to answer for .a felony crime unless on an indictement by a Grand

Jury. In fact, historically, Texas State lawmakers would overtime
taken many steps endavouring to attain a point where the above
mentioned constitutionally granted rights could be protected to
the maximum extent just to make sure that every person accused of
any felony charge withing the State of Texas jurisdiction would
be tried upon the constitutionally required Indictement by a Grand
Jury. That can be seen all along Texas Criminal Code of Procedure
from Art. 19.01 and up to Art. 21 where some of the most relevant
issues included would be every step that has to be taken within
the State's judicial system regarding Grand Jury selection from
beginning of the process up to the very end where twelve people
would become an impaneled body of Gran Jurors that shall inquire
into all offenses liable to indictement. TAYLOR V. STATE, 735
S.W. 24.930, 946 (Tex. App.-Dallas 1987), aff'd 786 S.W. 2d 295
(Tex. Crim. App. 1990). They are the people who later on would
determine by themselves whether there are sufficient facts to
justify an indictement and that there is a. good reason for this
accusation to be ventilated at a trial.

In the instant case, and according to records, an indictement
was presented to the court by a Grand Jury that apparently was
selected and empaneled in accordance to the State Laws.

Pursaunt information that was provided by court docket records,



the prisioner is as much arrested as if the indictement has been

dismissed or a nolle prosequi had been ‘entered. (NIX V. STATE, 65

S.W. 3d 664 (Tex. Crim. App. 2000.); HONEOUS V. DONOVAN , 93 F.R.D.
433, 436-37 (1982), Aff'd 691 F. 2d (1St. Cir. 1982) "Though not
specifically alleged, subject matter jurisdiction, implicitly
raises claim that default judgement against him was void and
relief should be granted under RULE 64(b)(4).

"Jurisdiction can be challenged at any time." (BASSO V.. UTAH,
POWER & LIGHT GO., 495 F. 2d 906, 910).

"Defense of lack of jurisdiction over the subject matter may

be raised at_any time, even on appeal." (HILL TOP DEVELOPERS V.

HOLLIDAY PINES SERVICE CORP., 478 So. 2d 368 (Fla. 2nd. DCA.1985)
"There is no discretion to ignore lack of jurisdiction." See
JOICE V. U.S., 474, 2d 215).
According ‘to the McLennan County District Attorney at that

time, and the second main charge of the court & and verdict of the

jury that was filed on court docket records on 10-07-2004, the
defendant in this case, Mr. Ivan Jose Manzano, was convicted in
the basis of that modified indictement that never went back to

the Grand Jury but!, "...WERE SUBMITTED -TO AND FOUND TRUE. BY THE

JURY", and the State say-so.
Thus, when Manzano was convicted of that alleged crime, he
was so, in a condition where the court was not having jurisdiction

to try his case. Not just that, but the court, according to docket

Page 8 of G1


otherwise infamous crime, unless on a...indictement of a Grand

Jury, "IS JURISDICTIONAL, AND NO COURT OF THE UNITED STATES HAS

AUTHORITY TO TRY A PRISIONER WITHOUT INDICTEMENT...IN SUCH CASES.

When this indictement is filed with the court, no change can be

made in the body of the instrument by order of. the court, or by

the prosecuting attorney without resubmission of the case to the

Grand Jury. And the fact that the court may deem the change
immaterial, as striking out surplus words, makes no difference.

The instrument, as thus change is not longer the indictement of

the Grand Jury which presented it.(EX PARTE LANGE, 18 WALL, .163;

EX PARTE PARKS, 93.U.S. 18; EX PARTE WILSON, 114 U.S. 417; SON-
NIER V. STATE, (App. 9 Dist. 1989) 786 S.W. 2d 384; BRASFIELD V.
STATE, (CR. App. 1980) 600°S.W. 2d 228; COMMONWEALTH V.~CHILD,

13 PICK, 198, 200 where Chief: Justice SHAW would said: "It is a
well-settled Rule of Law that the Statutes respecting amendments

does not extend to indictements; mores, in PEOPLE V.. CAMPBELL, 4

PARKER'S CR CAS 386, 387, it was well laid down that:

"The averments in an indictement could not be changed even

by consent-.of the defendant."

According to RINEY, "Neither the State's motion to amend, nor
the trial judge granting thereof is an amendment; rather the two

comprised the authorization for the eventual amendment of the

charging instrument."

Page -5 of G1


the said original indictement was filed on August 27, 2003 at
11:58 am, and was signed on that day by a court clerk named
Suzanne Bownds. This indictement was later on served to applicant
Manzano while incarcerated at McLennan County Jail on August 28,
2003.

Three hundred and nine five days after the above mentioned
original indictement was filed in the court records, the State
Prosecuting Attorney named Melanie Romondo Walker, SBOT No..24007944
would file a motion requesting that information contained within

the said original indictement, namely date when the alleged crime

was committed and the manner and means of committing the offense

to be replaced with some unauthenticated new.version of the crime
in litigation that never was investigated, corroborated, or even
resubmitted to the Grand Jury pursuant requirements of Tex. Crim.
Proc. Art. 20.09.

