in Re People Thomas H. Hollowell ( 2015 )

0h-/9-0DHl-CV
Declaration of Evidence
This Declaration provides verified copies of documentary evidence for immediate Show Cause
Hearing for People Thomas Howard Hollowell Habeas Corpus issues as follows:
1. People Hollowell, Detainee # 1324445, Stevenson Unit, 1525 FM766, Cuero, Texas 77954 is
under supervision of Warden Jimmy Smith who is served copies hereof; And,
2. Exhibits A A. And A is Proof Evidence of Sovereign Hollowell's Status Claim; And,
3. Exhibit B. is Proof Evidence of Fiduciary Trustees; And,
4. Exhibit C. Is Proof Evidence of TRUTH; And,
5. Exhibit D. Is Proof Evidence that where Natural Rights are concerned no Rule making or
Legislation may abrogate them.
WHEREFORE, above premises considered and not rebutted by Affidavit made under the pains
and penalty of perjury is mandatory under supervision of Fiduciary Trustee Attorney Ken Paxton
commanding SHOW CAUSE as to why People Hollowell does not deserve his Natural Rights of
Liberty within five (5) days receipt hereof. Signed and DNA Seal with Right, Power and
Authority of Attorney General for the United States of America ;
—TSU>^A-k. "flLuJ' uAy^h A^j-v"uX^J^a^eu-^rt XL^r^ylp -xL^c^Q?_ ;And,
People Paul West Kimmeil Sovereign Single State, Sui Juris, Heir of the Adam and Eve Contract
made with Almighty God in the Beginning, made a part herein, in full, by Reference to all
Fiduciary Trustees in capacities of TRUTH.
Fiduciary Trustee for People Hollowell
Texas Attorney General Ken Paxton
U. S. Certified Mail #: 7014-0150-0000-8628-5755
Third Court of Criminal Appeals Fiduciary Trustees, all JUDGES and Clerks by Oath of Office:
U. S. Certified Mail #: 7014-0150-0000-8628-5731
Warden Jimmy Smith Mail #: 7014-0150-0000-8628-5496
Mental Anguish Damages not yet established by Declaration ofLiens. /RECEIVED ^
JUN 05 2015
THiRDCOUXTOFAFFEALS,
\ -EFFREYDKY1E /
Revocation ofWaiver ofRights Affidavit g""% ^ff fan-
Texas : State ) '—;
) S/S Verified Statement of Revocation of Waiver of Rights.
Llano County )
I, ^~\ hf^\nC'-\- v-Wicvicv xrcQjtouH?l',f. hereinafter "Affiant", am competent for stating
by first-hand knowledge facts for presentment as evidence in a court of law and or otherwise
competent court by Judicial Notice in relation to Cause Nos. CR-5489 and CR-5473 as follows:
1 Affiant states: Thomas Howard Hollowell was and is detained unlawfully by a disguised
scheme of deception by Public Officials purporting to be in compliance with a republican form of
government for the State of Texas established in the Texas Constitution, Article I., Section 2.
Made a part herein, in full, by reference, making this Revocation of Wavier of Rights recto-active
as of February 1, 1995, with Hollowell's Affidavit addressed to Texas Attorney General, Greg
Abbott as Judicial Notice and made a part herein, in full, by reference.
2 Affiant states: Each, every and all supposed document and or witness thereof that purports to
imply any waiver of rights made by Thomas Howard Hollowell is now null and void with no force
and effect as of February 1, 1995, for mis-representation of a republican form of government in
relation to all aspects of the above named Cause Nos. CR-5489 and CR-5473.
3. Affiant states ; All STATE OF TEXAS employees and or assigns are now subject for
protection of Thomas Howard Hollowell's inalienable rights and are liable in relation to any
detainment of Thomas Howard Hollowell in relation to Cause Nos. CR-5489 and or CR-5-7.1 for
deniai of release under Habeas Corpus action by Guilford L. Jones' Order issued and file marked
on March 26, 2004 See copy attached
4 Affiant states : This Revocation of Waiver of Rights Affidavit is made for Public Notice to all
purported authorities who act in any capacity in relation to Thomas Howard Hollowell's
inalienable rights to be secure in his Liberty, Life and pursuit of Happiness.
Further, Affiant sayeth nought by signature and seal affixed hereon.
