Mitchel, Eric v.

• Court: Court of Appeals of Texas
• Decided: December 20, 2017
• Docket: WR-87,839-01
• Status: Published

Opinion

h

Court No. 2

TO: Tim Curry Criminal Justice Center Tarrant County District Clerk's Office 401 West Belknap Street Fort Worth, Texas 76196

FROM: EricV. Mitchel 2123 Windcastle Drive Mansfield, Texas 76063

RE: Cause No. 1387867-1

DATE: November 13,2017

Dear Clerk:

Enclosed please find Petitioner's Inquest Order (attachments-8) please file thiswith the2""* District Court Judge and bring this o his/her attention.

Please file this in your usual manner, and allow me to know of any ruling upon this inquest at my address listed above.

Thank you for your assistance in this manner.

Sincerely,

3 Eric V. Mitchel UCC-1-308 Without Prejudice

RECEIVED IN COURT OF CRIMINAL APPEALS

DEC 0 2017

Deana Williamson, Clerk CAUSE NO 1387867-1

ERIC V. MITCHEL, PETIONER IN THE 2"" DISTRICT

VS COURT OF

STATE OF TEXAS TARRANT COUNTY TEXAS

PETITIONER MOTION REQUESTING THE COURT TO COMPEL THE DISTRICT CLERK TO COMPLY Wrra PETITIONER'S REQUEST FOR DOCUMENTS.

TO THE HONORABLE JUDGE WAYNE SALVANT OF SAID COURT:

Now comes Eric V. Mitchel, Petitioner pursuant to Texas Code of Criminal Procedure presenting his motion request to the court for Inquiry pursuant to Government Code §§S2.028(b) does not prohibit a governmental body from disclosing to an individual described by subsection [a] [1] or that individual's agent In this section [c] correctional facility means: [1] a secure correctional facility, as defined by section 1.07, penal code, [2] a secure correctional fiacllity and a secure detention facility as defined by section 51.02 family code; and [3] a place designated by the law of this state, another states or the federal government for the confinement of a person arrested for, charged with, or convicted ofa criminal offense.

The requested documents are essential to the litigation of Petitioner's constitutional claims and the preservation of his constitutional rights under the Amendments to the Constitutional of the United States of America. Further, Petitioner is entitled to the requested documents under Texas Public Information Act. Michael Morton Act, Access to Court and the Interest of Justice. In support of his motion and for good cause. Petitioner will show the court as follows: [1]

On November13,2017, Petitioner sent a "Letter of Inquiry" to the District Attom^'s office for Tarrant County Texas, requesting certified copies ofany contract(s) upon which the state relyin the presumption that the Petitioner ever waived his unalienable rights and agreed with Full Disclosureand knowledge that Petitioner ever agreed to be treated as a colorable person under military rule. Certified copiesof the instrument(s) upon which the state rely in STATE OF TEXAS prosecutionof Petitioner. (SeeAttachment) n

The District Attoniey responded on August 25,2017 in a short memo."In response to your request, please be advised that the TEXAS PUBLIC INFORMATION ACT does not require a governmental body (le. Tarrant county Criminal district Attorney's office) to comply with a requ^ for information form:" • An individual who is imprisoned or confined in a correctional facility: or, • An agent of that individual, other than the indhlduars attorney - when the attorney is seeking information that Is subject to disclosure under Chapter 552 of the TEAS GOVERNMENT CODE, SEE TEX.GOVT. CODE § 552.028(A) (VERNON 2016) OF THE ACT. (See attachment)

m

Established the fact that Petitioner Is incarcerated at the O. L. Lutiier Unit (TJ>.CJ.) and this violation of the 4"* and 14"* Amendment of theConstitution of the United States. Petitioner has never been provided with the certified copy of the instruments upon which the state rely in STATE OF TEXAS prosecution of the Petitioner.

