WR-83,689-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/18/2015 2:07:24 PM
Accepted 8/18/2015 2:16:55 PM
NO. WR-83,689-01 ABEL ACOSTA
CLERK
RECEIVED
COURT OF CRIMINAL APPEALS
8/18/2015
ABEL ACOSTA, CLERK
AT THE COURT OF CRIMINAL APPEALS
TEXAS
In Re Karl Schonwalder
Original Proceeding and Emergency Relief
From the 397th District Court of Grayson County
EMERGENCY PETITION TO
HEAR WRIT OF HABEAS CORPUS AND
TO STAY LOWER COURT PROCEEDINGS
Karl Schonwalder
2119 56th St
Lubbock, Tex [79412]
806-438-1976
Unrepresented
1 To the Honorable Judges of the Court of Criminal Appeals, for Texas.
2 I.
3 Karl Schonwalder, is the defendant in error, in a criminal action brought on April 15, 2015, in the
4 397th District Court of Grayson County, entitled the State of Texas, Plaintiff v Karl Schonwalder,
5 Defendant, Cause No. 065584. This action was predicated upon an unlawful administrative procedure, a
6 copy is which is not attached because Defendant in Error has not received any process at this time, and no
7 probable cause affidavit is available in the subsequent corresponding, unlawful, criminal action.
8 Defendant in Error is told that no probable cause affidavit exists, and it is further claimed by the
9 prosecution that it is not necessary under the existing circumstances.
10 II.
11 The arrest and incarceration of Defendant in Error was made on February 8, 2015. A Habeas
12 Corpus was filed with the federal court within 30 days of the arrest and was timely filed under 28
13 U.S.C.1446(b). The federal court has denied the Writ of habeas without prejudice, for failure to exhaust
14 state administrative procedures and the Defendant in Error has timely filed for writ of habeas in this
15 court. The 397th District Court of Grayson County was given notice of this case, but has not stopped their
16 proceeding.
17 The court is herein required to review the Writ of Habeas Corpus forthwith as Wrongfully
18 Accused is currently being unlawfully incarcerated in violation of the Constitution, which is the purpose
19 of the Writ, or respond as to why the court has not taken action in this case in a timely manner due to said
20 unlawful incarceration.
21 Further, a request is herein made of this court to require the 397th District Court of Grayson
22 County to stay it's proceedings.
23 WHEREFORE, Karl Schonwalder, pursuant to these statutes and in conformance with the
24 requirements set forth requires a response from this court, on this day of 18th Day of August, 2015.
25
EMERGENCY PETITION & STAY OF PROCEEDINGS Page 1 of 3
Case No: ____________
1 Respectfully submitted,
2
3
4
5 __________\S\___________
6 Karl Schonwalder
7 by Scott Odam POA
8
9
10 1. VERIFICATION
11 IN WITNESS OF THIS AGREEMENT, the undersigned states that all herein be true, to the best of my
12 knowledge and ability, executed from without the “United States”; c.f. definition in 28 U.S.C. §1603(c ),
13 §1746(1) and 26 U.S.C. §7701(a)(10)(26)(31) as of the 18rd day of August 2015.
14
15
16
17 ______\S\_________
18 Karl Schonwalder
19 by Scott Odam POA
20 2. VERIFICATION OF SERVICE
21 This is to verify that a copy of the above-entitled and numbered claim has been served on all parties
22 listed below, delivering a true copy to them thru the courts electronic filing system, or mailed where
23 necessary as follows:
24
25 ***EX PARTE****
26
27 SHERIFF, J. KEITH GARY
28 DIRECTOR, TDCJ-CID
29 200 S. Crockett
30 Sherman, TX 75090
31
32
33
34
35 _____________________
36 Karl Schonwalder
37 by Scott Odam POA
38
EMERGENCY PETITION & STAY OF PROCEEDINGS Page 2 of 3
Case No: ____________