Sworn complaints below: Securing Execution of Documents by Deception - Texas Penal Code Sec. 32.46 - 2nd degree felony. But the real EVIL - Official Oppression - by JUDGE PAUL BANNER - $62,885 FINE for having made a counter-claim in a court of law - First Amendment Retaliation! sworn complaint more below. Also this NEW: OFFICIAL NOTICE
Before the fraudulent "BEAVER DAM" suit upon me, I was peacefully RETIRED on my farm, taking care of my cows and invalid 90 year old mother, and had only known the courthouse from getting LICENSE PLATES! The "Beaver Dam Scheme" suit
Now I am accused of "living in the courthouse", "vengeance and anger towards the legal system", and sued for "libel", "libel and slander", etc., "with malice", and for causing a lawyer "to suffer from stress, anxiety, and loss of confidence", and loss of the "benefits of social intercourse", etc. ad nauseam. Lawyer's suit for libel and slander And $700,000 or so (with the 10% interest since 2002) in unlawful judgments and liens against me - (I surely don't have that kind of money!)
But the real EVIL - is Texas "senior visiting" Judge Paul Banner! assessing a $62,885 FINE on me for - upon me being sued - for making a "well - intentioned" (Judge Paul Banner, as caught by the court reporter!) counter-claim - a First Amendment Right! criminal complaint - text only criminal complaint - w exhibits Hearing (AUDIO) "with" Judge Banner. And for context and background, Happy April Fools Day - would be funny - if it were not so EVIL. And for more "depth" - Hearing (AUDIO) before Judge John McCraw re Judge Paul Banner. Listen for YOURSELF! Judge Banner was present! Good law in there on Due Process and First Amendment. Related documents: Oral Pleading in Writing Assignment of Judge Banner Assignment to Pass out Pumpkins Suit to declare these judgments as NULL Amended suit to declare these judgments as UNLAWFUL (damning) w exhibits Hey, FBI - time to pick them up
But the real QUESTION - upon Judge Paul Banner - why would Judge Paul Banner do this upon me? And keep on doing such upon me for TWELVE (12) YEARS? What does he have to gain? Whose bidding could he be doing? The "Westfall Bunch", to whom he shoveled all these FINES? Judge Mary Murphy, Presiding Judge First Administrative Judicial Region, who keeps on assigning him? I would NOT think so. So WHY? WHY? WHY?
Short ANSWER - "Oh Horror of Horrors" - a Pro Se whistle-blower - (me) countering with a civil RICO ("civil racketeering") claim - as encouraged by no less than the US Supreme Court in Rotella vs Wood ("private attorneys general") - and as permitted in State Court - per US Supreme Court Tafflin vs Levitt - bringing a counter-claim - in full legal conformance - upon a "pattern of racketeering activity" - claiming abuse of the 294th District Court - as the "enterprise" ("affecting interstate commerce") per definitions in the RICO statute - and entering such counter-claim - in the VERY 294th District Court - in which I was being fraudulently sued! "Oh Horror of Horrors!" Judge Paul Banner Admission (re RICO) - as caught by the court reporter! for details and the law on civil RICO: Petition for Writ of Certiorari to the Supreme Court of the United States Also Hearing (AUDIO) before Judge John McCraw re Judge Paul Banner Listen for YOURSELF! Judge Banner was present!
Short ANSWER - "Oh Evil of Evils" - Judge Paul Banner, in furthering the Westfalls' unlawful scheme - as the OPPORTUNITY AND MEANS to execute HIS OWN unlawful scheme of Official Oppression - of course makes him a 100% ACCOMPLICE in THEIR scheme of SECURING EXECUTION OF DOCUMENTS BY DECEPTION - FIRST DEGREE FELONY Penal Code 32.46 because of the HUGE amounts involved - SEVEN YEARS statute of limitations - running anew upon Judge Paul Banner in 2014 re-executing the original crime - by "revival" of all HIS unlawful 2002 assessments - as had by 2014 gone "dormant" - Details in the criminal complaints, below. Hey, FBI - time to pick them up
WELCOME ABOARD - and WARNING - "Ladies and Gentlemen" - Whosoever, having been ON this "tar baby" - we are now on our SIXTH judge in cause 14-00266 (Judge Teresa Drum, Judge Randall McDonald, Judge Joe Leonard, Judge Richard Mays, Judge Joe Clayton, and now Judge Don Metcalfe). Plus TWO in the underlying 00-00619 fraudulent "Open Account" cause (Judge Paul Banner, Judge Ron Chapman). Plus TWO more in the under-underlying fraudulent 0095-0063 BEAVER DAM case (Judge Tommy Wallace, Judge James B. Zimmermann). Plus THREE more in all the other causes: (Judge Don Jarvis, Judge Andrew Kupper, Judge John McCraw). Plus THREE First Administrative Judicial Region judges (Judge Pat McDowell, Judge John Ovard, Judge Mary Murphy). Plus TWO District Attorneys, and now ONE extra "attorney pro tem" (look up the term) - Plus WHATEVER other judges and other assorted kinds - all the way up to the Supreme Court of the United States - SHAME ON YOU! Plus TWO all week jury trials. ALL OF YOU, having RECEIVED, or now having KNOWLEGE OF these criminal complaints, and in spite of your sworn duty to "preserve, protect, and defend etc" - NOT doing so - WELCOME ABOARD! CEASE AND DESIST - text only CEASE AND DESIST - w exhibits - (7.0MB) Criminal Complaint to Van Zandt District Attorney - re Judge Paul Banner - plain tutorial language - very early 2002 criminal complaint to then District Attorney Leslie Dixon. She actually let me present this to her GRAND JURY - then argued against me ALL THE TIME.