IV

WHEREFORE PREMISES CONSIDERED, PETITIONER prays that this court consider this motion for inquiry and upon the facts listed therein grant him the documents that are needed. CERTIFICATE OF SERVICE

I hereby certified that on November 13,2017, that a true copy of the foregoing Motion for Inquiry was mailed out postage prepaid first class addressed to:

Tarrant County District Clerk's Office 401 West Belknap Street Fort Worth, Texas 76196

Eric V. Mitchel - Petitioner UCC-1-308 Without Prejudice. Foot Notes

Rodriques v.Ray Donavan (U.S. Department ofLabor) 769 f. 2s 1344,1348 (1985) "All codes, rules andregulations are forgovernment anthorities only, not human/creators in accordance with God's laws. All codes, rules and regulations are unconstitutional andlacking dueprocess..." PEOPLE - are supreme, notthestate. (Waring v. theMayor ofSavanah); Thestatecannotdiminish rights ofthe people. Hertado v.California, 110 U.S.516. The right to beletalone isthemost comprehensive ofrights andthe rightmost valued bycivilized men. Toprotest that right, every unjustifiable intrusion by the government upon theprivacy oftheindividual whatever the means employed, must be deemed a violation of the Fourth Amendment "[Olmstead v. U.S..277 U.S. 438,478 (1928)]. use 18§ 241 - CONSPIRACY AGAINST RIGHTS: If two or more persons conspire to injure, threaten, or intimidate any person inany state inthe free exercise or enjoyment ofany rights they shall befined under this title or imprison ed not more than ten years or both. use 18 §242 DEPRIVATION OF RIGHTS UNDER COLOR OF LAW: whoever, under color ofany law, statue, ordinance) regulation, or custom, willfully subjecte any person inany STATE to be deprivation ofany rights shall befined under this title or imprisonednot more than one year, or both. use 18 §2076 - CLERK IS TO FILE: whoever, being a clerk wiUfulIy refuses or neglects tomake orforward any report, certificate, statement, ordocument as required by law, shall be fined under this title or imprisoned not more than one year, or both. use 42 §1983 - CIVIL ACTION FOR DEPRIVATION OF RIGHTS: Every person who, under color ofany statue, ordinance, regulation, custom, or usage, ofany state subjects, orcauses to be subjected, any person withm the jurisdiction thereof to the deprivation of any rights, privileges, orimmunities secured by the Constitution and laws, shallbe liable to the party injuredin an action at law. use 42 §1985 - CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS: Iftwo or more persons inany state or territory conspire for the purpose ofdepriving, either directly or indirectly, any person's rights, the party so injured ordeprived, may have anaction for the recovery ofdamages against any one or more ofthe conspirators. "Where rights secured by the constitution are involved, there can be no rule making orlegislation which would abrogate them." [Miranda v. Arizona, 384 U.S..436,491] Consent To INDICT - The Fifth AmendmentStates: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentmejrt of indictment of a Grand Jury..." UnderU.S. code 42and 18, when youare detained, without yourconsent, for violating a statue, youhave just been kidnapped and if the judgesetsa bail,he just set a ransom and when theprosecutor confirms thecharges, he becomes part oftheconspiracy and can put the conspirators in jail and sue them for damages.

ATTACHMENTS-8 vases

4 United States ofAmerica

TO: District Clerk/Criminal District Attorney

RE; STATE ofTEXAS v. Eric V. Mitchel,District Court #2, CASE No. 1387867-1

LETTER OFMOUIRY

Dear District Clerk/CriminalDistrict Attorney Sharen Wilson:

Please provide the foUowmg information pursuant to Eric V. Mitchel's, hereafter Aggrieved Party, right to redress of grievance as stipulated in the Constitution for the United States of America. This request is further made pursuant to Title 42 U.S.A. §1986, §1985, §1983, and Title 18 U.S.C. §1621 as it applies to Oath of Office of each Officer of Oath/Affirmation who comes to know ofthis request.

