Informed
Citizens

PLEADINGS FILED IN THE FIFTH CIRCUIT

In Case no. 96-2556 vs. The State of Texas and Harris County Texas, et al.

Informed
Citizens

To date this nation, by and through it’s Courts, has refused to impose any punishment, civil or otherwise, apply any deterrent, for the unlawful acts of the defendants, and the entities they work for, that TOOK from Heimlich what was his by the RIGHTS secured to him by the Constitution as the Supreme Law of the Land. The Courts have, in contrast, encouraged them to repeat the crimes they have committed and encouraged others in similar positions of trust to do the same. The Courts have even went so far as to join the conspiracy in a cover-up by utilizing vague language, hypocritical arguments, and placing subordinate procedural policy of court rules and obscure stare decisis above the Constitution in the hierarchy of Laws to the extent the Constitution has been rendered “frivolous”. That is an abuse of discretion.

If there are no constraints on the judiciary under the Constitutions the question is not one of whether substantive rights of a sovereign were violated but becomes, rather, a question of whether the individual has any rights at all with the Constitutions as the Supreme Law of the Land. Without recognition of Substantive Rights; errors, although “plain”, can then be dismissed as not sufficiently plain or not made plain enough by the victim. Arguments of the victim, although clearly supported by the Constitutions, can then be deemed frivolous. The Constitutions and the laws created under the Constitutions will, for all practical purposes, no longer exist. Law will have been effectively deemed “frivolous”. What is presumed to be law will have been reduced to arbitrary and capricious acts of power for power’s sake.

Texas asserts that the policy of this Circuit provides this absolutism has been passed down to the level where it provides absolute, unbridled, despotic powers of discretion to un-elected deputy constables, or un-elected assistant district attorneys of a county, to act as legislator in the creation of laws! With the support of the absolute, unbridles, discretion of a state judge they are allowed to also be the executioner in the enforcement of these arbitrary and capricious unwritten laws of convenience without any recourse available to the victims of their abuse. In the final analysis the law has become the opposite of it’s intended purpose!

It is too late for complete justice. The purpose of this appeal is to give justice to the law. The interest of justice will never be served until Heimlich has received some of the just compensation to which he is entitled as a Substantive Right under the Fifth and Fourteenth Amendment pursuant to USC Title 42 by this court of appeals, the U.S. Supreme court, or a Court of International Law.

Motions

Victim's Brief

Brief of The State of Texas

Brief of Harris County

Victim's Reply Brief