Wilson, Charles Clay ( 2015 )

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Mr.Charles Clay Wilson
T•D.C.J.-CID#521150
John M.Wynne Unit
810 FM 2821
Huntsville,Texas 77349
In the office of RECEIVED IN
Abel Acosta, Clerk COURT OF CRIMINAL APPEALS
· some
This document contams rty SEP 30 2015
For The court of Criminal Appeals aoes that are of P?or qua '
P ...
P.O. Box 12308, Capital Station 0 f · agmg
at the time 'm . Abet Acosta, Clerk
Austin, Texas 78711
RE: Relator's Motion for leave to file for a Writ of Mandamus and Relator's
Application for a Writ of Mandamus.
To the Honorable Abel Acosta, Clerk,
Please be advised that I'm the above relator in this action.
I'm a indigent offender incarcerated at the T.D.C.J.-CID John M.Wynne Unit
Prison. I'm only able to send the original copy of the above mot&on for
leave to file for a Writ of Mandamus and relator's application for a Writ
of Mandamus to be filed and brought to the Honorable Justices or Judges att-
ention for their disposition and hearing concerning the state Prosecutor and
the trial court lacked jurisdiction tb try or to hear this ease.in T/C NO.
#02F0236-102: and Appeal N0.06-03-00172-CR was void and the opinion, judge-
ment. Mandate,must be recalled and dismissed for lack ofni11ri~diction in
absent of a criminal accusation does not exist and the state prosecutor and
the grand jury conspired to violate the relator's due process right and due
course of law right. To illegally vote to indict relator without a criminal
accusation complaint.
Relator request this Honorable Court to issue a order directing Abel Acosta,
Clerk to make the required 11 copies of the above Relator's indigent motion
for leave to file for a Writ of Mandamus and relator's applica~ion for a
Writ of Mandamus since T.D.C.J.-CID indigent officials will not supply rel-
ator with the proper amount of typing paper to make the required 11 copies
of this action, Therefore I'm requesting this Honorable Court to aid relator
in this action due to his inablity to meet the required 11 copies for this
Honorable Court use's and to send a additional copy to the State Attorney.
Than"K You for your time in this matter of Great Consideration and this
matter to me.
~ctfull v Submitted by,
-~c£ tA)~
Cla~ilson
C arl.E;; TDCJ-CID#521150
John M. Wynne Unit
810 FM 2821
Huntsville,Texas 77349
--
IN THE
- -- .
COURT OF CRIMINAL
- -
APPEALS
- .....
AUSTIN, TEXAS
IN RE: CHARLES CLAY WILSON § APPEALS CAUSE NO.
RELATOR 06-03-00172-CRS
v. ON APPEAL FROM
IN THE COURT OF APPEALS THE 102nd JUDICIAL
6th. Supreme Judical District § DISTRICT COURT OF
OF TEXAS BOWIE COUNTY,TEXAS
TEXARKANA,TEXAS,RESPONDANT § T/C N0.#02F0236-102
MOTION FOR LEAVE TO FILE
PETITION FOR A WRIT OF MANDAMUS
TO THERHONORABLE JURISTS OF SAID COURT:
Comes now CHARLES CLAY WILSON, Relator, P~m-se without the aid of counsel.
And for good reason files this motion for leave td file petition for a Writ
of Mandamus. ,Therein complaining of The Court of Appeals for the Sixth
Supreme Judicial District of Texas, by it's failure to perform its minis-
terial duties in the manner required under The APPlicable
-- ' Law and Fact, by
viewing the relevant evidence in the light most favorable to the verdict of
it's review of factual sufficiency of the essential of the offense to affirm
the judgement of the trial court. Respectfully, in support, the following
matters are submitted:
I.
HISTORY OF THE CASE
(1). It appears from the trial court records in cause N0.#02F0236-102. The
State of Texas District Attorriey or his Assistant Dis~rict Aftorney's inte-
ntionally and knowingly return a void indictment without filing a criminal
complaint theres no critable person who sworn out no criminal accusation comf.'~: :; ;
plaint.
The State and the Trial Court lacked jurisdiction to illegally sworn inaa
jury to try and convict and hear the illegal cause #02F0236-102 which vio-
lates the relator u.s. Constitution Rights to Due Process and also to vio-
3
lates his rights under Texas Constitution of Due Course of Law.
The State District Attorney can not proceed to prosecute an information or
indictment in cause #02F0236-102 Alony, A criminal complaint must be embr-
aced in the transcript on appeal in cause#06-03-00172-CR.
See Corr-pos v. State, 141 S.W.2d 344,139 Tex.Crim.411; Ho v. State, 856 S.W.2d
495, rehearing denied; Naff v. State, 946 S.W.2d 529 rehearing overruled;
~ . ~:l .. !<~ ... ~.
State V- Bishope, 921 S.W.2d 765; Ramon v. State, 159 S.W.3d 927, 930=32(Tex.
Crim.App.2004); House v. State, 947 S.W.2d 251-53(Tex.Crim.App.l997); Brown
v. State, 921 SW2d 227,229-30(Tex.Crim.App.l991); See Humphfey v. State,
99 S.W.2d 600 131Tex.Crim.383; Peterson v. State, 732 S.W.2d 22 PDR Dismissed
781 S.W.2d 933.
II.
HISTORY OF THE CASE
ILLEGALLY TRIED AND APPEALED
Relator was indicted incause #02F0236-102 and was tried by a jury found
relator Charles Clay Wilson guilty of the offense of Aggravated Assault the
102nd District Court of Bowie County,Texas in cause NO. 02F0236-102 styled
the State of Texas v. Charles Clay Wilson, 134 Sw3d 104(Tex.~pp.Texarkana
2004).(N0.06-03-00172-CR). The judgement was affirmed on appeal. Wilson's
State, 1215_:-04 P~lator Wilson's first state writ application was filed on
March 10,2005 and was dismissed or denied on June 22,2005.
Relator Wilson's second state writ application was filed on July 14,2005
and was dismissed inder the state subsequent writ sta~ute on January 4,2006~
III.
STATE COURT RECORDSo/
The state's available Wilson's the relator state court records have prev-
iously been forwarded to this court.
IV.
STATEMENT OF FACTS
A illegal enpaneled pitty jury• who lacked jurisdiction to hear or to try
Lf
the relator due to the State of Texas Bowie county District Attornev or his
Assistant District Attorney return a void indictment without a criminal
accusation complaint being filed by a critable person does not exist in
none of the state court records. The state is prohibited by the state legi-
slature precluded a state prosecutor from presenting an informatio~ "Until
affidavit has been made by some credible person charging the defendant with
the offense." The affidavit shall be filed with the information;Article
21.22 Supra. Such an affidavit is of course a complaint within the meaning
of Article 15.04 V.A.C.C.P."In other words a prosecuting attorney is not
authorized to institute prosecutions in the coun~y court ubon his act or
of his own volition". Kennedy v. State,Supra,at 294,161 Tex.Crim.303,276
S.W.2d 291(1955).
One may not be "Both the accuser and the prosecutor is misdemeanor cases."
Wells v. State, 516 S.W.2d 663,at664(Tex.Crim.App.1974);Compare Glass v.
