Baig, Irshad Ismail ( 2015 )

' '
.-.,'
No. _ _ _ _ __
IN THE STATE OF TEXAS COURT
OF CRIMINAL APPEALS ON
ORIGINAL ACTION JURISDICTION
APPLICANT'S PRO SE MOTION SEEKING COURT LEAVE TO
FILE ORIGINAL ACTION APPLICATION FOR
WRIT OF HABEAS CORPUS This document contains som€
pages that are of poor quality
To the HONORABLE CLERK of said COURT: at the time of imaging.
Comes now IRSHAD ISMAIL BAIG, pro se Applicant in cause sub judice and
submits his pro-se MOTION SEEKING COURT LEAVE TO FILE ORIGINAL ACTION
APPLICATION FOR WRIT OF HABEAS CORPUS. RECEIVED IN
COURT OF CRI~RINAL APPEALS
I.
SEP 14 2015
JURISDICTIONAL STATEMENT
Abet Acosta, Clerk
(1) Applicant IRSHAD ISMAIL BAIG is being restrained ofhis constitutional protected
liberty and property interest by virtue of Fort Bend County Cause Number 15-CCR-
180026 under color of STATE OF TEXAS statutory law contrary to and inconsistent
with the official Constitution(s) of Texas and United States of America. Texas Code
of Criminal Procedure (2012) Articles 11.01, 11.04, 11.05, 11.09.
II.
STATEMENT OF CASE
(2) Applicant was initially charged by Information under Article 22.01 (a) (1) Texas
Code of Criminal Procedure (See Attachment A- Fort Bend County Register of
Actions) on or about Aprill3, 2015.
Page 1 of 3
··.,
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(3) On or about May 13, 2015 Applicant filed his pro-se Application For Writ of Habeas
Corpus, Article 11.09 Tex. Code Crim. Proc. (2012). See Attachment A.
(4) In the United States Supreme Court Case ofLaChance V. Erickson 522 U.S. 262,
266; 118 S. ct. 753 (1998) and progeny it was plainly established "IF A LIBERTY
INTEREST IS CREATED BY STATUTE, DUE PROCESS REQUIRES NOTICE
AND MEANINGFUL OPPORTUNITY TO BE HEARD." Furthermore, in TARTER
V. HURY 646 F.2d 1010 (5 1h Cir. 1981) and progeny this Circuit plainly established
"Pro se litigant entitled to have pro-se motions considered by court although he had
appointed counsel".
(5) Applicant IRSHAD ISMAIL BAIG, while proceeding pro-se during prosecution of
·Cause Number 15-CCR-180026, made numerous documented attempts to have the
Fort Bend County Court #3 entertain his pro-se Art. 11.09 Habeas Corpus
Application, however, said trial court has to date ignored every single pleading
Applicant had properly filed. During over 100 days of documented prosecution of
said Cause (supra) the trial court has set and reset said Cause for jury trial. Clearly,
taking the case to jury trial would blatantly moot and thus deny Applicant's State of
Texas and United States Constitutional Right/Entitlement to have his Art. 11.09
Application entertained, addressed by the trial court.
(6) On or about September 10,2015 Applicant filed his pro-se motion to "WITHDRAW
SUBJECT MATTER JURISDICTION IN ORDER TO PROCEED ORIGINAL
ACTION JURISDICTION OF TEXAS COURT OF CRIMINAL APPEALS." See
Attachment B [3 Motions].
Page 2 of 3
PREMISES CONSIDERED:
(7) Applicant prays the Court to GRANT LEAVE TO FILE ORIGINAL ACTION
ARTICLE 11.09 Application For Writ OF HABEAS CORPUS attached hereto and
thereafter GRANT/ISSUE THE WRIT sua sponte; in all things. So Moved and
Prayed.
;'"_vy(.,..
\ '\ '
i
IRSHAD ISMAIL BAIG
11706 Nobility Drive, Stafford, TX 77477
Sworn to and Subscribed
before me hI J.J .M · /J1Etfl'ZA
this/J..~y ofSeptember 2015
N!:::~
Fort Bend County, Texas
AMIN M MEERZA
My Commission Expires · J
June1.2016 ~
Page 3 of 3
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. 9/11.'2015"
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tyler paw .co.fort-bend.tx.us/CaseDetail.aspx?CaseiD= 1464206
REGISTER OF ACTIONS
CASE No. 15-CCR-180026
State of Texas vs lrshad Ismail Baig § Case Type: Adult Misdemeanor- Filed by
§ Information
§ Date Filed: 04/13/2015
§ Location: County Court at Law 3
§
RELATED CASE INFORMATION
Related Cases
14-CCR-177950 (Other)
pARTY INFOR:\IATION
Attorneys
Defendant Baig,lrshad Ismail Male Asian
Stafford, TX 77477 5' 8", 190 lbs
State State of Texas
Richmond, TX 77469
Witness Baig, Kausar Jehan Female Asian
Meadows Place, TX 77477
Witness Davis, Kelly
Meadows Place, TX 77477
Witness Muratee, Shobana Female Asian
SUGAR LAND, TX 77478
CHARGE INFORMATION
Charges: Baig,lrshad Ismail Statute Level Date
1. ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE 22.01 (a)(1) Class A Misdemeanor 11/09/2014
Evr.:ws & ORDERS OF THE CouRT
OTHER EVENTS AND HEARINGS
04/13/2015 Complaint
04/13/2015 Information
04/13/2015 Docket Sheet
04/13/2015 Case Filed (open event)- Criminal
04/13/2015 AJ;!plication/Reguest for Summons
by State
04/13/2015 Warrant Information Sheet
04/20/2015 Summons - Mail
lrshad Ismail Baig
04/20/2015 Summons
Baig, lrshad Ismail Unserved
05/01/2015 Motion !No Feel
Defendant Pro Se Motion for Self Representation at Jury Trial and All Related Court Process in Above Styled, Numbered Cause of Action
05/01/2015 Affidavit
of Nolle Prosequi
05/13/2015 Writ of Habeas CorJ;!US Pre-Judgment
05/13/2015 Motion (No Feel
to quash charging complaint; dismiss prosecution
05/22/2015 Reset
06/26/2015 Notice
Certificate of Service
06/26/2015 Motion !No Feel
Defendant Po Se Motion Requesting Court to Order its Clerk/Reporter to Make Complete Transcription
06/26/2015 Motion !No Feel
for Court to set date on docket for Motions hearing
06/30/2015 Reset
06/30/2015 Reset
06/30/2015 Motion !No Feel
Pro Se Motion to Hold All Proceedings in Abeyance
06/30/2015 Jury
07/14/2015 CoJ;!y Reguest
07/14/2015 Motion for Discoverv
and order
http://tylerpaw .co.fort-bend.tx.us/CaseDetail.aspx?CaseiD= 1464206 1/2
.
9/11/2015
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tylerpaw.co.fort-bend.tx.us/CaseDetail.aspx?CaseiD=1464206
07/14/2015 Motion (No Fee}
requesting finding offact w ith conclusions of law/ and order
07/14/2015 Motion (No Fee}
objection to trial court consolidation of more than one charging instrument offense for prosecution in a single triaV and order
07/20/2015 Motion (No Fee)
Def Pro-Se Motion Electin g Trial Jury to Assess Punishment
. 07/20/2015 Motion (No Fee}
07/21/2015 Reset
07/21/2015 Motion (No Fee}
To Dismiss Cause Sub Judice For Want of Prosecution (Pro Se)
07/28/2015 A!;!!;!lication for Sub1;1oena
08/18/2015 Subeoena- Constable 2
Kausar Jehan Baig
08/18/2015 Subeoena- Constable 2
Kausar Jehan Baig (Duce s Tecum)
08/18/2015 Subeoena - Constable 2
Kelly Davis
08/18/2015 Subeoena- Constable 4
Shobana Muratee
08/24/2015 Subpoena
Baig, Kausar Jehan Unserved
08/24/2015 Subpoena
Baig, Kausar Jehan Unserved
08/24/2015 Subpoena
Davis, Kelly Unserved
08/24/2015 Subpoena
Muratee, Shobana Returned Unserved 09/03/2015
Returned 09/03/2015
09/04/2015 Motion (No Fee}
Applicant Pro Se Motion T o Expedite Disposition of Subject Matter In Article 11.09 Application For Haveas Corpus Relief
09/15/2015 Jury Trial (11 :00 AM)(Judi cial Officer Lowery, Susan G.)