Please provide certified copies of the instrument (s) upon which you rely in State of Texas prosecution of Aggrieved Party.

Please provide certified copies of the instrument(s) upon which you rely in your presumption that Aggrieved Party ever waived his unalienable rights, and agreed with fuU disclosure and knowledge that Aggrieved Party ever agreed to be treated as a colorable person under military rule of District of Columbia(s) corporate franchise "STATE OF TEXAS."

You are hereby granted 10 days from August 21, 2017, plus three days for maUing to provide the document(s) identified aboye.

NOTICE: Any response tothis inquiry must be sent toAggrieved Party as follows: Eric Mitchel c/o Erma Mitchel 2123 Windcastle Drive Mansfield, Texas 76063 NON-DOMESTIC

"Silence can only be equated with Fraud where there is a legal and moral duty to speak where an inquiry left unanswered would be intentionally misleading." U.S. v Tweel, 550 F. 2d.297-300 (1977).

Your failure to provide the documentation requested herein above shall be prima f^ie evidence by tacit agreement that no such authority ordocumentation exists, and that the Criminal Distnct Court ofTarrant County, Court No. 2, Case #1387867-1 is a 'Traud," void ab initio. That theongoing imprisonment of Aggrieved Party, Eric V. Mitchel iswithout authority oflaw, and any and all damages caused Aggneved Party, Eric V. Mitchel, by the "STATE OF TEXAS" corporation's fraudulent seizure and imprisonment ofAggrieved Party are due and pay immediately. Executed this 18th day ofAugust, 2017.

Eric V. Mitchel, Aggrieved Party August 18,2017

Please find enclosed selfstamped address envelope and second letter to be return with stamp ofreceipt.

Thanking you in advance. CRIMINAL DISTRICT ATTORNEY'S OFFICE DATE: August 25, 2017

TO: Eric Mitchei c/o Erma Mitchei 2123 Windcastle Drive ^.aflansfieid,-jX-7S8S3:". . ViA i^EGULAi^ MAIl

FROI^: lyiark Kratovil, Assistant Criminal District Attorney Criminal District Attorney's Office - Civil Division (817) 884-1233; (817) 884-1675 - Facsimile

RE: Your Public Information Request

This memo is writtento inform you that we are in receipt ofyour publicinformation request directed to the Tarrant County Criminal District Attorney's Office. In response to your request, please be advised that the Texas Pubuc Information Act does not require a governmental body [i.e. Tan^nt County Criminal District Attorney's Office] to comply with a requestfor information from: " an individual who is imprisoned or confined in a correctional facility: or, • an agent of that individual, other than the Individual's attorney - when the attorney is seeking information that is subject to disclosure under Chapter 552 of the Texas Government Code.

See Tex. GovTCode §552.028(a) (Vernon 2016) of the ACT.

MCK/sva XS. ??wT rOA 3/

Criminal District Attorney PH S L 'M illSI 5?c.40' ••;ooii«9i:9i5AU!:;' "s -O'i' Tarrant County 401 WestBelknap Fort Worth, Texas 76196

EricMitchel c/o Erma Mitchol 2123 Windcastl^' Dnve Wiansfieid, TX 7^63 |i|iiifji"">iilllMi'i'l"rrlliliul"i'ililiniM'"lr'i'i 3^ CiHH- CRIMINAL DISTRICT ATTORNEY'S OFFICE DATE: August 28, 2017

TO: EricMitchel c/o Erma Mitchel 2123 Windcastle Drive Mansfield, TX 76063 VIA REGULAR MAIL

FROM: Mark Kratovil, Assistant Criminal District Attorney Criminal District Attorney's Office - Civil Division (817) 884-1233; (817) 884-1675~ Facsimile

RE: Your Public Information Request This memo is writtento infonm you that we are in receipt ofyour publicinfomiation request directed to the Tanrant County District Cleric's Office. In response to your request, please be advised that the Texas Public Information Act does not require a governmental body [i.e. Tarrant County Criminal District Attorney's Office] to comply with a request for information from: • an individual who is imprisoned or confined in a conrectional facility; or, • an agent of that Individual, other than the individual's attorney - when the attorney Isseeking information that is subjectto disclosure under Chapter552 ofthe Texas GOVERNMENT CODE.