State, 162 Tex. Crim. 598, 288 S.W.2d 522(1956); catchings v. State, 162Tex.
Crim.342 SW2d 233,at234(1955).
If the indictment is to be considered the charging instrument, where is the
jurat??
The indictment is merely a presentment by the grand jury consequent to a
verified criminal accusation. So whose affirmation is verified on that pri-
mary accusation?
"State of Texas v. Carroll Pierce 109 125(91).1991.Tex.41404; 816 S.W.2d 824.
See also chapter 16 Texas Code of Criminal Procedure, surely this practice
of indictment without criminal accusation can not be based on past practice
of some assumption of implied power. The State violated the following
authorties Mallory v. u.s. 77 s.ct.1356, 354 u.S.449(u.s. 06/24/1957);
See H.R.Thomas v. State,l 29 Tex.Crim.628 at 632; 91 SW2d 716;1935 Tex.Crim.
App.557. The State District Attorney violates the following Art's 2.03,2.04
2.05 Texas Code of Criminal Procedures. See also Chapter 16 T.C.C.P. See
5
also Art. 16.17c.c.p. See also 20.19,21.20, 21.22, 27.01, 15.04 of[V.A.C.C.P]
With no proper criminal accusation in the court record, There is no accused
and the court is without jurisdiction over relator.See William T.Gholson
the court held:
"Therefore it is the complaint alone and not any other affidavit given in
support of arrest or search warrants, which determines the validity of the
information. Holland v. State, 623 SW2d 65l(Tex.Crim.App.l98l).William T.
Gholson v. State of Texas(06/23/83).TX.41167; 667 S.W.2d 16; See also J.W.
Winans v. State, 135 Tex.Crim.l02; 117 SWQd 81:1938 Tex.Crim.App.584; see
also Clivares v. State, 765 S.W.2d 140. The judgement is reversed and the pro-
secution ordered dismissed.
No complaint appearing as a predicate for the indictment in cause 02F0236-
102 it will be necessary for this court to reverses and direct the'dismissal
of the prosecution. Article 415 Vol.l Vernon's Ann.Tex.CCC~P. See Olivares
v. State, 127 Tex.Crim.316; 76 S.W.2d 140; 1934 Tex.Crim.App.Lexis 42. This
practice pfoalto~tng ~•1grand jury to act without a criminal complaint,then
allowing prosecutors to innore the clear requirement of Art's 2.03, 2.04,
2.05 Tex.c.c.P. however long it may havebeen practice is simply not in com-
pliance with statutory stipulations.See also 13 AM Jru proof of fact 3d, 21
See Monell v. Dept. of Social Services(l978) 436 u.s. 658 and Soell v.
McDanial(l989 CAt nc) 824 F2d 1380).See also Const.,Tex.Code of Crim.Pro.
by Art.l sec.9; J.M Thornberry v. State, 3 Tex.ct.App.36 1877 Tex.Crim.App.
202(emphasis added).
~e iftdictment cannot be the sole sourse of jurisdiction as the Grand Jury
is instructed to vote on a criminal accusation. The prosecutor willaa~gue
that the Grand Jury is specifically give the power and the duty to invest-·
igate into matters. See Art.20.09 T.c.c •. P. See also chapter 16 c.c.P. the . ;
District attorney is forbidden to swear out a criminal complaint. See also
Art.21.22 presentment entered record see in Peter B. Peterson v. State,Texas
(12/20/84) 1989 Tex.41854:781 S.W.2d 1933, See Art's 27.0l,and 21.20 v.c.c.P.
See also Kennedy v. State, 16l,Tex.Crim.303,276 S.W.2d 291{1955).
v.
JURISDICTION
{1). This Honorable court has jurisdiction over the parties and the subject
matter under the authority of Article v. section 5 and 6 of the Texas Con-
stitution [V.T.C.A. TEX.Const.] See Section 22.221 of the Texas Government
Code uV.T.C.A. Gov•t Code]. And Article 44.25 of the Code of Criminal Pro-
cedure;:·f•V. A. c. c. P. ] .
VI.
GOOD FAITH BELIEF
0
(1). Leave for therflling of the ~etition for a Writ of Mandamus is not sou-
ght to burden this Honorable Court. Or respondent. But to see justice served.
It is the good faith belief of relator that by reviewing or viewing all the
evidence in the light most favorable to the verdict the court of appeal did
not preform its ministerial duties required by the relevant law of facts.
In consideration had the appeal court used the proper standard· of review
required to determine the factual sufficiency of evidence that was used in
establishing the elements and viewed the relevant evidence in a neutral
light it would have found that the state did not prove that relator was
responsible for perpetruting the Aggravated Assault and the verdict to be
so contrary to the overwhelming weight of the evidence to be clearly wrong
and manifestly unjust.
Relator futher cliam that the state district attorney failed to file a crim-
inal complaint it does not exist and the relator illegally restraint since
no person has made a criminal accusation against relator which is necessary
to render the state's jurisdiction.
Relator has been made to answer an infamous crime which no one has accused
relator of committing. Therefore the state of Texas is restricting relator
at his liberty without authority or jurisdiction. Where prosecution for theft
7
proceeded in the county court on an information and no complaint was emb-
raced in the transcript on appeal, That court was without proper jurisdi-
ction in the absence of a complaint. See Compos v. State, 141 S.W.2d 344,
139 Tex.Crim.411: Ho v. State, 856 S.W.2d 495 rehearing denied: Naff v. St~te
945
946 S.W.2d 529 rehearing overruled: State v. Bishppe 921 S.W.2d 765: Gholson
v. State, 667 S.W.2d 168 P.D.R. refused: V.A.C.C.P. Art's 15.04, 21.22 Bal-
dauf v. State, 456 SW2d 136,Prosecution cannot proceed upon an information
or indictment along. Hum~hfey v. State, 732 S.W.2d 22 P.D.R. Dismissed.
VII.
RIGHT TO RELIEF SOUGHT
{1). Relator has no adequate remedy at law, but does have a clear undis-.
putable legal right to relief sought under the relevant law of facts and
the act sought to be compelled is ministerial and constitutional and jur-
isdictional.
~e respondant th~ ~~ate of Texas District attorney ret~rn a void and illegal
Grand Jury Indictment without a complaint being filed the State's Dist-
rict Attorney abused his power of office to indict relator violates Art's
2.03, 2.04, 2.05, 15.04. 21.22, 27.01, 20.19, See in RE Guerra 235 S.W.3d at
432-439 note 17, See also235 SW2d 432-444~445.See Kennedy v. State, 276
S.W.2d 291 161 Tex.Crim.303; Peterson v. State, 781 S.W.2d 993.
The State District Attorney is prohibited by law to be both fhe accuser and
the prosecutor See also Wells v. State, 516 S.W.2d 663-664{Tex.Crim.App.l974)
Glass v~ State, 162nTex.Crim.598 288 S.W.2d 522(1956) Catchings v. State,l62
Tex.Crim.342, 285 S.W.2d 233 at 334{1955).
The State District Attorney and the trial judge lacked jurisdiction to hear
or try relator upon a illegal indictment in cause #02F0236-102 was returned
by the State without a complaint violated relator due process right's.
VIII.
