WRIT OF MANDAMUS Page 1 of 17

Case No: ____________ 

## NO. ________________ 1

2

3



## AT THE COURT OF CRIMINAL APPEALS 4



## TEXAS 5

6

7 

## In Re Karl Schonwalder 8

9

10

11

12



## Original Proceeding and Emergency Relief 13



## From the 397th District Court of Grayson County 14

15

16

17

18



## WRIT OF HABEAS CORPUS 19

20

21



## Karl Schonwalder 22



## 2119 56th St 23



## Lubbock, Tex [79412] 24



## 806-438 -1976 25



## Unrepresented 26

27

I am a private party with no commercial nexus with the state. 28

I am receiving harm by legal proceedings and am without a remedy at law - 29

requiring "Writ of Habeas" on Constitutional grounds. 30

31



### Notice for Clerk 32

Special circumstances apply due to extraordinary circumstances - Relator should not be charged a fee. 33

34

Dorsaneo's § 152.04[5][c] How to Commence Original Proceeding - Whether filed in the court of appeals or the Texas 35

Supreme Court, the petition must be accompanied by a filing fee [Tex. R. App. P. 5 (unless excused by statute or rule , party 36

must pay fees set by statute or Texas Supreme Court order)... 37

38

28 USC § 1604 - Immunity of a foreign state from jurisdiction. 39

Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign 40

state 1 shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in 41

sections 1605 to 1607 of this chapter. 42

1 28 USC § 1603 Definitions - (a) A "foreign state" ...(b)(2) which is an organ of a foreign state [Organ: constitutional

reference to the founders and their property] ...and (3) which is neither a citizen of a State of the United States as defined in

1322 [Territories]...nor created under the laws of any third country. (c) T he “ United S tates” includes all territory and waters,

continental or insular, subject to the jurisdiction of the United States. (d) A “commercial activity” means either a regular course

of commercial conduct or a particular commercial transaction or act. The commercial character of an activity shall be

determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its

purpose. (e) A “commercial activity carried on in the United S tates by a foreign state” means commercial activity carried on by

such state and having substantial contact with the United States. 

### WR-83,689-01

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 8/5/2015 9:31:16 AM

Accepted 8/5/2015 9:50:48 AM

ABEL ACOSTA

CLERKWRIT OF MANDAMUS Page 2 of 17

Case No: ____________ (Any perceived use of your codes is for your reference purposes only, considered as "c.f." and not meant to create any presumption of benefit, 1

legal duty or liability on my part, but to show that your beliefs coincide with my beliefs; all legal presumptions notwithsta nding and no 2

process, procedure , fee or otherwise by " Relator " shall be construed to travers e standing. Any use of the English language is not meant to 3

be phonetical, or disparaging to Demandant but has the meaning and intent as given by the Demandant ). 4

CLERK'S NOTICE 5

T his record is not to be misconstrued as a pro se filing. If the recipient clerk is unable to process this pleading, please direct it to the proper 6

official. If this case is in an improper jurisdiction, venue, or court, the court will inform " Karl Schonwalder " of such proper jurisdiction, 7

venue or court, and MOVE THE CASE to a co urt of proper jurisdiction or venue, such that proper and complete remedy may be provided. In 8

the case of any denial of remedy, this court will inform the "Wrongfully Accused" of the proper court and procedure to obtain relief. If the 9

judge finds cause o f lack of authority to provide remedy, it shall be documented in writing with a finding of fact and conclusions at law. The 10

Writ of Habeas Corpus being necessary to establish standing for First Amendment Redress, can be done in chambers without oral argum ent, 11

shall be heard immediately to establish proper standing to obtain complete remedy , whether or not it be after hours, as the court is always 12

open

. 13 

# NOTICE OF FEIGNED ACTION,

14



# "ORIGINAL" WRIT OF HABEAS CORPUS [ 2 

# ]

15



### ( prerogative writ and not under code) 3

, 16



### c.f. Federal Question [ 4 

### ] 17



## 1. TABLE OF CONTENTS 18

1. TABLE OF CONTENTS

................................ ................................ ................................ ................................ ....................... 2 19

2. IDENTITY OF PARTIES AND COUNSEL

................................ ................................ ................................ ......................... 3 20