ProSe
0512212015 Reset by Co urt to 0613012015
06/3012015 Reset by Co urt to 07121/2015
0712112015 Reset by Co urt to 0911512015
http://tylerpaw .co.fort-bend.tx.us/CaseDetail.aspx?CaseiD= 1464206 2/2
,.-'
No. 15-CCR -180026
County Court at Law No. 3
Fort Bend County, Texas
)
STATE OF TEXAS ) IN THE COUNTY COURT AT LAW
) NO.3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
_______________________________)
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
APPLICATION FOR WRIT OF HABEAS CORPUS
(T.C.C.P. ARTICLE 11.09; 11.05; 11.04; 11.01)
Applicant: IRSHAD ISMAIL BAIG
Date of Birth: April 07, 1964
STATEMENT OF CASE
1) On or about November 18, 2014, Kausar Baig, wife of Applicant herein,
made a criminal Complaint with Meadows Police Department of Fort Bend
County, Texas implying family violence may have occurred.
2) A judicial Protection Order was applied for by C.P.S. (Child Protection
Service) and was summarily granted, temporarily prohibiting Applicant from
associating with or contacting his immediate family in Cause number 14-DCV-
219, 272 on or about December 01, 2014. Earlier, on or about November 9th thru
14th, 2014, after C.P.S. officers had interviewed my wife, she was threatened in the
Page 1 of6
.. .· ..
15-CCR-180026
WRHCF
Writ ol Habeas Corpus Pre-Judgment
No. 15-CCR -180026 .ii\l\11\ll\\l\11\Ill
14 BCR 968919
County Court at Law No.3
Fort Bend County, Texas
)
STATE OF TEXAS ) IN THE COUNTY COURT AT LAW
) NO.3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
APPLICATION FOR WRIT OF HABEAS CORPUS
(T.C.C.P. ARTICLE 11.09; 11.04)
Applicant: IRSHAD ISMAIL BAIG
Date of Birth: April. 1964
STATEMENT OF CASE
1) On or about November 18, 2014, Kausar Baig, wife of Applicant herein,
made a criminal Complaint with Meadows Police Department of Fort Bend
County, Texas implying family violence may have occurred.
2) A judicial Protection Order was applied for by C.P.S. (Child Protection
Service) and was summarily granted, temporarily prohibiting Applicant from
associating with or contacting his immediate family in Cause number 14-DCV-
219,272 on or about December 01,2014. Earlier, on or about November gth thru
14th, 2014, after C.P.S. officers had interviewed my wife, she was threatened in the
Page 1 of6
following manner "If you do not sign an Affidavit against your husband, today we
will take official custody against your three children and put them in a State
Home."
3) After the Protective Order was granted, the state of Texas as well as the
County of Fort Bend, Texas elected to file and prosecute subsequent felony and
misdemeanor charges against Applicant under Cause Numbers 14-DCR-68010
(felony) and under 14-CCR-177950, December 2014, January 2015.
4) On or about January 26,2015, the state ofTexas moved to Dismiss the
protective Order and Court granted same. See: Attachment 1.
5) On or about April 13, 2015, the state of Texas moved to Dismiss felony
prosecution in Cause Number 14-DCR-68010 to re~file same as Misdemeanor in
Cause Number 15-CCR-180026, subjudice.
6) Applicant is now before the Court seeking habeas corpus relief from what he
perceives to be unwarranted judicial harassment and blatant abuse of tax payer
funds.
LEGAL CLAIM
7) Applicant is presently restrained of his liberty and property interests in Fort
Bend County, Texas under color of State of Texas law in manner contrary to and
inconsistent with the Constitution and law of the United States of America and
specifically the FOURTH, FIFTH, SIXTH, and FOURTEENTH Amendments
Page 2 of6
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thereto.
8) Applicant herein urges the writ of Habeas Corpus to issue forth against Fort
Bend County Misdemeanor Complaint/Information number 15-CCR-180026 and
Dismiss with Prejudice all charges incident thereto.
CAUSE
9) Applicant is a resident of Fort Bend County living at 11706 Nobility Drive,
Stafford, Texas, 77477 thus in personam jurisdiction is satisfied. Jurisdictional
authority is under T.C.C.P. Article 11.09 (2010); Article 11.04 (2013).
10) By virtue of criminal Complaint/Information in Cause number 15-CCR-
180026 in Fort Bend County, Texas there has arisen applicable Bail Bond restraints
as well as numerous and continuing open court appearances which mandate lost
working days (Applicant recently laid off after 17 years because of taking too
much time off for courts). All of paragraph 10 restraints conclusively establish
injury to both Applicant's liberty interests and vested property rights which are
severely injured. U.S. Supreme Court declares money as property and 19¢ injury
states valid Claim.
11) Applicant complained of liberty restraint has been in effect since on or about
December 15, 2014 some 130 days of restraint with continuing effect has elapsed,
regardless of fact Applicant admonished the diverse judges, D.A., trial courts that
Applicant desired a fast and speedy trial on merits. Applicant has not yet been to
Page 3 of6
trial and the State Prosecutors have NO valid evidence to set before a jury beyond
that of mere speculation which cannot sustain a conviction. BARKER V. WINGO
_ S. Ct._ (1972); WEBBER V. STATE, 29 S.W.3d 226 (P.D.R. ref.) Tex. App.
Hou. (14th) 2000; T.C.C.P. Art. 38.03 and progeny.
12) Finally, Applicant's constitutional rights are essentially a federal question
and the instant Pleading is filed to exhaust state remedy at this point.
13) Applicant is supporting his legal claims herein with copy( s) of authentic
evidence via sworn, notarized Affidavit( s) and relevant Fort Bend County
documents.
14) Applicant has submitted herewith at Attachment A, B: State MOTION TO
DISMISS PROSECUTION in Fort Bend County, 434th Judicial District, Cause
Number 14-DCR-68010 and State INFORMATION in Cause Number 15-CCR-
180026.
15) Applicant has submitted herewith as EXHIBITS 2, 3, 4 the sworn, notarized
Affidavits of KAUSAR IRSHAD BAIG, at #2; ZAID IRSHAD BAIG , at #3;
IRSHAD ISMAIL BAIG, at #4
16) At paragraphs 3, 4, 5 ofKAUSAR's Affidavit there exists material facts of
fear that has coercion implications; irrebuttable declarations which is clearly
negative of State criminal statutes required mens rea criteria.
17) At paragraphs 3, 4, 5 of ZAID's Affidavit there exists material facts,
Page 4 of6
negative of State criminal statutes required mens rea criteria.
18) At paragraphs 4, 5, 6 ofiRSHAD's Affidavit there exists material fact
declaring negative impact upon State criminal statutes and specifically those
relating to a person's actions or omissions under severe duress as established by
sworn Affidavit ofKAUSAR IRSHAD BAIG, Exhibit 2 herewith.
19) A cursory review of all State evidence in this case even including its
companion cases should reveal the State's entire prosecution of Applicant here has
evolved from a woman under duress seeking only some kind of temporary
protective order at suggestion of a neighbor/friend when neither ever realized the
State (local) prosecutors could or would take more extreme action against her
entire family. Regardless, however, the status quo of the present State position is
frivolous at best. Please take note also of the Sworn Affidavits of Nolle Prosequi
on file with Fort Bend County Court and Prosecutors attached herewith, at
Attachments Aland A2.
PREMISES CONSIDERED:
20) Applicant respectfully moves the honorable Court to DISMISS with/without
Prejudice the State Information in Misdemeanor Cause number 15-CCR-180026.
So Moved and Prayed
(\ .,
)v7"
IRSHAD ISMAIL BAIG
Page 5 of6
ORDER
On the _ day of , 20 15 came on to be heard the Application for
WRIT OF HABEAS CORPUS under Texas Code Criminal Procedure, Article
11.09 (2014) and having given due consideration to same, including the evidence
submitted therewith, the Court is of the opinion the WRIT be
GRANTED/DENIED and on this same day the State Information is
DISMISSED/ALLOWED to proceed.
