..,. .,
• ·····.~.. .. .......... .
., .m-;.v;.l:"'l-~.;.~, ...j, '~ - ,_.,
.... \-
; .
-'"''1.
FILED IN
COURT OF CRIMINAL APPEALS
.OCT 01 2015
Docket No. WRIT 1001. Re: Cause No: E0004327 Abel Acosta, Clerk
STATE OF TEXAS: § IN THE ELLIS COUNTY §
PLAINTIFF § COURT AT LAW No.2 §
vs. § 109 SOUTH JACKSON St.
§
Frederick-William: Van Hom § WAXAHACHIE, TEXAS §
Relater § 75168
Notice of Appeal
I am Appealing the· September 9th- order of Ellis county court at law No; 2. Please take 'Notice of Appeal: Pleading'. Filed here with is a CD of the appellants record if I did not provide you a paper copy. ·
The count court at law No. 2 is being given notice only, with the paper record & the request for the clerks record. The docketing statement & fee are going to the Court of Criminal Appeals.
As an interested party, Non-attorney, Witness, Man & Living Spirit Expressly Reserving All Liberties. · P~t}j~ ~"'~ ~ ~ay of September 2015, by Petitioner: Frederick-William: Van Hom 2334 S. Hwy. 77 · Waxahachie,Texas 75165 · RECEIVED IN Ph. No. 972 937 6059 COURT OF CRIM!~JtU. APPEALS .iocument contains some
.::;~s that are of poor quality '.: the time of imaging.
Abet Acosta, Clerli
Appellate Docket Number:
Appellate Case Style: Style:
Vs. State of Texas
Amended/corrected statement: D DOCKETING STATEMENT (Criminal) Appellate Court: ~~~~lli{~~ii\!~~Y&!i (to be filed in the court of appeals upon perfection of appeal under TRAP 32)
Appellant Incarcerated? DYes ciNo Amount of Bond: t[~jW.~t'tfl~~f~~\1~~-~~1 D Appointed D District/County Attorney ~ 0 p,. '"~-<- L~>'jo.-->\ 0Retained D Public Defender Firm Name: Address 1: Address 2: fit.~!fl~~\\8!1~~1:~ti~l~\~i1WI~X~~~~ City: f~~4~\t~ltiti~ili[~Wf.~~~~4f~~~~1[~~ State: Telephone: Fax: Email: SBN:
Page I of5
First Name:
Last Name: Middle Name: ~*~j'ftl~-lfllllf.~f[~ml2l~r~lf~~~ Last Name: ~~~~~11}!~~~Jit¥i~1Ji~~~*~4ij]i~lf!~t~]
0 0No
~~:~o:::~~{.{f~~ Bisbic~j~~!~:;<Ap ...\ (~'\ Appellee Incarcerated? Yes ~
Amount of Bond: f~,1~~~i~~~l~~~if~1fj ProSe: 0 0 Retained 0 Public Defender Finn Name:
~:;~::~-
t\)~;J'V'
o.,rvt we r lb A.YV"f 6 {
State: fl!~'lf:fl~t-~'~ Zip+4: ~~flfJff:JZ~if Telephone: ~l.JJI.~~~l,T!I]ext. fYJ~~i~
Nature of Case (Subject matter Was the trial by: or type of case):
Date notice of appeal filed in trial court: ~Jf.l~~1m;l!.~}15~~ Type of Judgment: ~'itlmfj~~~~~f&il~ltJ If mailed to the trial court clerk, also give the date mailed: D~te trial court imposed or suspended ~~n~~J1~; ],R.-,~iit~,~~ _ tr1al court entered appealable order: Offense charged:
~4~~~.PJtJJ~%J,;l_l)~-,
f~)i~ffllrfltf!~lll?Jmlil1t~~Ja'lt~ ~~~~E!