3. STATEMENT OF JURISDICTION

................................ ................................ ................................ ................................ ...... 3 21

3.1.1 Jurisdiction Deprives Relator of Due Process

................................ ................................ ................................ .......... 4 22

4. NOTICE

................................ ................................ ................................ ................................ ................................ ................. 4 23

4.1 Notice of Intent to File For Removal 4 24

4.2 JUDICIAL NOTICE 5 25

5. ISSUES PRESENTED

................................ ................................ ................................ ................................ ........................... 5 26

5.1 Demand to Expand the Record or Evidentiary Hearing by a Judge 5 27

5.2 Color of Law 6 28

5.3 No Probable Cause 6 29

5.4 No Duty to Produce ID 7 30

5.5 No Commercial Nexus 7 31

5.6 No Authority to Regulate 7 32

5.7 Law Does not Provide for the Impossible 8 33

5.8 Simulated Legal Process 8 34

5.8.1 Failure to Identify

................................ ................................ ................................ ................................ ..................... 8 35

5.8.2 Evading Arrest

................................ ................................ ................................ ................................ .......................... 8 36

5.9 Justifiable Self

- Defense 9 37

5.10 Aggravated Kidnapping 10 38

5.11 Dereliction of Duty 10 39

5.11.1 Violation of Objective

................................ ................................ ................................ ................................ ........ 10 40

5.11.2 Violation of Nonresident Violator Compact of 1977

................................ ................................ ......................... 10 41

5.12 Non

- Statutory Habeas Corpus 11 42

5.12.1 Standard Form Not Required

................................ ................................ .............. Error! Bookmark not defined. 43

5.12.2 Denial of Access to the Courts

................................ ................................ ................................ ........................... 12 44

2 c.f. FED RULES OF CIVIL PROC. RULE 17. PROCEDURE IN AN ORIGINAL ACTION. 2. The form of pleadings

and motions prescribed by the Federal Rules of Civil Procedure is followed. In other respects, those Rules and the

Federal Rules of Evidence may be taken as guides.

3 U nder Demand or Requirement

- Not a petition (Exhaustion of State remedies).

4 c.f. 28 USC § 1331.WRIT OF MANDAMUS Page 3 of 17

Case No: ____________ 5.12.3 Objection to Court Acting as Agency

................................ ................................ ................................ ................ 12 1

5.12.4 Fraud Upon the Court

................................ ................................ ................................ ................................ ........ 13 2

5.12.5 Denial of counsel

................................ ................................ ................................ ................................ ............... 13 3

5.12.6 Fundamental Error

- Not Amenable to Process

................................ ................................ ................................ . 13 4

5.13 In the Alternative

- Administrative Remedies Not Exhausted 14 5

5.13.1 Or (Declaratory Judgment)

................................ ................................ ................................ ................................ 14 6

5.14 In the Alternative

- Court Not Vested With Jurisdiction 15 7

6. DEM AND FOR RELIEF

................................ ................................ ................................ ................................ ..................... 15 8

7. VERIFICATION

................................ ................................ ................................ ................................ ................................ .. 16 9

8. VERIFICATION OF SERVICE

................................ ................................ ................................ ................................ .......... 16 10

11

12

13



### Enclosures/attachments: 14

15

# Descr iption # Pages

16



## 2. IDENTITY OF PARTIES AND COUNSEL 17



### RELATOR : 18



### 1. Karl Alan Schonwalder

, a man and unrepresented 5 19

20



### WRONGDOERS: 21



### 2. KEN PAXTON (A.G.) 22



### 3. Rick Webber ( acting as WHITEWRIGHT POLICE OFFICER ) 23



### 4. " John Doe " A

- Z ( acting as WHITEWRIGHT POLICE OFFICER ) 24



### 5. Steve M cCraw, (acting as Director of DPS) 25



### 6. Larry Atherton, (acting as Magistration Judge) 26



### 7. Donnie Carter, (acting as Assistant D.A.) 27



### 8. Brian Gary, (acting as Trial Judge) 28



### 9. (Addresses given under Verification of Service) 29



## 3. STATEMENT OF THE CASE 30

1. 