Date: - - - - - - -, 2015
Presiding Judge
Page 6 of6
No. 15-CCR-180026
County Court at Law No.3
Fort Bend County, Texas
)
STATE OF TEXAS ) IN THE COUNTY COURT AT LAW
) NO.3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
)
CERTIFICATE OF AUTHENTICITY
I, IRSHAD ISMAIL BAIG, Habeas Corpus Applicant in above styled,
numbered Cause of Action, hereby, herein swear upon oath under penalty of
perjury according to law that all EXIDBITS and ATTACHMENTS evidentiary in
scope, nature included with instant Certificate are true and correct photo copies of
the Original documents on file with Fort Bend County and District Clerk Offices in
Fort Bend County, Texas.
IRSHAD ISMAIL BAIG
Notary Public, in and for
Fort Bend County, Texas
NO. 14-DCV-219,272
IN THE MATTER OF § IN THE 328th DISTRICT COURT
KAUSAR BA·IG
APPLICANT § OF
AND
IRSHAD BAIG § FORT BEND COUNTY, TEXAS
RESPONDENT
. AND ON BEHALF OF
ZAID BAIG, AMAN BAIG, KABIR BAIG
MOTION TO DISMISS
COMES NOW, Tonika Davis, Assistant District Attorney of For~
Bend County, Texas, on behalf of Applicant and respectfully
requests this Court to Dismiss Without Prejudice, the above
entitled and numbered cause, which was instituted pursuant to
Chapter 71. of the Texas Family Code.
Respectfully submitted,
Chad Bridges
Fort Bend County
Asst. District Attorney
Attorney for Applicant
SBN: 00790369 .
~D~
Tonika Davis
Asst. Dist. Atty. Ft. Bend County
FILED Attorney for Applicant
SBN: 24080003
JAN 26 2015 ..~~ 301 Jackson $treet
AT 10- SS A.M. Richmond, TX 77469
(281) 341-4460
C:-rklfr~~C'!. TX
NO. 14-DCV-219,272
I~ THE MATTER OF § IN THE 328th DISTRICT COURT -
KAUSAR BAIG
...·. AP~LICilNT § OF
ANI)
.. . IRSHAD BAIG § FORT BEND COUNTY, TEXAS
'. ·.· ',RESPONDENT
. .. . . -
AND ON BEHALF OF
.·· .... ZA!D BAIG, .AMAN BAIG, KABIR BAIG
ORDER TO DISMISS
-·. ~
on . this -~-day of
. ·~~~~- ,th~ ,tl!¢~ipn pf the Assistant Attorney to :~:." -~~.··.· ~.
· .":_ . . . - -<: . .·... :_. :: ·:· .
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·'· ...
JAN 26 '1115 Jft'l.
AT· ·· >jO _- 'SS · k M. ·
. . Cflrl~~;~1X .·..
. _·, .. . :. . ·;·. .. . ;~ .· .
THE STATE OF TEXAS §
§ IN THE DISTRICf COURT OF
§
§ FORT BEND COUNTY, TEXAS
§
I lf-.3 4- TR JUDJCW. DISTRICf
Defaldant ..
MOTION TO DISMISS
il .
OD this tbc l 3 day of ·flpNIL ,
20 16 • the Sbde ofTcus. by IIJd dlrougb the
below·namcdAssistant DistrictAttomey, respectt\IUy nquesta the Court to DISMISS the above styled IDdllUIIIben:d crimiDa1
:;uin~chthedefeadantiscbqedwidltbeoffenseof ~ ~ Itt ~ ,fortbefollowing reasoa(s) to
The evidcDcc is iDsufticicut to prove tbis cue beyoad a RI8IOII8ble doubt;
lbe cte&iadaat was coe'ricted iD aaodler cue: Cause Numba(s):_ _ _ _ _ _ _ __
Tbe complliDiDa witDas n:questl ctiaqUsgJ; • .
Tbe cuc baa beeD Jefiled: Cause Number ~ fk..a 1 ULt FV
The defendant is uuppreheDded; .
The defendant is deceased;
Tbc dd\:udant bu beeD paoted jrmi!Wiily D tbe clefcadant"l testimony;
1bc defeDdaDI made fbll ratitutioa. iaeludiq fees IIJd Court COlli; or
Odaer, to wit:
Wherefore, it is prayed that the above cue be ctianjged with leave to rcfile,
RespectfiiOy submiUed,
~ L ·:::
Allistaat District Attomey
ORDER
__.._ to Dismiss is GRANTED on tbis -~--- day of
........Motion thlli...e
THE STATE OF TEXAS Ricba Kllmar
22.01 (a) (1)
13990031
vs
IRSBAD ISMAIL BAIG
D.O.B.: 1964 DA CONTROL NO: 14-011029
CHARGE: CAUSES BODILY INJURY FAMILY ARREST DATE: NA/SUMMONS
VIOLENCE
CAUSE NO: OFFENSE DATE: November 09, 2014
~ COURT AT LAW N0\3 AGENCY/ AGENCY NO:
DEPARTMENT/ 20145075477
MEADOWS PLACE POLICE
RELATED CASES: ASSAULT CAUSES BODILY INJURY CO-DEF:
FAMILY VIOLENCE
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
Before me, the undersigned Assistant District Attorney of Fort Bend
county, Texas, this day appeared the undersigned affiant, who under oath
says he. has good reason to believe and does believe that in Fort Bend
County, Texas, IRSBAD ISMAIL BAIG, hereafter styled the Defendant
heretofore on or about November 09, 2014, did .then and there
intentionally, knowingly, or recklessly cause bodily injury to Zaid Baig
by pushing him with Defendant's hand.
It is further presented that at the time of the offense alleged above Zaid
Baig was a member of the defendant's family or household or in a dating
,-
relationship with the defendant.
c.n
:Jao
""0
::0
(,.) r-
-u m
==
qJartment because
$be \\185 still very angry at my. father. . Several days later I was interviewed by Child Protective
Agency wo:dcers.
·· 3). I never did and still do not regard the argumentive language or actions ~fmy father :fi.sbad·or
m.Y mothef Kausar either provocative or offensive· to or toward my personal being; throughOut
· ·1he entire DlOIJth ofNovember 2014. . . .
4) I never witnessed any actual bodily ugmy of my mother Kausar or my own
pen;on during 1he .
: NovCIIlber 09,2014 argument~ my mo~ ~and filther lrsbad oVa: financial iSSues.
. Jlfei1her was I involved in or aware of any o1her: such arguments during the year of2014~ · ··
. .
· . ..·· 5) On or about. November 20, 2014 both my mother Kausar and m;yself (.Zaid) wen,qUestioiied :·
. : ·.,by c.P.S. ()6icer ENRICO FERNANDO ~which time my statements were pUt on tape · :. ·
..·~- Ai that time I specifically declared "I am not scaled or afraid of my fidher Irsbad". and ·
1
"I acted to intervene.. (idem sonan) (para. 1 supra.) with my father Irsbad at, during the time of
argurilent the State's erroneous prosecution of my father is preSently based upon.
6) Based upon my own personal experience, in this subject matter under Cause No. 14-DCR-
068010, I can see no rational cause for my father lrshad to be put in jail or the tumultuous pain
caused in my family during separation because of a "protective order" subsequently dismiSsed by
· Judge Ronald R. . . I suffered no personal injury or offense at the hand of my father
Irshad Baig at any time incident to State ofTexas Cause Number 14-DCR-068010.
Fmtb.er Affiant sayeth not.
ZAIDBAIG
· Sworn To and Subscribed
· Before me on this /61ft day
· of February, 2015.AD.
Date: ,,.oz..•""
2
No. 14-DCR-068010 .
)
STATE OF TEXAS )
)
v. ) BEFQRE THE 434TH DISTRICT
) COURT OF FORT BEND COUNTY,
IRSHAD ISMAIL BAIG, _) TEXAS
)
Defendant, Pro Se
~ ":!
-) ~ .
