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FILED IN
COURT OF CRIMINAL APPEALS
.OCT 01 2015
Docket No. WRIT 1001.
Re: Cause No: E0004327 Abel Acosta, Clerk
STATE OF TEXAS: § IN THE ELLIS COUNTY
§
PLAINTIFF § COURT AT LAW No.2
§
vs. § 109 SOUTH JACKSON St.
§
Frederick-William: Van Hom § WAXAHACHIE, TEXAS
§
Relater § 75168
Notice of Appeal
I am Appealing the· September 9th- order of Ellis county court at law No; 2.
Please take 'Notice of Appeal: Pleading'. Filed here with is a CD of the
appellants record if I did not provide you a paper copy. ·
The count court at law No. 2 is being given notice only, with the paper
record & the request for the clerks record. The docketing statement & fee are
going to the Court of Criminal Appeals.
As an interested party, Non-attorney, Witness, Man & Living Spirit Expressly
Reserving All Liberties. ·
P~t}j~ ~"'~ ~ ~ay of September 2015, by Petitioner:
Frederick-William: Van Hom
2334 S. Hwy. 77 ·
Waxahachie,Texas 75165 · RECEIVED IN
Ph. No. 972 937 6059 COURT OF CRIM!~JtU. APPEALS
.iocument contains some
.::;~s that are of poor quality
'.: the time of imaging.
Abet Acosta, Clerli
Appellate Docket Number:
Appellate Case Style: Style:
Vs. State of Texas
Amended/corrected statement: D
DOCKETING STATEMENT (Criminal)
Appellate Court: ~~~~lli{~~ii\!~~Y&!i
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)
Appellant Incarcerated? DYes ciNo
Amount of Bond: t[~jW.~t'tfl~~f~~\1~~-~~1 D Appointed D District/County Attorney
~ 0 p,. '"~-<- L~>'jo.-->\ 0Retained D Public Defender
Firm Name:
Address 1:
Address 2: fit.~!fl~~\\8!1~~1:~ti~l~\~i1WI~X~~~~
City: f~~4~\t~ltiti~ili[~Wf.~~~~4f~~~~1[~~
State:
Telephone:
Fax:
Email:
SBN:
Page I of5
First Name:
Last Name: Middle Name: ~*~j'ftl~-lfllllf.~f[~ml2l~r~lf~~~
Last Name: ~~~~~11}!~~~Jit¥i~1Ji~~~*~4ij]i~lf!~t~]
0 0No
~~:~o:::~~{.{f~~ Bisbic~j~~!~:; b.. 'f.J("H'""
or ~ io -tk. jv.,..~Jit.~ '"''~--' w
Motion in Arrest of Judgment: D Yes
Other: DYes D No
If other, please specify: ~f.i]~~Il~~~~~~~~;~
Motion and affidavit filed: DYes 0 No 0 NA
DNA
Date of order: DNA
Ruling on motion: D Granted D Denied DNA
Pnge2ofS
Court: ~;~~~~f[~Jlt~fRi~f£U~~t?iJ~~filt11~Jjffif~ Clerk's Record:
1
County: [1f~%\\\1~i1f.~i~~~~.ft.t~~~~If[~~~~~~1~~JR~~~~~fia Trial Court Clerk: 0 District 0 County
Trial Court Docket Number (Cause no): t
000 L\~ 2 · Was clerk's record requested? ~es 0 No
Trial Court Judge (who tried or disposed of the case):( ;)J')s-A y·
(CA'-')~"tt 15 WRIT \00\ :::::·d:;::~~~~~~~@]jl~
First Name: Were payment arrangements made wi~lerk?
Middle Name: ~Yes 0 No 0 Indigent
Last Name: ~"ov-'~ tJ{....,... ocr~
ow\y .
