Sunday, June 24, 2007

republic of texas: According to the Sentence Ramsey is to be Confined in Texas

republic of texas: According to the Sentence Ramsey is to be Confined in Texas

Former Raza Unida gubernatorial candidate Ramsey Muñiz has been transferred from a federal corrections institute in Three Rivers six months after arriving at the facility.

Muñiz, who ran for governor of Texas in 1974 and 1975 under the Raza Unida Party, was transferred from Three Rivers on Tuesday.

Mike Truman, spokesman for the Federal Bureau of Prisons, said Muñiz is being housed in the Federal Transfer Facility in Oklahoma City until he can be transferred to another facility.

Truman said he could not release where Muñiz would be transferred or when, citing security concerns. He also said he did not know why Muñiz was transferred.

Muñiz, 64, is serving a life sentence for three felony drug convictions.

The Three Rivers Federal Correctional Institute, 77 miles northwest of Corpus Christi, has been the closest the former Miller High School football star and local defense attorney has been to home since his 1994 conviction.

Under the banner of Raza Unida, a political party shaped and led by Hispanic activists seeking a political voice, Muñiz earned support from 6 percent the state's registered voters.

Muñiz's wife, Irma Muñiz, said she was surprised to learn of the transfer especially because senators, congressmen and civic groups have written letters to the Federal Bureau of Prisons on her husband's behalf.

Irma Muñiz said her husband had hoped to be housed at the Three Rivers facility because of its proximity to his family in South Texas.

Since he was transferred there in December from an institute in Colorado, Irma Muñiz has made frequent trips to visit her husband.

She likened Muñiz's transfer out of Three Rivers to the treatment of Hispanic Civil Rights figure Felix Longoria.

Longoria, a U.S. Army private killed on-duty in the Philippines in 1945, was refused a proper funeral in his hometown of Three Rivers because the only funeral home in town didn't allow Hispanics to use its funeral chapel.

Civil Rights hero Dr. Hector P. Garcia interceded and U.S. Sen. Lyndon Johnson arranged for Longoria to be buried in Arlington National Cemetery.

Joe Ortiz, League of United Latin American Citizens district director and national and state civil rights director of the American GI Forum, helped organize letter-writing campaigns when Muñiz was in Colorado asking for his transfer to Texas.

Ortiz didn't know about the transfer out of Three Rivers but said both LULAC and the American GI Forum will work toward getting Muñiz returned to Texas.

"We are going to petition our legislators to see if they can do anything to bring him back," Ortiz said.

Contact Adriana Garza at 886-3618 or

Posted by geomatica on June 21, 2007 at 9:47 p.m. (Suggest removal)

I am certain that Ramsey Muniz was falsely imprisoned, but no matter what you believe, he was and is a model prisoner, and it is a complete waste of taxpayer money to be moving him all over, when it makes the most sense for him to be here near his family. He didn't kill anybody, and his treatment has been nothing but inhumane. Something has to be done about the inequities in our prison system. His punishment certainly does not fit his supposed crime. When is his mistreatment and that of his family going to end?

Posted by colorderosa on June 22, 2007 at 9:13 a.m. (Suggest removal)

Only in America does a convicted murderer, chlld rapist, or other harden criminal walk free, while a supposed drug dealer gets life in prison.

Posted by sosiouxme13 on June 22, 2007 at 8:47 p.m. (Suggest removal)

In my opinion, someone convicted of dealing drugs, can be likened to a murderer...

Posted by dannoynted1 on June 23, 2007 at 5:25 a.m. (Suggest removal)

This is retaliation for the "scared status quo". They are afraid if he is in Texas he just might get out.

Only in Texas can this happen.

Eureka~ perhaps Jurisdiction resides in Oklahoma?

or is it Louisiana, where i hear Hayden Head is sending our Federally convicted non white americans as of late?.

Is that legal?
Why would you send a texan to another state unless you want to keep them from their family.

