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Texas Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: If a mandate was handed down from the apellet court in a criminal case and the district clerk did notify anyone for 1 yr

Is that legal the decedent was out on bond for a little over a year after the mandate was issued also tdcj was never notified of her release on appeal bond and sent her discharge papers now they put a warrant out is there a post conviction motion or a proceduralproblem

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Your question is a bit unclear. The mandate of an appellate court is issued by the clerk of that appellate court to the lower court.

The district clerk is a clerk of the district courts. If the mandate was issued to a district court, the district clerk would be the one receiving the...
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1 Answer | Asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas on
Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Belton Texas Howlegal 4 a judge to allow a person indicted for a capital case to represent themselves when an attorney

When a attorney that is allowed to practice law in belton texas has to do so many extra hours a year to represent a individual accused of capital murders..is a judge is. Legal rights to authorize this? What as his mother do also not given any material saccess to any legal forms money for experts... View More

John Michael Frick
John Michael Frick
answered on May 10, 2023

A person has a constitutionally protected right to represent himself in a criminal case, including a capital murder case. A judge has no discretion to deny that right, no matter how unwise he thinks that decision is.

1 Answer | Asked in Constitutional Law and Patents (Intellectual Property) for Texas on
Q: Can the US Department of Energy give funding for research on USPTO Patents Pending invention of someone else

Aries Project is Advanced Research on IES, my patent pending titled Independent Energy Systems IES. Aries Project opened the same month my USPTO Patents Pending 12 months expired

James L. Arrasmith
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answered on May 2, 2023

It is possible for the US Department of Energy to provide funding for research related to a USPTO patent pending invention owned by someone else, but this would depend on various factors such as the specific details of the invention and the funding guidelines and criteria of the Department of... View More

1 Answer | Asked in Real Estate Law, Constitutional Law and White Collar Crime for Texas on
Q: I had a house mortgaged into my mom for half the value. My sister became my mom's power 9f attorney as well as a realtor

She managed to take my house and put it in her name. How can I sue her for the value of my home now? I don't have any money for an attorney. I believe 8t shows my house 8s valued at 316,000.00 now

John Cucci Jr.
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answered on Apr 24, 2023

If your sister is a Real Estate agent or broker and you believe she has committed fraud and took your interests you can file a complaint with the TX Real Estate Commission.

Good Luck!

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Must I respond to a defendants Affirmative Defenses or wait until discovery I did not even receive the answer with

The Affirmative defenses until 2 weeks after it was filed

John Michael Frick
John Michael Frick
answered on Apr 19, 2023

If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.

Almost always, the discovery period will...
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1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Small Claims for Texas on
Q: Can I sue for being charged with felony but it was dropped to a misdemeanor for wrongful charges/loss of wage for felony

Walmart said I hit the employee showed on camera that I did not hit still charged me with a felony for robbery for under $25 worth of items I got it dropped to a misdemeanor theft of a person may I sue them for wrongful charges and for loss of wages and loss of home

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 16, 2023

No .you can't sue them for the district attorney office over charging you

1 Answer | Asked in Constitutional Law for Texas on
Q: Can a city ban a private residential property from posting a for sale sign?
John Michael Frick
John Michael Frick
answered on Apr 13, 2023

This issue is currently in litigation and is unsettled. The outcome likely will turn on the intent of the city council in enacting the ban and the effect of the ban.

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Texas on
Q: What is the statute of limitations on a federal ADA and constitution cause of action dismissed without prejudice to fill

I want to file a new complaint

John Michael Frick
John Michael Frick
answered on Apr 13, 2023

It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.

A Title II or Title III claim must de filed within two years of the act complained of....
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: In Texas, a civil case is currently in process and its been 6 years this month can court legally authorize destroy files

In Texas if a civil case is ongoing in process (its been 6 years this month), can a court legally authorize to destroy all files from 6 years ago even though the evidence is crucial in the current ongoing case. Does the fact that 2 years of covid added to the delay play a factor when reality its... View More

John Michael Frick
John Michael Frick
answered on Apr 5, 2023

As a rule, Texas courts won’t destroy anything in an open court case.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can I file motions, writs or actions in my own criminal case?

