Larson, Paul Allan

• Court: Court of Appeals of Texas
• Decided: February 2, 2015
• Docket: WR-20,644-08
• Status: Published

Opinion

3 C>, 4Ȣ/

FEB 02 2015

wR No. 20,644_ Abe\ Aoosta,Clem Ex parte ' |n The Texas Court

Pau| Larson v Criminal Appeals Cause Nos. 449008-€, 449008-D, 465007-C, & 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 REVIEW

COMES NOW, Paul Larson, Petitioner (hereafter Larson), bringing before this Honorab|e Court Larson’s Bil| Of Review; and, in support thereof, will show:

JUR|SD|CT|ON

A Bill of Review is a:

”[p]roceeding in equity brought for purpose of reversing or correcting priorjudgment of court after judgment has become fina|. 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." lf the entire record of Cause Numbers 449008- C, 449008-D , 465007-€, and 465007-D had been brought before this Honorab|e 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 Honorab|e Court), then the fact a subsequent Court Order filed with this Honorab|e Court from the 263rd District Court,

after Larson filed for Mandamus 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 Clerk'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 Application For Writ Of Habeas~Corpus and/or Writ Of Mandamus.

PRAvER FoR RELIEF

Larson PRAYS this Honorable Court GRANT Larson’s Bil| Of Review, Review the entire Habeas Record, Ordering-if necessary-the Harris County District Clerk'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 Re|ief originga||y

PRAYED for in Larson’s Applications For Writ Of Habeas Corpus; for thus Doth Petitioner PRAY.

MoRGANsKYFuGArE § m

My Commission Expires Mar¢n 7, 2013 f' PAU|J LARSON, Petitioner Pro Se

9 Bucan Street, #|

Houston, Texas 77076'2451 OATH

SUBSCR|BED AND SWORN TO BEFORE NlE, the undersigned Notary Pub|ic, on this

ZCQ day of‘i<>'~\/\OOJ?}S¢-,-zols

My Commission Expires: …%`O®

NOTARY(/ PUBL|CU macon 110 i<é

Cause No. WR. 20,644-0_ Ex parte - |n The Texas Cou rt _Paul Larson t . ' of Criminal Appea|s Austin, Texas Tria| Cou rt 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 SERV|CE

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 iff-10 , 2015. Signed On This The 15 day of y/& , 2015.

Respectfu||y Submitted,

saw

Pau| Larson Pro Se Petitioner

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Cause Nc. 449008'€

EX PARTE § rN THE 263"D nrs met count § ` oF

PAUi_. ALLAN LARSON, Applicam § HARRIS couNTY, n:xAs

STATE’S-I’ROPOSED 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~citcld issue

and then enter findings of fact,

`\

The Clerl< of the Coun is OR'DERED NO'I` to transmit at this time any documents in the

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

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

sIGNED on the _____ day cf OCT l 8 2012 , 2011

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Wo'r;r Cause No. 449008- D

EX PARTE § 1N rita 263“° DISTRICT CoiJR'r ' or PAUL ALLAN LARSON, 4 , 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 is being illegally denied credit for time spent on supervised release and whether the parole board has

unlawfully revoked his supervised release

"l`herel`ore, pursuant to Artic]e ll.07, d3(d), this Court will resolve the above~eiteld issue

l

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. r '

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

` ,' 7 1 dayof` 406 “:"'i m ,2013.

SIGNED on the

sit mt tr i~: rid ins 263*`~‘° nimmer coUR'r § or

mut neian LAi;As

Applicant

srATii.’s PRoi>ossi) onnsit_ onsiGNA.riNG issues iiaving 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 il`iegally confined pursuant to a parole warrant and whether the parole board has unlawfully

Therefore, pursuant to Article li.(l'i, §B(d`}, this Court will resolve the above»cited issue and then enter findings of fact

The Clerl; of the Court is ORDERED _l§i_Q;i: to transmit at this time any documents in the

above-styled ease to the Court of Criminal A.ppeais until further order by this Court

By the following signature the Court adopts the State"s Propo:

'~ f, x r‘t:“".-” ‘i § 'i`m."‘ ,___. ._ SIuNED onthe day 01 wi z ~~ ~ ,/,ui¢.