Thomas Howard Hollowell
Jurat
Before Me, the undersigned authority, appeared-*^'Vw^-a\.f^->r^U ;^A
TEXAS COURT OF CRIMINAL APPEALS
In the Name of the State of Texas
EX PARTE
THOMAS HOWARD HOLLOWELL, CASE#
Third Party Intervenor; and
Next Friend, Paul West Kimmeil
APPLICATION FOR EXPEDITED
EXTRAORDINARY WRIT OF HABEAS CORPUS
TO THE HONORABLE JUDGE OF SAID COURT:
THOMAS HOWARD HOLLOWELL, Applicant, hereafter Hollowell, lodges this request
for an Application for the Expedited Extraordinary Writ of Habeas Corpus intending to determine
the propriety of the present restraint upon the liberty of, and to secure the release from incarceration
as the resultofan order signed and entered by the presiding Judge ofthe 33rd Judicial District Court
on January 7,2005, a true copy ofwhich isattached and marked "Exhibit A."Expedited Application
is made pursuant to 62 Stat 965, which requires a return of writ within three days.Applicant will
show that he is entitled to Habeas Corpus relief and that the order and subsequent order which is
attached as "Exhibit B," are VOID FOR LACK OF JURISDICTION AND CHARGE AGAINST
HIM. Further, said orders are in violation of Constitutional Amendments 4,5,6 and 8 and that the
Writ should issuesince the threshold requirements are met by the request in the Writ.
JURISDICTION
1. Asjurisdictional authority for this application for the Extraordinary Writ of Habeas Corpus and
the same being signed and then filed and presented to this court by Hollowell he relies upon the
Constitution and laws of theUnited States especially the Federal BillofRights; theConstitution and
laws of the State of Texas especially the Bill of Rights as stated in Article I thereof; the ancient
Application for Writof Habeas Corpus Page 1 of 5
common law respecting Habeas Corpus; the Texas Criminal Code of Procedure at Chapter 11
respecting Habeas Corpus, especially Articles 11.01,11.02,11.03,11.04,11.05, and 11.15; Article
1.27 of theTexascode of Criminal Procedure; and Article 1.051 respecting the Defendant's Right
to Assistance of Counsel. Collectively, these statutes are binding on this court and, inter alia
provide that,
"The writ of habeas corpus is the remedy to be used when any person is restrained in his
liberty." See TCCP, Art. 11.01 and
" TheCourtofCriminal Appeals,the DistrictCourts,the County Courts, or any Judge ofsaid
Courts, have power to issue the writ of habeas corpus; and it is their duty, upon proper motion. to
grant the writ under the rules prescribed bv law." See TCCP, Art. 11.05, and
"The writ of habeas corpus shall be granted without delay by the judge or court
receiving the petition, unless it be manifest from the petition itself, or some document annexed to
it, that the party is entitled to no relief whatever." See TCCP, Art. 11.15. Further, Applicant calls
theattention of thisCourtto the authority ofEx Parte Williams, 630S.W.2d803,804 (Tex.App. San
Antonio-1982) which in pertinent part states that:
"We hold that to deny [a] hearing... constitutesan arbitrary and unreasonable action, as does
the denial of habeas corpus relief without a hearing." Id. Ex Parte Williams.
FACTS
1. Thomas Howard Hollowell is illegally confined and restrained of liberty by the Sheriff of
Llano County, Texas in the Llano County Jail in Llano, Texas in lieu of want of hearing and
determination by Order ofthe33rd. Judicial District Court for Llano, Texas ona charge ofIndecency
with a child, which has failed to produce material and substantial evidence that such allegation
Application for Writ of Habeas Corpus Page 2 of 5
would be considered by a viable independent investigation of due process.
2. Thomas Howard Hollowell's confinement and restraint is illegal because bond in the amount
of $50,000.00 is excessive, oppressive and beyond the financial means of Thomas Howard
Hollowell, in violation of the of the Eighth and Fourteenth Amendments to the United States
Constitution, Article I., §§ 11, 13 and 19 of the Texas Constitution, and Articles 1.09 and 17.15 of
the Texas Code of Criminal Procedure.
3. Thomas Howard Hollowell has established many Motions not yet heard for lack of due
process conduct by the 33rd. Judicial District Court Public Officials acting in the capacity of
Fiduciary Trustee under Oath ofOffice and failingcompliancewith Texas Rule ofCivil Procedure,
Rule 15 and Texas Code of Criminal Procedure, Article 1.23 in the name of "The State of Texas"
whichis material as defined in Title 18USCArticle1001 in relationto 18 USC Article 4. Misprision
of Felony.
4. Thomas Howard Hollowellsupports this action byAffidavitsand respectfullyrequests this
Courtto conductan evidentiary hearing to ShowCausewhy,ifany exist, that the process conducted
bythe below Courtshould not be madenull and void withno force and or effect for the permanent
release ofThomas Howard Hollowell without further proceeding to the SupremeCourtofthe United
States as the case may be.
5. Applicant would show that violations of due process guaranteed pursuant to the Eighth and
Fourteenth Amendments of the Constitution for the United States of America and Texas
Constitution, Article 1. Sections 3a., 9., 10., and 11. has resulted in the illegal and or unlawful
detainment in the Llano County Jail at Llano, Texas by Sheriff Nathan Garrett.