CONCLUSION AND PRAYER
{1) wQerefore premises considered, relator respectfully asks this Honorable
b
'court to grant leave for filing of the petition for a writ of mandamus. This
providing him with a means to have this wrongful matter complained of rec-
tified in the matter prescribed under law.
Grant the relief deemed just and proper.
Relator seeks a new opinion and judgement mandated in cause #06-03-00172-CR
be issued and a dismissal of this action be reversed and dismissed with
prejudice.
(2) So move and pray for that in all things this motion be granted.
Respectfully ~u~mitt~ ·h
@p.~a_~--~-
Charles Clay Wilson#521150
John M Wynne Unit
810 FM 2821
HDnsville, Texas 77349
Relator Pro-se
7
GNSWORN DECLARATION
Pursuant to the provision of title 6.Texas Civil Practices and Remedies Code
Chapter 132~ 132.001 et.seq, the following declaration is made under the
penalty of perjury:
I Charles Clay Wilson Relator TDCJ-CID#521150 being presently confined in
the Texas Department of Criminal Justice Correctional Institutions Division
at the John M. Wynne Unit located at 810 FM 2821 Huntsville,Texas 77349 by
my signature below hereby declare under penalty of perjury that the allegat-
ion made ~n the motion for leave to file petition for writ of mandamus to the ~E
r:.:~ ~;..
be~t of my knowledge are true and correct.
Executed on this the~ day of Se1:e£Qke.£__, 2015 A. D.
Charles Clay Wilson,Relator,Pro-se
CERIFICATE OF SERVICE
ft~harles Clay Wilson,Relator,TDCJ-CID#521150 by my signature below cert-
ify that the original copy of the motion for leave to file petition for
Writ of Mandamus were sent on the date below to the clerk of the court of
criminal appeals for Texas by United States mail.
Relator is totally indigent and can only afford the one original copy is
all that I could afford to draft up. If the court requires eleven copies
then relator respectfully request this Honorable Court be ordered to make
the additional copies that this Homorable Court requires since relator can
not afford to make the additional copies due to TDCJ-CID Indigent official
have a limit on writing paper to twenty-five sheets at a time and one ink
pen as needed. Five carbon papers with exchain. Relator respectfully req-
uest this court to make the additional ten copies to total to the eleven
copies as required by law. Thank You.
Signed by~~-{ A)~
Charles Cl~Wilson
Relator~Pro-se
Executed on this__~dl~~~·- day 2015.
•. I
\1\
·-
IN THE COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
IN RE: CHARLES CLAY WILSON ~ Appeal Cause No.
Relator § #06-03-00172- CR
v.
§ ON APPEAL FROM THE
THE COURT OF APPEALS 102nd Judicial
FOR THE SIXTH SUPREME § District Court of
Judicial District of Texas Bowie County, Texas
§ T/C N0.#02F0236-102
Texarkana,Texas,Respondant
PETITION FOR A WRIT OF MANDAMUS
Comes now Charles Clay Wilson,Relator, Pro-se without aid of counsel.And
for good reason files this petition for Writ of Mandamus seeking relief
from the court of appeal for the Sixth Supreme Judicial District of Texas
~pmmitted reversal error by not dismissing the case because the criminal
complaint must be embraced in the transcript on appeal Compos v. State,l41
SW2d 344,139 Tex.Crim.411; Humphreys v. State,99 S.W.2d 600;peterson v.State,
732 S.W.2d 22,PDR Dismissed 781 S.W.2d 933.
This honorable court lacked jurisdiction to affirm relator's appeal when
it ap~ear that the State of Texas District Attorney and the trial court
102nd Judicial District Court of Bowie County,Texas lacked jurisdiction
to try or hear this case since the State District Attorney illegally indi-
cted relator without a criminal complaint being filed by a credible person
does not exist in none of the trial court records. And the Texas ·state
legislature precluded a state Prosecutor from presenting an information ''U0til
".Until affidavit has been made by some credible person charging the defend-
ant with an offense". The affidavit shall be filed with the informat.ion.
Article 21.22 Supra. Such an article affidavit is of course a complaint
withiri the meaning of article 15.04 V.A.C.C.P.
J
In other words, a prosecuting attorney is not authorized to institute pro-
secutions in the county court or dis~rict ccurts upon his independent act
or of his o~n voilition. Kennedy v. State, SUPRA,at 294,161 Tex.Crim.303,
276 S.W.2d 291(1955). One may not be "Both the accuser and the prosecutor in
misdemeanc,r or fe:c:r. ys cases". Wells v. State, 516 S.W.2d 663, at 664['Ie>:. Crim.
App.l974]Compare Glass v. State, 162 Tex.Crim.598,288SW2d 522 (1956};Catch-
ing v. St~te, 162 Tex. Crim. 342 SW2d 233,at 234(1955). If the indictment is
t.o be considered the charging in~.trument, where is the jurat?
The indictmer.t is merely a p1667 S.W.2d 16. Also see J.W. Wirans v. s~ate, 135 Tex.Crim.102;117 SW2d 81:
1938 Tex.Crim.App.584; See a!so Olivares v. State, 76 S.W.2d 140. The Judge-
ment is reversed and the prosecu~ion ordered dis~issed.
II.
Relator :futher contends no cc·mi•laint appearing as a predicate for ~he ind-
ictment in cause N0.#02F0236-102 it will be necessary for this court ~0
reverse and direct the dismissal of the prosecution.See a~ticle 415 vol.l.
ve~non's ann. Tex.c.c.P. See OlivareE v. s~ate, 127 Tex.crim.316; 76 S.W.2d
140;-1934 Tex.Crim.App.Lexis 42.
This practice of allqwin£ a grand jury to act. wi~hout a criminal complaints
then allowing prosecutors to ignore the clear requirern~nt of Art's 2.03,
2.04,2.05 Tex.C.C.P. However, long it may have been practice is siroply not
in compliance with statutory st.ipulations.S~e also 13 AM JUR proof of fact
3d,21. See monell v. Dept. of Social Servicesfl978~ 436u.·s.658 and also
Sot•ll v. Mc~aniel (1987 CA4 NC] 824 F.2d 1380].See also Cor..sf.Tex.cod.Crim.
Pro.by Art. 1 sec9. J.M. Thornberry v. Sta~e, 3 Tex.c~.App.36 1877 Tex.Crim.
Ap~·· 202 [!emphasis added]. The indictment in ca.use#02F'0236-102 cannot be the sole
cf jurisdiction as theHgrand jury is instruction ~o vo~e on a criminal accu-·
sation. The prosecution will argue tha~ ~he grand jury is specifically give t ~.-
the power and the duty to in~est.igate into the matter. See Ar~.20.09, Tex.