### The nature of this underlying pr oceeding is a suit for freedom of the Relator. Relator is currently being 31



### held in the Grayson County Detention Center. Jurisdiction has been challenged in the current 32



### proceedings, JUDGE B rian Gary presiding

, to no avail

. Brian Gary acting under color, ha s further 33



### restricted motions to be filed and denied all motions entered by Relato r. Relator has no other remedy 34



### available or has exhausted all remedies. 35

5 Purported appointment of representation by SCOTT SMITH ATT in error.WRIT OF MANDAMUS Page 4 of 17

Case No: ____________ 

## 4. STATEMENT OF JURISDICTION 1



### 1. "Wrongfully Accused" is a visitor at Grayson County Texas with only a technic al presence

. 2



### Wrongdoers are all residents in Texas and th e events happened at Grayson County Texas. 3



### 1. This court does not have jurisdiction over the Relator because the Relator is not amenable to pro cess 4



### issued by the courts of Texas in this instance because : 5

6



### a. The Relator is not a resident o f Texas and is not required to maintain and does not maintain 7



### a registered agent for service in Texas. 8

9



### b. The Relator does not now engage and has not engaged in business in Texas or committed 10



### any tort, in whol e or in pail, within the state. 11

12



### c. The Relator does not maintain a place of business in Te xas and has no employees, 13



### servants, or agents within the slate. 14

15



### d. The Relator has no substantial connection with Texas arising from any action or conduct of 16



### the Relator purposefully directed toward Texas 17

18



### e. The plaintiff’s claims do not arise from and are not related to any activity 19



### conducted by the Relator in Texas. 20

21



### f. The Relator has no continuin g and systematic contacts with T exas). 22

23



### 4.1.1 Jurisdiction Deprives Relator of Due P rocess 24



### 2. The assumption of jurisdiction by the court over the Relator and his property would offend traditional 25



### notions of fair play and substantial justice, depriving the Relator of due process as protected by the 26



### Const itution of the United States of America. 27



### 3. For these reasons, the Relator requires that the court require the Respondents to produce the 28



### information being used to make their legal determination of jurisdiction and hold a hearing for that 29



### purpose and if it is not substantiated, the court accept this notice and discharge the entire proceeding 30



### for want of jurisdiction. 31



## 5. NOTICE 32



### 5.1 Notice of Federal Filing 33



### 1. Relator has filed a claim into the United States Court, Eastern District of Texsas, Cause # 4:15

- CV

34



### 108, which a t this time has not been ruled on. However Relator believes that it may be a prerequisite 35



### to file this claim in the State court

, prior to any remedy available in the United States Court , for 36



### exhaustion of remedies

. 37WRIT OF MANDAMUS Page 5 of 17

Case No: ____________ 

### 2. Further, t he right is hereby retained to file for removal to federal court within 30 days of 1



### summons [ 6 

### ][ 7 

### ] 

### or upon the states election to files any legitimately applicable or justicable charges. 2

3



### 5.2 JUDICIAL NOTICE 4



### 2. Judicial notice is hereby given that this state must take judicial notice of the Con stitution

, common 5



### law, Civil law, and statutes of every state, and other jurisdiction if the United States. S e e Rule 201 6



### Federal Rules of Evidence. 7



## 6. ISSUES PRESENTED 8

9



### 6.1 Demand to Expand the Record or Evidentiary Hearing by a Judge 10



### 3. Relator believes that there has been a fatal omission of evidence on the record, not only does he hold 11



### this belief but the following federal statutes also hold the same position, and are mentioned thru the 12



### supremacy clause for your convenience and any listing of statutes is not mean t to be taken as a 13



### position held by the Relator . D emand is hereby made to expand the record c.f. : 14

[ 28 USC § 2254

- Rule 7. Expanding the Record 15

(a) ...the judge may direct the parties to expand the record ... 16

... to enable the judge to dispose of some hab eas petitions ... without ...an evidentiary hearing. ..., by far the majority 17

require an evidentiary hearing. ...In some instances these hearings were necessitated by slight omissions in the state 18

record which might have been cured by the use of an expande d record. 19

Authorizing expansion of the record will, hopefully, eliminate some unnecessary hearings. The value of this approach 20