SHORT INTRO - How did this seemingly "simple" fraud - over a natural BEAVER DAM - in a natural creek - get so out of hand - to $700,000 or so in judgments and liens - NO UNDERYLING DAMAGES - of any kind - all fraudulent "attorney fees" - and attorney fees for suing for "attorney fees"? The [$85,000] "judgments" and [$62,885 + $125,770] "sanctions" - on their faces in violation of the First Amendment and due process - and NOBODY in law enforcement will do anything about it - see below. Been going on upon me for TWENTY (20) YEARS. That is how this site came to be - because NOBODY in law enforcement will do anything about it. So, enough is enough - and here I AM! For a fast-paced general intro, read Happy April Fools Day . For those seeking a more "legalese" format, read Petition for Writ of Certiorari to the Supreme Court of the United States, and for details, the TWO (2) layers of appeal courts documents (Texas 5th COA in Dallas, Texas Supreme Court) in between - see below. "The Emperor has no Clothes!" CEASE AND DESIST - text only CEASE AND DESIST - w exhibits - (7.0MB)
SHORT ANSWER - I have thought about this quite a bit - over the last 20 years. It has to be, that either 1) THE WHOLE SYSTEM IS CORRUPT AND OUTRIGHT CRIMINAL - or 2) SOME OF THESE GUYS ARE JUST PLUM NUTTY - - and plum evil underneath, but it does not normally show - with TWO lawyers in there to sort of keep the "queen bee" (the judge) from doing anything too idiotic. My experience is mainly with these senior "visiting judges" types -- that it is some sort of "occupational disease" - - like from sitting on high perches -- and having lost touch with reality from watching "the lawyer show" for too long -- else some kind of "stupid virus" that they catch between each other. Their conduct becomes "problematic" with ONE lawyer missing - - and plum idiotic when there is NONE. Official Oppression and Abuse of Official Capacity - by Judge Joe M Leonard w exhibits . Likewise with the idiotic hearing before Judge Ron Chapman - to recuse Judge Paul Banner (remove him from the case) - there was NOT EVEN A CASE left in the court! Happy April Fools Day.
SHORT INTRO - via AUDIO - step right into the fire with me - REAL COURT HEARINGS - real "doozies", but good constitutional law in here: Hearing "with" Judge Paul Banner - evil beyond belief - me lecturing him about his unlawful "assignment" for this hearing, comparing it to my spoof Assignment to Pass out Pumpkins from his "perch". Hearing before Judge John McCraw - re Judge Paul Banner - hearing was about this suit, Judge John McCraw told me to "bring your toothbrush" (for SIX months in jail) - if he ever saw me again! On the lighter side: Pre-Admittance at our JAIL? "we feed our inmates" "all you'll be able to bring - are your GLASSES" (no "toothbrush" - I suppose?)
SHORT INTRO - via the criminal complaints- These sworn "packages" - each with sworn evidence - can serve as a sort of "executive summary" over this whole sorry mess - evincing the very fraud from the start via a suit claiming an "open account" - for "legal fees" (there just ain't no such animal) - and Judge Paul Banner "aiding and abetting" all along - including unconscionable questions and instructions to the jury - and unlawful "sanctions" of $85,770 for having made a "well-intentioned" (judge Banner's phrase) counter-claim (a First Amendment Right at that).  Securing Execution of Document by Deception - re 1st judgment w exhibits  Securing Execution of Document by Deception - re 2nd judgment w exhibits  Securing Execution of Document by Deception - re 3rd judgment w exhibits  Official Oppression and Abuse of Official Capacity - by Judge Paul Banner w exhibits  Official Oppression - by District Attorney Chris Martin w exhibits  Official Oppression and Abuse of Official Capacity - by Judge Joe M Leonard w exhibits  Earlier Complaint - re Judge Paul Banner - text only Earlier Complaint - re Judge Paul Banner - w exhibits Ready "assortment" for the DA to take to the grand jury - except for one little problem - ONE of the complaints - is upon the DA - no. 5 above. Also, more below.