C. c. P. seE:' c:,lso chapter 16 Tex. c. c. P. The District At~orney is fot·bi dden to
swear out a criminal complaint. See also Art.21.22. Presentment entered
record see i~ Peter B. Peterson v. State of Texas (12/20/89) 1989 Tex.41854
781 S.W.2d 933,See Art's 27.01 and 21.20V.A.c.c.P. Also Gee Kennedy v. ·state,
161 Tex.erim.303, 276 S.W.2d 291(1955).
JURISDICTION
( 1). This Honorable co1.:rt hci!:; j tlrisdiction over the parties and suj ect matter
under the authority of Article v. Section 5 and 6 o:- the Texas Co~sLitution
[V.T.C.A.Const.] See section 22.221 of the Tex Govt Code [V.T.C.A.Gov't Cod]
3
~nd Article 44.25 of the Code of Criminal Procedtire[V.A.r.c.p.]See ~he Aut-
hority cited in State EX Rel.Hill v. Pirtle Cite as 887 SW2d 92l[Tex.Crim.
App.l994].
GOOD FAITH BELIEF
Relator's convic~ion must be reversed ar:d se~ aside and dismissed where the
evidence is insufficien~ ~o suppor~ conviction was unconstitutional obtained
and where the court's records on appeal clearly show ~here no cc·mplaint
embraced in the transcript on appeal the case must be dismissed.Ccmpos v.
State,l41 SW2d 344, 139 Tex.Crim.4ll.Humphrey_v. State, 99 S.W.2d 600;Peter-
son v. State,732 S.W.2d 22; Diltz v. State,ll9 SW2d 92 56 Tex.Crim.l27(Crim.
App.l909)Indictme~t and f~formatio~ key-41(2);Robinson v. State,7 SW2d 531
(~ex.App.l888);State v. Bishope, 921 S.W.2d 765;Relato~ c~nt~~ds that "If an
appellate tribunal finds that ~he, evide~ce is insufficient to suppor~ the
conviction cr the, trial court lacke: jurisdiction to hear or try and appE!al
a case where there is no criminal cc·mplaint embracee in ~he transcript on
appeal the relator is e~titled to an acquit~al or dis~issal under rule 43
( 2) of tlw n;le of appellate procedure [authorizing court of appeal to render
the judgement that the court sl':ould hc;.ve rendered], The Appe·llate court need
not n~trc,nc~ for entry of judgement of acquittal or dismissal 'bt't.. mc;,y itself
render that judgement.e.g. Baty v. State, 734 S.W.2d 62-65(Tex.App.Dallasl987,
pet. REF' D).
III.
ISSUE PRESENTED
( 1). Whether the Ar-peal Court had jurisdiction to hear or to review the rel-
ater's appeal when there exist c~ ear evidence on the face of tl~e ~rial court
records that clearly sho1o:·s that there is no criminal complaint must be embr-
aced in the transcript on appeal i~ T/C N0.#02F0236-102,and appealfN0.#06-
03-00172. See Corrpcs v. StatE.·, 141 S.W.2d 344, 139 Tex. Crim. 411; Humphrey v.
State 99 SW2d 6CO;Peterson v. State,732 S.W.2d 22; Dilt~ v. S~ate, .119 SW2d 92,
56 Tex.Crim.l27(Criro.App.l909).Indictment and information key 41 (2);
'Rcb4nson v. State, 7 SW2d 53l{Tex.Crim.App.l888)~ Sta~e v. Bishop, 921 S.W.2d
765. Since respondan~ the cour~ of appeals and ~he S~a~e Distric~ A~~orney
and the trial judge lacked jurisdiction to try or ~o hear ~he case and to
render it's opinion and judgement in T/C NO.#C2F0236-102~ Appeal N0.#06-
03~00172-CR were nulled a~d voided since ~he s~ate of Texas and the trial
c~urt lacked jurisdiction and since there was no criminal complaint embraced
fnrtne transcript on appeal. Respondant is entitled to a dismissal be reor-
dered in this case. And the respondant•s opinion affirming ~he trial court
judgement and fifty (50) years sentence be se~ aside and dismissed citing
the above Authorities SDPRA.
IV.
STATEMENT OF FJCTS
(2). Relator ccn~ends that a jurisdic~ion error can beiraised a~ anytime.
relator seek to be release from a illegal judgement and sen~ence for fifty
years that is nulled and voided and the indic~ment in cause N0.#02F0236-102
waB illegally return by the district Attorney or his Assistant District Atto~r'!i
rney•s. Without a criminal complaint tha~ does no~ e~is~ in the records and
nor was there any criminal compl~int emkraced in the transcrip~ on appeal.
See realtor's trial court records in T/C N0.#02F0236-102. See also rela~or
::lJ?l::aals col~.rt :c·2:~crr:r.:i iY1
ap~E·~:ls court records in 06-03-00172-CR. See the opinion in Wilson v. State
139 SW3d 104(Tex~App.Texarkana 2004).
"STATE COURT RECORDS"
Relator's Wilson available state ccur~ records ~as previously been for-
warded to this cour~.
[STATEMENT OF FACTS]
The responde·n~s court of appeals summarzed ~he fac~s ,as follows: A jury con-
victee Charles Clay Wilson of Aggravated Assaul~ arising from a male among
inmates at a prison facility during which charles Clay Wilson allegelly
surposely stabbed Charles Warner several times. Wilson's punishment enhance
by prior convictions was set by the jury at fifty years confinement.
Wilson's court appoin~ed attorney at trial and on appeal on behalf of rela-
tor or.ly cc:ntention on appeal is that the ev·i,clence is legally and factually
insufficient to support the conviction for aggravated assa~lt bec~use it
does not show ~he-conviction for aggravated assault because it does not
show that the injuries suffered by War~er constituted serious bodily injury.
A person committs aggra~ated assault if the person commits an assault and
the person cause serious bodily injury is defined as among other bodily
injuryethat creates a substantial risk of death. Tex.Pen.Cod.Ann.§lOQ7 (A}
(46)(Vernon's SUPP.2002).
The respondent affiated relator· conviction~ for fifty years cited in Wilson
v. State, 139 SW3d 104(Tex.App.Texarkana 2004). Rela~or court records clearly
show that the relctt'or was nc·t legally charged with the criminal offense of
aggravated assault since there's no cr~~~ble person exist and no person
~ppeared before the District Attorney and swore out any affidavit criminal
accusation cc·mplaint or a criminal complaint. The State prosecutor is proh-
ibited by the legislature precluded-a prosecutor from presenting a i~forma-
tion "Until Affidavit has been made by some credible person charing the def-
endant with an offense" And also mandated the affidavit shall be filed with . ·.-· ..:
the information; Article 21. 22 Supra.·
Such an affidavit is course a complaint wi~hin the meaning of Article 15.04
V.A.c.c.P. In other words a Prosecutor Attorney is not authorized to inst-
itute prosecution in the county or District Court upon his independent act
or of his own volition.
Kennedy v. State, 161 Tex.crim. 303 SW2d 291(1955t Opinion onnmotion for
rehearing at 664). The Prosecutor indicted relator in c~use NO.:fi:02F0236-102
w~thout a complaint being legally filed there is no Criminal ccmplaipt filed
in the court records nor is there any Crimmnal accusation complaint or
Criminal complaint embraced in the transcript on Appeal which violate Compos
s
·v. State, 141 Sw2d 344(Tex.Crim.App.l940).139 Tex.Crim. 411; Humphrey v.
state, 99 S.W.2d 600(Tex.Crim.App.)l31 Tex.Crim.383.
Relator is being illegally restrained at his liberty by the respondent
eourt of appeal herein after referred tc as "Respondent" without juri~diction
.or charge being properly filed in any court of jurisdiction.
