Read Chapter 11 Texas Code of Criminal Procedure. It does not give the judge discretion to deny a writ. It says s/he must issue the writ.
seems you have at least 3 distinct concerns.
one is not knowing about the supreme court’s decisions that uphold people’s right to use their own cars on their own roads, and only knowing about their decisions underscoring the fact that we the people, via our legislature, have permitted corporate persons (which have no such rights) to use our roadways as a place of business, provided that they abide by our restrictive regulations and safety rules and so forth.
you appear to not yet realize that there is no such thing as “driving a motor vehicle” in a non-commercial capacity. the terms are strictly commercial because inherent rights are not abridged by statutes. rights cannot be regulated. when we read the opinions and holdings of various courts, we must keep this in mind. expansive definitions can only expand as far as the proper scope of the statute. no farther. 🙂
then there is the question of what “works”. you seem to be inclined to argue against the existence of a right based on your perception of whether that right would be respected. unfortunately, there is a chasm between what the law clearly, plainly says and what the courts repeatedly opine — especially the lower courts where traffic/transportation issues are dealt with, and where no precedent ever gets set.
you've seen me talking about "traction". often i avoid hashing out the nitpicking details of whether or not there's any thread of truth in a given approach (like the "not a person" argument). instead, i speak to what will get "traction". many of my previously shared messages may have been mass deleted by a rogue admin, but i think you have been around long enough (with a different username?) to know that i have already shared proof of wins openly AND that i don’t encourage anyone to go do something that i haven’t already done and found to not only be safe but also to get traction. for instance, i don’t encourage anyone to try winning based on the “right to travel” argument. i think it’s solid but in my own experience, it’s a waste of time and money and energy.
put it this way:
your power to prevent public officials from preying on you is predicated on your passionate and persistent pushback. it's a pain, but it's perfectly proper, and poignantly powerful. 🙂
do you know how to
do you know how and where to
you know where to find the relevant
you know the
you know what the
do you know how a case lawfully
are you intimately familiar with the rules of evidence?
you know how to act when the court has no authority?
you know how to hold your public officials accountable to the rule of law?
you know what to do, in court, when attorneys do wrong?
you know what to do, out of court, when attorneys do wrong?
you know what to do, in court, when judges do wrong?
you know what to do, out of court, when judges do wrong?
you know how to
you know how to
you know there are plenty of ways to win, even if the machine despises you as a nonmember of the bar and even if the inferior courts despise every right you have, including your right to travel?
have you spent time as a court watcher, in cases not your own?
have you made multiple requests for public records?
have you reported at least one crime?
if you find yourself answering "no" to even one of these questions, then i have some studying suggestions for you.
i submit that until you can say "yes" to them all, you're not ready to tangle with the courts and defend your rights -- you may as well just throw up your hands and declare that no such right exists.
The act of the judge exerting an authority he does not have does not stop being a crime just because the underlying prosecution was dismissed.
well, Irving only just dismissed the charges 2 days ago after I filed my appeal brief with the 5th coa. The other judge that denied the writ was in the county coa #1. the same judge Krystan Wade that denied my mandamus 3 or 4 years ago.
Your appeal was for your habeas corpus that was denied, right?
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