Posted by gmikedear1954 on June 23, 2007 at 3:44 p.m. (Suggest removal)

As a career Federal Agent living in Detroit, Michigan, I find it silly to deny this man the opportunity of being close to his family. As one person stated earlier that far worse criminals are given the option to be close to their family. Also, The whole war on drugs is nothing more than a farce to make contractors rich.

Posted by chuco11 on June 23, 2007 at 8:54 p.m. (Suggest removal)

Ram, you were the impetus for the movement that slowly is gaining speed. Maybe not in our lifetimes but down the road there will be Spanish spoken along with English in the schools, businesses and professional sports, to name a few, all across America not just Texas. "The Man" sees this and doesn't like it! But he can't stop the ineviteable. What was that old adage...."GOD grant me the serenity....... Irma, you are a model of a loving wife. All men should be this fortunate!

Friday, June 22, 2007

I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth

I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth

1. Appellant demands this appeal be abated and this court direct Appellant’s Attorney to represent her.

2. Appellant request legal representation as her request to oral argument is forbidden without it.

3. Appellant apologizes for any error committed as a Pro Se Defendant (Layperson) and for any reversible error committed; to be informed and given the opportunity to correct the error. Appellant at this late hour realizes she never signed the PDR she submitted and moves to correct at the Court’s discretion.

4. Appellant has had ineffective assistance of council. Jill Williams still represents appellant because she has never ask the courts permission in writing or in open court to withdraw. (List crucial periods without representation like when the state originally confessed) (error during the period immediately following submission to the clerk of the 13th COA until the Court began to consider it.) (See Letter from Attorney)

5. Appellant request this court order a TWC investigation into this “comedy of errors”, “confession of errors” and “peculiar circumstances”. In the Alternative it is requested that all TWC subject matter be forwarded to the appropriate entities, The Governor of Texas, the Attorney General of the State of Texas and the Texas Workforce Executive Staff.

6. Appellant request this court order both administrative and criminal hearings to assist fact finders in the imminent TWC investigation. See attached TWC letter dated June 20, 2007.

7. Appellant invites TWC to submit a friend of the court letter.

8. Appellant request this court engage the TWC and conduct a hearing on this matter before ruling on the motion for rehearing

9. The 13th Court of Appeals erred by excluding statements made on the (MFNT) record. The State did file a reply brief. This demonstrates that the court has not made its decision based on a whole record.

10. The Failure of the State to file a reply brief is treated as a confession of error per Siverand v. State 1. As grounds for this cause Appellant respectfully request this Court take Judicial notice based on intervening Supreme Court precedent per Saldano v. Texas, 530 U.S. 1212 (2000) 2 and grant this petition for discretionary review, vacate the judgment and remand the case for further consideration in light of developments during the pendency of this appeal. Specifically, it is requested this Court require such further proceedings (remand to trial court for the State to correct the error and file its reply) to be had as may be just under the circumstances.

11. The 13th COA erred in it’s ruling, “any opposing arguments are limited to those advanced by the State in the trial court”.

12. Appellant relies on the complete appellate record.

13. The 13th Court of Appeals made arguments on behalf of the state by technically censoring actual confessions of error in the Hearing on the Motion For New Trial. The confessions by the state are muted under the confession of error per Siverand Limiting the appellate record on behalf of the state to the trial court setting. Limiting the appellate record on behalf of the state to the trial court setting, the state’s side of the record that has vanished, when appellant relied on crucial testimony in the MFNT Hearing.

14. The 6th Amendment not a waivable right. It stands independent of ineffective assistance of counsel? The State needs to legitimize how State employee can be under subpoena as a witness for the State’s Adversary in a criminal proceeding and the state cannot compel her to appear. Then not file a reply brief in effect quashing the first opinion and censoring the confessions of error committed by the State during the Motion For New Trial.