was articulated in Raines v. United States, 423 F.2d 526, 529

– 530 (4th Cir. 1970): 21

Unless it is clear from the pleadings and th e files and records that the prisoner is entitled to no relief, the statute makes 22

a hearing mandatory. We think there is a permissible intermediate step that may avoid the necessity for an expensive 23

and time consuming evidentiary hearin g... It may instead be perfectly appropriate, depending upon the nature of the 24

allegations , for the district court to proceed by requiring that the record be expanded to include letters, documentary 25

evidence, and, in an appropriate case, even affidavits. United States v. Carl ino, 400 F.2d 56 (2nd Cir. 1968); Mirra v. 26

United States, 379 F.2d 782 (2nd Cir. 1967); Accardi v. United States, 379 F.2d 312 (2nd Cir. 1967). 27

In Harris v. Nelson, 394 U.S. 286, 300 (1969), the court said: 28

6 [Supremacy clause] F.R.C.P., Rule 4. Summons, Personal Jurisdiction, (1) In General. Serving a summons or filing a

waiver of service establishes personal jurisdiction over a Relator : (A) who is subject to the jurisdiction of a court of general

jurisdiction in the state where the district court is located. ...

Notes, Persona l Jurisdiction, Purposes of Revision . The general purpose of this revision is to facilitate the service of the

summons and complaint. The revised rule explicitly authorizes a means for service of the summons and complaint on any

Relator . While the methods of service so authorized always provide appropriate notice to persons against whom claims are

made

, 

### effective service under this rule 

### does not assure that personal jurisdiction has been established over

the Relator served.

7 RULES OF EVIDENCE

, Rule 10 1 Title and Scope

(b) Scope. Except as otherwise provided by statute, these rules govern civil and criminal proceedings (including examining

trials before magistrates) in all courts of Texas, except small claims courts.

(c) Hierarchical Governance in Crimi nal Proceedings . Shall be: the Constitution of the United States , those federal statutes

that control states under the supremacy clause

, the Constitution of Texas , the Code of Criminal Procedure and the penal code

, civil statutes (municipal law), these rul es, and the common law. In consistency removed by reasonable construction.WRIT OF MANDAMUS Page 6 of 17

Case No: ____________ At any time in the proceedings

... upon cause s hown by the petitioner, it may

... authorize such proceedings 1

[evidentiary hearing]. 2

3

Rule 8. Evidentiary Hearing 4

(a) ... the judge must review the ... records of state

- court proceedings, and any materials submitted under Rule 7 to 5

determine whether an evid entiary hearing is warranted. 6

(c)

... The judge must conduct the hearing as soon as practicable

... 7

8

In situations in which an evidentiary hearing is not mandatory, the judge may nonetheless decide that an evidentiary 9

hearing is desirable: 10

The purpose of the test is to indicate the situations in which the holding of an evidentiary hearing is mandatory. In all 11

other cases where the material facts are in dispute, the holding of such a hearing is in the discretion of the district 12

judge

. 372 U.S. at 318 13

... b ut in unusual cases the court may grant the relief sought without a hearing. This includes immediate release 14

from custody

... 15

Subdivision (b) provides that a magistrate, when so empowered by rule of the district court, may recommend to the 16

district judge th at an evidentiary hearing be held or that the petition be dismissed, provided he gives the district judge 17

a sufficiently detailed description of the facts so that the judge may decide whether or not to hold an evidentiary 18

hearing. This provision is not inc onsistent with the holding in Wingo v. Wedding, 418 U.S. 461 (1974), that the 19

Federal Magistrates Act did not change the requirement of the habeas corpus statute that federal judges 20

personally conduct habeas evidentiary hearings , and that consequently a lo cal district court rule was invalid insofar 21

as it authorized a magistrate to hold such hearings

. ] 22

23



### There are no facts or evidence on the record by the state that "Wrongfully Accused" is under the 24



### particular statutory code in this instance. This "slight omi ssion" is a fatal defect in the state's 25



### prosecution. "Wrongfully Accused" has the conviction that no evidence exist and strict proof is 26



### demanded thereof. Due to the unusual circumstances of this case

, immediate release is proper. 27



### 6.2 Color of Law 28



### 1. "Wrongfully A ccused" is in custody under or by color

, in violation of the Constitution of the United 29



### States; He, being a citizen of a foreign state and domiciled therein is in custody for an act which 30



### depend upon the law of nations [ 8 

### ]. 31



### 6.3 No Probable Cause 32

4. 