~o
Is the appeal from a pre-trial order? DYes Does the appeal involve the constitutionality or the validity of a If guilty. does defendant have the trial court's certificate to appeal?
rule or ordinance? \ . " 1 .1'1 • 1 ~~~ "f..._ j S ~f-.v.J IJO "11> b.. 'f.J("H'""
or ~ io -tk. jv.,..~Jit.~ '"''~--' w
Motion in Arrest of Judgment: D Yes Other: DYes D No If other, please specify: ~f.i]~~Il~~~~~~~~;~
Motion and affidavit filed: DYes 0 No 0 NA DNA
Date of order: DNA Ruling on motion: D Granted D Denied DNA
Pnge2ofS
Court: ~;~~~~f[~Jlt~fRi~f£U~~t?iJ~~filt11~Jjffif~ Clerk's Record:
1
County: [1f~%\\\1~i1f.~i~~~~.ft.t~~~~If[~~~~~~1~~JR~~~~~fia Trial Court Clerk: 0 District 0 County Trial Court Docket Number (Cause no): t 000 L\~ 2 · Was clerk's record requested? ~es 0 No Trial Court Judge (who tried or disposed of the case):( ;)J')s-A y· (CA'-')~"tt 15 WRIT \00\ :::::·d:;::~~~~~~~@]jl~ First Name: Were payment arrangements made wi~lerk? Middle Name: ~Yes 0 No 0 Indigent Last Name: ~"ov-'~ tJ{....,... ocr~ ow\y .
Address 1: ~rln~11llR~~t~~!~f!rrta1i~ Address 2: ~~~~ll8til~~i!il~~1ii.1t~i11
~=~: t~[:::r~:~~~;i:;~i: Telephone: ~J!tl.l!tfr~ill ext. ;&~mit~ Fax: ~lflll'i~~il11m Email: ~[~wi\~~&fbi~1:11'Tttl1~~~~~~~~~lr(c>w-~ b.~ L..v->'TvJI)
Reporter's or Recorder's Record: _/ Is there a reporter's record? 0 Yes []lNo Was reporters I r-L.Yes 0No record requested?. 1\ll' ~ l-, , rl.a I)~"V.. , J)
~ "T\
1 "'-"' --·ct. ~(..~ o..i 4 ""p'-
e ,,..1J
r ' - I~
..... (
~ urv
the reporter's record electronically recorded? Yes 0 No L-1.11\.N,-c..-.f""'' (.,~ r,-t.'TJ,...., ~Nf~"V~ ~Y ~~ \-\ ~A»-S Nt>{ "' U"'-""..l &[ rl<stco,..A j, w.-.~ N~ Were payment arrangements made with the court reporter/court recorder? DYes 0No 0 Indigent 6-.V~>..)\ ..~~
0 Court Reporter D Court Recorder D Official D Substitute
Address 1: Address 2: City: State:
Email:
§J!t!t9m:¥f~LI{~i{~ Vs. r-~"'c'"~ 1t o~·Jf>l;J 71cr·t~ Wl"s-\;\,J \;._. 2ool 1~ k~ A -1lS ,;... -t'M...~t~..
1 ~;)_,,-.t..:.\
~ ]3 L\ ==~""'
oate: ~~~1i~Ja~BNa%'i11J State Bar No: ~--tl1!fl~~!~§ili1 Printed Name:
Electronic Signature: ~fj1l~lf1lj~f.i~~l~~il~~ff~1~{1@i~~W~1~ii~~f.l~~ (Optional)
c~~'(Jt o\ ~ tV'v)~ w,~\,-1 ~ t1v--i t"'~ 11 {)\}\ '!ftv:.1"'J".t J... I"'-~ ~ s~""~ o'"'" ~ \A)\-T Signature of counsel (or prose party)
Served:
Certificate of Service Requirements (TRAP 9.5(e}}: A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service;
(2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney
Page4of5
Please enter the following for each person
Date Served: ~¥J~~f~~~l~3~~~~W~~~1 Manner Served: 1~~~li~?i~l~~~~~~~Mt~f~1 First Name: ·lf1~llit~~J1JilllifBJ~ii~~~~ll%~I~~~~Jl~~£iiill Middle Name: !~~~,J~~li~!1~~~~fjli~~~~~1!~~~1~~~~ Last Name: l~j~~fj~~~!~m~~~Jit~!WI~I@1t~tfll~ · Suffix: ~~!~~~~~~
Address 1: Address 2: ~i:~~~l~~~:glJ~~~~~~ii&Tgfi~ City: ~~~~~~1mt~§!&.l~~~l-.~~iN~a~~ill State 1,1[~~~~1.:1fi.\f~1~ Zip+4: ~~l?~~lli~~~~~il1~1~~ Telephone: ¥i@JfiJ{~~~fil~ ext Fax: :Ifi~~¥[(t~tl~ffl~tf~-~lJJJ Email:
PageS ofS
• •• Docket No. WRIT 1001 . Re: Cause No: E0004327
STATE OF TEXAS: § IN THE ELLIS COUNTY §
PLAINTIFF § COURT AT LAW No. 2 §
vs. § 109 SOUTH JACKSON St.