REASON RESTRAINTS IS ILLEGAL
Relator res~aint is illegal as no person has made a criminal accusaiion
against relator which is ne,cessary to render the state jurisdiction.
ARGUMENT IN ST.::PPORT OF WRIT OF MANDUMUS
Relator has been mctde to answer for an infamous crime which nc, one has accu
sed him of committing. Therefore, the st:ate of Texas is n'stricting him at !11;,-
hls liberty without authority or jurisdiction .
Relator was chargee by indictment in cause N0.#02F0236-102 and a warrant
issued from the District clerk however is no complaint in the co~rt•s record
to support the warrant and nor the indictment in #02F0236-102.
The current cause raises significant q\:.estion about how the grand jury came
to indict relator in this cause was initiated by the grand jury, what reasc'n
or person had personal knowledge that relator committed some tr~me and by
what method does that person avoid the civil duty of filing a proper crim-
inal accusation? Relator futher contends that that "If. the grand jury did
not come by the knowlegge on it's own but by way of the Prosecuting Attorney
then the prosecutor must be viewed as the a~cuser. However,such wo~ld create
an untenable conflict. In Peter B Peterson v. State,of Texas(l2/20/89).
1989.Tex.41854; 781 S.W.2d 1933.
THE COURT HELD:
"An information is a primary pleding inaa criminal action on the part of
. the state" Article 27.01 v.A.C.C.P.;Awritten pleading in behalf of the state
drawn filed and presented by a prosecuting attorne¥ charging an accused with
an offense that may be prosecuted under the law. Article 21.20 V.A.c.c.P.
tn order to protect it's citi~ens from the inheren~ dangers arising from the
concentration of power in anyone individual". Kennedy v. State,l61 Tex.Crim,
303, 276 S.W.2d 291(1955) Opinion on motion for rehearing at 664).The.legislat-
ure precluded a prosecutor from presenting an information "Until affidavit
has been made by some credible person charging the defendant wi~h an offensev
And also mandated. The affidavit shall be filed wi~h information""Ar~icle 21
21.22SUPRA. Such an affidavit is of cou~se a complaint within ~he meaning of
Article 15.04 V.A.C.C.P.
In other w0rds a prosecutor attorney is no~ au~horized to institute prose-
cutionssin the c~unty or District Court upon his independent act or of his or
her own volition. "Kennedy v. S~ate,SUPRA, at 294.0ne may not be both the ace-
iiser and the prosecutor is rr'~sdemeanor of felony cases. "Well v. State, 516
S.W.2d 663,at 644 Tex.App.l974".Coropare Glass v. State, 162 Tex. Crim. 598, 288
S.W.2d 522); Catching v. State, 162 Tex.crim. 342, e85 SW2d 233 a~ 234(1955).
Relater cc·n~ends thc,t "If the indictment is to be cc•r"sidered the, charging
instrument. Where is ~he jura~?
If the inc.iic~men~ is to be cc·nsi dered the charging ins~rument', whe·re is ~he
jurat? The' indictment' is n;erely a presentmer:t by the c;:;rand jury. Cm:•sequent:
.·
to a v-erifiee criminal accusa~ion. So whose c::ffirmation is verifiee on that
primary accusa~ion?
Tn State of 1exas v, Carroll Pierce ~he cour~ held: A valid comp~~~n~ is a
pr~requisite to a valid information, Holland v. S~ate, 623 S.W.2d 651,652(Tex.
crim.~pp.1981) Without a valid complaint the informatioj is wor~hless.Williarn
v. State, 133 Tex. Crim. 39, 107 SW2d 996,997(Tex.erim.App.1937). A~jura~ is
the ce·rtificate of the officE·r before -whom the cc,mpiaint is made ste~ing tha~
it wassworn to and subs~ribed by the applican( before the officer. Carpenter
v. st:c.t.e, 1'53 'l'ex.Ct·im. 99, 218 Sw2d 207, 208 (Tex.C:rinl,App.l949).
~ jurat is esseniial, for with it thE! complaint is fatally defective and will
not Euppor~ a~ inforroa~ion. Shackelford v, S~a~e. 516 SW2d 180{Tex.Crim.App.
1970).
ThE~ jurat: must ee ciat:ec and signed t•y the c,fficia! charac~er See 22 'l'ex. J'lir
3d,criruinal law sec~ion 2266 a~ 490. Thus a coroplain~ n0t sworn ~o before any
official or person in au~hority is insufficieni tc cons~i~u(e ~ basis fer a
vali6 convict:ion. Ntchole v. st:ate, 171 'l'ex.Crim. 42, 344 SW2d 208{Tex.Crim.
App.1961) {Citing PurC'ell v. State, 317 SW2d 208{Tex.Criro~~App. l95$~;See:' also
Fldddge v. Stat.e, 5i':L SW2d 716,717 n.l{Tex.Crirn.~pp. 1978); w"heeler v, State
17:L Tex.Crirn. 21,353 SW2d 463{Tex.App. 1988,NO PET). Even where the jura~ on
the complain~ reflects ~ha~ i~ was sworn to before a name person to ac~, the
ccrr•plaint is void.
Johnson v. State, 154 Tex. Crim. 257 SW2d 644{Tex.Crim.App. 1950);Smola v.
State, 736 SW2d 265,266{Tex.App. 1987,NO PET).
The complaint is also void where ~he jurat ccn~&ins no signa~ure cut only
shows the office "Such as County A~~orney of Jones County, Texas". Carter v.
State,398 SW2d 290 {Tex.Crim.App.l966), when a jurat s~ewed ~hat ~he complaint
had been sworn .to before "Lavern I. McCann, Hockley County, Texas", The compl'=" 1. ·
aint was insufficient to support the informa~ion. Carpenter 218 S.W.2d at 208-
209, in the ~arly cases of Neiman v. Sta~e, 29 Tex. Civ.APP. 360,16 SW2d 2~3(
(Tex.Crim.App.l891).
The complaint was sworn to before "WM. Greer J.P." itnwas held that the let-
ters "J.P." an official who had the authority to administer the oath".
When a jurat on a co~plaint show that the oath was administered to the relator-
JI.pplicant by a party designed as ccunty attorney but who is reality is an ass-
istant county attormey, The complaint is void. Thomas v. State, 169 TEX.CRIM.
369,324 SW2d 291, 292{Tex. Crim. App.l960_; Also see Aleman v. State, 162 Tex.
Crfm. 265,284 SW2d 719{Tex.Crim.App.l956)'Stalculp v. State, 99 ~ex.Crim. 279,
269 SW~d 104~,1045(Tex.crim.App.l925). When the assistant or deputy is auth-
orized by law to administer the oath himself he may .not administer i~ in the
~arne of his principal and may not certify that ~he printipal admini~tered
the oath by and through him as an assistant. Goodman v. Sta~e, 85 Tex. Crim.
279, 212 sw· 2d 17l(Tex.Crim.App.l919) State of Texas v. Carroll Pierce(09/
25/9l).Tex.41404, 816 S.W.2d 824.
. . .