NEW - not as sworn criminal complaint - but as OFFICIAL NOTICE to the "court majors" - the real EVIL - the DRIVING FORCE - is JUDGE PAUL BANNER - wanting to PUNISH me for having made a counter-claim when I was sued - (he said so - and DID so). A court by CIVIL process CANNOT PUNISH for something in the PAST! - PERIOD. Much less so for exercising a First Amendment Right! - yet he did it anyway! (Note: civil process pseudo "punishment" is strictly to coerce one - into doing - or not doing something. "keys to own release") OFFICIAL NOTICE - as sent OFFICIAL NOTICE - no attach OFFICIAL NOTICE - w attach . Also, here again, earlier CEASE AND DESIST - text only CEASE AND DESIST - w exhibits - (7.0MB) Also, here again, 2002 much earlier Criminal Complaint to Van Zandt District Attorney - about Judge Paul Banner And, here again, my earlier complaint Criminal Complaint to Van Zandt District Attorney - about Judge Paul Banner FOLKS - I do not want to have to take a TWO BY FOUR across your heads - BUT THIS IS OUTRAGEOUS! Hey, FBI, where are you? Time to come and pick them up.
MAJOR SUPPORTING DOCUMENTS - With all this briefing - these guys KNOW - but ... ... Criminal Complaint to Van Zandt District Attorney - re Judge Paul Banner (in 2002, VERY specific - then DA Leslie Dixon actually let me present this to her Grand Jury - and then ARGUED against me the whole time - ("this is a civil matter - you need to go to a lawyer, etc") in the Texas Dallas Fifth Court of Appeals: Brief for Appellant Appellees' Brief Appellant's Reply Brief Motion for Trial Judge to Produce Findings To Judge Banner - what the hell is going on? Objections to Just Made Findings Motion for Oral Argument Petition for Rehearing En Banc in the Texas Supreme Court: Petition for Review Appendix to Petition for Review in the US SUPREME COURT: Petition for Writ of Certiorari (PDF, very specific)
Some of the Latest: Hearing before Judge Joe M. Leonard - he screws up real bad - gets himself bounced off the case - immediately - upon my my criminal complaint upon him. Judge Richard Mays assigned - I have declared "ready for trial" - to show to a jury - for a "finding", that these pieces of paper ("judgments") - do IN FACT - violate the law! "The right of trial by jury shall remain inviolate". Texas Constitution, Article 1 Section 15. Texas Right to trial by jury in ALL cases is unique! Texas makes NO distinction regarding suits in "common law" and in "equity". Detail later. Too late for press: Judge Richard Mays off. Judge Joe Clayton off. We now have Judge Don Metcalf. In the 294th District Court to start - then to the County Court at Law - and now back into the 294th again. County "out of money" for "visiting judges". (In the District Court - the State picks up the tab) This whole mess has cost the STATE and County a BUNDLE - for me, mainly TIME - but I learned a lot - and certainly encountered some really strange "specimen". Curious issue is why Judge Mary Murphy "transferred" this "tar baby" case into the Court at Law in the first place - it is "highly customary" - to send a "visiting judge" - INTO THE COURT - that requested "assignment" in the FIRST PLACE!
EVEN THE DA - our very own Van Zandt District Attorney - aiding and abetting the evil in the COURT) DA setting me up for criminal trespass by maligning me to law enforcement I counter with SWORN COMPLAINT of Official Oppression as notarized BACKGROUND: From DA - "yes, we prosecute official oppression" To DA - Complaint of Official Oppression To DA - Complaint of securing execution of documents by deception From DA - sorry response one gets To DA - "please explain re why not a crime" To DA - "please explain re statute of limitations" SWORN COMPLAINT - Securing execution of documents by deception re THIRD judgment w exhibits SWORN COMPLAINT - Securing execution of documents by deception re FIRST judgment w exhibits To DA - email "DO THE RIGHT THING MR. DA" re my 8-6-2015 stopping by at the DA From DA - our DA is setting me up for criminal trespass To DA - my inquiry as to all his "COPY TO" SWORN COMPLAINT of Official Oppression as notarized SO ASK YOURSELF (or your DA) - "WHY such hard come-down - for me just petitioning my government (the DA). ("DO THE RIGHT THING MR. DA"). The underlying "ELEPHANT IN THE ROOM" was of course - Official Oppression and "inconsistent with due process" in the 294th District Court - BY JUDGE PAUL BANNER - and now the DA "blowing smoke" all around - to put out the fire I was trying to light under him.