§
Fred.erick-Wil]iam: Van Horn § WAXAHACHIE, TEXAS §
Appellant § 75168
CERTIFICATION OF SERVICE
1. · I Relater Frederick-WUUam: Van Hom, hereinafter referred to as Affiant, being of majority in age, competent to testify, as self realized entity, free man upon the land, my yes be yes,· my no be no, do state that the truths & facts herein are of first hand personal knowledge, true, correct, complete, certain, not misleacling, under penalty of perjury, & in accordance with Title 28 USC 1746 & applicable laws oithe State of Texas so help me YHVH, &: 2. That, Affiant on· or about September 24~ , 2015, produced the attached notice of appeal, to be filed/served in regards to, Doc. No. E0004327 regarding said cause this day in the Ellis County Court at Law No. 2 Clerks Office, Waxahachie, Texas 75168, &: 3.. That, Affiant on or about this September 24th, 2015, Affiant served the attached, ".Affiant' above liSted document, etc.", with attachments thereto, hereinafter documents, by filling them also in person at the Waxabaehi.e municipal court at 401 South Rogers & or by placing said documents properly · enclosed in a sealed wrapper, postage prepaid, at the Waxahachie, or other, Texas U.S. Post Offices, listed below: The Current :filing entails Appellant' Notice of appeal, Pleading & volume 1 of 2
Page 1 of2
.Appellants Certificate of Service September 24th, 2015
-- •• & volume 2 of 2 of the appellants record prepared by Appellant.
1. Court Of Criminal Appeals . P.O. Box 12308 Du <..k -t-~-. ~ ~J S1"~e..Y\ e~ Austm Texas 78711 \ .D ,t-l h ,r-,\ Jl Ph=5124631551 l\ tf<.tc<'·.rcA CN"'~ n1V\Y ry;}J\ v\_\~1 ' (1\.t. .R' rf\ I ,().! i)._,~ 2. The State of Texas \._ I .3 . g '1 I w ~ lLJ v-vt U Texas Attorney General Office 209 W. 14th St., or 1~ e..J vy o•.Je. P.O. Box 12548 Austin, Texas 78711
8. County Court At Law No. 2 . ~ \ .via Cindy Polley Ellis County Clerks Office at 109 South Jackson St.
0
i) c.,\.(~ N ~ t
s~ (}\:~ ~ )l f,J~
..£'~4~ Cl~ ... k~ 1/l-e.{v~ t b\. 12.-t~~
Waxahachie, Texas 76168 . ~ ~
4~ Waxahachie Municipal Court 0 lJ c. J<.e.:i) I,J., Sll\_..\ {)')-{', 401 S. Rogers, Waxahachie,Texas75168 Hand delivered.
6. The Governor of the State of Texas eve... .r y o tV't ~ l[ -t. --f!" 6th o P.O. Box 12428 "Tu~lk!id>~ .,;v., St.~ A·pV>t.. r\ b-t"t~ oq).;d~~s IQ~'1""".t'"'7 i\rpella~s Austin, Texas 78711
6. Mayor of Waxahachie: P.O. Box 757 Rt~~~ -(:v--\~ (\e.vf'k5 ~{..Cu~ [~c --~ Waxahachie, Texas 75168
7. State Commission on Judicial Conduct P.O. Box 12266 Austin, Texas 78711
As an interested party, Non-attorney, Witness, Man & Living Spirit Expressly Reserving All Liberties. · .25tlr.