If the instrument was prepared and presented to the grand jury by the pro-
secutor. Who then is the accuser and by what authori~y did the prosecutor
initiate a prosecution by present of an indictment to the grand jury? To
~~8i8 situations were the s~ate stands as both accuser and prosecutor proced-
ures were put into place directing the grand jury in how it would proceed. In
the current cause, these procedures have been abridged in such a fashion so
as to deny the accused in his right, specifically ~o deny relator-applicant
in his right to know and face his accuser.
THE TEXAS CONSTITUTION
ARTICLE l~'BILL OF RIGHT
~ECTION 10-RIGHTS OF ACCUSED IN CRIMINAL PROSECTIONS
In all criminal prosecutions the accused shall have a speedy public trial by
an impartial jury. He shall have ~he right to demand ~he nature and cause of
the accusation against him and to have a copy therepf. He shall not be comp-
elled to give evidence against himself,and shall have theright of being heard
by himself or counsel or both. Shall be confronted by the witness against
him and shall have compulsor v. process for obtaining witnesses in his favor.
Except that when the witness reside out of state and the offense charged is
a voilation of any of ~he Anti-Trust Laws of this State. The defendan~ and
the state have the right to produce and to have the evidence admitted by dep-
osition under such rule and law as the legisla~ure may hereaf~er provide; and
no person shall be held to answer for a criminal offense,unless on an indmct-
ment of a grand jury exce~tt.in cases in which the punishment is by fine or
imprisonment. Other wise tha~ in the penitentiarys in cases of imprisonment
and in cases arising in the army or navy or in the military when in actual
""
!o
service in time of war or public danger.(Amended Nov 5,1918).[Emphasis Added].
And to deny Relator-Applicant opportunity to head off this whole process throu-
gh the presentation of Exculpatory evidence at the proper examing trial. An
examing trial is defined by the Texas code of criminal Procedure by Article
2.11 as follows:
TEXAS CODE OF CRIMINAL PROCEDURE BY ARTICLE 2.1i [35] [62] [63] Examing Court
when the magistrate sit for the purpose of inquiring into a criminal accusa~ion
tion ~gainst any person, this is called an Examing court.
Relator?APplicant has been indicted yet no one has made a criminal accusation
against him: No credible person has presented any criminal accusatiD@n to any
magistrate; and no court clerk ever received any criminal accusation against
relator-applicant from an examing court. Neither has any clerk kept said
complaint and other documents has in said hearing safe and delivered them to
the next Grand Jury.
In the TDCJ-INSPECTOR GENERAL INVESTIGATION DIVISION it conductedaa inproper_
investigation by Julian Compos In case NO.#Ol-0341 ~DCJ unit of Telford,
Julian Compos submitted what is referred to as a"CASE DISPOSITION" to Bobby
Lockhart Bowie County District Attorney's Office who attempted to file crim-
inal €b~~ges against the relator-applicant Charles Clay Wilson,charge with
pc.22.02. This case disposition document failed to show that it was sighed
by a tragistrate Jucige to show probable cause to bring relatorf;'applicant to
justice .. Tex.cod.Crim.Pro.Article's 2.03, 2.04, 2.05 29,35,36, 21.22,21.20,
27.01 16c.c.p,
"If the offense be a felony he shall forthwith file the complaint ~ith a mag-
istrate of the county,However in the felony complaint and affidavit is all
along and not any other affidavit giving support valid its of the affidavit
corrplaint information. Holland v. State, 623 S.W.2d 651(Tex.crim.App.1981)".
Article 20.19 Texas code of Crimina!lprocedure instructs the Grand Jury as
Follows:
(
T~xas Code of Criminal Procedure Ar~icle 20.19 [391] [442-443] Orand J~ry
shall vote. After all the tes~imony which is accessible ~o the grand jury
shall have been giving in respec~ to any criminal accusation, the vote shall
be taken as to the presentment of an indmctment, and if Dmme memcers con-
cur in finding the bill. The foreman shall make rr,emorandum of the same
with su~h data as will enable ~he attorney who represents the state to write
the indictment.[errphasis added] by what legal mechanism did the grand jury
vcte on a non-existent criminal accusa~ion? An examination of ~he code will
reveal no other method of bringing an indictmen~.
This power of the grand jury to act without a criminal accusation has the
effect of circcmventing criminal procedures car~fully crafted by the legis-
lature and c6dified in chapter 16 Texas Code of Criminal Procedure.
Specifically, by branted this implied power to the grand jury,Relator-App-
licant is denied in his right to an exawination into the sufficiency of th~
allegation before he be subject to answer to an infamous allegation.Surely
this practice of indictment without criminal accusation cannot be based on
past practice or some assumption of implied power. In Thomas v. Stater.· the
cocrt held:
''A matter not included within a penal s~atute should not by judicial const-
ruction be read in~o it because in so dcing the judiciary would unsurf the
functions of ~he legisla~ure. The legislative intent should be ascertained
from the words of the act itself".H.R Thomas v. state, 129 TEX.CRIDM. 628,
at 632: 91 SW2d 716:1935 Tex.Crim.Ap~-557.
If the statute are read and followed, there is no reemo~or assumption or
implication. The statute creat a corpus juris which stipui~tes a procedure
designed to insure a criminal complammt is always present as the primary
pleading in a criminal cause, an information is always property prepared,
/2-
~-.. .
. - -
and both are presenteootohtheoc0urt having jurisdiction and the grand jury.!N
Mallory v. T_T: S. the court held~ "'T'he awful instrument of the criminal law can
not be entrusted to a single functionary.'T'he €Omp1icated process of criminal
justice is therefore divided into different parts.Responsibility for which is
separately vested inbthe various participants upon whom the criminal law rel-
ies for it vindication."Mallory v. U.S,77 S.Ct-1356, 354 U.S.449(U.S 06/24/
1957).rt seem in the instant cause the grand jury voted without securing the
jurisdictionprovided by a criminal accusation-When the foreman of the grand
jury requested an indictment be drawn up,the prosecutor has a clear duty to
advise the foreman of the need for a proper criminal accusation.Also he was
certainly by the request Lo prepare anindictment and evidence tohim
made known that a public official had violated a 1 a-:! ro1::~t-.fnrt
_ _ _ _ _ _ .... ::1
office.
Artic1e2.03 Texas C.C.P. clearly directs the prosecuting attorney in these
matters as follows: TEXAS C.C.P. Ar~. 2.83[27][33][34] neglect of duty (A).It
shall be the duty of the attorney representing the state to present by infor-
mation to the court having jurisdiction,any officer for neglectior failure can
be presented by information, wnenever i.t: shall come to the knowledge of said
attorney that there has been a neglect or failure of duty upon the part of
said officer and he shall bring to notice of the grand jury any act of viol-
ation of law or neglect or failure of d!Jt:y upon t."he part of any officer. When
such violation neglect or failure is not presented by information and whenever
t"he same may come to his knowledge. I assert t"he forman of the grand jury is
giving NO SPECT:z\l. POWER to act outside statutory boundaries. When the forman
made it known to the prosecuting attorney that a crimenbad been committed,he
did not do so ·in some implied special capacity, but rather as a singular cit-
izen. The grand jury could not"find the bill" as there was no criminal accu-
sation on which to vote.So when the forman made notification to the prosecu-
ting attorney that a crime has been committed,the prosecutors duty was clear.