' )
)
SWORN AFFIDAVIT
,
I, IRSHAD ISMAIL BAIG, hereby, ~in swear upon oath under penalty of perjury according '
to law that the following declarations, averments, statements of fact, paragraphs 1 thru 6 are true
and correct being based upon my own personal knowledge and experience.
1) I am the named Defen~ in Cause No. 14-DCR-068010 arising out ofFort Bend County,
Texas. ·
2) I am proceeding pro-se in my own defense in said (para. 1 Cause Number,) being fully aware
of the possible pitfiills, dangers of such representation, as well as being aware of my State of
Texas and United States (federal) rights to defend myself personally.
3) · I have a sound, secure belief based upon reasoned study of applicable law that I have also
· . filed numeroUs Other pro-se pleadings material and relevant to the disposition of all substantive
due process of law issUes, questions arising out of the proceedings in Cause sub judice.
·. 4). • I have a sound, secure belief based upon a reasoned study of applicable case law authority,
both state and federa4 that there is either no substantive evidence or only a scintilla of evidence
eXisting that can objectively support the State of Texas felony charges I am on trial for in Cause
sub judice.
5) I formally declare, aver and propose that any fwther prosecution of Fort Bend County Gause
Number 14-DCR-068010 based upon presently non-existing evidence would be an abuse of
·Texas taxpayer funds. However, I do not have authority to remedy.
6) I further declare that at anytime incident to the substantive questions in Fort Bend County
Cause Number 14-DCR-068010, I do not recall ever verbally or physically abusing or injuring
any member of my family and specifically not my son ZAID nor my wife KAUSAR.
1
Further Affiant sayeth not.
IRSHAD ISMAIL BAIG
Date:
AMIN M MEERZA
My Commission Expires
June 1. 2016
· ...... .
2
\ A11AWM~t.J-r ____ A1.j
I
ORIGINAL tfe~~:s/ yl'\'
in the f('f\"'\~ records.
., No.15-CCR-180026 Copies NOcompared.
County Court at Law No. 3 ~URA RIG:f, County ClarK
Fort Bend County, Texas
)
STATE OF TEXAS )
)
B~~~'IJGa
c~~lr3
v. )
) FO~~'{ () \ 1\\\~
IRSHAD ISMAIL BAIG, ) £('$Off\C~
) "''t1 ~:no\\~
Defendant, Pro Se ) FORT B~ COUNfY, TEXAS
)
)
AFFIDAVIT OF NOLLE PROSEQUI
I, ZAID IRHSAD BAIG, hereby and herein swear upon oath, under the penalty of perjury
according to law that the following declarations, averments, statements of fact paragraphs 1 thru
5 are true, correct being based upon my personal knowledge and experience. ·
1) I was born December. 1999 in the United States and am a natural citizen thereof. I
presently reside at 11706 Nobility Drive in Stafford. Texas 774 77 and my present telephone
number is 281-658-2640.
2) I am the alleged Complainant in the above styled, numbered Cause of action due to erroneous
state
action(s) of Fort Bend County Officials. At no time whatsoever did I ever ask, request,
seek or desire to file any type of legal action against my natural father Irshad Ismail Baig
during the year 2014 and to date.
3) I was present, on the scene witness to all confrontation episodes over financial issues
between my Mother Kausar Baig and Father Irshad Baig during November 2014 and at no
time was there any actual, physical or emotional injury suffered by my own person as a result
of Irshad Ismail Baig's actions or omission of action..
4) On or about November 20, 2014 both my mother Kausar and myself were questioned by
State C.P.S. officer Enrico Fernando during which time my statements were tape recorded. At
those times I specifically declared "I am not scared or afraid of my father Irshad."
5) Based upon my own personal experience in the subject matter under Cause No.180026 I
cannot see any rational cause for my father Irshad to be prosecuted for something he simply
did not do. Furthermore, it is repulsive to my mind to witness a State Agency twist facts
around to make appearances that simply do not exist, such as the charged Information saying
"did then and there intentionally, knowingly, or recklessly cause bodily injury to Zaid Baig
,.
by pushing him with defendants hand." I hereby specifically declare nobody, including Irshad
Ismail Baig, ever ca~ me any bodily injury as fraudulently expressed and charged by State
officials in Cause No. 180026 supra.
Sworn to and Subscribed
Before me on this 3~y
of April 2015 ZAIDBAIG
Date: oolj_ 5o-;- 2015
-. ' ..
····--.~-~-~-
~
AMIN M MEERZA
My Commission Expires
June 1. 2016
'v
No. 14-CCR-177950
County Court at Law No. 3
Fort Bend County, Texas
)
STATE OF TEXAS ) IN THE COUNTY COURT AT LAW
. ) N0.3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
)
AFFIDAVIT OF NOLLE PROSEQUI
I, KAUSAR IRSHAD BAIG, do solemnly swear, aver, declare upon oath, under penalty of
peljury, according to law that the following two paragraphs are true and correct based upon my
own personal knowledge and experience.
1) The only reason I ever signed any type paper work or document related to Fort Bend County,
Texas Misdemeanor Cause Number 14-CCR-177950 was because I was placed in serious fear of
losing parental custody over my children due to open threat by State of Texas employees
interviewing and questioning me about a family incident.
2) I do not intend to prosecute, neither will I participate in any future court or State sponsored
activity related to Fort Bend County, Texas Cause Number 14-CCR-177950.
Further Affiant sayeth not.
RECEIVED
IRSHADBAIG
APR 20 2015 11706 Nobility Drive
Stafford, TX 774 77
DISTRICT ATTORNEY'S OFFICE , Phone: +1 281 6582640
COPY
·' ORIGINAL filed on J.;f - o. o - J s
in the m r $ ct records.
Copies NOT compared.
LAURA RICHARD, County Clerk
·.. ~ . ·i (.) Bv ct?J ·
35615515
1 1 1 1 1 1 1 1 1 1~1 1 1 1 1 1 1 ~ ~I No. 15-CCR-180026
County Court at Law No. 3
Fort Bend County, Texas
)
STATE OF TEXAS ) BEFORE THE COUNTY
) COURT AT LAW NO.3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
)
AFFIDAVIT OF NOLLE PROSEQUI
I, ZAID IRHSAD BAIG, hereby and herein swear upon oath, under the penalty of perjury
according to law that the following declarations, averments, statements of fact paragraphs 1 thru
5 are true, correct being based upon my personal knowledge and experience. ·
1) I was born December 24, 1999 in the United States and am a natural citizen thereof. I
presently reside at 11706 Nobility Drive in Stafford, Texas 77477 and my present telephone
number is 281-658-2640.
2) I am the alleged Complainant in the above styled, numbered Cause of action due to erroneous
state action(s) of Fort Bend County Officials. At no time whatsoever did I ever ask, request,
seek or desire to file any type of legal action against my natural father Irshad Ismail Baig
during the year 2014 and to date.
3) I was present, on the scene witness to all confrontation episodes over financial issues
between my Mother Kausar Baig and Father lrshad Baig during November 2014 and at no
time was there any actual, physical or emotional injury suffered by my own person as a result
of Irshad Ismail Baig 's actions or omission of action. .
4) On or about November 20, 2014 both my mother Kausar and myself were questioned by
State C.P.S. officer Enrico Fernando during which time my statements were tape recorded. At
those times I specifically declared "I am not scared or afraid of my father lrshad."
5) Based upon my own personal experience in the subject matter under Cause No.l80026 I
cannot see any rational cause for my father Irshad to be prosecuted for something he simply
did not do. Furthermore, it is repulsive to my mind to witness a State Agency twist facts
around to make appearances that simply do not exist, such as the charged Information saying
"did then and there intentionally, knowingly, or recklessly cause bodily injury to Zaid Baig
by pushing him with defendants hand." I hereby specifically declare nobody, including Irshad
Ismail Baig, ever caused me any bodily injury as fraudulently expressed and charged by State
officials in Cause No. 180026 supra.
