Perry, Ex Parte James Richard "Rick"

Court of Appeals of Texas·Decided August 27, 2015·No. PD-1067-15·Published

Opinion

lOlltS

Texas Court of Criminal Appeals P.O. Box 12308

Austin, Texas 78711

"In re Eric Flores , pro se relator"

"In re The State of Texas , relator"

Vs.

Richard James "Rick" Perry , defendant

Trial Court Case No. D-l-DC-14-100139 Third Court of Appeals Case No.3-15-00063-CR Texas Court of Criminal Appeals Case No.PD-1067-15

PETITION FOR AMICUS CARIAE BRIEF IN THE PUBLIC INTEREST OF HEALTH AND SAFETY

(l)Table of Contents COURT OF CRIMINAL APPHALS (2)Parties of Interest (3)Opinions Below ^ 27 2015 (4)Question Presented (5)Constitutional Statutes (^^c^_ c.,>, (6)Jurisdictional Statement (7)Statement of the Case (8)Statement of Facts (9)Summary of Argument (lO)Argument (ll)Conclussion and Prayer

Pleaded By :

"In re Eric Flores , pro se relator"

General Delivery , 8401 Boeing Dr., El Paso Texas 79910

(2)Parties of Interest (i)Eric Flores is a party of interest whoms place of business is designated at General Delivery , 8401 Boeing Dr., El Paso Texas 79910.

(ii)Richard James "Rick" Perry is a party of interest whoms place of business is designated at 122 C St., NW, Ste. 200Washington, DC 20001.

(iii)The State of Texas is a party of interest whoms place of business is designated at State Capitol, P.O. Box 12697 Room 1E.8 Austin Texas 78701

(3) Opinion Belows (i) Pursuant to Texas Rules of Evidence no.402 evidence relevant to the subject matter of the case is generally admissible. The pro se relator has filed a motion to joinder of certain offenses that were committed by the defendant in the commission of the pending criminal offenses in the lower district court. Texas Rule of Evidence no.402 gives the pro se relator jurisdictional basis to file the motion for joinder of certain offenses that were committed by the defendant in the commission of the pending criminal offenses in the lower district court. (4) Questions Presented (i) Whether the Texas Rules of Evidence no. 402 allows , enables , or procurrs for the pro se relator to file a motion to joinder of certain offenses that the defendant committed in the commission

of the pending criminal offenses in the lower district court. (ii) Whether the defendant is a threat to the public interest of health and safety. (iii) Whether the pro se relator , his relatives , the prosecuteing attorney , and district judge will suffer irreparable injury such as death if the appellate court does not grant the relief that is being seeked herein.

(iv) Whether the irreparable injury such as death that the pro se relator , his relatives , the prosecuteing attorney , the district judges , and other members of the public will suffer far outweighs the legal injury if any that the defendant will suffer if the appellate court grants the relief settforth herein.

(v) Whether the relief that is being seeked herein is in the public interest of health and safety. (5) Jurisdictional Statement Pursuant to Texas Rules of Appellate Procedure no. 11 the pro se relators establishes good cause to file this foregoing "Aminus Cariae" brief because it is of imperative importance to the public interest of health and safety since the Aminus Cariae brief is seeking relief from imminent danger such as death on behalf of the public. This means that a large number of the population will die if the appellate court does not give consideration to the merit of this brief.

The defendant has previously shown to be violent and hostile when other officials are providing witness testimony to seek criminal prosecution against the defendant, by randomly causeing the death of members of the public until the defendants anger subsides.

This means that it is necessary for the appellate court to consider the merits of this brief.

The pro se relator hereby gives judicial notice that this case arises from the commission of a crime that was committed by the defendant against the pro se relator whom then seeked for the Travis County District Attorneys Office Public Integerty Unit to investigate and prosecute the defendant for committing a crime against the pro se relator and his immediate relatives. The defendant then malingered and construed circumstance to where the defendant could use his public office to remove the functions of the Travis County District Attorney Public Integerty Unit to prevent the pro se relator from launching an investigation that could have resulted in criminal lawful sanctions against the defendant.