6. Applicant would show that by the portions ofthe below Court's Record in relation to Cause
Application for Writ of Habeas Corpus Page 3 of 5
Nos. CR-5489 and CR-5473 that Thomas Howard Hollowell has been and is being denied due
process of hearing on motions filed byAttorney Tommy Adams pertaining to material exculpatory
evidence. Seecopyof Motion attached and listof Motions not yet heard and all other attachments
which show evidence of lack of Due process.
7. Applicant would show that Thomas Howard Hollowell is of sound mind and capable of
testifying ofsame which cause Hollowell should notbecommitted to a State Mental Hospital onthe
Order of Guilford L. Jones. See attached copy of Public Notice and Affidavit by Thomas Howard
Hollowell pertaining to sanity and insanity.
Relief Sought
WHEREFORE, PREMISES CONSIDERED, Thomas Howard Hollowell prays that this
Court grant and issuea Writof Habeas Corpus to theSheriffNathanGarrettof LlanoCounty, Texas
who now restrains Hollowell in detention of the Llano County Jail, Llano Texas directing and
commanding said Sheriff Garrett production of Thomas Howard Hollowell before this Court
instanter, or at such time and place to be designated by this Court, then and there to show cause, if
any there be, why Thomas Howard Hollowell should not be discharged from such illegal
confinement; or, In the Alternative, that Thomas Howard Hollowell be allowed release from the
Llano County Jail on a Personal Recognizance Bond to obtainhis inalienable rights of his claims of
Report of a Felony and give testimony in this Court of said claim.
Thomas Howard Hollowell further prays that immediate action is necessary by this
Application ForWrit of Habeas Corpus to prevent further irreparable harm to his right to properly
show evidence in support of this Application for Issuance of Habeas Corpus Writ Order by this
Application for Writ of Habeas Corpus Page 4 of 5
Honorable Court's action.
Respectfully submitted on this 7th. Day of April, A.D., 2005 byand through Next Friend, Paul
West Kimmeil by signature and seal affixed hereto:
Certificate of Service
This is to certify that on April 7th. Day of April, 2005, a trueand correct copyof theabove and
foregoing documents was severed on District Attorney Sam Oatman, TexasAttorney General
Greg Abbott, Sheriff Nathan Garrett and Detainee Thomas Howard Hollowell restrained in the
Llano CountyJail, Llano, Texas by first class mail by Process Server Paul West Kimmeil whose
signature and seal is affixed hereto:
Paul West Kimmeil
c/o:P. O.Box 1090
Marble Falls, Texas [78654]
Application for Writ of Habeas Corpus Page 5 of5
Public Notice
God Happens Every Day. Anything New? A new science is now being disclosed to the
General Public. 11 is "Forensic Neuro-Psychokinesis ©" namedby founder, Dr. Paul West
Karnrnell. Its use in qualifying "Truth" and or "Fraud" has many ramifications and the extent of
its useis not fully developed. In this "Information Age", it is time for some simple, subtle and
profound disclosures hereby madeunder common lawcopyright©.
Three»Wav Fraud Test:
Test One. Fraud, sometime expressed as"Fiction of Law", means "An intentional perversion oftruth
for the purpose of inducing another in reliance upon itto part with some valuable thing belonging tohim
or to surrender alegal right." Black's Law Dictionary, 6*, Edition, Page 660. In real live blood analysis, a
people's name is often convoluted by "perversion oftruth" as in nor* de guerre, name ofwar, labeled to
the extent that "Elected and other Public Officials and orAgents of Agencies" are exposed asbeing
"Criminally Insane" when making charges against live blooded people. Example: The word "Albert" is
aot the same as the word "ALBERT". Proof: The all capital word can not behand written inlong hand
American Standard English Language expression. It is a total Fraudto label a live blood people "Albert'
with the Civilly Dead "ALBERT". Challenge any potential witness, Grand Jury member, Judge, Mother
and or Father for testing theirsanity andseethe pronounced andor Silence result.
Test Two. Fraud by Legal Definitions ofTerms and Words.
i. Sanitv means the ability to determine right from wrong.
2. Insanity means the inability to determine rightfrom wrong.
3. Sjlejjcjemeans Wrongwhen Speaking truth wouldbe right
4. Psychopath means a condition of the mind with intent to harm.
5. Evil means insanity by conscious commission ofawrong andorconscious omission ofa right.
6. Intent means a condition ofthemindof willful and orknowingly commission and oromission
measured against the standards ofright versus wrong.
?. Cognomen means asurname added tothe nomen proper name ofthe family established byGod,
YAHWEH. "Here is my servant, whom Istrengthen-the one I have chosen, with whom Iam pleased. I
have filled him with my spirit, and he will bring justice to every nation. Isaiah 42:1.