Sworn to and Subscribed
Before me on this 3D~ay
of April 2015 ZAID BAIG
~blic
Fort Bend County, Texas
Date: (}' LJ- j () ·-;- 2015
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15- CCR -180026
MOTI
Motion (No Fee)
No. 15-CCR-180026
County Court at Law No.3
illlllllllllll\111
Fort Bend County, Texas
)
STATE OF TEXAS ) BEFORE THE COUNTY
) COURT AT LAW NO. 3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
)
DEFENDANT PROSE MOTION TO HOLD ALL PROCEEDINGS IN ABEYANCE
UNDER INSTANT CAUSE NUMBER 180026 PENDING DISPOSITION OF
ARTICLE 11.09 T.C.C.P (2010) HABEAS CORPUS ACTION NOW BEFORE THE
TEXAS COURT OF CRIMINAL APPEALS IN AUSTIN, TEXAS
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now, IRSHAD ISMAIL BAIG, your Defendant pro se in Cause sub judice and
respectfully moves the Court to place all process in judicial abeyance on the instant Cause of
action pending final subject matter disposition by the Texas Court of Criminal Appeals. It is
well established law that two different courts of the same sovereign authority may not
entertain subject matter jurisdiction at the same time frame.
Case Facts
1) On or aboutAprill3, 2015, the 434th District Court ofFort Bend County, Texas
dismissed prosecution under Cause Number 068010 at State prosecutor request.-
However, on the same day, the same prosecutor re-filed the former charges relying on
same facts, subject matter in County Court at Law No. 03. Once ,a criminal case is
dismissed by proper judicial authority it is deemed by judiciary that the case never
existed. The new Cause Number became 15-CCR-180026.
2) On or about May 10,2015, Defendant filed his prose Application for Writ ofHabeas
Corpus, Article 11.09 (pre-trial habeas action) in the Texas Court of Criminal
Appeals. See: EXHIBIT "A" attached hereto, at paragraphs 11, 13 page 4 thereof, also
paragraph 16, page 4.
PREMISES CONSIDERED:
3) Your Defendant prose respectfully submits to the Honorable Judge here that significant
substantive evidence and due process of law legal claims are timely, appropriately before
the Texas Court of Criminal Appeals that warrant complete dismissal of all fact related
criminal charges arising out of Fort Bend County against Defendant
4) Because the higher court has total habeas corpus pre-trial jurisdictio~ over subject matter
in Cause subjudice, the instant court is mandated to GRANT Defendant's instant pleading
and enter appropriate notice of ABEYANCE onto the Court's docket sheet, thereafter
directing the Court's Clerk to timely notify all interested party(s) hereto.
Respectfully Submitted;
(\~y
-~
_ _ _ _ ,2015 IRSHAD ISMAIL BAIG
MOTION GRANTED/DENIED
PRESIDING JUDGE
No.lS-CCR-180026
County Court at Law No.3
Fort Bend County, Texas
)
STATE OF TEXAS ) BEFORE THE COUNTY
) COURT AT LAW NO.3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
)
CERTIFICATE OF SERVICE
I, Irshad Ismail Baig, hereby certify I have personally hand delivered true, accurate
copy of foregoing PRO SE MOTION TO HOLD ALL PROCEEDINGS IN ABEYANCE to
the District Attorney Office of Fort Bend County, Texas
\s:- A
:?o Jljt-)~ '2015
Irshad Ismail Baig
·n
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:.•·
No. 15-CCR- 180026 -
-l~DCR- 868810 ·
County Court at Law No. 3
Fort Bend County, Texas
)
STATE OF TEXAS ) IN THE COUNlY COURT AT LAW
) N0.3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
APPLICATION FOR WRIT OF HABEAS CORPUS
(T.C.C.P. ARTICLE 11.09; 11.04)
Applicant: IRSHAD ISMAIL BAIG
Date ofBirth: April 07, 19~
STATEMENT OF CASE
1) On or about November 18, 2014, Kausar Baig, wife of Applicant herein,
made a criminal Complaint with Meadows Police Department of Fort Bend
County, Texas implying family violence may have occurred.
2) A judicial Protection Order was applied for by C.P.S. (Child Protection
Service) and was summarily granted, temporarily prohibiting Applicant from
associating with or contactirig his immediate family in Cause number 14-DCV-
219, 272 on or about December 01, 2014. Earlier, on or about~~~VtEJ}
. _ · MAY 13 2015
14th, 2014, after C.P.S. officers had interviewed my wife, she was threatened m the
DISTRICT AnORNEY'S OFFICE
Page 1 of6
.• ... e·
. ..
following manner ''If you do not sign an Affidavit against your husband, today we
will take official custody against your three children and put them in a State
Home."
3) After the Protective Order was granted, the state of Texas as well as the
County of Fort Bend, Texas elected to file and prosecute subsequent felony and
misdemeanor charges against Applicant under Cause Numbers 14-0CR-6801 0
(felony) and under 14-CCR-177950, December 2014, January 2015.
4) On or about January 26, 2015, the state ofTexas moved to Dismiss the
protective Order and Court granted same. See: Attachment 1.
5) On or abotitApril13, 2015, the state ofTexas moved to Dismiss felony
prosecution in Cause Number 14-DCR-68010 tore-file same as Misdemeanor in
Cause Number 15-CCR-180026, subjudice.
6) Applicant is now before the Court seeking habeas corpus relief from what he
perceives to be unwarranted judicial harassment and blatant abuse of tax payer
funds.
LEGAL CLAIM
7) Applicant is presently restrained of his liberty and property interests in Fort
Bend County, Texas under color of State of Texas law in manner contrary to and
inconsistent with the Constitution and law of the United States of America and
specifically the FOUR1H, FIFTH, SIXTII, and FOURTEENTH Amendments
Page 2 of6
. ••.-. , ..••. ,, ·-····· •. ,•-_,.. ·'····· 1• . ~---· •<•;., --·~-.: •. :.--.~1<>~.-
thereto.
8) Applicant herein urges the writ of Habeas Corpus to issue forth against Fort
Bend County Misdemeanor Complaint/Information number 15-CCR-180026 and
Dismiss with Prejudice all charges incident thereto.
CAUSE
9) Applicant is a resident of Fort Bend County living at 11706 Nobility Drive,
Stafford, Texas, 77477 thus in personam jurisdiction is satisfied. Jurisdictional
authority is under T.C.C.P. Article 11.09 (2010); Article 11.04 (2013).
10) By virtue of criminal Complaint/Information in Cause number 15-CCR-
180026 in Fort Bend County, Texas there has arisen applicable Bail Bond restraints
as well as numerous and continuing open court appearances which mandate lost
working days (Applicant recently laid off after 17 years because of taking too
much time off for courts). All of paragraph 10 restraints conclusively establish
injury to both Applicant's liberty interests and vested property rights which are
severely injured. U.S. Supreme Court declares money as property and 19¢ injury
states valid Claim.
11) Applicant complained of liberty restraint has been in effect since on or about
December 15,2014 some 130 days of restraint with continuing effect has elapsed,
regardless of fact Applicant admonished the diverse judges, D.A., trial courts that
Applicant desired a fast and speedy trial on merits. Applicant has not yet been to
Page 3 of6
'.
trial and the State Prosecutors have NO valid evidence to set before a jury beyond ·
that of mere speculation which cannot sustain a conviction. BARKER V. WINGO
_ S. Ct._ (1972); WEBBER V. STATE, 29 S.W.3d 226 (P.D.R ref.) Tex. App.
Hou. (14th) 2000; T.C.C.P. Art. 38.03 and progeny.
12) Finally, Applicanfs constitutional rights are essentially a federal question
and the instant Pleading is filed to exhaust state remedy at this point.
13) Applicant is supporting his legal claims herein with copy(s) of authentic
evidence via sworn, notarizedAffidavit(s) and relevant Fort Bend County
documents.
14) Applicant has submitted herewith at Attachment A, B: State MOTION TO
DISMISS PROSECUTION in Fort Bend County, 434th Judicial District, Cause
Number 14-DCR-68010 and State INFORMATION in Cause Number 15-CCR-
180026.