THE ROOT OF THE EVIL - our very own 294th District Court of Van Zandt County - and all the way up the line - to the very NINE robes at the very top (supporting documents, below). Complaint of Official Oppression Complaint of Securing Execution of Documents by Deception Response from Van Zandt District Attorney (they swept it under the rug!) Motion for Recusal of Judge Paul Banner Petition to Set Aside Order Reviving Judgment Petition to Set Aside Judgments What this is all about -- RETALIATION by "Abuse of Official Capacity" - to make an example of a Pro Se DEFENDANT - who vigorously was NOT ENTIRELY STUPID -- "to stop Birnbaum and others like him" -- "a delusional belief held only inside the mind of Birnbaum" FIRST JUDGMENT: Fraudulent Court's Charge to the Jury SECOND JUDGMENT: Unlawful Sanction of $62,885 THIRD JUDGMENT: Unlawful Sanction of $125,770 JUST READ THIS STUFF. A window into their minds! Did they just get caught this time - because I had no lawyer and "not entirely stupid"? Or do this stuff all the time? First Interrogatories to Judge Paul Banner First Interrogatories to Judge Ron Chapman Civil RICO suit against Judge Paul Banner BEAVER DAM Madness: Petition to Set Aside Judgment of Injunction Judge John Ovard - Get this Madman off My Back NEW: Corruption of the judicial machinery itself: Original Petition for Injunctive Relief Get these damn courthouse criminals off my back! CEASE AND DESIST (7.0MB w exhibits) as Text Only Enough is Enough: Oral Pleading in Writing Oral Pleading in Oral - (AUDIO) Assignment of Judge Banner Assignment to Pass out Pumpkins THE DIARY OF A MADMAN Hey, FBI - time to pick them up: Suit to declare these judgments as NULL (a damning concise summary)
IN THE COURT AT LAW - How did this matter wind up in the inferior Van Zandt County Court at Law - to "rule" on the lawfulness of what its superior sister, the 294th District Court of Van Zandt County, had done? I had tried, in the 294th, in the old No. 00-619 Westfall case, Petition to set aside Judgments and Petition to set aside Order Reviving Judgment (the judgments had gone "dormant?" after TEN years?) - with NO response by the Court - except same "visiting" judge Paul Banner - who was the object of the all the "unlawfulls" in the first place - denying "Motion to Reconsider" - where there was of course no such motion at all - and no authority whatsoever to even "reconsider" -- that old 2002 stuff having gone "final" in 2002 - in 2014! (legalese: "plenary power had expired") So, out of pure desperation, I finally entered, in the 294th, new suite No. 14-00266 as Original Petition for injunctive relief - against the "Westfall Bunch" - to forbid them from using these unlawful frapping "pieces of paper" - i.e. these "judgments". Then amended the suit to First Amended Original Petition to Declare three judgments as inconsistent with due process, unlawful, criminal, and void w exhibits - (the mere title says it all!) - taking the "Westfall Bunch" out of the case - without ever having served suit on the Westfalls, i.e. NO DEFENDANTS in this cause at all. (except the "three pieces of paper?) This had a MAJOR impact - although I had not thought it out that way - turning common "litigation" - into extraordinary "petitioning" of government" - for "redress from grievances" (First Amendment). Even the judges did not see this one coming - i.e. (3rd) judge Joe Leonard - and his unlawful "vexatious litigant" .
continued - Then filed (still in 14-00266 in the 294th) Notice of Concurrent Criminal Complaint w exhibits. That is when the "fit hit the shan" - i.e. the immediate Order of Voluntary Recusal - by (1st) judge Teresa Drum - followed by the immediate Order Transferring of the cause into the inferior Court at Law (to rule on the lawfulness of what its superior sister court had done?) - by First Administrative Judicial Region Presiding Judge Mary Murphy (she does NOT have authority to "transfer" cases, only to "assign" judges - of course into the SAME court where the judge had "recused" off the case) - followed by the immediate Order of Voluntary Recusal - by Court at Law (2nd) judge Randall McDonald - and the Order of Assignment by the Presiding Judge - of "visiting" (3rd) judge Joe M. Leonard - followed by my "how the cow eats the cabbage" Synopsis upon Transfer and Plea to the Jurisdiction and Sanity (the name says it all) - as to this crazy transfer into this Court at Law - also clearly outside the $200,000 jurisdictional limit of the Court at Law - and certainly NOT with the required "agreement" of Court at Law Judge Randall McDonald - as required for a TRANSFER, followed by, upon my strong pushing, of Notice of Court Setting - followed by all kinds of fur flying: badmouthing by the non-defendant Westfalls! (they showed up for the "hearing"!)