&s mi o~~ ~ber 2015, by Affiant:
Frederick·Wi11iam: Van Hom 2334 S. Hwy. 77 Waxahacbde.Texas 75165 Ph. No. 972 937 6059
Page2 of2
Appellants Certificate ofService September241h, 2015
• -~-·---------~--------------~------
WAXAHACHIE 316 N COLLEGE ST
WAXAHACHIE
TX 751659998 4894950165
09/24/2015 (800>275-8777 4:18PM
Product Sale Final Description Oty Price born ~:----------$195.00- Value <Serial#:22818758174> Dom M.O. Fee $1.25 'fotaT ____________ _ Cash______ _ Change Order- stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS.
~XX~XXXXXXXXXXXXXXXXXXXXX~XXXX~*******
Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. **************************************
All sales final on stamps and postage Refunds for guor·anteed services only Thank you for your business HELP US SERVE YOU BETTER TELL US ABOUT YOUR RECENT .
POSTAL EXPERIENCE
Go to:
https://postalexperience.com/Pos or scan this code w.i th
your mobile device:
or call 1-800-410-7420.
YOUR OPINION COUNTS
Bill #:. 840-57520083-2-391639-2 Clerk: 07
•
Docket No. WRIT 1001. Re: Cause No: E0004327
STATE OF TEXAS: § IN THE ELLIS COUNTY §
PLAINTIFF § COURT AT LAW No. 2 §
vs. § 109 SOUTH JACKSON St.
§
Frederick.·WiUiam: Van Hom § WAXAHACHIE, TEXAS §
Relater § 75168
Notice of Appeal
I am Appealing the September 9th· order of Ellis county court at law No~ 2. Please take 'Notice of Appeal: Pleading'. Filed here with is a CD of the appellants record if I did not provide you a paper-copy. ·
. The count court at law No. 2 is being given notice only, with 'the paper record & the request .for the clerks record. The docketing statement & fee are going to the Court of Criminal Appeals.
As an interested party, Non·attomey, Witness,- Man & Living Spirit Expressly Reserving All Liberties. ~~ W~ ~ ~y of September 2015, by Petitioner:
Frede:rick.·Wi11iam: Van Hom 2334 S. Hwy. 77 Waxahachie,Texas 75165 Ph. No. 972 937 6059
f I L E. D SEP 2 4 2015
.. • ··2315 SEP clt ftM ~.~ 2t:
fiLE() FOR 1\t.Cfmtl .
OIHOY POLLEY
ELLIS C0UHTY CLERK
Appellant' Record
Volume 1 of2 ·
Municipal Court Docket No. E0004327 County Docket No. WRIT 1001 In The County Court At Law No. 2 Honorable Judge: A. Gene Calvert, Jr. Judge Presiding
The State Of Texas
Plaintiff,
V.
Frederick·William: Van Hom, Defendant
Appeal to the
Court Of Crimina] Appeals of Texas P.O. Box 12808 Austin Texas 78711
Ph: 512 468 1551
Relater: Private Litigant: Respondent Attorney: DANA D. HUFFMAN Frederick-William: Van Hom T.B.N. 00792593 2334 S. Hwy. 77, 401 South Rogers 1Vaxahachie,Texas 75165 Waxahachie Texas 75168 Phone No. 972 937 6059 Phone No. 972 713 7757
2915 SEP
.
aJ.- RM . . . ~;,. 2il~
·•·
FILED FOR HtCUiH'l
QIHDY P.OLLEY ELLIS. C0UNTY CLERK
Appellant' Record ,Volume 2 of 2
Municipal Court Docket No. E0004327 County Docket No. WRIT 1001 In The County Court At Law No. 2 Honorable Judge: A. Gene Calvert, Jr. Judge Presiding
The State Of Texas
Plaintiff,
v.