Address 1: ~rln~11llR~~t~~!~f!rrta1i~
Address 2: ~~~~ll8til~~i!il~~1ii.1t~i11
~=~: t~[:::r~:~~~;i:;~i:
Telephone: ~J!tl.l!tfr~ill ext. ;&~mit~
Fax: ~lflll'i~~il11m
Email: ~[~wi\~~&fbi~1:11'Tttl1~~~~~~~~~lr(c>w-~ b.~ L..v->'TvJI)
Reporter's or Recorder's Record: _/
Is there a reporter's record? 0 Yes []lNo
Was reporters I r-L.Yes 0No
record requested?. 1\ll' ~ l-, , rl.a
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1 "'-"' --·ct. ~(..~ o..i 4 ""p'-
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the reporter's record electronically recorded? Yes 0 No L-1.11\.N,-c..-.f""'' (.,~ r,-t.'TJ,...., ~Nf~"V~
~Y ~~ \-\ ~A»-S Nt>{ "' U"'-""..l &[ rl..)\ ..~~
0 Court Reporter D Court Recorder
D Official D Substitute
Address 1:
Address 2:
City:
State:
Email:
§J!t!t9m:¥f~LI{~i{~
Vs. r-~"'c'"~ 1t o~·Jf>l;J
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oate: ~~~1i~Ja~BNa%'i11J
State Bar No: ~--tl1!fl~~!~§ili1
Printed Name:
Electronic Signature: ~fj1l~lf1lj~f.i~~l~~il~~ff~1~{1@i~~W~1~ii~~f.l~~
(Optional)
c~~'(Jt o\ ~ tV'v)~ w,~\,-1 ~
t1v--i t"'~ 11 {)\}\ '!ftv:.1"'J".t J... I"'-~ ~ s~""~ o'"'" ~ \A)\-T
Signature of counsel (or prose party)
Served:
Certificate of Service Requirements (TRAP 9.5(e}}: A certificate of service must be signed by the person who made the service and must
state: (1) the date and manner of service;
(2) the name and address of each person served, and
(3) if the person served is a party's attorney, the name of the party represented by that attorney
Page4of5
Please enter the following for each person
Date Served: ~¥J~~f~~~l~3~~~~W~~~1
Manner Served: 1~~~li~?i~l~~~~~~~Mt~f~1
First Name: ·lf1~llit~~J1JilllifBJ~ii~~~~ll%~I~~~~Jl~~£iiill
Middle Name: !~~~,J~~li~!1~~~~fjli~~~~~1!~~~1~~~~
Last Name: l~j~~fj~~~!~m~~~Jit~!WI~I@1t~tfll~ ·
Suffix: ~~!~~~~~~
Address 1:
Address 2: ~i:~~~l~~~:glJ~~~~~~ii&Tgfi~
City: ~~~~~~1mt~§!&.l~~~l-.~~iN~a~~ill
State 1,1[~~~~1.:1fi.\f~1~ Zip+4: ~~l?~~lli~~~~~il1~1~~
Telephone: ¥i@JfiJ{~~~fil~ ext
Fax: :Ifi~~¥[(t~tl~ffl~tf~-~lJJJ
Email:
PageS ofS
• ••
Docket No. WRIT 1001
. Re: Cause No: E0004327
STATE OF TEXAS: § IN THE ELLIS COUNTY
§
PLAINTIFF § COURT AT LAW No. 2
§
vs. § 109 SOUTH JACKSON St.
§
Fred.erick-Wil]iam: Van Horn § WAXAHACHIE, TEXAS
§
Appellant § 75168
CERTIFICATION OF SERVICE
1. · I Relater Frederick-WUUam: Van Hom, hereinafter referred to as Affiant,
being of majority in age, competent to testify, as self realized entity, free man
upon the land, my yes be yes,· my no be no, do state that the truths & facts herein
are of first hand personal knowledge, true, correct, complete, certain, not
misleacling, under penalty of perjury, & in accordance with Title 28 USC 1746 &
applicable laws oithe State of Texas so help me YHVH, &:
2. That, Affiant on· or about September 24~ , 2015, produced the attached
notice of appeal, to be filed/served in regards to, Doc. No. E0004327 regarding said
cause this day in the Ellis County Court at Law No. 2 Clerks Office, Waxahachie,
Texas 75168, &:
3.. That, Affiant on or about this September 24th, 2015, Affiant served the
attached, ".Affiant' above liSted document, etc.", with attachments thereto,
hereinafter documents, by filling them also in person at the Waxabaehi.e
municipal court at 401 South Rogers & or by placing said documents properly
· enclosed in a sealed wrapper, postage prepaid, at the Waxahachie, or other, Texas
U.S. Post Offices, listed below:
The Current :filing entails Appellant' Notice of appeal, Pleading & volume 1 of 2
Page 1 of2
.Appellants Certificate of Service September 24th, 2015
-- ••
& volume 2 of 2 of the appellants record prepared by Appellant.