15) Applicant has submitted herewith as E~ITS 2, 3, 4 the sworn, notarized
Affidavits of KAUSAR IRSHAD BAIG, at #2; ZAID IRSHAD BAIG , at #3;
IRSHAD ISMAIL BAIG, at #4
16) At paragraphs 3, 4, 5 ofKAUSAR's Affidavit there exists material facts of
fear that has coercion implications; irrebuttable declarations which is clearly
negative of State criminal statutes required mens rea criteria.
17) At paragraphs 3, 4, 5 of ZAID's Affidavit there exists material facts,
Page 4 of6
negative of State criminal statutes required mens rea criteria
18) At paragraphs 4, 5, 6 ofiRSHAD's Affidavit there exists .material fact
declaring negative impact upon State criminal statutes and specifically those
relating to a person's actions or omissions under·severe duress as established by
sworn Affidavit ofKAUSAR IRSHAD BAIG, Exhibit 2 herewith.
19) A cursory review of all State evidence in this case even including its
companion cases should reveal the State's entire prosecution of Applicant here has
evolved from a woman under duress seeking only some kind of temporary
protective order at suggestion of a neighbor/friend when neither ever realized the
State (local) prosecutors_ could or would take more extreme action against her
entire family. Regardless, however, the status quo of the present State position is
frivolous at best. Please take note also of the Sworn Affidavits of Nolle Prosequi
on file with Fort Bend County Court and Prosecutors attached herewith, at
Attachments Aland A2.
PREMISES CONSIDERED:
20) Applicant respectfully moves the honorable Court to DISMISS with/without
Prejudice the State Information in Misdemeanor Cause number 15-CCR-180026.
So Moved and Prayed
IRSHAD ISMAIL BAIG
Page5of6
·e .!
ORDER
On the _day of , 2015 came on to be heard the Application for
WRIT OF HABEAS CORPUS under Texas Code Crimina] Procedure, Article
11.09 (2014) and having given due consideration to same, including the evidence
submitted therewith, the Court is of the opinion the WRIT be
GRANTED/DENIED and on this same day the State Information is·
DISMISSED/ALLOWED to proceed.
Date: _ _ _ _ _----7 2015
Presiding Judge
Page6of6
No.lS-CCR-180026
County ·court at Law No. 3
Fort Bend County, Texas
)
STATE OF TEXAS ) IN THE COUNTY COURT AT LAW
) N0.3
v. )
) ·FOR
· IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
)
CERTIFICATE OF AUTHENTICITY
I, IRSHAD ISMAIL BAIG, Habeas Corpus Applicant in above styled,
numbered Cause of Action, hereby, herein swear upon oath under penalty of
perjury according to law that ·all EXHIBITS and ATTACHMENTS evidentiary in
scope, nature iticluded with instant Certificate are true and correct photo copies of
the Original documents on file with Fort Bend County and District Clerk Offices in
Fort Bend County, Texas.
iRsHAD ISMAIL BAIG
11706 Nobility Drive, Staffoid, Texas 77477
.~fl'Y-~-'I:-: ·-- . ·-'
Notary Public, in and for: AMIN M MEERZA
My Commission Expires
June 1, 2016
.... ... ' .....-...• ~ " . ·..•.. ,.. '. .... '···· ..:• ·, ...·" .. -~.. "'· . ' ...
I I 1] ,I ljf I j ,
NO. 14-DCV-219,272 : : ; ; i J:i· 1
: ,,
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IN THE MATTER OF § IN THE 328th DISTRICT COURT
KAUSAR 81.IG
APPLICANT § OF
AND
IRSHAD BAIG § FORT BEND COUNTY I TEXAS
RBSPONDBNT
. AND ON BEHALF OF
ZAID BAIG I AMAN BAIG I KABIR BAIG
MOTION TO DISMISS
COMES NOW, Tonika Davis, Assistant District Attorney.of Port
Bend County, Texas, on behalf of Applicant and respectfully
requests this Court to Dismiss Without Prejudice, the above
entitled and numbered cause, which was instituted pursuant to
Chapter 71. of the Texas Family Code.
Respectfully submitted,
Chad Bridges
Fort Bend County
Asst. District Attorney
Attorney for Applicant
SBN: 00790369 .
~J:):i)L4u£)
Tonika Davis
Asst. Dist. Atty. Ft. Bend County
FILED Attorney for Applicant
SBN: 24080003
JAN 2&2015 .l~ 301 Jackson Street
Ar~··ss A·u. Richmond, TX 77469
(281) 341-4460
ClltUIII.tt'l::C. TX
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MOTION TO DISMISS
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VXOLEN'CE
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
Before me, the undersigned Assistant District .. Attorney of Fort Bend
County, Texas, this day appeared the Un.dersign.ed affiant, who under oath
says he has good reason to ._believe and does believe that in Fort Bend
County, Texas, msBAD X.SMJKU. BAXG, hereafter styled. the Defendant
heretofore on or about N~ · 0.9, 2014, did then and there
intentionally, knowingly, or recklessly cause bodily injury to Zaid Baig
by pushing him with Defendant's hand.
It is further presented that at the time of the offense alleged above zaid
Baig was a member of the defendant's family or household or in a (i(lting
relationship with the defendant.
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STATB OF TEXAS )
)
v. > BEFORE ~43418 DISnUcr
) cot1kr OF FORT BEND CO~
IRSHAD ~BAIG, ) TEXAS
·~ )
. Def-'ant, Pro Sc ~) •e
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. ·I. icAusAR JRSHAD BAIG, haebj, ha:ein swe&rJUPCBl oath uadt:l' pe:uaJ:ty ofpeajury accou1iug }-- !.
.· /1DJawthat6efbJJowiasdedazationss avwnecds, Sl(llteiiWdsof fad,pamgaBjokldJmS 81e1rue ..
.·.. · 8iKi ~being based upon my own pemaud koowledge aod.apc:rience. ·
...
'1) lwas born August•
tm aDd prC!ICidly :remde at 11706 Nobility Drive in~ Texas.';...
T/477 aDd my 1f!1cphnne mmberis 281-658-2640. Oa.Ol' about'Nowmber 09, 2014 at &bow ·
. ;;'iesidmee my busbalwJJ:mhad.Jsmail ~ aod I had a mism..Jo•••...tmc; cfisa&recme:ut lf'881ting ·
. ·.-.., in &serious acaoum ccmcanina our finanr.JaJ position . ·
· :.. 2).. ·Aldlougb. at die sugesticm aDd ~·.-e ofmy fi.iead: I was 1Bkm to a Di:at,by poJlce Sbdion .
whtft J. sigDed some fiJrm of Complaint 9inst my Jmsban:d, I~ too :oea:vous to read the
· ~·· 0Rnp•iol so I maely siped at & pJace I was 1Dld 10 sip by policeman
. . l) Days Jater. on or about November~ 2014, I was qnestioned by c.P.S.::w.f irdic•ned tbat~
· c:h,iJdral c:ouJd be~ away from me by 1he S1Bte ofTexas ifl mtbsed to sip papcm mr ~-
..·:"PioCective Otdm:." I.Joobd at the papas aod sipecl than for fear oflosiDg my cbi1dn'liL. I .
.w.- rea41hose pap(D either. . . ..r:i. . .
. ,/
.4) .My dlildleD a
my 1ifC aod if1hey wae 1akal away from me, I could~ 1M. I believe Mr.
·.Emico Fernando was G:Je of'the officers who 1aibd to me. 1'he S181e c:mplo;ees who 1aJbd wi1h
me.'WaeverJ Dice but'Wbal it~ the S.1BkiDgmy cbikkeD, I heml&Dd ~
. very c1eady aDd 1herc was nobody dJ8t could qoit:t 1hat tra•MW''*NJS fear in~ heart.
·..,._d
S) I~ sufti::&d.aay actual offeasive. }imvocative or painfbl pJJ:,sical il:jmies fi:om my
llshad Jslil8il Baig at any time dmiDg the~ dales. p1aces incideat as a basis 10r
.· ·... Stale ~.arising out ofFort BeDel County, Texas.
1
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Further .Affi.aDt sayeth not.
Sworn To and Subscribed
Before me on 1his ~day
·ofF~ 2015 A.D.