Frederick·WilHam: Van Horn, Defendant
Appeal to the
Court Of Criminal Appeals of Texas P.O. Box 12808 Austin Texas 78711
Ph: 512 463 1551
-
Relater: Private Litigant: Respondent Attorney: DANA D. HUFFMAN Frederick·Wmiam: Van Horn T.B.N. 00792598 2884 S. Hwy. 77, 401 South Rogers Waxahachie, Texas 75165 Waxahachie Texas 75168 Phone No. 972 937 6059 Phone No. 972 713 7757
• Docket No. WRIT 1001.
•
Re: Cause No: E0004327
S'l'ATE OF TEXAS: § IN THE ELLIS COUNTY §
PLAINTIFF § COURT AT LAW No. 2 §
vs. § 109 SOUTH JACKSON St.
§
Frederick-William: Van Hom § WAXAHACHIE, TEXAS §
Relater § 75168
Notice of Appeal: Pleading.
I am Appealing the September 9th order of Ellis county court at law No. 2. The reason I have prepared this notice of appeal this way is because of all the problems I am having with the Ellis county clerks. The latest being my asking for the docketing statement & being refused. The challenge to the subject matter jurisdiction being denied on the 9th is the grounds for this appeal.
Summary of the complaint provided because this is as I understand it an accelerated appeal: Appeal· Regular.
I understand I am to follow the rules of a regular appeal just at the accelerated table.
The state has no standing to prosecute me in the first place, no grounds, & none of any other kind of right to prosecute me, this }:,eing essentially the third time makes it just another form of malice. They have no right to prosecute me or even try. I am not liable or subject to their interests. They have no right to the precedence provided by probable cause when they know they have no cause to prosecute me: in the first place e.g. probability or other wise via such grounds. The only mater before the court at this time is the challenge to the subject matter & the subsequent mandatory termination of the criminal prosecution against me. The damages are not before the court until the accrual of the criminal action, & a
Page 1 of34
Notice of Appeal. September 24th. 2015
r ., ..\
Docket No. WRIT 1001.
•
Re: Cause No: E0004327
STATE OF TEXAS: § IN THE ELLIS COUNTY §
PLAINTIFF § COURT AT LAW No.2 §
vs. § 109 SOUTH JACKSON St.
§
Frederick-William: Van Horn § WAXAHACHIE, TEXAS §
Relater § 75168
Objections Regarding
Defendants Request For The Clerks Record, & My response to the justice department.
I was trying to accomplish verifying the costs per page of documents in the clerks record in the Ellis county main clerks office Phone No. 972 825 5070, frustrated I called the Ellis county court at law No. 2 phone No. 972 825 5066. I got to talk to J:>atricia Marshall, she said any of the Ellis county clerks can answer my filing questions, to my question of how much does it cost per page for the clerks record. I already knew the maximum was a dollar a page that can be charged, & when I called again the Ellis county main clerks office at Phone No. 972 825 5070, I asked for Morgan: the clerk who occupies Ellis county court at law No. 2 desk at the Ellis county main clerks office & she told me 1 dollar a page only after I spoke about my conversation with Patricia Marshall a couple of minutes earlier. Patricia Marshall works at the Ellis county court at law No. 2 judge' office & Patricia Marshall told me I have to conduct all my affairs through the Ellis county main clerks office so I am stuck with this problem. I want to accomplish purchasing the clerks record so I don't have my appeal dismissed for failure to follow the rules. On the 24th of September I talked to Morgan in person at the counter of Ellis county court at law No. 2 Ellis county main clerks office desk about the currant filling of my request for the clerks record & my notice of Page 1 of 4
Objections Regarding Defendants Request For The Clerks Record, & My response to the justice department: September-25th -2015 t· ..
• • appeal. While at Morgan' desk while filing my 528 or there about page 2 volume appellants version of a clerks record I noted that I had forgot this document requesting the clerks record see below I pointed out that the below requested information for the clerks record was found in the body of the Index' table of contents, & that I would. bring in my forgotten separate request for the clerks record tomorrow. Morgan than says what record then she says there is only what I filed & that there is -no clerks -record.