### On or about F ebruary 8, 2015 around 12:30 AM "Wrongfully Accused" was traveling from a religious 33



### Shabbat meeting, in his private property, whereupon "Wrongfully Accused" was placed under 34



### constructive arrest thru the use of emergency procedure s by the alleged officers

. 35

8 c.f. 28 USC § 2241

- Power to grant writ.WRIT OF MANDAMUS Page 7 of 17

Case No: ____________ 5. 

### Probable cause given to "Wrongfully Accused" was the non

- emergency and purported crime of, " no 1



### license plate light " and for having " a dirty plate "

. Thereupon "papers" were demanded by way of a 2



### state issued I.D. 3



### 6.4 No Duty to Produce ID 4

6. 

### "Wrongfully Accused" is charged with not producing " papers " by way of state issued I.D. However, 5



### "Wrongfully Accused" is without "state" domicile and is not in use of a commercial motor vehicle [ 9 

### ]. 6



### In this instant matter, without a crime committed or probable cause establishe d

, there is no duty to 7



### produce ID. 8



### 6.5 No Commercial Nexus 9



### 7. Further, no evidence has been proffered that "Wrongfully Accused ' s " property was being used in any 10



### commercial capacity [ 10 

### ] as dictated by the Tex. Motor Vehicle Code or that he or his property was 11



### oth erwise subject to said Code. 12



### 6.6 No Authority to Regulate 13



### 1. There is no authority to regulate "Wrongfully Accused" [ 11 

### ] [ 12 

### ] [ 13 

### ]

. The state has failed to show that 14



### the state has a security interest [ 14 

### ] or ownership [ 15 

### ] interest in "Wrongfully Accused's" property? 15

9 Tex Penal Code, § 38.02 Failure to Identify

- ...refused to give ...who has lawfully arrested.

10 TEXAS ADMINISTRATIVE CODE, TITLE 37 PUBLIC SAFETY AND CORRECTIONS, TEXAS DEPARTMENT

OF PUBLIC SAFETY. RULE §16.1 Who Must Be Licensed. On or after April 1, 1992, all persons domiciled in Texas

, except those expressly exempt by law, who operate a commercial motor vehicle (CMV ), must have a valid commercial

driver's license (CDL) issued by the department.

11 TEXAS ADMINISTRATIVE CODE, TITLE 37, PART 1, TEXAS DEPARTMENT OF PUBLIC SAFETY, RULE §1.2,

Mission

- The mission of the Texas Department of Public Safety is: (1) to supervise traffic on rural highways; (2) to supervise

and regulate commercial and "for hire" traffic; (3) to preserve the peace, to investigate crimes, and to arrest criminals; (4)

to administer regulatory programs in driver licensing, motor vehicle ins pection, and safety responsibility; and (5) to execute

programs supplementing and supporting the preceding activities.

12 “The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative

proceedings”. Hagans v. Lavine

, 415 U.S. 533

13 "Extra territorium just dicenti non paretur impune.'

- "One who exercises jurisdiction out of his territory is not obeyed

with impunity." [10 Co. 77; Dig. 2. 1. 20; Story, Confl. Laws ' 539; Broom, Max. 100, 101]

14 c.f. UCC 201 Definitions. (37) "Security interest" means an interest in personal property or fixtures which secures

payment or performance of an obligation... Whether a transaction creates a lease or security interest is determined by the

facts of each ca se; ...