The said requested modification, even when apparently was
performed according to T.C.C.P Art. 28.10 & 28.11, was never so
according to existing constitutional guideline where that said

modification was never resubmitted to the grand jury for them to

be the ones in charge to determine if there it was a good reason
for this modification to be made.
In EX PARTE BAIN, the declaration of Art. V of the Constitu-

tion where "No person shall be held to answer for a capital or

Page 4 of acl


In BAIN, the Court granted petitioner's petition for a writ

of habeas corpus because the circuit court did not have jurisdic-

tion to hear a case against petitioner because the indictement had

been amended without resubmission to the Grand Jury. In Fact, and

according to BAIN, "Any other doctrine would place the rights of
the citizen, which were intended to be protected by the Constitu-
tional provisions, at the mercy and control of the court prosecu-

ting attorney, for, if it be once held that changes can be made by

the consent or the order of the court in the body of the indictement

by the Grand Jury, and the prisioner can be called upon to answer

to the indictement as thus changed, the restrictions which the

constitution places upon the power of the court in regard to pre-

requisites on an-indictement in reality no longer exist. It is of

no avail, under such circumstances, to say that the court still
has jurisdiction of the person and the crime, for, though it has
possession of the person, and would have jurisdiction of the crime,
if it were properly presented by indictement, in this case the

jurisdiction of the offense is gone and the court has no right to

proceed any further in the progress of the case for want of an in-
dictement if there is nothing before the court which the prisioner
in the language of the constitution can be held to answer. He is

then entitled to be discharge so far as the offense originally

presented to the court by the indictement is concerned because at

this point in time, the power of the court to proceed to try the



: | Date: Lips a COS

From: Ivan Jose Manzano #1426493

Estelle Unit, 264 FM 3478 W1,3710-01

Huntsville, Tx., 77320-3322

To: Clerk, Texas Criminal Court of Appeals
P.O. Box., 12308
CAPITOL STATION, AUSTIN, TEXAS 78711

Re: About being convicted without prosecution, without jurisdic-
tion, without indictement by a Grand Jury even when one is
in the records; about 80 constitutional violations, Judicial
Abuse, Prosecutorial misconduct, Denial of Counsel, Human
Right violations, Ex Post Facto Laws (nine that applied to
my case including but not limited Carmel V. Texas, Calder v.

Bull...),---C ATIC Oo Paces (BCLIAW a
ER yey, " 7
Clerk,

The case that applied to my claim is, IVAN JOSE MANZANO V.

THE STATE OF TEXAS, arising from trial CT No. 2003-876-C2A, and

Writ No. WR-71,370-01. I will request from you that as soon you

may recive this leter, to present it to: the court judges pursuant

a fast solution to a case where the amount of violations is so

high that I truly believe there is not any similar case in the

history of the United States in records nowhere. If possible, at
the time you may receive this leter, could you ask the 54th Court
of McLennan County for a copy of the following documents:

a) A copy of the Grand Jury in the case The State of Texas v. Ivan
Jose Manzano. in the case No. 2003-876-C.

b) A copy of ORDER AMENDING THE INDICTEMENT that is filed in the
court books on VOLUME 290, PAGE 624 Signed by Honorable Judge
George Allen pursuant the sbove mentioned case.

c) A copy of RESPONSE AND MOTIONS OF THE STATE OOF TEXAS UPON
DEFENDANT'S MOTION FOR DNA TESTING signed by District Attorney
John W. Segrest that was filed in the records on April 2009,



records, was not having PROSECUTION against him to proceed with

the trial because when the state prosecuting attorney would file
the said requested modification in the docket, at that time a
photocopied page of the modified face of the indictement accor-
ding to EX PARTE GARCIA, (App. 3 Dist. 1996) 927 S.W. 2d 787) and
RINEY V. STATE, 28 S.W. 3d 561, 565-66(Tex. Crim. App. 2000)
"Article of Criminal Procedure allowing amendment of indictement
does not abrogate the constitutional and statutory requirement

that a felony offense be prosecuted by indictement; thus, if

state cannot or does not amend charging instrument after exception

to its form or substance is sustained, THE PROSECUTION IS EFFECTI

VELY TERMINATED.

In the instant case, and according to evidence that is at Mr,
Manzano's hands, but not in the reocrds, the prosecution was, ef-
fectively terminated one week before trial starte. Still, he was
tried and convicted on that ilegally modified indictement.

To make an even broad statement about the said no prosecution
condition, I will ask the court to request the following document
from the 54th Court of McLennan County. Ask them for the original

Grand Jury documents. Never was one. Thus, never was prosecution
in the first instance.

Therefore, in the basis of the above and 80 Grouns of appeal
that could support his innocence, Manzano PRAYS to this court that

the relief he is entitled in this proceeding to be GRANTED to him. Gy

c'est pire qu'un crime, c'est une faute

£ g G1

Page 9
76-CZA-

2003-

2


According to John Segrest, the indictement in litigation was
amended. The said amedment was approved by the presiding judge
that was in charge of the proceedings, Honorable George Allen.