8. nom de guerre means a"fiction of law" name under which aman will often wage war on society such
as the STATE OF TEXAS instead of "The Republic ofTexas" legal nation name.
9. Fiction of lawmeans fraud based on theassumption oflaw wherein the actual state offsets have
never in realitytaken placeto support a validclaim.
10. Perversion oftruth is insanity when truth is sanity by legal right
;1 Operation oflaw means truth ofGod applied asthe case may be.
12. Civilly Dead means "Judicial Estoppel" by use ofall capital names assigned toa live blood Sovereign
people.
13. Violations means Evil intent to harm God's People's unalienable Rights of life, liberty and or the
pursuitof happiness.
My God's "Good News" book says: "Those people belong to me", Malachi 3:17. Nothing New, God
ywns everything. Virtual Realityis that both fools and wise men die.CEHTIFIED COPY certificate
STATEOFTEXAS, COUNTY OFLLANO
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Llano : County)
Before Me, the undersigned authority, appeared Sovereign Paul West Kimmeil people, known to me with
proper authority, and affirmed the above Public Notice facts as true and correct on his solemn belief and
standing of common law Copyright© Notice on this 9th. Day of December, A.D. 2004, for Recording in
County
county Clerk's
uiertc s Public Notice Records,
rumicNotice Kecoras, City of
ol Llano, Llano County,
Lounty, Texassaasrr*>tCBHgaggEB
lex;
KAREN L DAVIS
NOTARY PUBLIC
STATE OF TEXAS
Public Notary Seal: Ni V%r#'
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Mjr,5SSWn«l2ires
MAHOH 19, 20QO
JSgEggBHaSEBB
cc: Texas Attorney General Gregg Abbott and District Attorney Sam Oatman by U.S. Certified Return
Receipt Mail for knowledge and information; Please forward on the Internet for mass distribution.
CER-UFlHDCOrY CERTIFICATE _ __
STATEOFTEXAS. COUNTY OF LLANO ("0'
I. BETTE SUE HOY, County Clerk of Llano County, TvTT k" .' o- ^w ^ II
Texai dohereby certify that (hitIsa true tc rt\U,L* r\| iron fell
conect copy a» same appeara of record in my _
nfr.ee. wlincu mvband andtail of office' rV\ Q inu/1
-'2&# ,^3 ,N , FZ ^tvS&6*
Cheryl L Stewart
People Sovereignty
Memorandum of Law in Support of Abatement and Execution of Order
1. "In the United States the People are sovereignand the government cannot sever its relationship
to the People by taking away their citizenship." Afroyim v. Rusk, 387 U.S. 253 (1967).
2. "The People of a State are entitled to all rights which formerly belonged to the King by his
prerogative." Lansing v. Smith, 4 Wendell 9,20 (1829)
3 In America, Our government is founded upon Compact. Sovereignty was, and is, in
the People. Glass v. The Sloop Betsy, 3 Dall 6.
4. The People, or the Sovereign are not bound by general words in Statutes, restrictive of
prerogative right, title or interest, unless expressly named. Acts of limitationdo not bind People
Thomas Howard Hollowell as designated by attached Exhibit AA; A; C, and D. made a part
herein, in full, by reference for showing actual damages and mental anguish damages suffered by
People Paul West Kimmeil by Corporate Officer Jackson with aiding and abetting by
AdmininstativeOfficials proceeding under the "Color of Law" as opposed to Title 18, U.S.C.A.
§§ 1962 through 1969,241 and 242 R.I.C.O. organization scheme designated as "THE STATE
OF TEXAS" lacking lawful existence over the Sovereign People Paul West Kimmeil.
5. The People have been ceded all the Rights of the King of England, the former Sovereign.
6. It is a Maxim, an established principle of the Common Law established in the State of Texas,
that when an act of Parliament, Texas Legislature, is made for the public good, the advancement
of religion and justice, and to prevent injury and wrong, the People shall be bound by such an act,
though not named; but when a Statute is general, and any prerogative Right, title or interest
would be divested or taken from the People, in such case People Thomas Howard Hollowell shall
not be bound. The People vs. Herkimer, 15 Am. Dec. 379,4 Cowen 345 (N.Y. 1825).
7. People Hollowell denies existence of any power of inherent Sovereignty in the Governments
of UNITED STATES, STATE OF TEXAS, COUNTY OF LLANO and Agencies thereof and its
Administrative Operatives for having Judicial Power over the People.
8. In this Country, Sovereignty resides in the People. See above citations and compliance of
Preamble of Texas Constitutions, 1845, People's Power to alter or change operation of
government, made a part herein, in full, by reference showing authority ofthe People.
Exhibit D.
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