Instead of going in I have made this documentation of these several concerns & I am mailing my request instead. I figure The clerks record if she uses the documents I asked for or she copies my format, the cost. should not be more than 600.00 dollars, money I will set aside for her, & do to the given circumstances & the fact that the planed earnest money I was going to provide got used up making 3 copies of the appellant record one for the municipal court the county court & the court of criminal appeals. I don't have anything to pay at this time, anyways, but I will have the money as soon as possible. I need her to call me at 972 937 6059 with the figure otherwise I will assume there is not going to be a cost or a record regardless that I requested it thus there will be no other record than the one I provided.
I have read & do apply the rules to the best of my ability Its like this response to the justice departments refusal to investigate the crime against me created by my being criminally prosecuted. The Texas torts claims act does not & can not bar alternative forms of opportunity even though one may be made hole by the first avenue, I have the right to all remedies provided by the principles of the law. Seeking to notice the justice department of the situation allows me to address the fraud without filing an individual suite against the judges. What the justice department is ignoring is the fact that I am not an amended citizen. I personify an original citizen such as Washington or Lincoln. Literally the prosecution against me is un Constitutional they have no right, they cant prosecute me, its fraud, what they are doing is criminal, & they know it. It can Page 2 of 4
Objections Regarding Defendants Request For The Clerks Record, & My response to the justice department: September-25th -2015 • • ,, .. ·,}'
·• not be allowed to continue even if they can afford to pay or are legislatively required to do so for having hurt me. What the justice department is doing is just bad form, if it is as it appears to be, in that the justice department is there to prosecute criminal behavior of the states judges then certainly my complaint is appropriately asserted. The bad form lay at there stating that there is nothing to investigate when clearly there is.
The 7 documents listed below Encompass the Portion of the clerks record I am requesting. I provide a copy of how I would & did put mine together mine is around 528 pages. Please let me Know what it cost & I will bring as much or all I can at that time.
27. Tab 27. August 6th, 2015: Defendants Petition For Writ.ofProhibition.
Page R-119.
To save time & money I reformatted to include the record filed with Tab 27 above to add Tabs 28 through 32 below thus this adding of pages R-161 through R-257 are what makes to the best of my ability & knowledge a complete record of E0004327. I suggest & ask the clerk to copy me & I have provided earnest money down for this purpose, & it would be in my opinion the most efficient way, & an even better situation would be for the Court to proceed on my record. Basically Tabs 27 through Tab 32 are the last 7 documents filed & the subject of this appeal. Of course I know she may have some other policy to fallow & I may be required to use her record .. I really hope we can just use mine.
28. Tab 28. August 12th, 2015: Defendants Receipt paying for the filing of the Petition For Writ of Prohibition p. R-170. Page R-161. 29. Tab 29. August 14th, 2015: Letters, Questions, & complaint Regarding the
Page 3 o£.4
Objections Regarding Defendants Request For The Clerks Record, & My response to the justice department: September-25th -2015
'•' '
delay.
• • Page R-171.
30. Tab 30. September 9th, 2015: Order Denying my petition for writ of prohibition from the county court at law No. 2. Page R-189. 31. Tab 31. September lOth, 2015: The Justice Departments response regarding: Letters, Questions, & complaint Regarding the delay. Page R-190. 32. Tab 32. September ttth, 2015: Motion to reconsider & or plea to the Page R-194_.
Volume 2 of 2 begins
33. Tab 33. September 24th, 2015: Notice of Appeal, Pleading. Page R-221.
As an interested party, Non-attorney, Witness, Man & Living Spirit Expressly Reserving All Liberties. ~~1(~~ 24th ~ay of September 2015, by Petitioner:
Frederick-William: Van Horn 2334 S. Hwy. 77 Waxahachie,Texas 75165 Ph. No. 972 937 6059
Page 4of4
Objections Regarding Defendants Request For The Clerks Record, & My response to the justice department: September·25th -2015