised release and whether the parole board has

unlawfully revoked his supervised release

'l`heret`ore, pursuant to Article ll.07, ’i3(d), this Court wili resolve the above-cited issue

l

and then enter findings of fact.

The Clerk oi` the Court is ORDERED NOT to transmit at this time any documents in the

above-styled case to the Court of Criminal Appealsuntil further order by this Court, . '

By the following signature, the Court adopts the State’s Proposed Order Designating Issues.

slGNED on the aany ""UG ii w ,2013.

"x$

`\. la tv ‘1

Cause No. 46500'7-€ ‘:Vt P./\P_'.'.`.."; l § FN T'riE 263?`9 DT,STF'JCT COT.FRT

§ ' top i”`AUi.. HLLAN LARSCN,

Appitcam § wants COUNTY, rents

STATE’S PROPGSED ORDER DESEGNA.TUG ISSUES

iiaving reviewed the applicants petition for writ of habeas corpus the Court finds that the foliowing issues need to be resolved in the instant proceeding whether the applicant is being ilie'& talle confined pursuant to a parole warrant and whether the parole board has unlewfullv imposed conditions on his mandatory release

Therefore, pursuant to Art;icie ll.O'/`, §3(€!`), this Court will resolve the above~cited issue and then enter findings of fact

The Clerk of the Court is ORDERED _N_Q;l: to transmit at this time any documents in the

above-styled case to the Court of Criminal A.ppeais until further order by this Cou:t.

B§’ the following signature the Court adopts the State"s Proposed Order Desig“nating Issues.

- ‘ ' ' 'i 7 : n sIGNED on me day m~ ttCi l 8 ..Cl-

,ZGi£.

g §/’P\Eq ;:\`,zi`,'?jf`~ l §J E 33 C&ii‘is. lienin é’,_, District Clerk 5 z 45 tier 0 9 nn ,b ?"'\

'q` ~_ /»/~/lll

if Cause No 465007-1) o"r"§o ~'59

a&{"'>,‘._ \\‘- "// ‘/// (\( 'C‘/; ;9/ fig Ex PARTE ,, 470 ' § lN THE 263'm omch collar . .` q § oF PAuL ALLAN LARsoN. \ Applicam `\\ ` § HARRIS COUNTY, TEXAS

v STATE’S PROPOSED ORDER DESIGNATING ISSUES

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