15. The Failure of the State to file a reply brief is treated as a confession of error 1; in this case the States Confession of Error is a "fundamental error" requiring correction. Although this court “may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review” it may also remand for further consideration in light of the confession of error 3. From the beginning this case has presented a comedy of errors and in particular some very peculiar circumstances. The States failure to file a reply brief deprives the appellant of crucial statements made by the State 2 (by limiting any opposing arguments to those advanced by the State in the trial court. Id). It is this appellant’s belief the error is a tactical approach to disenfranchise Appellant of her right to fully supplement the record in her motion for new trial. Benefit from committing an error or committing an error so as to benefit from. Sounds like a Texas criminal style legislation to me

16. The decision of the Appellate court conflicts with the Texas Rules of Appellate Procedure 38.1(h) and 38.2(a)(1) 4 and Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) 5. The Appellate Court unequivocally has advanced arguments on behalf of the state. Not only have arguments been made on behalf of the state there are arguments made by the Appellate Court that are completely inaccurate: The 13th COA makes the statement “The record reflects that counsel exercised his ten peremptory strikes and, therefore, did not have an available strike for Ruff”. (Vol. 2 RR p,3 @3-6) (Vol. 1RR p.114). Is this court reading the same court record that this Appellant possesses? Appellant challenges the record furnished to the Appellant court as the record clearly reflects in direct contradiction of the 13th Court of Appeals record. There were available strikes, Appellant’s Counsel exercised ZERO peremptory strikes. This shows there could be other mistakes or misreadings. Justice in this case requires that the Appellate Court did not understand the facts of the case well enough to properly and justiciably make a decision. The Confession of error by the State and blatant errors committed while reviewing the record as a whole in the appellate court. There is too much error and all of it is harmful. Appellant waives no error known and unknown.

17. The decision of the Appellate court contradicts itself with respect to its decision in Siverand.

18. Limiting the states record advances arguments on behalf of the state

19. The 13th Court of Appeals relies on an incomplete record and has quoted the record inaccurately. This means either the record is either incomplete, inaccurate or the Independent Jurist did not take their duty seriously. The timing is highly suspicious being that two of the three Jurists were involved in campaigning, political maneuvering, schmoozing and networking and concentrating on their JOB.

20. Procedural Posture is faulty in light of confession of errors once the state confesses errors the errors need to be corrected.

21. The decision of the Appellate court contradicts itself with respect to Saldano v. Texas, 530 U.S. 1212 (2000) 2. In light of the confession of error the case should be “remanded for further consideration in light of the confession of error”.

22. The verdict in said cause is contrary to the law and the evidence and there is newly discovered evidence touching the issues involved in said cause. Below is the controlling administrative law. This makes the entry Legal and TRUE. This is a WIA, TWC And Texas Department of Human Services directive per Standard Operating Procedure.



TPU 105.00



Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable
assurance of continued employment within the meaning of
Section 3(f) (now codified as
Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to
substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute teacher has been asked to continue in the same capacity for the following academic year. Simply placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.

23. The trial of the above cause was not had before, nor was the verdict therein rendered by "an impartial jury."

24. Appellant’s right to the Compulsory Process was and continues to be thwarted. Material Witness Mary Cano never appeared to any of the proceedings in which Defendant’s / Appellant’s Counsel subpoenaed her. A subpoena was issued for Mary Cano directing her to appear before the same court proceeding (MFNT) in which the State claims it can get her there if she is needed. The State admits knowledge of Mary Cano’s whereabouts and goes on to boast of her being easy to find; yet whether willfully or inadvertently LeeAnn Haley’s 6th Amendment right to Compulsory Process was violated.

1.When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."

2 Certiorari Granted—Vacated and Remanded

No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari

granted, judgment vacated, and case remanded for further consideration in light of the confession of error

1. ”When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."
2 Certiorari Granted—Vacated and Remanded
No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari
granted, judgment vacated, and case remanded for further consideration in light of the confession of error

3 Pursuant to Siverand, we will make an independent examination of the merits of appellant's points of error and any opposing arguments are limited to those advanced by the State in the trial court. Id.
4 The rules of appellate procedure require the parties to advance their own arguments. Tex. R. App. P. 38.1(h) and 38.2(a)(1).
5 Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) Finally, decisional authority prevents us from advancing arguments on behalf of either party.