short "out" - very important "aside" to the "fit hit the shan". Lawyers are FORBIDDEN to raise a criminal issue in "litigation" - it is deemed "raising a criminal issue to gain an advantage in litigation" - or something like that - and they can loose their license. Such rules of course do NOT apply to a self-representing Pro Se, where the issue, the ONLY issue - is "unlawful" - and no opposing party at that. That is why the "fit hit the shan" - upon my criminal complaint - and everybody, instead of doing their duty - per their oath of office - and let the petitioner of government - me - petition his government (the judge) for redress of grievances under the First Amendment - ALL SCATTERED like a bunch of cats! And ever after. That is why we have our SIXTH judge! (Plus TWO more "voluntary" recusals by then judge Tommy Wallace and judge James B. Zimmerman in the way down underlying BEAVER DAM mess! SORRY STATE OF AFFAIRS. SHAME.
continued - "The Rest of the Story" is best told by my sworn criminal complaint (read it - very informative) upon what (3rd) judge Joe M. Leonard had "put" upon me at his "hearing" - i.e. declaring me, without due process - as a vexatious litigant - and ordering the clerks of BOTH courts to inform the State of Texas - to "post" my name on the web - ALL punishment upon me for petitioning my government (Judge Leonard) - under my First Amendment Right - for redress from what my government (the 294th) had done to me - (it was not "litigation" - there was no "opposing party"). And again, Judge Joe M. Leonard ruled upon NOTHING in the case - except for his unlawful "vexatious litigant" Prefiling Order. Truly amazing! SHAME.
continued - next comes tortured assignment of (4th) judge Richard Mays - who sets aside the Judge Joe Leonard unlawful Prefiling Order with Order Vacating and Setting Aside Prefiling Order. Only problem - Judge Joe Leonard had additionally issued Amended Prefiling Order, so Judge Richard Mays had to additionally set aside that unlawful order with tortuous worded Amended Order Vacating and Setting Aside Prefiling Order and Amended Prefiling Order - clearly stating what I had stated in my Criminal Complaint upon Judge Joe Leonard - that it was plum unlawful what Judge Joe Leonard had done upon me - upon petitioning my government - i.e. official oppression. And, without addressing any of the UNLAWFULLS in my petitioning before the court - Judge Richard Mays disappears. Regarding Judge Mary Murphy's ridiculous "appointment" of Judge Richard Mays - to be the "local administrative judge" - of Van Zandt County - but for me and me ONLY - such is of course plum ridiculous. Judge Murphy cannot "appoint" at all - that can only be done by an executive officer - like the governor - with confirmation by the Senate! SHAME.
SHORT "TAKE" ON "VEXATIOUS LITIGANT" - google on "texas vexatious litigant list" - or something like that. The Oct. 14, 2015 official Texas web site list me as the NEWEST on the list, the FIRST EVER from Van Zandt County - since they started keeping records - in 1998! See my Official Oppression and Abuse of Official Capacity - Judge Joe M Leonard w exhibits
START - CONSTRUCTION ZONE --the BEAVERS are down below
SHORT "TAKE" ON STATUS - in the Van Zandt County Court at Law. Before the Court, indicative of the "flavor" of this cause, the following:  First Amended Original Petition to Declare Three Judgments as inconsistent with due process, unlawful, criminal, and void w exhibits  Notice of Concurrent Criminal Complaint upon this Matter w exhibits  Synopsis upon Transfer w exhibits – the absurd unlawful “transfer” of this cause, and  Plea to the Jurisdiction and Sanity. Setting for Oct. 8, 2015 before Judge Joe M. Leonard was for Plea to the Jurisdiction and Sanity. Instead of addressing what was on the agenda, Plea to the Jurisdiction and Sanity - that this case does not belong in this court - and taking a cue from "The Westfalls" - who were not even a party - and "lights in" upon me - just like Judge Paul Banner had done for "The Westfalls" in the 294th no. 00-619 - which matter I was complaining of in THIS cause! And just like Judge Paul Banner - he puts an unlawful unconditional (no "keys to own release") contempt on me - by civil process - "turning me in" as one of those awful "vexatious litigants" to the State web site.
continued- And I was not even "litigating" (i.e. two adverse parties) - It was just me, Pro Se, petitioning my government (Judge Joe Leonard) per my First Amendment Right, for relief from what my government (Judge Paul Banner, the 294th) had done to me. Judge Joe Leonard does not "rule" on what what was before the court for today - or ANYTHING else before the court - just out of the clear blue sky unlawfully and wrongly declares me a "vexatious litigant" with his all-screwed-up Prefiling Order (details later), orders the clerks of BOTH courts (294th, Court at Law) to turn me in to the State to post onto the web - I am the FIRST and ONLY "vexatious litigant" from Van Zandt County - since they started this mess in 1998! Go google on something like "texas vexatious litigant list" - even has the all screwed up Prefiling Order. (more to this mess down later - the court had to "eat crow" - not once - but TWICE!
