INFORMED CITIZENS
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INFORMED CITIZENS &
CITIZENS UNITED 4 ACCOUNTABLE GOVERNMENT
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A Resolution Pursuant to 51c of Article
III of the Texas Constitution
Whereas; Article III of the Texas Constitution,
Sec. 51-c.
Is titled:
AID OR
COMPENSATION TO PERSONS IMPROPERLY FINED OR
IMPRISONED, and provides as follows:
The Legislature may grant aid and compensation to any
person who has heretofore paid a fine or served
a sentence in prison, or who may hereafter pay a fine or serve a
sentence in prison, under the laws of this State for an offense
for which he or she is not guilty, under such regulations
and limitations as the Legislature may deem expedient.
Whereas; Edmund
Bryan Heimlich is a person, and citizen of Texas.
Whereas; The
Texas Court of Appeals for the 14th Supreme Judicial
District, of public record as
cause no.
14-95-01369-CR, found
Edmund Bryan Heimlich to be not guilty of the charge for which he was
fined and served a sentence in prison.
Whereas; the facts and law of the case, of public record and
adjudicated, prove the charge, the fine, the imprisonment suffered by
Edmund Bryan Heimlich was improper. In addition to the trial record and
the adjudication of the case in cause no. 14-95-0136-CR, the Civil
Proceedings that followed in The Texas Court of Appeals for the 3rd
Supreme Judicial District of public record as
cause no. 03-02-00151-CV
found the charge, the fine, the imprisonment, to have been improper and
that compensation is due pursuant to the takings clause, Section 17,
Article I, of the Texas Constitution.
Whereas; The
Final Judgment in District Court for the State of
Texas, 353rd Judicial District, of public record as
cause no. GN 100142,
found the property loss suffered by Edmund Bryan Heimlich as a result of
the taking, damage, and destruction done to his private property at the
hands of the State of Texas in the course of the taking, the improper
fines, and the imprisonment require compensation in the amount of
$660,605.74, plus post judgment interest at the rate of 6.5% per annum
from the date of October 3, 2005 until paid.
BE IT RESOLVED BY
THE LEGISLATURE OF THE STATE OF TEXAS,
The
Final Judgment of
record October 3, 2005 in Cause No. GN 100142 entitled Edmund Bryan
Heimlich vs. The State of Texas, by and through Greg Abbott, the
Attorney General, be paid out of the sums of money appropriated to
General Revenue Fund Account No. 0001 in the HB _____ and/or SB ______
for payment of itemized claims and judgments plus
interest, if any, against the State of Texas.
Additional Security of the foregoing Right
to Restitution is found in our supreme Law of the Land
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