Date:·o~l \b \2-0\ ~ ·
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· :·_-_::,tbQ-~dedanidons,avaowds,stataa!C?•'sc(&ct,paragraphs 111Jro.6am1rueml4conect :
.· · ·..·. -~~ upalllDJOWDpal"lll ~&Ddexpa:ieace..
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.. ·, _'·:l) I_Wiis bam~·1999 aad~esL:atly ~~ 11706Nobiliiy Jlriveia~
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aud my~ 1JP!Dber 281--658-2640. 0B: or ilboutNovemhcr09, 2014 ·-
_..J.eSidenc:e my11Bf11Dtl I:rihad_&lb&!:t aad h. about · ·
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'J'anpr~wae..... ·. · : .'
_. · · ~·.: ....;~.1~ IwaspcDJtwidliban•1bc1imeaadli"JJf"hedoveraail~.a.f :- ·. ·. ·
. · . · · _--.~· ~-ja, •i•••q,t1o voice my own-opiuionon1be subjects ~Wale m....-.....Mf...... · :. ·
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. , · . . :2l· )q JIMIIfher :g.,... SPbeeqlw*'ty aabd a friald 1D 1ab her to 1he Polk:e ~lmtiut-ieamae
. • was.sliD very 8Df1'1 at my_falhl:r.·. Sewiral daJs later I was~ by Cbild Protective
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. . : 3)) aever'ciidaad still do DOtn:pnl1he•llgUilwdive langpaae ~dons ~my ~:*·or_.·.
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. .
4) . I~ wit•M md any actual bodily~ ofmyJIIOdla- TC~ or my cnmpeacm~dJe ..
·: ~-09,2014mawatent1M~mmy~K~aad~lrsbado¥rzfinauQati8ies.
_Neiibriw&S
. •. . .
IimOived in or aw~i~e ofmy~ such. aqpaneiits cludDg the,_. of2014~ · · · ..
. : . . .
. .·._: ..:·:5): Oa'!'f.,_NOft.lllbez20,2014bothmyJDOti.rKansaraod~ ~~~ ::
·. : ·:··J;,y·c.P~~ENRICO FERNANDO ~which tii:Bmy slatHaods."wiDpit'oo.-.·_- -... · ..
. .-~ .Ai 1hat1ime 1 speci&a1ly decJmed "1: am DOt scai'ed or 8fiaid ofmy~ Iailar.a.- · ' ·
. ·.. . ... ·. -~ ··~. . . .. . . . . •. . . . . .\ •. . . • ·<·. .....
. ....
1
.
. . ~.
"1 acted to imerveoe" (idem sonan) (para. 1 supra.) with my father Irsbad ~during the time 'Of •
argmDent tbe Stare's erroneous prosecution of my father is pteSeutiy based upm. . . . .
. 6) Based upon my own personal experi~ in this subject matter under Cause No. 14-pcR~
()68010, I can see no rational cause for my father Irsbad to be put in jail or tbe tum~ pain · ·
, ·cause4 in my family during separation because of a "protccti~ Older" subsequcmly dismiSsed. by
·. Judge ~d R. . •· I suffeted DO personal injury or o1fense at 1he hand of my fidher
· lrsbad Baig at any time~ to State ofTexas Cause Number 14-0CR-068010.
. .Further Affiant sayeth not.
.. I .
ZAIDBAIG
· : ··.sWorn To aod Subscn"bed
.·..Before me on thiS {&/Ia day
· ofFetiruary, 2015.AJ>.
...
2
• No.14-DCR..eA810
. )
· · STATE OF TEXAS )
)
..v. ) BEFQRB mE 434'01 DISTRICT
. . \ . ) ~OFFORI'BEND~
. .IRSHAD ISMAil;BAIQ
.• . ,- -) TEXAS
•) "·
-)
J.i )
..)
....
SWORNAD'JDAVIT
·. · J:'~~BAIG,Iaebyr~swe&rvponoaih ~paiahy ofpajury accordiDg .'[
.' w.tinlf.dad'6ie;1bllowDw clor;lealioas, an:piMjdS; slldo••ds offact, paragmpbs 1 thm 6 are true
. . alalConect beiDg based upaD my own peaoaaJ kDow1edge aod axperieDce
· · 1).>'-{• tbe Daaecl ~in Causc,"No. 14--:pcR.-068010 arising out ofFoit ileud·Coum:y,
. -~::-. . .
.•.
.
:
.2)·' ·1 ~.~po-se in my own defeDse in said (pa:a. 1 Cause Nnmbel;) being fbDy aw&Ee ·
.•-..po91P"bli1'Jiid8Ds. ..,.sofsaducpc&adaliDD, as wdl·as be:iog awmeofmy Stale of
.. ~·aDd United s.a.s (fiedera)} rlibls 1D detead mySelfpasooally. .
. . . ·]):·I~ a SOUDd, secum Wbased ~ JJCamnrd SIDdy of appJirable Jaw1hat.J have also
. :' filed....a.oiis Olhrrpm-sie pin rtmgs,...,. aDd ICievaad: to 1be ~ofan substatdive
.· ~ ~-oflawissUes, qur:sdoDs arising out ofthe. proceedinp in Qmse ~judice.
· . ': :·4) ::; .I~ a..-ad. &ec;1lie Wbased upon aKBsonecl study of appJirable case law autholey,
. ~ . . . . . . fedrnl,.1bat tbeae is ~DO subsfa..tiYe mdeace or only a sciublla of evideDce
eciafinitbat ciill~ suppm;t1be SUB ofTexas felony chalgesl am on trial·for in Cause
sUbjudice. .
S) · ·lfutmaJlY cJecl1n; avec aad popose that 8J1'f :&ulhet ~ ofFort Bead CoUDty Q1use
~ 14-IX!R:-068010 based upoa prwc::ad:y DOil-CZisdDg evideDce would be an abuse of
·T~·Iiuqayer fbads. BowCver; I do~ have jpcfla;u ity 1D tanedy.
· .. 6) •. I tbdher~~ ataai}time incidemtto 1htSubstacdjve ~in Fort Bend County
.·Oiase Numhe:a-14-DCll-068010, I~ DOt recall~ 'Vabally or physicaJly abusing or i:ojurlDg
.any fneiudi« ofmy family aod spedficaUy Dot my sanZAID nor my wife KAUSAR.
: .
1
- •• • •••• .,.,_., .. - " · · · - • • • • • •·- ••---.~~-· ··.·-~---' ·-~--. • •• • •• <" ~---
·FUI1br:r AffiaDt sayeth ~.
·,.~y
,/
•;'.'
IRSHAD ISMAIL BAIG
Date:
.- - - -.;... . -.r.:· .~- . . .
AlliN MMEERlA
lly CommiSSion ExPir8S
June 1; 2018
··. ' ..
..
, -~::
.. ·..
2
•'· ···~'·•·· •"•'-.~ ~ , ......... ·~ ••. ' .~ ···• . ••~.·••• ·~·:.•----· t· ··""···•···. ~- •••. ,.·, ·~,.-...·r.. :,· ~ .• ,.~ ;l,., :.
~--
a,.
·-.
.. ~
·T.'.
•
.1""1'"k~a\J,. Ar\ '
coP:S ~
ORIGINAL filed on "" 'y\:;
(
No. 15-CCR-180026
in the fr\)ta1.
records.
Copies NO · compared.
County Court at Law No. 3
Fort Bend County, Teus
':RA RIL:f, County Clerk
STATE OF TEXAS
V.
IRSHAD ISMAIL BAIG,
Defendant, Pro Se
AllFJJ)AVIT OF NffiJ.E PROSEOm
I, UID IRBSAP BAIG. hereby and herein swear upon oath, under the penalty of perjury
accordiilg to law that the following declarBtions, averments, stateDients of fact paragraphs l tbru
5 are 1n1e, conect being based upon my personal knowiedge and experience. ·
1) I was bomDece.mberiB 1999 in the United Statesandamaniltural citizen thereot: I
~Y ~de at 11706 Nobility Drive in Stafford, Texas 71477 and my present telephone
number is 281-658-2640.
2) I ·am the alleged Complainant in the above styled, numbered Cause of action due to erroneous
state action(s) of Fort Bend CoUDty Offici8Js. At no time whatsoever did I ever~ request,
seek ·or deSire to file any type of legal action against my natural father Irshad Ismail Baig
during the year 2014 and to date.