After the Travis County District Attorney Public Integerty Unit indicted Richard James "Rick" Perry for coercion of public official to obstruct justice and abuse of power , the defendant then threatened to cause the death of the pro se relator , his relatives , the prosecuteing attorney , and the district judge.

The defendant has previously carried out a death threat by causeing the death of more than three of the pro se relators relatives constituteing mass murder in the first degree. For this reason the defendant has the substantial likelihood of

carrying out his recent death threat to cause the death of the pro se relator , his relatives , prosecuteing attorney , and the district judge assigned to the case if the appellate court does not intervene to enforce the performance of a duty as clearly defined by law. The irreparable injury such as death that the pro se relator , his relatives , the prosecuteing attorney , and the district judge will suffer far outweighgs the legal injury if any that the defendant will endure if the appellate court does grant the relief that is being seeked.

Although the pro se relator Eric Flores has entitled his petition Amicus Cariae Brief however pro se relator Eric Flores petition sounds in mandamus relief. For this reason the pro se relator Eric Flores cites the legal basis that invokes the appellate courts jurisdiction to enforce the performance of a duty as clearly defined by law as settforth below , in particular; The Texas Constitution grants the Texas Court of Criminal Appeals such original jurisdiction as may be provided by law to enforce the performance of a duty as clearly defined by law in the lower court of appeals and the district courts. [Tex.Const.Art.5 ,&6].The Texas Court of Criminal Appeals has the power to issue a writ of mandamus to enforce its jurisdiction over the lower court of appeals and the lower district court to ensure the effective and expeditious administration of the business of the lower court of appeals and the district court[Tex. Gov. Code & 22.221 (a). In addition , the Texas Court of Criminal Appeals has general mandamus authority against district and county court judges that have been elected within the jurisdictional bounderies of the State of Texas. Against these judges , the Texas Court of Criminal Appeals has the authority to issue all writs of mandamus that are agreeable to the principles of law that regulate the lower court of appeals and the lower district court[Tex.Gov.Code. &22.221(b)].This provision has been interpreted to expand the mandamus power of the Texas Court of Appeals so that it is virtuely identical to that of the lower court of appeals[see Dickens v. Ct. of App., 2nd Sup.Jud.Dist., 727 S.W.2d 542 , 548 (Tex.Crim.App.1987]. Pursuant to all subsections of Texas Rules of Appellate Procedures no.52 (for original proceedings) the relator submits this foregoing "Petition for Aminus Caraie Brief Sounding in Mandamus Relief to invoke the jurisdiction the Texas Court of Criminal Appeals because it is necessary to " correct a clear abuse of discretion or the violation of a duty imposed by law when the lower court of appeals and the district court has given the relator no other adequate remedy at law"[CSR Ltd. V. Link, 925 S.W.2d 591 , 596 (Tex.l996)( quoting Johnson v. Fourth Court of Appeals , 700 S.W.2d 916 , 917 (Tex.1985); see also Republican Party of Texas v. Dietz , 940 S.W.2d 86, 88 (Tex. 1997). (6) Constitutional Statutes

Dickens v. Ct. of App., 2nd Sup.Jud.Dist., 727 S.W.2d 542 , 548 (Tex.Crim.App.1987].

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Perry, Ex Parte James Richard "Rick", (Tex. Ct. App. 2015).

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Related

CSR LTD. v. Link
925 S.W.2d 591 (Texas Supreme Court, 1996)
Republican Party of Texas v. Dietz
940 S.W.2d 86 (Texas Supreme Court, 1997)
Johnson v. Fourth Court of Appeals
700 S.W.2d 916 (Texas Supreme Court, 1985)
Dickens v. Court of Appeals for the Second Supreme Judicial District of Texas
727 S.W.2d 542 (Court of Criminal Appeals of Texas, 1987)