WHEREFORE, Petitioner prays that the court will:

1. Abate the Appeal, order a hearing to conduct a TWC administrative investigation and hold a hearing to conduct a Criminal Investigation and appoint counsel.

2. Remand this case for a new trial, or

3. Grant Appellant’s Motion for Rehearing.

4. Grant Appellants Motion for Rehearing, vacate the 13th COA opinion and remand for New trial and court appointed counsel.

5. Grant Appellants Motion for Extension of Time to File a Motion for Rehearing before ruling.

Respectfully submitted,

Friday, June 8, 2007

When Carlos Valdez Confesses Error Does Not The Same Rule Apply?

essenceofpinocchio: Is there really a Texas Solicitor General? Why does the Texas Court of Criminal Appeals Ignore SCOTUS?

Friday, Jun. 16, 2000

Earlier this month, Vincent Saldano, one of the 468 inmates on Texas' death row, had his death sentence vacated. This development was duly reported in the press. But accounts of Saldano's good fortune uniformly failed to appreciate what makes his reprieve truly newsworthy and potentially a landmark.

Saving Saldano: Texas Confesses Error


Saldano was not freed from the prospect of execution by the actions of a court or even, as occasionally happens, by the clemency of a governor. His death sentence was erased because Texas, through its newly created office of the solicitor general, "confessed error" in his case -- that is, it admitted, despite defeating Saldano's initial appeals in court, that his death sentence was illegally obtained. Quite simply, this never happens, either in Texas or in the dozens of other states with active death penalty laws. It is thus worth pausing to consider the value and potential implications of Saldano's case as well as the notion of confessing error.

Saldano had received a death sentence in part due to profoundly troubling testimony by a state expert witness at the sentencing phase of his trial. The expert, a clinical psychologist named Walter Quijano, suggested that Saldano should be executed because, as an Hispanic, he posed a special risk of future dangerousness to society. To support this astonishing conclusion, the expert pointed out that Hispanics make up a disproportionately large amount of Texas' prison population.

It does not take a tenured professor of constitutional law to realize that linking racial identity with a propensity for violence was not only bizarre but also a violation of the equal protection clause. Indeed, that it should take a confession of error by the state to correct this problem highlights at least two problems in the current administration of the death penalty. First, in seeking the death penalty, prosecutors sometimes overlook glaring illegalities. The same flaw identified in Saldano's case infects at least seven other Texas capital cases. Second (and perhaps even more distressing), courts, especially state courts, are too often willing to overlook even obvious constitutional flaws when reviewing death penalty cases. After all, before the state's confession of error, Saldano had lost all of his appeals.

Under these circumstances, one might think that confessions of error would be, if not commonplace, at least occasional. On average, the Solicitor General of the United States confesses error in two or three criminal cases every year -- even though it is a safe bet that federal prosecutions, conducted by better trained lawyers with greater supervision, are less likely to contain obvious legal errors than their state counterparts. As the Supreme Court recognized when endorsing the practice in 1942, "the public trust reposed in the law enforcement officers of the Government requires that they be quick to confess error, when, in their opinion, a miscarriage of justice may result from their remaining silent." But as a practical matter, states never confess error in death penalty cases (even though courts overturn roughly two-thirds of all death sentences as legally infirm) -- and some states candidly admit that their policy is never to confess error.

Mutual Distrust

Why? One crucial and usually overlooked factor is the deep antagonism that has grown up over time between state death penalty prosecutors and the death penalty abolitionist lawyers who seek to foil them in every case. The abolitionists, prosecutors know all too well, never concede that their clients deserve the death penalty or that the death penalty was legally imposed -- no matter how flimsy their arguments in a given case. Rather, they use every procedural and substantive trick in the book to delay executions.

There can be no denying that such abolitionist tactics have angered and frustrated state prosecutors. And one response to these understandable emotions has been for prosecutors to mirror the fight-to-the-bitter-end approach of their opponents.