continued - I type up Criminal Complaint of Official Oppression upon Judge Joe Leonard - text only w exhibits, e-mail it to First Administrative Judicial Region Mary Murphy - who had assigned Judge Leonard in the first place - and presto third (3rd) judge Joe Leonard immediately gets himself bounced off this case by Judge Mary Murphy's Order - and we next have our (4th) judge - Judge Richard Mays - assigned not only to "try" the case - but appointed as the "local administrative judge" - for my case ONLY - and ONLY for the purpose of providing me with a "local administrative judge" - to rule on such other litigation as I might want to file in the 294th or the Court at Law - BOTH of the Van Zandt County local administrative judges, i.e. 294th Judge Teresa Drum, and Court at Law Judge Randal McDonald having previously "voluntarily" recused themselves off this "tar baby" case! Talk about idiotic! (Note: The Judge Joe Leonard stupid Prefiling Order required me to present any new filing to the "local administrative judge" - BUT THERE WAS NONE!
Next shows up Judge Leonard's hurried Voluntary Order of Recusal (THIRD "voluntary" in this cause) - and his still-all-screwed-up Amended Prefiling Order. Judge Richard Mays now assigned - not only to "try" the case, but to be the "local administrative judge" for the 294th District Court and the Court at Law - but ONLY for matters regarding me, Udo Birnbaum, to provide me a place to get "permission" to file in the court - per the screwy Judge Joe M. Leonard Prefiling Order - BOTH of the "local administrative judges" having "voluntarily recused themselves. Even my Plea to the Jurisdiction and Sanity - did not cover such insanity! Too late for press - Judge Richard Mays OFF - yet another (No. 5) - Judge Joe Clayton www.judgeclayton.com (Judges Drum, McDonald, Leonard, Mays, now Clayton!)
continued - I have declared "ready for trial" - to show to a jury - for a "finding", that these pieces of paper ("judgments") - do IN FACT - violate the law! As for the Texas Right for trial by jury: "The right of trial by jury shall remain inviolate, The legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency". Texas Constitution, Article 1 Section 15. Texas Right to trial by jury in ALL cases is unique! Texas makes NO distinction regarding suits in "common law" and in "equity". I am not a lawyer - but as I read the law, suits at "common law" are the likes of where one sues another, for the likes of negligence - for damages, an injunction, and the likes. Suits at "equity" is where one "sues" - or rather "petitions" - to correct some "wrong". Historically there were courts for common law, and separate courts of equity. Delaware is the only state that still has separate courts. But the distinction between the "type" of case is still carried into the right to trial by jury - except in Texas! As for "such laws as may be needed to regulate" - that is the rules of civil procedure - like "summary judgment" and the like - which does NOT apply to this "case" - there is no party on the other side - to bring such motions. But no telling what Judge Richard Mays "may" or "may-not" do. Nobody else has abided by the law! Anyhow, I have declared "ready for trial" - by a jury!
SHORT FLASHBACK - to the "beaver dam scheme"- That was in the 1994 - 1998 - 2006 time frame - in our very own 294th District Court of Van Zandt, in 1998 under District Judge Tommy C. Wallace - long before District Judge Teresa Drum in 2003, the all-week trial under "visiting judge" James B. Zimmermann, but already same PATTERN as in the current mess (fraudulent jury questions). BOTH of those TWO - also "voluntarily" recused themselves. Judge Ron Chapman last judge - see Happy April Fools Day - gets assigned to the then TEN (10) YEAR OLD or so - BEAVER DAM CASE - SIX (6) YEARS or so after trial! Details - a few paragraphs down.
BACKGROUND - starting with the beavers - Adjacent landowner, retired military (William B. Jones, deceased), in 1994 unbeknownst to me, on Steve's Creek at a remote corner of my farm, on his land declares war on BEAVERS - with DYNAMITE - blowing a 15 foot gap in their dam - and flushing FOUR (4) feet of water, sand, and whatever else from BULLDOZING the whole area - down upon my property. Then about a year later, fearing the enemy would come back, wants permission to also "treat" Steve's Creek on my property for the "overgrown rats". Permission denied. No beavers or dams left. Problem is in his head.
continued - Goes to Canton attorney Richard L. Ray, who sues me for "unlawfully and wrongly" violating Section 11.086 of the Texas Water Code - for ME in 1994 having built a dam - "extending etc" - a perfect description of a BEAVER DAM! All week jury trial on that in 1998, a jury verdict of ZERO damages - and "visiting senior" Judge James B. Zimmerman and attorney Richard L. Ray wanting to impose a "permanent mandatory injunction" - and $10,000 in attorney fees against me. I complain LOUDLY in the court.
