Thomas Richie McBride v. Texas
[ Illegal/Void 1984 Sentence And Judgment ]
The questions presented here for the Court ,respectfully ,are possi
bly of first impression upon judicial proceedings brought to the Court's
attention on appeal of the state's conviction [:]
[1 ]. Does it constitute [ a mistrial ] on the trial of punishment —
where jury fail to deliver a verdict of either true or not true to
State's special pleas of a repeat-offender alleged and prosecuted
pursuant to Sec.12.42(c) of the Texas Penal Code Vernon's Ann.,
(West Supp.1984); and the trial judge fail to call the informal
and;incomplete verdict to jury's attention, executed the judgment
and sentence according to the informal verdict delivered by jury,
and dismissed the jury without requiring jury to deliver a verdict
resolving the State's special pleas of a repeat-offender [?]
[2]. Does such unusual and unaccepted course of judicial proceedings,
described supra under paragraph [1], offend petitioner's federal/
state constitutional right to have the. jury determine beyond a
reasonable doubt all the facts legally essential to determine his
1984 sentence; thus, offended the Sixth Amendment right to trial
by jury [?]
[3]. If thus the trial court proceedings described supra under para
graph [1] constitutes [ a mistrial ], does such mistrial —
* void the 1984 trial court jurisdiction to execute the judgment
and sentence in Cause No.32729[?]
* void the 1984 jury's sentence upon its inception in Cause
No.32729[?]
* constitutionally require the Court to dismiss the indictment
in Cause No.32729 for want of Due Process of l_aw[?]
• call on the Court to exercise its discretionary jurisdiction
to determine the just and legal redress duly in the Court's
oversight of the Due Process of l!aw[?]
[4]. Did the lack of a jury verdict of either true or not true to the
State's special pleas of a repeat-offender alleged and prosecu
ted in Cause No.32729 —thus:
• void jury's assessment of the punishment in Cause No.32729[?]
® void the trial court execution of the judgment and sentence in
Cause No.32729[?]
• offend the Sixth Amendment right to trial by jury and/or the
Fourteenth Amendment right to due process [?]
[5] .Does it offend the Due Process Clause and/or the Equal Protect
ion Clause of the Fourteenth Amendment to the United State's Con
stitution —where it is impossible for the court to legally ,duly ,
and justly determine whether petitioner's sentence ,[operating in
effect of substantial collateral consequences in real time suffer
ed by petitioner], is either valid [or] invalid pursuant to the
State's remote-laws applicable to the sentence and judgmentf?]
[ Sequential Finality Charge-Error ]
The questions presented here for the Court ,respectfully , are[:]
[1 ]. Does the judgment of the Austin intermediate court, delivered in
[03-1 9-00775-CR ], offend the Equal Protection Clause of the Four
teenth Amendment to the United States Constitution [?]
[2]. Does the judgment of the Austin intermediate court, delivered in
[03-1 9
Whether the trial court proceedings constituted a mistrial that voided the 1984 judgment and sentence