NOTICE OF LACK OF JURISDICTION DUE TO FAILURE OF MAGISTRATE TO COMPLETE DUTIES

Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT

                                                            §            

VS.                                                      §          ________________________________________                                                               §                    

____________________________   §           __________________ COUNTY, TEXAS

NOTICE OF LACK OF JURISDICTION DUE TO FAILURE OF MAGISTRATE TO COMPLETE DUTIES

Notice is hereby given of failure of the magistrate for this case to complete duties imposed upon him by the Texas Code of Criminal Procedure.

1. __________________________ (the Accused) signed a promise to appear before a magistrate as provided by Texas Transportation Code Section 543.006.
2. For all purposes here, __________________________ and __________________________ are the same.
3. Texas Code of Criminal Procedure Chapter 45 fails to provide for an appearance before a magistrate.
4.  The Accused previously appeared with the expectation of having an examining hearing by the magistrate according to the provisions of Chapter 15 of the Texas Code of Criminal Procedure.  In particular he was expecting to receive the warnings of Article 15.17 and an order stating when and where to go to court for arraignment.
5. Observation showed that proceedings in the court were conducted according to the procedure of Chapter 17A, being the procedure for corporations and associations.
6. Examination of the records held in the file for this case fail to show a written order signed by the magistrate ordering the accused to appear for arraignment as required by Article 15.17, but the judge did require a plea in a manner consistent with Article 17A.07 even though no jury been empanelled or waiver of trial by jury made as provided by Article 45.023.
7. Examination of the records held in the file for this case fail to show that the papers for this case were transferred by the magistrate to the proper clerk as required by Articles 17.30 and 17.31, but which is not required by the procedure provided by Chapter 17A for corporations and corporations. 
8. A summary of procedure for a defendant who is not a corporation or association relevant to this case was provided to the Court by the filed Notice of Process from Citation to Arraignment.
9. Proceedings in this case have thus far been conducted under a presumption, known by the prosecutor to be false, that the defendant is a corporation or association.
10. The Accused has filed his affidavit denying that the defendant is a corporation or association.
11. Process due to a defendant that is not a corporation or association has not been followed in this case.
12. Jurisdiction of a court depends upon it maintaining due process.   Tex. Const. Art. 1, Sec. 19; U. S. Const. Amend. V and Amend. XIV.
13. The attorney representing the State may dismiss a criminal action. CCP Art. 32.02.

Respectfully submitted,

_____________________________

          

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via delivery conformation, hand delivery or fax on this ______  day of ________________________, 201__.

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INSTRUCTIONS

This document is only filed after the first hearing before the judge and only if the judge does not follow the direction claimed in the pleading. This document is filed as another means to appeal showing the error of the judge not following due process.

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Line 6: Put your name in Upper and Lower Caps.

Line 7: Put your name in Upper and Lower Caps.

Line 8: Put your name in all Upper Caps.

Line 9: Sign your name on the line, then below that print your name in Upper and Lower Caps then below that print your address.

Line 10: Put the numbered date.

Line 11: Put the Month.

Line 12: Put  the number to create the current year like 2013.

Line 13: Put prosecutor of the Court that is assigned to the case.

Line 14: Put the address of the prosecutor.

Line 15: Put the City, state and zipcode of the location of the prosecutor.

Line 16: Sign your name on the line, then below that print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.