continued - BEHEADED CALVES - without any traces of blood - show up at my farm - makes a full-page COLOR spread in the Athens paper. Devil worship? Catches the attention of big-time Dallas lawyer G. David Westfall (deceased, run over by his own tractor) --- who was being prosecuted for animal cruelty for starving 60 animals - gets one of his lady clients working off her legal fees stuck a Westfall Family Farms - to solicit me into getting G. David Westfall to "save" me from that "pocket of corruption" aka the 294th District Court of Van Zandt County.
continued - I retain G. David Westfall - $20,000 non-refundable prepaid (oh, what a trusting fool I was!) - who by tosurrepteous eptiously avil - being the one my properyacross my property. declares warnear a remote corner of my property on Steve's Creek to the "beaver dam scheme"- That was in the 1994 - 1998 - 2006 time frame - in our very own 294th District Court of Van Zandt, in 1998 under District Judge Tommy C. Wallace - long before District Judge Teresa Drum in 2003, the all-week trial under
HIGHLIGHTS IN THE 294th- INCOMPLETE
SUGGESTED INDICTMENTS - Hey, FBI, where are you? It is past time to come and pick them up. I have been complaining - ever since 1995 - and all I get is "dear john" stuff like this - and "advice" from the Tyler FBI - that I cannot - and they will not - do anything about it - and upon my visit to the Tyler FBI, the agent actually suggested to "JUST SHOOT THEM". (I have proof - I am not making this up) So here are some detailed prepared "indictments" (as a civilized alternative to "just shoot them") - provided in proper "legalese" with marked up evidence - THREE DISTINCT INDICTMENTS, THREE DISTINCT DATES, THREE DISTINCT "PRINCIPALS" - all Texas Penal Code Sec. 32.46 of Second Degree Felony (above $100,000.00) - for "SECURING EXECUTION OF DOCUMENT BY DECEPTION" - ready to pass by the Grand Jury: Indictment for securing execution re FIRST "judgment" Indictment for securing execution re SECOND "judgment" Indictment for securing execution re THIRD "judgment" For reference, Texas Penal Code Sec. 32.46 When you knowingly do "secure execution" on what you know is your own 2002 lingering fraud - that is a fresh property crime in 2014 - and well within the 7-year statute of limitations - for a crime that strikes at the very heart of the integrity of the documentary process. PLUS NOW THREE MORE
VIDEO COLLECTION - "just shoot them" - coming
END - CONSTRUCTION ZONE
Stench in the Court"
Attorney Richard L. Ray, for his "BEAVER dam scheme" suit? PDF
Judge Tommy Wallace, for allowing lawyers to do such stuff in his court? PDF
Judge Richard Davis, sham mediation, to cover up such stuff? PDF
Judge James Zimmermann, who put fraudulent questions to the jury? PDF
Attorney G. David Westfall, fraudulent suit for "legal fees", claiming "open account". (Was prepaid) PDF
Judge Paul Banner, who likewise put fraudulent questions to the jury? PDF
Judge Ron Chapman, who got so mad he could not think and FINED $125,770, then got assigned to the stupid BEAVER case, and "lost it" again? Docket entries
Judge Andrew Kupper who FINED $1050, would not
take action on the fraud he learned of in the BEAVER DAM case and those
huge retaliatory unlawful FINES, then himself got assigned to
the stupid BEAVER case?
Judge John Ovard, Presiding Judge of the First Administrative Judicial Region, who assigns these MONSTERS? PDF
Gregg Abbott, Texas Attorney General, who provides in-house lawyers to DEFEND these monsters, when he should be prosecuting them? PDF
"Oh what tangled webs we weave, when first we practice to deceive"
BEAVER DAM scheme"
Adjacent landowner gets real mad when I would not sign a "permission request" to let him DYNAMITE on a creek on my farm for the "overgrown rats".
Goes to attorney Richard L. Ray, who sees "legal fees" and TWO suckers, but knows he can't sue me over BEAVERS - they are not my beavers - so lawyer fraudulently changes the facts to me building and maintaining a dam ("The Dam") in violation of Section 11.06 of the Texas Water Code!
Judge Zimmermann hides "The Dam" dam from the JURY - the "Water Code" dam!!!
Judge Zimmermann gives the jury fraudulent QUESTIONS - NO beavers -- NO "The Dam" -- NO Texas Water Code -- NO jury instructions -- all fraud! (search for "allow dams"). Questions should have been: "Did he violate the Texas Water Code?"
I did not hire a lawyer, screamed fraud at the top of my lungs -- and judges get so MAD at me that they can't THINK -- and assess hundreds of thousands of dollars in FINES. Happy April Fools Day as PDF as originally published
"Happy April Fools Day"
How, on a DEAD case, TWO visiting judges, ONE hearing a motion to remove the OTHER from the case -- ONE judge from the bench, the OTHER from the witness box -- managed to assess a $125,700 FINE against a then 67 year old non-lawyer, on APRIL 1, 2004 -- for having filed a ONE page motion to recuse SIX months ago!