See Tex.

MCK/sva SHAKEN WILSON Xi; Pi=?S7 FCH B,

Criminal DistrictAttorney .©SSEP^ T17 II I'n ' " i I' ITi ' li'l3

Tarrant County W31 lii B

401 West Belknap *11 ill w' i- ' i"

Fort Worth, Texas 76196 isim T n /

Eric ilflitchel do Erma S^itohel 2123 Windcastle Drive Mansfield, TX 76063 33 1'.

DATE: October 2,2017

TO: Mark Kratovil, Assistant Criminal District Attorney Criminal District Attorney's Office - Civil Division

FROM: ERICV.MrrCHEL c/o Erma Mitchel 2123 Windcastle Drive Mansfield, TX 76063 NON-DOMESTIC

RE: My Public Information Request STATE of TEXAS v ERIC V. MITCHEL, District Court m CASE No. 1381867-1

I received the corr^pondence dated August 28,2017, which is in r^ponse to my Letter of Inquiry dated August 18,2017. Your letter (response) quotes Vemon's Texas Code Annotated §552.028 (a) (1) and (2). Upon further examination into §552.028 section (b), it states:

"This section dora not prohibit a governmental body from disclosing to an individual described by Subsection (a) (1), or that individual's agent, information held by the government body pertaining to that individual."

Therefore, by the wording of Subsection (b) it clearlystates that the governmental body can release information, including public information, to the individual listed in (a) (1) being an inmate incarcerated as long as it pertains to that individual. Allthe information requested in the "Letter of Inquiiy" pertains to ERIC V. MITCHEL (the accused). So, I request that this information be fakfln into consideration, and the "Letter of Inquiry" be carried out and any and all information requested in the "Letter of Inquiry" be provided.

Again, thanking yon in advance,

eric V. mitchel UCC 1-308 Without Prejudice Court No. 2

TO: Tim Curry Criminal Justice Center Tarrant County District Clerk's Office 401 West Belknap Street Fort Worth, Texas 76196

FROM: EricV.Mitchel 2123 Windcastle Drive Mansfield, Texas 76063

DATE: December 17,2017

Enclosed please find Petitioner's WRIT OF MANDAMUS and second copies of Inquest Order (attachments- 12) and cover letter. Please file thiswith the2'"* District CourtJudge and bring thisto his/her attention. Please file this in your usual manner, and allow me to know of any ruling upon this inquest at my address listed above.

Eric V. Mitchel UCC-1-308 Without Prejudice

ATTACHMENTS; MANDAMUS-4

DEC 20 2017

Deana Williamson, Clerk Cause No. 1387867-1

IN Re § IN THE TEXAS COURT § § OF § ERIC V. MITCHEL § CRIMINAL APPEALS

MOTION FOR LEAVE TO FILE AN APPLICATION

WRIT OF MANDAMUS

TO THE HONORABLE JUDGE OF SAID COURT:

Comes now, Eric V. Mitchel, relator in the above numbered cause. Pursuant to this court's original jurisdiction, Relator prose submits this Motion For Leave To File an Application Writ of Mandamus, and in support of this motion relator wUl show the court the following:

Generally, Mandamus Reliefis available if the trial court violates a duty imposed by law or clearly abuses its discretion, either in resolving factual issues or in determining legal issues, when there is no adequate remedy at law. Citing In re Moreno, 4 S.W-3d 278 (Tex. App. Houston [14*'' Dist.] 1999).

At trial Court abuses its discretion, and Mandamus may thus issue, when it does not follow guiding rules and principles and reaches an arbitrary and unreasonable decision. In re Nestle USA- Beverage Div.. Inc.. 82 S.W.3d 767 (Tex. App. - Corpus Christi 2002).