3) I was present, on the scenewi1Dess to all confrontation episodes over financial issues
between my Mother Kausar Baig and ~ather Irsbad Baig during November2014 and at no
time was there any actual, physi'* or emotional iDjmy suffered by my own person as a result
oflrshad Ismail Baig's actions or omission of action. ·
4) On or about November 20, 2014 both my mother Kausar and myself were questioned by
S1ate C.P.S. officer Enrico Fernando duriDg which time my stateinents were tape recorded. At
those 1imes I specifically declared "I am not scared or afraid of my fatber Jrsbad."
-
5) Based upon my own personal experience in the subject matter under C8use No.180026 I
cannot see any rational cause for my father lrsbad to be .prosecuted for something he simply
did not do. FurthermOre, it is repulsive to my mind to wimess a State Agency twist filets
around to make appearances that simply do not exist, such as the charged Information saying
· "did then and 1he.te intentionally, knowingly, or recklessly guse bodily inlm tO Zaid Baic
.·.,.•,..,,,t·· ···-·.•~... _ ...•. :-..;:1:"'·'-"... ·~·· -.·:'' ..... -...,,.,,, •• , , ··.·:~ •• :~··'""·:.····~; ...·, :, .. ·.·~.-.:. ·' , •••·-:··: .. ·.: •. ·.:.'.·.:....~
.. ... .
by pushing him with defendants hand." I hereby specifically declare nobody, including hsbad
Ismail Baig. ever~ me any bodily injmy as fraudulently expressed·and charged by State
· officials in Cause No. 180026 supra. ·
Sworn to and Subscn~
Before me on this l~y ~·~ .
of Apri12015 · ZAIDBAIG
Date:
AMIN M.MEERZA
My Commission Expires
June 1; 2016
' '
No. 14-CCR-177950
Coaaty Court at Law No. 3
Fort Bead County, Taas ·
)
STATE OF TEXAS ) IN 1HE COUNTY COURT AT LAW
) N0.3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
.Defendant. Pro Se ) FORT BEND COUNTY, TEXAS
)
)
AF'J'IDAVIT OJi' NOLLE PROSEQUI
I, KAUSAR IRSHAD BAIG. do solemnly swear, aver, declare upon oath, under penalty of
peajury, apcOrding to Jaw that the .following two par&&nlphs are true and correct based upon my
own perscmal knowledge and experience.
1) Tbe only reason I ever signed any type paper work or documeDt related to Fort Bend County,
Texas Misdemeanor Cause Number 14-CCR-177950 was because I was placed in serious fear of
losing parental custody over my children due to open threat by State of Texas employees
intervi~ and questioniDg me about a fiunily incident.
2) I do not intend to prosecUte, neither will I participate in any future comt or State sponsored
activity related .to Fort Bend County, Texas Cause Number 14-CCR-177950.
Further Affiant sayeth not.
RECEIVED
KA IRSHAD BAIG
APR 20 2015 11706 Nobility Drive
Stafford, TX 77477
DISTRJCT ATTDRNEY'S OFFICE Phone: +1 281 6582640
I • ·,I I . COPY
.
•'
I
'I ORIGINAL filed on ~ - ao - J5
.:.- .;J·· in the ro (a a records•.
·Copies NOT compared'! .
LAURA R~R~ COunty Clerk
By. . .
~ - • •• . ... . ••. ~- ... ,-,'1.), • • •
n-... J... \\.1
,_ '
15-CCR-180026
MOTI
Motion (No Fee)
3680737
No. 15-CCR-180026
County Court at Law No. 3 Ill Ill
Fort Bend County, Texas
)
) BEFORE THE COUNTY
) COURT AT LAW NO. 3
)
) FOR
)
)
) FORT BEND COUNTY, TEXAS
)
)
setting forth the Court reasons for not grant
Corpus relief prior to actual jury trial on subject
CAUSE:
1) On or about May 13,2015 Defendant filed his p
Corpus Art. 11.04, 11.09 Tex. Code Crim. Proc. (20 10)
2)
disposition before the Court instanter.
3) On or about June 30,2015, some 45 plus days beyond filing date ofsu ·
habeas corpus Application, the Court consolidated this Cause number with pre-
Page 1 of2
...
existing cause number 14-CCR-177950 and summarily scheduled jury trial of both
21 5\2015. Cause number 14-CCR-177950 also has an unanswered Art.
habeas corpus filed on or aboutApril23, 2015.
p
leadings summarily continuing to jury trial then Defendant's
n I rights of meaningful access to courts; access to the Great
e injury, compelling Defendant to develop and file
PREMISES CONSIDERE
5) address and dispose of
. 1.04; 11.09) before July 21,
States requires. So Moved, Prayed.
SM~~IG, pro-se
: ~L-/ ,2015
MOTION GRANTED/DENIED:
lt'~... -..-j
~ r
. Presiding Judge
Fort Bend County, Texas
Date: _ _ _ _ _ ,2015
Page 2 of2
No. 15- CCR-180026
County Court At Law No.3
Fort Bend County, Texas
)
STATE OF TEXAS ) COUNTY COURT AT LAW
. )
v. )
) No.3
IRSHAD ISMAIL BAIG, )
)
Defendant, Pro Se ) FORT BEND COUNTY, TEXAS
)
)
CERTIFICATE OF SERVICE
I, IRSHAD ISMAIL BAIG, hereby certify I have delivered a true, correct copy of
foregoing, attached Motion:
(1) Defendant's ProSe Motion to Withdraw Subject Matter Habeas Corpus Jurisdiction
and Proceed Original Action in Texas Court of Criminal Appeals in Austin, Texas
To:
a) Fort Bend County Clerk Office
b) Fort Bend County District Attorney Office
c) Fort Bend County Attorney Office
IRSHAD ISMAIL BAIG
1
No.lS-CCR-1180026
County Court at Law No. 3
Fort Bend County, Texas
)
STATE OF TEXAS ) BEFORE THE COUNTY
) COURTATLAWNO. 3
v. )
) FOR
IRSHAD ISMAIL BAIG, )
)
Defendant, ProSe ) FORT BEND COUNTY, TEXAS
)
)
DEFENDANT PROSE MOTION TO WITHDRAW SUBJECT MATTER HABEAS
CORPUS JlJRISDICTION AND PROCEED ORIGINAL ACTION IN TEXAS COURT
OFCRIMINALAPPEALS,AUSTIN, TEXAS
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now IRSHAD ISMAil.., BAIG, pro-se Defendant in Cause sub judice and
hereby, herein NOlliiES the Court of Defendant's intent to withdraw all subject matter
Habeas Corpus jurisdiction in above styled, numbered cause of action; thereafter, to file said
subject matter Habeas Corpus as Original action in Texas Court of Criminal Appeals sua
sponte.
CAUSE:
1) This habeas corpus action is a pre-trial action of which Defendant enjoys Texas and
Federal RlGHf/ENTI1LEMENT to have the Court(s) rule, decide, and address the
merits thereof.
2) The instant Court has been sitting 6n top of Defendant's pro-se pre-trial habeas corpus
pleadings over 115 days with<;mt addressing the facts set forth therein or transferring
Page 1 of2
said habeas corpus APPLICATION to the Texas Court of Criminal Appeals as
required by law.
3) The instant Court, to exacerbate the Defendant's Constitutional Right injury has also
scheduled this Cause of action for jury trial on at least two prior occasions and then
reset the Cause for trial on future dates.
4) It strongly appears to be a formidable abuse of discretion on the Court's behalf toward
Defendant, therefore Defendant withdraws said habeas pleadings in favor of
proceeding Original action jurisdiction in Texas Court of Criminal Appeals.
It is so urged, moved, and decreed by Defendant this lOth day of September 2015.
IRSHAD ISMAIL BAIG
11706 Nobility Drive
Stafford, TX 77477
Sworn and Subscribed
before me thi~D. day
ofS~
KAVITA BHATT
Notary Public for Notary Public
STATE OF TEXAS
Fort Bend County, Texas My eomm. Exp. _11-13-18
Pagel of2