15 TEXAS TRANSPORTATION CODE, Sec. 501.004. APPLICABILITY.

(a) Except as provided by this section, this chapter applies to all motor vehicles, including a motor vehicle owned by the state

or a political subdivision of the state.WRIT OF MANDAMUS Page 8 of 17

Case No: ____________ 

### 6.7 Law Does not Provide for the Impossible 1



### 8. As a non

- resident

, "Wrongfully Accused" is not eligible to register his private property even if he 2



### desired to [ 16 

### ]

. 3



### 6.8 Simulated Legal Process 4



### 1. Purported charges are patently false and without merit. Stric t proof is deman ded thereof. 5



### 6.8.1 Failure to Identify 6



### 2. " Wrongfully Accused" was not under a lawful arrest and therefore was not required to identify c.f. : 7

[ TEXAS PENAL CODE, 38.02 FAILURE TO IDENTIFY 8

(a) A person commits an offense if he intentionally refuses to give his nam e, residence address, or date of 9

birth to a peace officer who has lawfully arrested the person and requested the information. ] 10

11



### 6.8.2 E vading Arrest 12



### 3. "Wrongfully Accused" was not intentionally fleeing from a person he knew was a police officer c.f:. 13

[ TEXAS PENAL CODE, 38.04. EVADING ARREST OR DETENTION 14

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer

... 15

attempting lawfully to arrest or detain him

. 16

(b) An offense ... is: (1) a state jail felony if: (B) the a ctor uses a vehicle... [ 17 ] ] 17

18



### 4. As it was after midnight

, with no visibility, "Wrongfully Accused" made specific demand for the 19



### unknown assailant to properly identify himself. The purported officer failed to do so . As such, and 20



### without probable cause, t here w as no lawful authority allowing for a n arrest at that time

. 21



### 5. The officer, without provocation, then exhibited what appeared to be road rage or perhaps a steroid 22



### induced mental lapse of judgment, whereupon the officer did threaten to damage my property and d o 23



### bodily harm to myself and presumably to my wife. For my safety and for my wife's safety, I utilized 24



### my right to defuse the situation and carry on to a well light and populated area , after notifying the 25



### alleged officer of my intent to do so ( See Justifia ble Self

- Defense below) 26

16 502.04 0 REGISTRATION REQUIRED; GENERAL RULE. (a) Not more than 30 days after purchasing a vehicle or

becoming a resident of this state, the owner of a motor vehicle , trailer, or semitrailer shall apply for the registration of the

vehicle for: (1) each regist ration year in which the vehicle is used or to be used on a public highway

... 17 TEXAS TRANSPORTATION CODE, Sec. 501.004. APPLICABILITY.

(a) Except as provided by this section, this chapter applies to all motor vehicles,

... owned by the state or a political

subdivision of the state.WRIT OF MANDAMUS Page 9 of 17

Case No: ____________ 

### 6. N o evidence has been put forth that any transportation [ 18 

### ] by "vehicle" was involved

, as defined by 1



### the Texas Motor Vehicle Co de , "Wrongfully Accused" has the conviction that none exist and strict 2



### proof is demanded thereof c.f. : 3

[ 501.002 DEFINITIONS. (17) "Motor vehicle" means: 4

(A) any motor driven or propelled vehicle required to be registered under the laws of this state; ] 5

6



### 7. As the charge of "state jail felony" "e va sion of a rrest " r equires the use of a "vehicle", this charge is 7



### patently false. "Wrongfully Accused" has the conviction that no evidence exist to the contrary and 8



### strict proof is demanded thereof. 9



### 8. Further, there is no evidence that "Wrongfully Accused" was acting in the capacity of a person c.f. : 10

[ Sec. 541.001 Pers ons. In this subtitle: 11

(1) “ Operator” means , as used in reference to a vehicle [Used to t ransport]

... has control

. 12

(2) “ Owner” means

, [security interest] as used in reference to a vehicle, a person who has a property interest 13

in or title to a vehicle

. The t erm: (A) includes a person entitled to use and possess a vehicle subject to a 14

security interest

. 15

(4) “ Person” means an individual [as operator or owner]. ] 16

17



### 6.9 Justifiable Self

- Defense 18

9. 

