Schonwalder, Karl

Opinion

WR-83,689-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/18/2015 2:07:24 PM Accepted 8/18/2015 2:16:55 PM NO. WR-83,689-01 ABEL ACOSTA CLERK

RECEIVED COURT OF CRIMINAL APPEALS 8/18/2015 ABEL ACOSTA, CLERK

AT THE COURT OF CRIMINAL APPEALS TEXAS

In Re Karl Schonwalder

Original Proceeding and Emergency Relief From the 397th District Court of Grayson County

EMERGENCY PETITION TO HEAR WRIT OF HABEAS CORPUS AND TO STAY LOWER COURT PROCEEDINGS

Karl Schonwalder 2119 56th St Lubbock, Tex [79412] 806-438-1976 Unrepresented 1 To the Honorable Judges of the Court of Criminal Appeals, for Texas.

2 I.

3 Karl Schonwalder, is the defendant in error, in a criminal action brought on April 15, 2015, in the

4 397th District Court of Grayson County, entitled the State of Texas, Plaintiff v Karl Schonwalder,

5 Defendant, Cause No. 065584. This action was predicated upon an unlawful administrative procedure, a

6 copy is which is not attached because Defendant in Error has not received any process at this time, and no

7 probable cause affidavit is available in the subsequent corresponding, unlawful, criminal action.

8 Defendant in Error is told that no probable cause affidavit exists, and it is further claimed by the

9 prosecution that it is not necessary under the existing circumstances.

10 II.

11 The arrest and incarceration of Defendant in Error was made on February 8, 2015. A Habeas

12 Corpus was filed with the federal court within 30 days of the arrest and was timely filed under 28

13 U.S.C.1446(b). The federal court has denied the Writ of habeas without prejudice, for failure to exhaust

14 state administrative procedures and the Defendant in Error has timely filed for writ of habeas in this

15 court. The 397th District Court of Grayson County was given notice of this case, but has not stopped their

16 proceeding.

17 The court is herein required to review the Writ of Habeas Corpus forthwith as Wrongfully

18 Accused is currently being unlawfully incarcerated in violation of the Constitution, which is the purpose

19 of the Writ, or respond as to why the court has not taken action in this case in a timely manner due to said

20 unlawful incarceration.

21 Further, a request is herein made of this court to require the 397th District Court of Grayson

22 County to stay it's proceedings.

23 WHEREFORE, Karl Schonwalder, pursuant to these statutes and in conformance with the

24 requirements set forth requires a response from this court, on this day of 18th Day of August, 2015.

25 EMERGENCY PETITION & STAY OF PROCEEDINGS Page 1 of 3 Case No: ____________ 1 Respectfully submitted, 2 3 4 5 __________\S\___________ 6 Karl Schonwalder 7 by Scott Odam POA 8 9

10 1. VERIFICATION 11 IN WITNESS OF THIS AGREEMENT, the undersigned states that all herein be true, to the best of my 12 knowledge and ability, executed from without the “United States”; c.f. definition in 28 U.S.C. §1603(c ), 13 §1746(1) and 26 U.S.C. §7701(a)(10)(26)(31) as of the 18rd day of August 2015. 14 15 16 17 ______\S\_________ 18 Karl Schonwalder 19 by Scott Odam POA

20 2. VERIFICATION OF SERVICE 21 This is to verify that a copy of the above-entitled and numbered claim has been served on all parties 22 listed below, delivering a true copy to them thru the courts electronic filing system, or mailed where 23 necessary as follows: 24 25 ***EX PARTE**** 26 27 SHERIFF, J. KEITH GARY 28 DIRECTOR, TDCJ-CID 29 200 S. Crockett 30 Sherman, TX 75090 31 32 33 34 35 _____________________ 36 Karl Schonwalder 37 by Scott Odam POA 38

EMERGENCY PETITION & STAY OF PROCEEDINGS Page 2 of 3 Case No: ____________