ACCEPTED
13-15-00300-CR
THIRTEENTH COURT OF APPEALS
FILED CORPUS CHRISTI, TEXAS
8/5/2015 5:01:52 PM
IN THE 13TH COURT OF APPEALS
CECILE FOY GSANGER
CORPUS CHRISTI CLERK
8/5/15 NO. 13-15-00300-CR
DORIAN E. RAMIREZ, CLERK
BY DTello
FILED- IN
-
13th COURT ----- OF APPEALS
IN THE COURT OF APPEALS - -
CORPUS CHRISTI/EDINBURG,
--- TEXAS
- - ---- AM ------
8/5/2015
-
- ID 5:01:52
- - PM
FOR THE ---- VO ------ OF TEXAS
THIRTEENTH SUPREME JUDICIAL DISTRICT
CECILE - - FOY GSANGER
----
---- Clerk
AT CORPUS CHRISTI, TEXAS
KRISTIN BOWLING, RECEIVED IN
13th COURT OF APPEALS
CORPUS CHRISTI/EDINBURG, TEXAS
RELATOR
8/5/2015 5:01:52 PM
vs. CECILE FOY GSANGER
Clerk
HONORABLE JACK PULCHER,
RESPONDENT
SUPPLEMENTAL BRIEF AND MOTION TO STRIKE DISTRICT
ATTORNEYS LAST FILING WITH THE COURT OF APPEALS
On Appeal from Cause Number 14-AC-0466
in the 105th District Court of Kleberg County, Texas,
Honorable Jack Pulcher, Judge Presiding
ATTORNEYS FOR RELATOR
DAVID T. GARCIA JAIME CARRILLO
Attorney at Law CARRILLO LAW OFFICE, L.L.P.
721 E King Ave. 721 E. King Ave.
Kingsville, Texas 78363 Kingsville, Texas 78363
Ph.: (361) 595-4142 Ph.: (361) 595-4142
Fax: (361) 595-0544 Fax: (361) 595-0544
State Bar No. 07631800 State Bar No. 03879300
davidtgarcia0881@gmail.com carrillolawoffice@sbcglobal.net
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Attorney for Appellant, KRISTIN BOWLING and
respectfully responds to the 13th Court of Appeals inquiry.
I.
On August 5, 2015, DAVID T. GARCIA received an inquiry from the 13 th
Court of Appeal that they have received a notice from the Kleberg County District
Attorney’s Office that the criminal case against KRISTIN BOWLING had been
rejected. This attorney had not received written notice of that fact.
II.
KRISTIN BOWLING was released from the Kleberg County Jail for a
warrant that was issued for violation of what appellant alleges were improper bond
conditions issued by a court without jurisdiction.
III.
This attorney has made this argument that the District Court lacks jurisdiction
to issue pre-trial orders in cases that have not been indicted in numerous previous
cases to the Court calling to the attention of the Court and the District Attorney that
the continuous standing requirement of pre-trial bond conditions in cases that have
not been indicted are without jurisdiction. Numerous defendants have been arrested
and incarcerated under this procedure. Every time an objection has been raised, the
Court has either released the defendant at a later date or not accept the case.
IV.
If it is true that the District Attorney is rejecting this case, it only serves to
verify and support our position that the District Court has no jurisdiction and no
reason to have a standing pre-trial order.
V.
KRISTIN BOWLING was incarcerated for over 90 days despite having an
evidentiary hearing of the lack of jurisdiction of the order.
VI.
Appellant requests that the District Attorney’s filing of its Notice of Rejection
be struck from the record since a copy of such was not sent to the Attorney of record
nor was I notified of my client’s release from jail.
VII.
Without intervention by the Thirteenth Court of Appeals that the local District
Court will continue to violate the Defendant’s constitutional rights with its standing
order requiring pre-trial conditions on bonds or cases that have not been indicted.
WHEREFORE PREMISES CONSIDERED appellant urges the Court to
reject the notice filed by the District Clerk since it was not served on appellant’s
attorney. Appellant seeks to continue with her writ of mandamus and requests for an
order of prohibition.
Respectfully submitted,
DAVID T. GARCIA
ATTORNEY AT LAW
721 E. KING
KINGSVILLE, TX 78363
PH: (361) 595-4142
FAX: (361) 595-0544
/s/David T. Garcia
By: __________________________________
DAVID T. GARCIA
State Bar No. 07631800
davidtgarcia0881@gmail.com