### "Wrongfully Accused" is justified in his action of the alleged "Evading Ar rest" c.f. : 19

[ PENAL CODE, Sec. 9.31. SELF

- DEFENSE. 20

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree 21

the actor reasonably believes the force is immediately necessary to protect the acto r against the other's use or 22

attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this 23

subsection is presumed to be reasonable if the actor: 24

(1) knew or had reason to believe that the person against whom the force was used: 25

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied 26

habitation, vehicle, or place of business or employment; 27

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the 28

actor's habitation, vehicle, or place of business or employment; or 29

(C) was committing or attempting to commit aggravated kidnapping , murder, sexual assault, aggravated sexual 30

assault, robbery, or ag gravated robbery; 31

(2) did not provoke the person against whom the force was used; and 32

(3) was not otherwise engaged in criminal activity , other than a Class C misdemeanor that is a violation of a law or 33

ordinance regulating traffic at the time the force was used. 34

35

(b) The use of force against another is not justified: 36

(2) to resist an arrest

... that the actor knows is being made by a peace officer,

... unless the resistance is justified under 37

Subsection (c); 38

(4) if the actor provoked the other's use or attempted use of unlawful force, unless: 39

(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably 40

believing he cannot safely abandon the encounter; and 41

(B) the other nevertheless continues or attempts to use unlawful force against the actor ; or 42

43

(c) The use of force to resist an arrest or search is justified: 44

18 Transportation: The movement of goods or persons from one place to another, by a carrier

.WRIT OF MANDAMUS Page 10 of 17

Case No: ____________ (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to 1

use greater force than necessary to make the arrest or search; and 2

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself 3

against the peace officer's (or other person's) use or attempted use of greater force than necessar y. 4

5

(e) A person who has a right to be present at the location where the force is used, who has not provoked the 6

person against whom the force is used, and who is not engaged in criminal activity at the time the force is used 7

is not required to retreat be fore using force as described by this section. ] 8

9



### "Wrongfully Accused" was well within his rights to exercise self

- defense by leaving the s ituation, in 10



### the instant matter for the protecti on himself , third parties and property. 11



### 10. After the first attempt to de stroy property by the alleged officers, "Wrongfully Accused" thereafter 12



### being cornered and forced to stop

, did in fact receive damage to property. 13



### 6.10 Aggravated Kidnapping 14



### 11. "Wrongfully Accused" was further kidnapped at gunpoint

, c.f. : 15

[ TEXAS PENAL CODE, § 20.0 4 Aggravated Kidnapping 16

(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to: 17

(1) hold him for ransom or reward; 18

(3) facilitate the commission of a felony... 19

(5) terrorize him... or 20

(6) interfere w ith the performance of any ...political function. 21

(b) ...exhibits a deadly weapon during the commission of the offense. ] 22



### 6.11 Dereliction of Duty 23



### 6.11.1 Violation of Objective 24



### 12. Alleged traffic stop by municipal officers is not under regulation by ordinance, but rather under the 25



### auspices of state law, in furtherance of the policies of the Texas Transportation Code and in alignment 26



### with the Texas Department of Public Safety, as such the Officers have failed in their duty [ 19 

### ]

. 27



### 6.11.2 Violation of Nonresident Violator Compact of 1 977 28



### 13. "Wrongfully Accused" was not taken directly to court for his trial even after demand to do so , and at 29



### this time has still not been taken to court for trial

, c.f. : 30

[ 703 NONRESIDENT VIOLATOR COMPACT OF 1977 31

19 TEXAS ADMINISTRATIVE CODE, TITLE 37 PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY, SUBCHA PTER A. OBJECTIVE, MISSION, AND PROGRAM,

RULE §1.1 Broad Objective

- (b) The department works toward the attainment of this objective within existing regulations

and in cooperation with other agencies and persons with mutual or related responsibilities. It seeks to preserve the peace and to

protect the persons, property , rights, and privileges of all people in the State of Texas.WRIT OF MANDAMUS Page 11 of 17

Case No: ____________ Art. I. FINDINGS, DECLARATION OF POLICY, AND PU RPOSE 1

(a) The party jurisdictions find that: 2

(1) In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction: 3

(i) Must post collateral or bond to secure appearance for trial at a later date; or 4