(See a ORDER: AMENDING THE INDICTEMENT that was filed on tecords

at Sep. 27, 2004 9:55 am, that later on was filed in the court

books on VOLUME 290, PAGE 624 where the unsigned line where the
Grand: Jury signature would speak by itself, and a clear falsifi-
cation would shown that the date when the said order was signed

was overided by unknown person.; See MOTION TO AMEND THE INDIC-

TEMENT filed on records on Sep. 23, 2003 at 4:38 pm where, at

the bottom of the first page, the empty line where the Grand Jury
signature should be stamped, would speak by itself. The said motion
is part of a certified document of four pages that was so on
August, 25th 2009 and signed by the State Prosecuting Attorney
Melanie Romondo Walker).

In this case, there is no difficulties in holding that the
indictement on which applicant Manzano was tried was not one by a
Grand Jury, and was not longer the work of the Grand Jury who
present it but the result of some ilegal modification by a judge
and a prosecutor. From that point on, it only remains to consider
whether this change in the indictement that never was resubmitted
to the Grand Jury would deprive the court of the power of pro-
ceeding to try the defendant and sentence him to imprisionment

provided by State's statutes.



stated that "A felony charge may not be amended, either by reducing

the facts alleged or by changing them or by adding to them."

The United State's Constitution would stated in its Fifth
Amendment (1791) that "No person shall be held to answer for a

capital or otherwise infamous crime , unless on a...indictement

of a Grand Jury." (EX PARTE BAIN. SUPREME COURT OF. THE UNITED

STATES 121 U.S.; 7 S. Ct. 781; 30 L. Ed. 849; 1887 U.S. LEXIS 2019).
Following in the same path, The Texas Constitution Article

1, §10; 5, 13 and The Texas Criminal Code of Procedure Art 1.05

would both stated "No person shall be held to answer for-a felony

unless on -indictement ofa Grand Jury."The are the laws of the

United States of America and the State of Texas as well. Together
with the above mentioned laws, there are many others that were
designed to enforce that those GRANTED RIGHTS would never be
abrogated from any person that could happen to be at certain point
under the jurisdiction of any state regardless which one may be.
Some of them will be The U.S.C.A. 14TH; Texas Constitution: Art.
1, §§13, 19, Texas Griminal Code of Procedure Art. 1.04; PARKER V.
STATE 745 S.W. 2d 934, 937 (Tex. App.-Houston [ist. Dist] 1988,
pet. ref'd); McCAMBRIDGE V. STATE, 725 S.W.°2d 70 (Tex. Crim. App.
1989).

In both cases, the Law of the Land and The State Constitution,

would support as basic requirement that no person shall be held

Page 2 of G G1


GROUND #1

According to a motion that was filed by the State Prosecuting
District Attorney John W. Segrest pursuant The State of Texas V.
Ivan Jose Manzano upon defendant's motion requesting DNA testing
that was filed on April 2, 2009:

"Count two of the indictement was later on AMENDED to make
the date of that offense from April 1, 2003 to February 15, 2003"
as well the manner and means to committing the alleged offense.

According to the said motion, the dates of February 15, 2003

for Count Two, and April 1, 2003 for Count One, together with the

new description of the crime, "were submitted to and found true
by the jury."

According to EASTEP V. STATE, 941 S.W. 2d 130, 132-33 (Tex.
Crim. App. 1997) and RINEY V. STATE, 28 S.W. 3d 561 (Tex. App.
App. 2000) the said modification was an alteration to the face of
the charging instrument where "...the addition of the manner and
means of committing an offense and the alteration of the.alleged
date were both amendment."

There is no doubts about the above mentioned fact where, in
the instant case, Ivan Jose Manzano's indictement, according to
the District Attorney himself, Mr. John W. Segrest, was amended

by the State just seven day before trial started even when a

Texas caselaw BRASFIELD V. STATE, (CR. App. 1980) would clearly

Page 1 of g G1



I will like to request at this time, and pucsuant to present
‘a whole lot of evidence that never was in the court, that an evi-
denciary hearing to be Granted to me where the main issue will be
the presentation to the court of all the required evidence that
not just will support my case, but will support my innocence claim
based in the caselaw HERRERA V. COLLINS, and the fact, where even
when according to records biological material was available to be
collected, (BLood and Fluid) it never was so by the State.

Clerk, besides all of the above, will you please, when in
receiving this leter, can send to me back a card telling me that
is in your hands?

Respectfully submitted by:

Ivati-Jes€ Manzano #1426493

Take a look into a white card that was sent to me from this court
on June 05, 2009 where the note included would talk about:

"On this day, the supplemental Clerk Records, in response to the
remand order issued by this court, has been received and presented
to the Court." I never received any notice about the said remand
order and I will like to have a copy of it. Thank

Tél! To The Judges ThAT withio
CIPO £ have evideuce porusius
(Oo The. FAI FicATiod oF Ar Jebs-
Ht dL thadrcleneuKxs by (be SHINE
TEAM OF PNoVecuThd i

Page 2 of Zz. PLTCG