The problem with this reciprocation, however, is simply that the ethical duties of prosecutors and defense attorneys are vastly different. Defense attorneys are duty-bound to scratch and claw to win for their clients. Prosecutors, by contrast, despite striking hard blows, must never lose sight of their ultimate obligation to do justice in every case.

That may sound trite and perhaps overly idealistic, but it has a practical side as well. Prosecutorial confessions of error -- knowing when to fold them, as it is known -- establish credibility. They create trust in the system, a sense that someone is being careful and exercising sound judgment, that extends far beyond any single case. And that can make a world of difference for someone like me, who is not morally opposed to the death penalty but skeptical of how it is imposed.

Death Penalty Politics

In addition, the reluctance of state prosecutors to confess error is a clear reflection of how politics affects the death penalty. Up until now, anyway, undoing a death sentence was akin to political suicide for an elected district attorney or state attorney general, or for any state official with ambitions for re-election or higher office. And yet the willingness of Texas' new solicitor general to confess error in the Saldano case suggests a possible turning point. With the current groundswell of death penalty opposition based on the possibility of executing an innocent person, elected officials may now find some advantage in approaching capital cases (even those where innocence is not an issue) with a greater degree of care and honesty.

case will start a broad trend. But there is reason to believe that the tide is indeed turning. On June 9, Texas Attorney General John Cornyn announced the results of an investigation into other death penalty cases involving testimony by state expert Walter Quijano. Cornyn acknowledged that Dr. Quijano had provided testimony in six other death penalty cases similar to his improper testimony in the Saldano case. Cornyn's staff has advised defense lawyers for the six inmates now on death row that his office will not oppose efforts to overturn their sentences based on Quijano's testimony. In response, a pessimist might note that Texas is appealing a ruling in another capital case that the defendant received inadequate counsel -- when, indisputably, his lawyer slept through much of the trial. But doing the right thing has a contagious quality to it. Or at least so we can hope.

Edward Lazarus, a former federal prosecutor, is the legal correspondent for Talk Magazine and the author of Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court.

Tuesday, June 5, 2007

most of the legislation the delegation had very little to do with improving the area they represent

— The Coastal Bend's legislative delegation went to Austin with a wish list that included better access to children's health care and an engineering school for Texas A&M University-Corpus Christi.

For the most part, the delegation thinks its efforts were successful, with more kids eligible for the state's Children's Health Insurance Program, money for area universities, a revamped Texas Youth Commission and several other key measures. A rule to record the Legislature's final votes during the session also passed, and voters will see the issue on November ballots.

"Obviously I think the delegation was very successful," said freshman Rep. Solomon Ortiz Jr., D-Corpus Christi. "We all talked and debated each issue that faced the Corpus Christi area. It helped not only that we got along on a professional level and that we get along on a personal level."

Issues where the group fell short, it says, include not driving down windstorm insurance rates for the coastal region or bringing an engineering school to Texas A&M University-Corpus Christi.

The effort to bring the engineering school had widespread support from the Corpus Christi business community but faced opposition from the system's nearest campus in Kingsville, which also has an engineering school. The bill was halted in committee, but the delegation intends to revive it in the next session, Ortiz said.

"It is obviously going to take more than one session. On a personal level, I have talked to the higher ed committee and had a positive response. We will push hard again next session."

Ortiz and Rep. Juan Garcia, D-Corpus Christi, Rep. Abel Herrero, D-Robstown, and veteran Sen. Juan "Chuy" Hinojosa, D-McAllen, each had individual successes.

Among other legislation, Hinojosa made state and national headlines as the author of sweeping reforms for the embattled Texas Youth Commission, the state's juvenile justice system that has been rocked by a sexual abuse scandal. He also tacked an amendment to a House bill renaming the Crosstown Expressway to honor local civil rights icon Dr. Hector P. Garcia after a measure to create a state holiday in the doctor's honor was killed.

Herrero and Ortiz were proponents for the Children's Health Insurance Program, which provides low cost insurance to working class families and expect the program to cover 127,000 new children after this session, after a series of enrollment changes made it more accessible.