Order on Motion for Sanctions -- Judge Ron Chapman painting me as the devil -- "a delusional belief held only inside the mind of Birnbaum" -- a MEDICAL diagnosis! go diagnose yourself, you idiots. PDF
If there is insanity around, well, some of us gotta have it!"
TEST ONLY - Judge Poopi Poopcicle - see what all nonsense Google catches - and how fast - just a fun test Judge Poopi Poopon 160114
TEST ONLY - District Judge Abcde Fghjk - just a fun test
THE BEAVER DAM CASE - latest
THAT ASTRONOMICAL FINE CASE - latest
Petition to Set Aside Order Reviving Judgment - Judge Paul Banner lacked "jurisdiction" (authority) to make such Order.
Petition to Set Aside Judgments - This mess has THREE - there can only be ONE judgment in a case. Key legal phrase: "inconsistent with due process"
Judge John McCraw wants to put me
in JAIL for SIX (6) MONTHS! -- tells me to "bring
my toothbrush" - if he ever sees me again!
They choose to be a lawyer, then judge, and when retired, sign on to the "visiting judge" program, get assigned to go "visit", get well paid for it, then get MAD when they have to come sit on a case. "If there is insanity around - well, some of us got to have it". There should be a requirement for an "ANNUAL INSPECTION" - - to make sure they still exhibit "judicial temperament" - and not fly off the handle. incomplete Checking at the Jail - for "pre-admittance" audio Full McCraw hearing - a REAL doozy - outright refusal to go by the law: AUDIO OF HEARING
The Beaver Dam Scheme (as Q/A)
Your neighbor wanted to use DYNAMITE on YOUR farm?
Why did you not give him permission?
So he sued you?
How can he sue you over wild beavers?
How can beavers violate the Texas Water Code?
What do mean by fraud?
So why did you not complain to the judge?
So why has this case been going on now for
Why do you use as strong a word as shyster and
So, what is this case really about?
How about in terms not quite so broad?
to be continued
Those Huge Fines (as Q/A)
What started all these horrendous FINES?
Isn't "open account" like a lumber yard
supplying a builder?
Was your arrangement with your lawyer like that?
Then how can he sue you under "open account"?
What do you mean by soliciting you?
Did you know David Westfall was soliciting you?
What about that strange JUDGMENT by the Dallas Court?
You said you fired David Westfall, your attorney, upon
to be continued
More "goings on"
Letter to US Attorney's Office -- they can't put $62,885 and $125,770 unconditional punishment by civil process! A “new and evolving angle” of hiding in plain sight, in an institution we normally associate with doing good – the courts – and do evil. PDF WORD FBI website re public corruption
Judge Chapman's $125,770 Sanction -- all he was assigned to do was decide if Judge Banner needed to be got off the case! Just look at all those hateful words he used. An open window to his mind!
Richard Ray is upset over my using the phrase "shyster lawyer" in describing his BEAVER DAM case upon me. PDF
But then, some people WANT a "shyster lawyer".
My defense, of course, is that he IS a "shyster lawyer". PDF
And, as an attorney "public citizen" he has to prove
"actual malice" on my part, i.e. that when I used the phrase, I then
KNEW that he was NOT then a "shyster lawyer".
He has to PROVE that I DO NOT INDEED BELIEVE that he was in fact, then and / or now, a "shyster lawyer". Good Luck.
Original Petition - Richard Ray counter for libel etc PDF
A lawyer has a DUTY to be honest, lest
he be in violation of the federal anti-racketeering statute, "RICO"!
Games in the Court (as Q/A)
With all this smoke, what is at the bottom of
Did not all this stuff start over BEAVERS?
What does that have to do with BEAVERS?
Absolute Immunity (as Q/A)
Aren't these judges claiming absolute judicial
Who all is entitled to absolute immunity?
NOTE: The below kept as "as was", as was at the time I was sued for "Slander and Libel", "Libel", and "Intentional Infliction of Emotional Distress", and
"caused the Counterclaimant to suffer from stress, anxiety, and loss of confidence", and
"deprived Counterclaimant of the benefits of public confidence and social intercourse."
As an attorney "public citizen", and under the US Supreme Court's Times vs. Sullivan, he has to prove "actual malice", i.e. that at such time as I may have referred to him in the context of "shyster lawyer", that at that time I did not indeed believe that he was such. GOOD LUCK!
"Oh what tangled webs we weave - - when first we practice to deceive"
Besides - "shyster" is an OPINION (First Amendment) - not a statement of FACT.