··:-<·
As no court was ever been notified that a crime has been cc~mmi tted. The pro-
secutor had a clear duty to ~ake a criminal complaint. from ~he foreman of
the grand jury, some grand jury member or any other credible person having
knowledge or reason to be1ieve a crime has been committed.
He was then commanded by article 2.04 Texae Code of Criminal Procedures as
follows:
Texas Code Criminal Procedure Article 2.04 [28] [34] [35] shall draw complaint.
upon complaint being made before a distric~ or coun~y attorney that an offense
has been committed in his district or ccunty, he shall reduce the complaint to
writing and caus~ the same to be signed and sworn ~o by~the complaintant,and
it shall be duly attested by said attorney.
He was then required ~o act in accordance wi~h ar~icle 2.05 Texas Code of
Criminal Procedure:
Texas Code of Criminal Procedure Article 2.05 [29] [35] [36] whencomplaint
is made~ If the offense be a misdemeanor, the at~orney forthwith prepare an
information based upon such coroplaint and file ~he same in the coirt having
jurisdiction; provided that in coun~ies having no county attorney. Misdemeanor
caees may be tried uponncomplalnt along wDthout an information, provided,
however in counties having one or more criminal district courts an information rr
must be filed in each misdemeanor case. If the offense be a felony, he shall
forthwith file the com~~aint with a magistrate of ~he county.
With no proper criminal accusation in the court record there is no accused
and the court is without jurisdiction over applicant. In William T. Gholson
the court held: Therefore it is the complain~ along, and not any other affi-
davits given in support o~ arrest or search warran~s which determines the
validity of the information.
Holland·v. State, 623 S.W.2d 651 (Tex.Crim.Ap~-1981)
William T.Gholson v. State Texas (6/23/83)1983.Tex.41167; 667SW2d 16.
I-
See also,J.W Winans v. State:
Opinion:
Graves,Judge--The offense chamed is for violating the local option liquor
laws, the punishment assessed being a fine of $300.00.
The record is before us without a complaint being incorporated therein. We
have herefore held that a complaint being or is necessary in order to confer
jurisdiction upon the county court. See Art. 415 C.C.P.:
McQueen v, State,N0.1952l.Opinion this court handed down [page 74 of this
volumeJ and Olivares v. State, 76 S.W.2d 140.
The Judgement is reversed and prosecution ordered dismissed ~***2] J.W Winans
v, State, 135 Tex.Crim. 102:and Olivares v. State.
Hawklns,Judge--conviction is for operating a commercial motor vehicle which
was over the gross weight permitted by law. Punishment was assessed at a fine
of twenty-five dollars. The information fo~nd in the record recites that it
is based upon the affidavit of a named p~rty,which affidavit is "Here to
attached and made a pa~t hereof." There is no complaint attached to the inf-
_crm~tion,or if so, it is not shown from the record,and no complaint appears
anywhere in the record before this court. In such condition no jurisdiction
is shown in the county court. See Art. 415 c.c.P(1925):Wadgymar v. State,21
Tex.Crim. 127,119 SW2d;Day v. State, 105 Tex.erim.117, 286 S.W.2d 110~7.
Other authorities are annotated in note 5 under said art. 415, vol.l vernons
ann.Tex.c.c.P. No complaint appearing as a predicate for the information, it
will be necessa~y for this court reverse and direct the dismissal of the
prosecution.
I. Olivares v. State, 127 Tex. Crim. 316; 76 S.W.2d 140;1934 Tex.Crim.App.Lex.42
This practice of allowing a grand jury to act witho~t a criminal complaint.
z_
Then a11owin9 prosecutors to ignore the clear requirement of Art.2.03,2.04,
and 2.05 Tex.Cod~Crim.Pro.However lo~g it may have been practice, is simply ~ct
not in compliance with statutory stipulations.
13 AM Jru Proof of facts 3d.21
''Without having been directly authorized,tacitly encouraged, or even inadequ-
ately trained, police officers, like other public employees, may fall into
patterns of unconstitutional conduct. This can result from a variety of fac-
tors not sufficiently traceable in origin tc any faul~ of ''Municipal Policy"
in the monell sense (Monell v. Dept of Social Services (1978) 436 u.s 658
and Soell v. McDaniel (1987 CA 4 NC) 824 F.2d 1380).
If these unconstitutional practices become suffiiiently wide spread,however,
they may assume the quality of "Custom or usage" which has the force of law."
(emphasis added). I find nothing in law to supper~ the notion the legislature
intend to dispense with the primary pleading in felony cases. I find much about
the criminal accusation properly presented by ~orne credible person, as being
simple document upon which jurisdiction lies,in J.M Thornberry v. State
ccurt held:
i "Winkler J. from all we can gather from the transcript of the record the inf-
ormation upon which the appellant was tried and convi.cted was filed .without
any written affidavit that any offense ag~ins~ the law had been committed by
the defendant; and without this the information was worthle~s insufficient to
support a conviction."
"The bill of rights declares,amcng other things, that NO WAR~ANT TO SEARCH
any place or seize any person or things shall issue without describing them
1 as near as may be nor without probable cause. Supported by oath or affirmation."
Const. Tex. Cod. Cr.im. Pro. Art. 1. sec9. This declaration being amc•ng high powers
excepted out of the general powers of government, is placed beyond the control
of courts and legislatures" J.M. Thornberry v. State, 3Tex.Ct.APP.36:1877
Tex.Crim.App.202(emphasis added).
The indictment cannot be the sole sc•urce of jurisdiction as the grand jury
is instructed to vote on a criminal accusation. The prosecutor will argue
that the grand jury is specifically given the power and duty to investigate
into matters. Texas Code of Criminal Procedures Art. 20.09 [38] [432] [420]
duties of grand jury. The grand jury shall inquire into all offenses liable
may have knowledge,or of which they shall informed by the attorney representing
the State or other credible person.
While the grand jury is giving the authority to act as criminal investigators,
nothing extends that permission to acting against a person absent a proper
criminal accusation. While a prosecuting attorney is specifically forbidden
to swear out a criminal complaint. Nothing so restricts a grand juEy member
like any other criminal investigator. If a grand jury me,mber come to know-
ledge that some person has committed a criminal act. That member has the same
civic duty any other citizen has to report the crimeb~y verified affidavit such
such that the accused may be brought before some magistrate and the allegation
examined in accordance with the practices, procedures and protect&ons conta4ned
ined in Ch~pter 16 Code of Criminal Procedure. This is made even more certain
by article 20.22 Tex.Cod.Crim.Pro.: Texas Code of Criminal Procedure art.2Q.22
[394] [446] [434] presentment entered of record.