1. Court Of Criminal Appeals
. P.O. Box 12308
Du <..k -t-~-. ~ ~J S1"~e..Y\ e~
Austm Texas 78711 \ .D ,t-l h ,r-,\ Jl
Ph=5124631551 l\ tf<.tc<'·.rcA CN"'~ n1V\Y ry;}J\ v\_\~1
' (1\.t. .R' rf\ I ,().! i)._,~
2. The State of Texas \._ I .3 . g '1
I w ~ lLJ v-vt U
Texas Attorney General Office
209 W. 14th St., or 1~ e..J vy o•.Je.
P.O. Box 12548
Austin, Texas 78711
8. County Court At Law No. 2 . ~ \
.via Cindy Polley Ellis County Clerks Office at
109 South Jackson St.
0
i) c.,\.(~ N ~ t
s~ (}\:~ ~ )l f,J~
..£'~4~ Cl~ ... k~ 1/l-e.{v~
t b\. 12.-t~~
Waxahachie, Texas 76168 . ~ ~
4~ Waxahachie Municipal Court 0 lJ c. J<.e.:i) I,J., Sll\_..\ {)')-{',
401 S. Rogers,
Waxahachie,Texas75168
Hand delivered.
6. The Governor of the State of Texas
eve... .r y o tV't ~ l[ -t. --f!" 6th o
P.O. Box 12428 "Tu~lk!id>~ .,;v., St.~ A·pV>t.. r\ b-t"t~
oq).;d~~s IQ~'1""".t'"'7 i\rpella~s
Austin, Texas 78711
6. Mayor of Waxahachie:
P.O. Box 757 Rt~~~ -(:v--\~ (\e.vf'k5 ~{..Cu~ [~c --~
Waxahachie, Texas 75168
7. State Commission on Judicial Conduct
P.O. Box 12266
Austin, Texas 78711
As an interested party, Non-attorney, Witness, Man & Living Spirit Expressly
Reserving All Liberties. · .25tlr.
&s mi o~~ ~ber 2015, by Affiant:
Frederick·Wi11iam: Van Hom
2334 S. Hwy. 77
Waxahacbde.Texas 75165
Ph. No. 972 937 6059
Page2 of2
Appellants Certificate ofService September241h, 2015
• -~-·---------~--------------~------
WAXAHACHIE
316 N COLLEGE ST
WAXAHACHIE
TX
751659998
4894950165
09/24/2015 (800>275-8777 4:18PM
Product Sale Final
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Value
Dom M.O. Fee $1.25
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1-800-Stamp24. Go to
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Clerk: 07
•
Docket No. WRIT 1001.
Re: Cause No: E0004327
STATE OF TEXAS: § IN THE ELLIS COUNTY
§
PLAINTIFF § COURT AT LAW No. 2
§
vs. § 109 SOUTH JACKSON St.
§
Frederick.·WiUiam: Van Hom § WAXAHACHIE, TEXAS
§
Relater § 75168
Notice of Appeal
I am Appealing the September 9th· order of Ellis county court at law No~ 2.
Please take 'Notice of Appeal: Pleading'. Filed here with is a CD of the
appellants record if I did not provide you a paper-copy. ·
. The count court at law No. 2 is being given notice only, with 'the paper
record & the request .for the clerks record. The docketing statement & fee are
going to the Court of Criminal Appeals.
As an interested party, Non·attomey, Witness,- Man & Living Spirit Expressly
Reserving All Liberties.
~~ W~ ~ ~y of September 2015, by Petitioner:
Frede:rick.·Wi11iam: Van Hom
2334 S. Hwy. 77
Waxahachie,Texas 75165
Ph. No. 972 937 6059
f I L E. D SEP 2 4 2015
.. • ··2315 SEP clt ftM ~.~ 2t:
fiLE() FOR 1\t.Cfmtl .
OIHOY POLLEY
ELLIS C0UHTY CLERK
Appellant' Record
Volume 1 of2 ·
Municipal Court Docket No. E0004327
County Docket No. WRIT 1001
In The County Court At Law No. 2
Honorable Judge: A. Gene Calvert, Jr. Judge
Presiding
The State Of Texas
Plaintiff,
V.