If my criminal defense attorney is stalling and exhibiting neglectful, inadequate and incompetent conduct can I file motions, writs and other actions or documents in my own case? I have filed a grievance but I need some immediate action to preserve my rights to a fair trial.

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

No, Texas doesn’t allow dual representation. You can either represent yourself or have an attorney represent you, but not both.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: What is the definition of a speedy trial in the state of Texas. How long does the state have to get to trial?

If a defendant states to his lawyer and in court he wants to go to trial and no deals, how long does the state have to get the case in front of a jury? Especially, if the state has advised the judge at pre trial hearings on 2 occasions they were ready to go to trial only to cancel the day of or a... View More

John Cucci Jr.
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answered on Mar 23, 2023

Speedy Trial is guaranteed by the 6th Amendment. In TX it is Article 1, Section 10 that gives you the same right. The courts must give you a speedy trial. The accused in jail while waiting for trial gets a faster trial then the accused who is out on bond. If you are in jail after 90-120 days since... View More

1 Answer | Asked in Constitutional Law, Communications Law and Libel & Slander for Texas on
Q: Could you start a class action lawsuit against Fox News for knowingly lying to people, or is it just free speech?
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.

Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise...
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1 Answer | Asked in Constitutional Law and Landlord - Tenant for Texas on
Q: Fraudulent eviction, deceit, manipulates judges have documents from several tenants at yes community file class action?

We was sent eviction papers soon as lease expired we was not late on rent after they filed eviction. Failure to pay lot rent we are buying the home.renting lot sits on in yes communities worlds largest manufacturer community parks for lower income families chance to for them to take advantage... View More

James L. Arrasmith
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answered on Mar 11, 2023

It sounds like you may have a case for fraudulent eviction and other legal issues against Yes Communities and possibly 21st Mortgage. In order to file a class action lawsuit, you will need to find other tenants who have experienced similar issues and are willing to join the lawsuit. It's... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: How can I hold my attorney accountable for failing to act ethical?

due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

It sounds to me like he is using the threat of a motion to dismiss (which will not necessarily be granted) as leverage in plea bargain negotiations.

If he files the motion to dismiss and ultimately prevails, you win.

If he files the motion to dismiss and loses, you lose that...
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1 Answer | Asked in Divorce, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: What happens if I am suffering of remote neural monitoring/V2K and know who is behind it, what can I legally do?

They are my ex-brother/mother/father in law, legal counsel and potentially a law enforcement agency. This began 4 months after my ex-husband filed for divorce, and has been taking place for 1 year and 7 months (roughly, to my knowledge). Who can help me stop them?

James L. Arrasmith
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answered on Mar 2, 2023

Remote neural monitoring and V2K are not recognized by mainstream science as valid technologies, and there is no evidence that they actually exist or can be used to control or monitor individuals. Therefore, it is unlikely that you are experiencing these phenomena. If you are experiencing symptoms... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: I was incarcerated when my indictment went before a grand jury. I never received my indictment by a warden of the court.

I have spent a lot of time on the law library. Everything that I have read states that after the indictment goes through each process of the grand jury. A true and correct copy is to be delivered by a warden of the court. I think a sheriff or constable ordered buy court to bring to the accused. I... View More

John Cucci Jr.
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answered on Feb 28, 2023

There is a lot to unpack in your question. The bad news is that most of the mistakes made by the District Attorney's Office in Texas, can be fixed, without the dismissal of the case against you. Do not get your hopes up too high.

Nevertheless, there are many rules on the Grand Jury and...
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Texas on
Q: How can i fight false allegations from cps

Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

Any time CPS initiates an investigation of you or your spouse, I strongly recommend you and your spouse retaining separate attorneys to represent each of you.

When choosing as attorney, you need to focus on family law attorneys in or near your county with prior recent experience handling...
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2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for Texas on
Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

John Michael Frick
John Michael Frick
answered on Feb 17, 2023

That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.

The breastfeeding statute you cite...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can the police use the smell of marauana line to remove and secure a room for search warrant after being told no

I was in a room in my name in Gainesville texas , police showed up said they received a welfare concern call on a female in my room, she came to the door and told them she was fine , the police officer asked to come in and look around and was told no several times. Then looks at his partner and... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 3, 2023

The police could get a search warrant based on the facts you presented . Retain a lawyer .

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