The fact of presentment of indictment by grand jury be entered upon the min-
utes of the court. If ~he defendant is in custody or under bond,nothing bri-
efly the style of the criminal action and the file number of the indictment
and the defendant's name. If the defendant is not in custody or under bond
at the time of the presentment of indictment the entry in the minutes of the
court relating to said indictment shall be delayed. until such time as the cap-
ias is served and the defeoaanttis·placed in custody or under bond(emphasis
added). Since the capias is a form of warrant, it cannot issue absent a pro-
per criminal accusation in the ocurt record. The legislature never intended
any person be indicted until such time has he had opportunity to defend him/
herself at an examining trial. By this restriction indictment by ambush as
this one certainly is, would be avoided. Such power to act absent the due
course of laws, not specifically given may not be assumed or impl~ed. When
~~~
the grand jury attempted to indict applicant-relator with no criminal accu-
sation on which to vote, it was the duty of prosecutor to so advise them that
they were without jurisdiction absent a criminal accusation. That Bowie
County District Attorney Bobby Lockhart either in person or through one of
his functionaries, refused to advise the grand jury of something so basic
to jurisdiction as a proper criminal accusation may not be considered mere
oversight. Having knowledge such a procedure would have the effect of denying
relator applicant in his statutory and constitutional rights, which would
most certainly have the effect of irrevocable harming him.
It was the duty of the prosecuting attorney upon being made known in any mat-
ter that a public official have violated a law relating to his bffice. To
prepare a complaint have sworn to by the foreman of the grand jury, a grand
jury member, or any credible person having knowledge or reason to believe a
crime has been committed by the accused. He then had a duty to reduce the
complaint to an information and submit both the clerk of the court having
jurisdiction that the accused may have opportunity to be brought before said
court in and a proper examining trial held. As the prosecutor went ahead and
prepared an indictment without securing a complaint, it must be presumed he
acted willfully for the purpose of denying relator-applicant in his rights
carefully crafted by the legislature and down in Chapter 16 Tex. Cod.Crim.
Pro.
The previous paragraph assumes the foreman of the grand jury petitioned the
prosecutoi in accordance with article 20.19. This assumption certainly begs
a question: Did the foreman of the ~~apd jury pe~i~ion ~he prosecutor after
a vote had been taken; or did the prosecutor prepare an indictment and pre-
sent it to the grand jury as a primary pleading in the case?
'!'his question bears directly on concern of the court expressed in Kennedy
v. State. The seminal case which strictly forbade the prosecutor from being
both accuser and prosecutor also addressed another concern:
"There is still another reason why we should net approve of the prosecutor
acting in this dual capacity. To do so would be rendering a great disservice
to the prosecuting fraternity. We know experience that a great many people
would like to see thier neighbor fall into the clutches of the law but are
reluctant to sign a complaint. To holffi~that the prosecutor might be both
accuser and prosecutor would s~bject him ~o the accusation of misfeasance
if he did not. accede to the wishes of these reluctant accusers.
''Wilma Hazel Kennedy v. State, 161 Tex.Crim.303, 276 S.W.2d 291;1955 Tex.Crim.
App.1397. Bring an indictment absent any civil righ~s protections afforded
the accused is an outrageous breach of the public trust. Had the prosecutor
acted in accordance with ar~. 2.03, 2.04 and 2.05 Tex.Cod.Crim.Pro. the
proseution would have been in no way jeopardized and relator=applicant would ha~
have had opportunity ~o exercise his rights. He would have been able to have
an examing trial before the case was presented to the jury. He may have been
able to an examing trial to present evidence the grand jury might not have
found in its inves~igation. That would demonstrate a to~al lack of probable
cause and relator-applicant has been subjected to a void illegal trial, and
judgement and sentence to 50 years in disgrace. We can't know this as the
presumed practices used had the effect of denying relator-applican~ in this
right and opportunity.This particular cause goes to the par~iculars of a
special statute. Article 2.03 Texas Code of Criminal Procedure stipulates a
practice outside the normal criminal procedure. It specifically directs ~he
}!!(,
prosecuting attorney in specific circumstances regarding public officials.
The duty required here is essentially the same as for crime by citizens, but
the legislature saw fit to take care to special errphasis on matters concern-
ing public officials. Therefore it should be read to mean precisly what it
states that the prosecuting attorney shall prepare an information. Even if
the court would read "SHALL" to mean "MAY" it would still be obligatory as
"MAY". Jeopardized and relator-applicant would have had opportunity to exer-
cise his rights. He would have been able to have an examining trial before
the case was presented to the grand jury. He may have been able at an exam-
ining trial to present evidence the grand jury might not have found in its
investigation that would demonstrate a total lack of probable cause and
relator-applicant would not have had to be subjected to a void illegal trial
and judgement and sentence for 50 years in disgrace since the s'ta734 S.W.2d 62-65
(Tex.App.Dallas 1987,pet,ref'd). And a order directing respondant to bring
relator before the court and show by the court records due cause as to why
relator is being restricted at his liberty;
A order directing of dismissal and setting aside the indictment in cause Mo.
# against relator and setting relator to his liberty unencumbered by any
restriction an order directing prosecutor to dismiss this case and the indi-
ctment be ordered dismissed with perjudice since the State prosecutor failed
to abide b~ article 2.03, 2.04 and 2.05 Texas Code of eriminal Procedure.
Wherefore premises considered. Relator respectfully asks if this honorable
jurists find that the respondant the court of appeals has over looked the
lack of the courts jurisdiction cited up above where thereis no record of a
criminal complaint embraced in the transcr~pt on appeal the State and the
trial court prosecuted relator without a criminal accusation complaint being
filed by a credible person who does not exist nor is there any record e~ist
relator is entitled to relief he cited up above in this prayer.
!0 "i'.J ,J/•
.Tpe ~erits is undisputable and relator respectfully reques~ this case be
d 1 ·~ -:' }. s ::; 7~ i) "" ..,.
dismissed with perjudice and relator be ordered discharge from illegal
custody by the TDCJ-CID executive director Brad Livingston be ordered to
release relator by said order of this court since this case hereby render
dismissed relator so moved and prayed for,.that in all things this petition
for Writ of Mandamus be granted.
R~ectfully Submitted,
f.~n~ LQ~~ J,'ilaiJ!YI
Charles Clay Wilson
TDCJ-CID N0.#521150
Wynne Unit
810 FM 2821
Huntsville,Texas 77349
Relator, pro-se
•
UNSWORN DECLARATION
Pursuant to the provision of title 6, Texas Civil Practices and remedies
code, Chapter 132§ 132.001 et.seg.,The following declaration is made under
the penalty of perjury.
I Charles Clay Wilson, Relator. TDCJ-CID N0.#521150 being at present con-
fined in the Texas Department of Criminal Justice Correction Institutions
Division, at the John M. Wynne Ur.,it l,oqated in Walker County, Texas by my
signature below hereby declare under penalty of perjury that the allegation
made in the petition for Writ of Mandamus to the best of my knowledge are
true and correct.
Executed on this the ~ th day of Se-1-e.m~er I 2015 AD.
Signed£:*' n~flo ~'-,..) 1Qum
Charles Clay Wil on-Relator Pro-se
Certificate of S~rvice
I,Charles Clay Wilson,Relator,TDCJ-CID N0.#521150 by my Signature below cert-
ify that the original copy of the petition for Writ of Mandamus on the date
below was sent to the clerk of the court of criminal Appeals for Texas, by
United States mail.
~~
Executed on this the
th day of :)~~\a~ I 2015 A. D.
signed c~ f~LA)~
Charles Clay Wilson
Relator, Pro-se
IZ