Frederick·William: Van Hom,
Defendant
Appeal to the
Court Of Crimina] Appeals of Texas
P.O. Box 12808
Austin Texas 78711
Ph: 512 468 1551
Relater: Private Litigant: Respondent Attorney: DANA D. HUFFMAN
Frederick-William: Van Hom T.B.N. 00792593
2334 S. Hwy. 77, 401 South Rogers
1Vaxahachie,Texas 75165 Waxahachie Texas 75168
Phone No. 972 937 6059 Phone No. 972 713 7757
2915 SEP
.
aJ.- RM
. . . ~;,. 2il~
·•·
FILED FOR HtCUiH'l
QIHDY P.OLLEY
ELLIS. C0UNTY CLERK
Appellant' Record
,Volume 2 of 2
Municipal Court Docket No. E0004327
County Docket No. WRIT 1001
In The County Court At Law No. 2
Honorable Judge: A. Gene Calvert, Jr. Judge
Presiding
The State Of Texas
Plaintiff,
v.
Frederick·WilHam: Van Horn,
Defendant
Appeal to the
Court Of Criminal Appeals of Texas
P.O. Box 12808
Austin Texas 78711
Ph: 512 463 1551
-
Relater: Private Litigant: Respondent Attorney: DANA D. HUFFMAN
Frederick·Wmiam: Van Horn T.B.N. 00792598
2884 S. Hwy. 77, 401 South Rogers
Waxahachie, Texas 75165 Waxahachie Texas 75168
Phone No. 972 937 6059 Phone No. 972 713 7757
• Docket No. WRIT 1001.
•
Re: Cause No: E0004327
S'l'ATE OF TEXAS: § IN THE ELLIS COUNTY
§
PLAINTIFF § COURT AT LAW No. 2
§
vs. § 109 SOUTH JACKSON St.
§
Frederick-William: Van Hom § WAXAHACHIE, TEXAS
§
Relater § 75168
Notice of Appeal: Pleading.
I am Appealing the September 9th order of Ellis county court at law No. 2.
The reason I have prepared this notice of appeal this way is because of all
the problems I am having with the Ellis county clerks. The latest being my
asking for the docketing statement & being refused. The challenge to the subject
matter jurisdiction being denied on the 9th is the grounds for this appeal.
Summary of the complaint provided because this is as I understand it an
accelerated appeal: Appeal· Regular.
I understand I am to follow the rules of a regular appeal just at the
accelerated table.
The state has no standing to prosecute me in the first place, no grounds, &
none of any other kind of right to prosecute me, this }:,eing essentially the third
time makes it just another form of malice. They have no right to prosecute me or
even try. I am not liable or subject to their interests. They have no right to the
precedence provided by probable cause when they know they have no cause to
prosecute me: in the first place e.g. probability or other wise via such grounds.
The only mater before the court at this time is the challenge to the subject matter
& the subsequent mandatory termination of the criminal prosecution against me.
The damages are not before the court until the accrual of the criminal action, & a
Page 1 of34
Notice of Appeal. September 24th. 2015
r .,
..\
Docket No. WRIT 1001.
•
Re: Cause No: E0004327
STATE OF TEXAS: § IN THE ELLIS COUNTY
§
PLAINTIFF § COURT AT LAW No.2
§
vs. § 109 SOUTH JACKSON St.
§
Frederick-William: Van Horn § WAXAHACHIE, TEXAS
§
Relater § 75168
Objections Regarding
Defendants Request For The Clerks Record, & My response
to the justice department.
I was trying to accomplish verifying the costs per page of documents in the
clerks record in the Ellis county main clerks office Phone No. 972 825 5070,
frustrated I called the Ellis county court at law No. 2 phone No. 972 825 5066. I
got to talk to J:>atricia Marshall, she said any of the Ellis county clerks can answer
my filing questions, to my question of how much does it cost per page for the
clerks record. I already knew the maximum was a dollar a page that can be
charged, & when I called again the Ellis county main clerks office at Phone No.
972 825 5070, I asked for Morgan: the clerk who occupies Ellis county court at law
No. 2 desk at the Ellis county main clerks office & she told me 1 dollar a page
only after I spoke about my conversation with Patricia Marshall a couple of
minutes earlier. Patricia Marshall works at the Ellis county court at law No. 2
judge' office & Patricia Marshall told me I have to conduct all my affairs through
the Ellis county main clerks office so I am stuck with this problem. I want to
accomplish purchasing the clerks record so I don't have my appeal dismissed for
failure to follow the rules. On the 24th of September I talked to Morgan in person
at the counter of Ellis county court at law No. 2 Ellis county main clerks office
desk about the currant filling of my request for the clerks record & my notice of
Page 1 of 4
Objections Regarding Defendants Request For The Clerks Record, & My response to the justice
department: September-25th -2015
t· ..