A trial Court abuses its discretion, and Mandamus may thus issue, in the following ways: (1) when it attempts to exercise a powerthat it does not legally possess. (2) if it declines to exercise a powerof discretion vested in it by law when the circumstances require that the power be exercised. (3) if it purports to exercise its discretion without sufBcient information upon which a rational decision may be made, and (4) If it exercises its power of discretion by making an erroneous choice as a matter of law in the following way (i) by making a choice that is not within the range of choices permitted by law, (ii) by arriving at its choice in violation of an applicable legal rule, principle, or criterion, or (iii) by making a choice that is legally unreasonable in the factual-legal context in which it is made. In re Nestle USA - Beverage Div.. Inc. 82 S. W.3d 767 (Tex. App. - Corpus Christi 2002); Tn re Gncrra. 235 S.W.3d 392 (Tex. App. —Corpus Christi 2007).

Mandamus issues only to correct a clear abuse of discretion or a violation of a duty imposed by law when there is no other adequate remedy; In re Guerra. 235 S. W.3d 392 (Tex. App. - Corpus Christi 2007). n

On August 18, 2017, Relator sent a letter of Inquiry to the District Attorney's office for Tarrant County Texas, Requesting Certified copies of any contract upon which the state rely in the presumption that the Relator ever waived his unalienable Rights and agreed with Full Disclosure and knowledge that Relator ever agreed to be treated as a colorable person under military rule. Certified copies of the instrument (s) upon which the state rely in State Of Texas prosecution of Relator.

See (EXHIBIT -A, Letter of Inquiry attached).

On August 25, 2017, The District Attorney responded in a short memo which did not satisfy Relator's request See (EXHIBIT - B, Respondent's Rely attached). IV

Relator states that on November 13, 2017, that he sent a packet with all information that was possessed through this Letter of Inquiry to the Court to consider and bring forward said information listed in the Letter of Inquiry. See (EXHIBIT - C, copies of all information sent to court, the 2"^ District Court of Tarrant CountyTexas).

Relator contends that since the trial court took no action and basicaUy ignored the Letter of Inquiry and took no actions on the production of the documents that is being requested, that Relator has no other adequate Remedy at law, and the Request is indisputable. VI

To obtain Mandamus Reliefwith respect to judicial conduct, a Relator must show (1) a clear right to relief usually when a judicial conduct in question violates a ministerial duty, and (2) noadequate remedy at law to redress thealleged harm. State ExRel. Rodriguez v.Marquez. 4 S.W.3d 227 (Tex. Crim. Add. 1999).

To be eligible for Mandamus Relief to compel the performance of a ministerial act, the Relator must have a clear and indisputable legal right to the relief sought, such that its merits are beyond dispute, and thus, the law must clearly spell out the duly to be performed with such certainty that that nothing is leftto the exercise of discretion ofjudgment. Relator has a clear right to the Relief sought. Hill v. Court of Appeals for FifthDist., 34 S.W.3d 924 (Tex. Crim.App. 2001).

VH

WHEREFORE PREMISES CONSIDERED, Relator prays that this Texas Court of Criminal Appeals grant this Writ of Mandamus and grant him the relief that is requested and any other relief that the Court deems necessary and just. Respectfully Submitted,

Eric V. Mitchel - Relator UCC 1-308 Without Prejudice CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and forgoing Motion for Leave to File An Application, Writ of Mandamus has been forwarded by United States Mail, postage prepaid to; Tim Curry Criminal Justice Center, The 2°'' District Court Judge, 401 West Belknap Street, Fort Worth, Texas 76196 [Tarrant County], Criminal District Attorney, Tarrant County 401 West Belknap, Fort Worth, Texas 76196 [Tarrant County] and Texas Court of Criminal Appeals, P. O. Box 12308, Austin, Texas 78711-2308