Herrero said he was most proud of the defeat of Senate Bill 101, a higher education measure that would have eliminated a state law that admits students in the top 10 percent of their graduating class to any Texas university. Proponents of the bill argued it places a burden on flagship universities, such as the University of Texas at Austin.

The rule makes a high-quality college experience more available to students including minorities who might not get it otherwise, Herrero said.

In his first term, Garcia successfully pushed for the recording of the final votes lawmakers made on legislation and led the effort to protect funding for the Defense Economic Adjustment Assistance Grant program, which could bring millions of dollars to the Coastal Bend for redevelopment of Naval Station Ingleside.

The state budget passed by the Legislature includes $5 million for the program, a state grant system designed to help defense-dependent communities successfully transition through the job losses and other dislocations caused by the 2005 Base Realignment and Closure.

"It's going to have a big impact on the transition," Garcia said.

Ortiz helped pass a juvenile open records bill that allows parents access to their children's criminal records and removed legislation that would have allowed County Court at Law Judge James Klager to name his own successor to the bench.

Other area legislators, including Juan Escobar, D-Kingsville, and Yvonne Gonzalez Toureilles, D-Alice, each said they made solid strides for their districts. The most notable are aimed at regulating uranium mines, which are becoming increasingly prevalent in both lawmakers' districts.

Gonzalez Toureilles successfully pushed through a pair of uranium bills.

"They specify that with exploration mining, the jurisdiction is with the Railroad Commission," she said.

With an hour remaining before a legislative deadline, the House and Senate agreed to a final draft of Senate Bill 1604, a bill reforming procedures related to uranium mining. The bill includes an amendment by Escobar to preserve the procedure of contested case hearings for uranium mining permits.

The bill will affect operations in Kleberg County in several ways. The Escobar amendment clarifies the requirements that uranium mining operations have sufficient bonds to plug defunct wells and restore nearby groundwater before receiving permits for new activities. It allows public hearings under certain circumstances when changes are sought to existing mining permits.

Escobar's Chief of Staff Fred Cantu said the representative also was integral in securing $7.2 million in new money for the Texas A&M University System Health Science Center-Irma Rangel School of Pharmacy in Kingsville.

Where bills stand

HB 3556

Goal: To create a Texas A&M University-Corpus Christi engineering school

Authors: Ortiz, Herrero and Garcia.

Status: Left in committee

HB 3535

Goal: To create a holiday honoring the late civil rights icon Dr. Hector P. Garcia

Authors: Garcia, Herrero, Ortiz, Escobar, Gonzalez Toureilles

Status: Left in committee

HB 3837

Goal: To regulate in situ uranium mining

Author: Gonzales Toureilles

Status: Sent to governor for signature

HB 2801

Goal: To record and publish record votes

Author: Garcia

Status: left pending

HJR 19

Goal: Legislation to put a measure to record and publish all final passage votes by the Texas Legislature on the November statewide ballot as a constitutional amendment.

Co-authors: Garcia and Rep. Dan Branch, R-Dallas

Status: Passed

HB 4107

Goal: To create a Nueces County magistrate court

Authors: Herrero, Ortiz and Garcia

Status: Sent to governor for signature

HB 2622

Goal: To provide insurance benefits to the Regional Transportation Authority board of directors.

Author: Ortiz

Status: Sent to governor for signature.

HB 53

Goal: An amendment to a house bill renaming the Crosstown Expressway the Dr. Hector P. Garcia Memorial Highway.

Author: Hinojosa

Status: Passed

Post Your Comments

Posted by truthincc on June 3, 2007 at 10:06 a.m. (Suggest removal)

Ortiz feels like the session was successful. I guess if you consider doing absolutely nothing as being a success he is right. The delegation as a whole did little for us with most of the legislation they were involved having very little to improving the area they represent.

Posted by intheknow on June 3, 2007 at 11:11 a.m. (Suggest removal)

The fact that Gene seamen is gone in its self is a success!

Jaime Kenedenos message to the Vatican: Apologize & Do the right thing!