This Court has repeatedly admonished lower courts ' disregard of
constitutionally-secured rights with many decisions in favor of the 5th and 14th
Amendment rights of individuals to procedural due process and equal treatment,
insufficient anonymous tips violate 4th Amendment, protection of the 4th
Amendment against unreasonable searches and seizures is not limited to a situation in
which an individual is suspected of criminal behavior, the Fourth Amendment is
designed to prevent, not simply to redress, unlawful police action, arrest must stand
on firmer ground than mere suspicion and is the fruit of official illegality, arrests can
only be made on probable cause, searches conducted without a warrant fail to
conform to the Fourth Amendment and are unconstitutional, evidence obtained by
unconstitutional search is inadmissible and vitiates conviction, conspiracy is a
distinct evil, dangerous to the public and punishable in itself, judges cannot re-write
legislation, the Constitution is the supreme law of the land, all laws repugnant to the
Constitution are null and void, a lawyer 's special duty is to prevent and disclose frauds
upon the court, perjury is as much a crime as tampering with witnesses or jurors and
undermines the administration of justice, due process includes the court reviewing
the judgment to take into account and not disregard, relevant legal authority not
presented to or considered by court of first instance, Judge 's deep seated antagonism
towards accused, practicing law from the bench and litigating FOR the prosecutor
makes fair judgment impossible, and legislating lifestyle is not function of
government.
The Appeals Court 's judgment upholding convictions under Texas Penal Code
(T.P.C.) § 42.105 is catastrophic for holding that: Petitioner (or anybody else
charged under T.P.C. § 42.105) has no 4th Amendment rights to privacy on private
property, no 5th Amendment rights to due process of law and post-deprivation
remedies, no 6th Amendment rights to face their accuser or cross-examine witnesses,
no 8th Amendment rights to be free from cruel and unusual punishment
(overcharged, false charges, conceal and carry permit revoked), no 14th Amendment
rights to equal protection — all after conviction is obtained and upheld on police
opinion sans proof, and after being charged under a code that was not lawfully
passed. The questions presented are:
Is Texas Penal Code (T.P.C.) § 42.105 repugnant to the 1st, 4th, 5th, 6th 7th, 8th.
9th, 10th, 13th and 14th Amendments to the Constitution for the United States
needing urgent review by this Court for creating a conflict of laws by positioning the
State of Texas as the victim and the prosecutor at the same time ? Is this or is this
not arbitrary ?
Do the 5th, 6th and 14th Amendments prohibit or allow creation of statutes and
codes that make the state the victim and the prosecutor?
Does T.P.C. § 42.105 create a system of policing for profit?
Is policing for profit unconstitutional under the 5th and 6th Amendments?
Does policing for profit violate the Constitution for the United States?
Does the 6th Amendment secure the accused 's right to face his accuser as
opposed to a police officer 's "charges " based on opinion in the absence of a victim, a
grand jury indictment
Is Texas Penal Code (T.P.C.) § 42.105 repugnant to the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 13th and 14th Amendments to the Constitution?