• •
appeal. While at Morgan' desk while filing my 528 or there about page 2 volume
appellants version of a clerks record I noted that I had forgot this document
requesting the clerks record see below I pointed out that the below requested
information for the clerks record was found in the body of the Index' table of
contents, & that I would. bring in my forgotten separate request for the clerks
record tomorrow. Morgan than says what record then she says there is only what
I filed & that there is -no clerks -record.
Instead of going in I have made this documentation of these several
concerns & I am mailing my request instead. I figure The clerks record if she uses
the documents I asked for or she copies my format, the cost. should not be more
than 600.00 dollars, money I will set aside for her, & do to the given
circumstances & the fact that the planed earnest money I was going to provide got
used up making 3 copies of the appellant record one for the municipal court the
county court & the court of criminal appeals. I don't have anything to pay at this
time, anyways, but I will have the money as soon as possible. I need her to call
me at 972 937 6059 with the figure otherwise I will assume there is not going to
be a cost or a record regardless that I requested it thus there will be no other
record than the one I provided.
I have read & do apply the rules to the best of my ability Its like this
response to the justice departments refusal to investigate the crime against me
created by my being criminally prosecuted. The Texas torts claims act does not &
can not bar alternative forms of opportunity even though one may be made hole
by the first avenue, I have the right to all remedies provided by the principles of
the law. Seeking to notice the justice department of the situation allows me to
address the fraud without filing an individual suite against the judges. What the
justice department is ignoring is the fact that I am not an amended citizen. I
personify an original citizen such as Washington or Lincoln. Literally the
prosecution against me is un Constitutional they have no right, they cant
prosecute me, its fraud, what they are doing is criminal, & they know it. It can
Page 2 of 4
Objections Regarding Defendants Request For The Clerks Record, & My response to the justice
department: September-25th -2015
• •
,, ..
·,}'
·•
not be allowed to continue even if they can afford to pay or are legislatively
required to do so for having hurt me. What the justice department is doing is just
bad form, if it is as it appears to be, in that the justice department is there to
prosecute criminal behavior of the states judges then certainly my complaint is
appropriately asserted. The bad form lay at there stating that there is nothing to
investigate when clearly there is.
The 7 documents listed below Encompass the Portion of the clerks record I
am requesting. I provide a copy of how I would & did put mine together mine is
around 528 pages. Please let me Know what it cost & I will bring as much or all I
can at that time.
27. Tab 27. August 6th, 2015: Defendants Petition For Writ.ofProhibition.
Page R-119.
To save time & money I reformatted to include the record filed with Tab 27
above to add Tabs 28 through 32 below thus this adding of pages R-161 through
R-257 are what makes to the best of my ability & knowledge a complete record of
E0004327. I suggest & ask the clerk to copy me & I have provided earnest money
down for this purpose, & it would be in my opinion the most efficient way, & an
even better situation would be for the Court to proceed on my record. Basically
Tabs 27 through Tab 32 are the last 7 documents filed & the subject of this
appeal. Of course I know she may have some other policy to fallow & I may be
required to use her record .. I really hope we can just use mine.
28. Tab 28. August 12th, 2015: Defendants Receipt paying for the filing of the
Petition For Writ of Prohibition p. R-170. Page R-161.
29. Tab 29. August 14th, 2015: Letters, Questions, & complaint Regarding the
Page 3 o£.4
Objections Regarding Defendants Request For The Clerks Record, & My response to the justice
department: September-25th -2015
'•'
'
delay.
• • Page R-171.
30. Tab 30. September 9th, 2015: Order Denying my petition for writ of
prohibition from the county court at law No. 2. Page R-189.
31. Tab 31. September lOth, 2015: The Justice Departments response
regarding: Letters, Questions, & complaint Regarding the delay. Page R-190.
32. Tab 32. September ttth, 2015: Motion to reconsider & or plea to the
Page R-194_.
Volume 2 of 2 begins
33. Tab 33. September 24th, 2015: Notice of Appeal, Pleading. Page R-221.
As an interested party, Non-attorney, Witness, Man & Living Spirit Expressly
Reserving All Liberties.
~~1(~~ 24th ~ay of September 2015, by Petitioner:
Frederick-William: Van Horn
2334 S. Hwy. 77
Waxahachie,Texas 75165
Ph. No. 972 937 6059
Page 4of4
Objections Regarding Defendants Request For The Clerks Record, & My response to the justice
department: September·25th -2015