arena C%ii'ls. Danlel District Clerlt

OCT ll 9 `ZiliZ_

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¢,::£ cause No 465007 D

/;')I`. 4 o’¢€?;' /c’() cap 9 651 1 //€ 1' C/;":/ ii EX PARTE ,_ 470 § tN ms 263'“’ instch could ;"_` z -` `,"’:_~',.\_\\ ` § OF r>AuL ALLAN LARSON, Applicant "\\ ` § HARRIS COUNTY, TEXAS

y STATE’S PROPOSED ORDER DESIGNATING ISSUES

Having reviewed the applicant's petition t"or 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 denied credit for time spent on supervised release and whether the parole bdard has

unlawh.\Hy revoked his supervised release

Therefore, pursuant to Article ll.07, §3(d), this Court will resolve the above-cited issue

and then enter findings of factu

The Clerk of the Court is ORDERED NQ[ to transmit at this time any documents in the

above»stylecl case to the Court of Criminal Appeals until further order by this Court |

By the following signaturez the Court adopts the State’s Proposed Order Designating lssues.

w 14 ma ,2013.

SIGNED on the _________ day of

wo moon l

8689657

`Your' New Benefit Amount

BENEFICIARY’S NAME; PAUL A LARSON l 5

Your Social Securi'ty benefits will increase by 1.7 percent in 2015 because of a rise int cost of living You can use this letter when you need proof of your benefit amount to recei' e food, rent, or energy assistance; bank loans; or for other business Keep this letter with yc important financial records '

§Lv_l‘yluch Will I Get And When?_

~ Your monthly amount (before deductions) is

' The amount we deduct for Medicare medical insurance is

" (Il` you did not have`Medicar'e as of Nov. 20, 2014, or if someone else pays your premium, we show $0.00.)

~ The amount we' deduct for your Medicare prescription drug plan is (If you did not elect withholding as of Nov. l, 2014, we show $0.00.)

° The amount we deduct for voluntary Federal tax withholding is $0.00_ (_If you did not elect voluntary tax withholding as of Nov. 2(), 2014, we show $0.00.) _

~ After we take any other deductions, you will receive 31 ‘;()9,()() on or about Jan. 2, 2015. \ `

lt` you disagree with any of these amounts, you must write to us within 60 days from lhc date

you receive this letter. We would be happy to review the amounts ;

You may receive your benefits through direct deposit, a Direct Express® card, or an Elecnlonic Transfer Account. `lf you still receive a paper check and want to switch to an electronic l payment please visit the Department of the Treasury’s Go Direct website at www.godir ct.org.

What lt` I Have Questions? l

Please visit our website at www.socialsecurity.gov for more information and a variety of on ine services You also can call 1-800-7‘72~1213 and speak to a representative from 7'a.m. until 7 p.- ., Monday through Friday. Recorded information and services are available 24 hours a day. Our ines are busiest early in the week, early in the month, as well as during the week between Chlistmas New Year’s Day; it is best to call at other times lf you are deaf or hard ofhearing, call ourTI'Y n ` , , 1-800-32$-0778. If you are outside the United States, you can contact any U.S. embassy or co "ulate office Please have your Social Secun'ty claim number available when you ca11 or visit and inc de it on any letter you send to Social Security. lf you are inside the United Statcs and need assistance o any kind you can visit your local office

LS%USE _

8989 LAKES AT 610 DR HOUSTON TX

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S~'_'){`}IAL SECURI' ‘r" ADl`vIII~YlS"l`RA’I‘IC/N GREAT LAKES PR()GRAM SERVICE GENTER

600 \VEST MAD[SON S'I.` CHICAGO ila 60661-2474 OFFIClAL BUSlNES»'H

PENALT\' F~OR PFU‘JATE L."E"E~. $3’».`-"!

Open a my Soc/'a/ Security account

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Box 1. Name

PAUL A LARSON

iBox 2. Beneficiary’s Social Secun't_v Number l XXX-XX-XXXX

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Box 4. Be~netits Ftepaid to SSA in 2014 l aT/oo.oo . 2~

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Deductions for work or other adjustments

Tota_l Additions

Beneiits for 2014

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1 DESCRIPT|ON OF AMOUNT |N BOX 3

$15.920.00

$700.00 $16,620.00

$16,620.()() §

l li Deductions for work or other li adjustments

DESCR|PT|ON OF AMOUNT IN BOX 4 n

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$700.00 Banetits repaid to SSA in 2014 $700.00 l l l ii Box 6. V`oluntary Federal lncom.e Tax W_ithheid l NONE l i

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