( ii) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or 5

(iii) Is taken directly to court for his trial to be held. ] 6

7



### as the officers claim that he is a motorist

, to that extent, they or the party jurisd iction, have failed in 8



### their duty to take directly to trial

. 9



### 6.12 Non

- Statutory Habeas Corpus 10



### 1. "Wrongfully Accused" is under actual custody at Grayson County Detention Center; however, even if 11



### freed any re quirement to answer the simulated legal process [ 20 

### ] would create a c onstructive custody 12



### [ 21 

### ] in which exceptional circumstances warrant the exercise of the Court's discretionary powers, and 13



### that adequate relief cannot be obtained in any other form or from any other court. "Wrongfully 14



### Accused" has not been afforde d an Administrative Hearing under the APA , there is an absence of a 15



### remedy from state corrective process, remedy has been otherwise barred, or they are ineffective to 16



### protect the inherent rights of "Wrongfully Accused"

, or otherwise come within the provisi ons of 17



### violations of the Constitution

. 18



### 2. The Original H abeas is a matter of right and is not discretionary , t he "Wrongfully Accused" has no 19



### commercial nexus with the state

, the acts preformed by the Wrongdoers are u nder color and are in 20



### violation of the Cons titution or laws or treaties of the United States [ 22 

### ] and there is an absence of 21



### available State corrective process

, for these reasons h abeas is required . No fee should be charged, any 22



### payment of a fee is not meant to create any joinder or loss of "Wrongfu lly Accused ' s " rights as 23

20 Tex. Code. Crim Proc. § 13.27 Simulating Legal Process.

21 “[i]t [habeas corpus] is not now and never has been a stati c, narrow, formalistic remedy; its scope has grown to achieve its

grand purpose

— the protection of individuals against erosion of their right to be free from wrongful restraints upon their

liberty.” * * * “[B]esides physical imprisonment, there are other re straints on a man’s liberty, restraints not shared by the

public generally, which have been thought sufficient in the English

- speaking world to support the issuance of habeas corpus.”

398 F.2d at 710

– 711

22 c.f. 28 U. S. C. § 1651, § 2241, §2254(b)

.WRIT OF MANDAMUS Page 12 of 17

Case No: ____________ 

### "Wrongfully Accused" is not making an application under the code [ 23 

### ] and any use of FRN's are to be 1



### deemed as lawfully redeemed [ 24 

### ]

. 2



### 6.12.1 Conviction Final 3



### 1. The current proceedings are in fact a contested case

, relating to the original a djudication thru summary 4



### process by the officer

, given in the form of a ticket

, c.f. : 5

[ OFFICE OF THE ATTORNEY GENERAL 6

ADMINISTRATIVE LAW HANDBOOK 2014 7

Adjudication [pg 4] 8

Procedural Requirements Governing Contested Cases 9

Adjudication generally occurs whe n an agency ...assesses an administrative penalty , or otherwise takes 10

agency action affecting a person or an entity's legal interest. ] 11

12



### Otherwise the "Wrongfully Accused" has not received an adjudication, at which point we have to ask, 13



### why he is incarcer ated. If so

, demand is hereby made to immediately hold an adjudicative hearing as 14



### per the Administrative Law Handbook and the APA

, c.f. : 15

[ OFFICE OF THE ATTORNEY GENERAL 16

ADMINISTRATIVE LAW HANDBOOK 2014 17

The Administrative Procedure Act [pg 2] 18

The Administra tive Procedure Act (APA) governs two basic types of agency action: adjudication and 19

rulemaking. Adjudication occurs when the "legal rights, duties, or privileges of a party are to be determined 20

by a state agency after an opportunity for adjudicative hearin g." ] 21

22



### 6.12.2 Denial of Access to the Courts 23



### 2. "Wrongfully Accused" has been adjudicated as evidenced by the " assessment of a penalty " in t he form 24



### of summary process or traffic ticket and “agency action affecting a person or an entities legal interest” 25



### as evidenced by the arrest . Therefore

, as a con tested case with a final conviction, demand is made for 26



### an "Original" Habeas ( c.f. 28 § 2254). 27



### 6.12.3 Objection to Court Acting as Agency 28



### 1. Otherwise "Wrongfully Accused" has not been given formal notice and an opportunity to res pond

, 29



### unless the ticket is the formal notice and court is acting as the Agency

, c.f.: 30

[ OFFICE OF THE ATTORNEY GENERAL 31

23 Apply: To make a formal request or petition , to a court or officer, for the granting of some favor, or of some rule or order,

which is within his or their power or discretion.

- To apply for a pardon. When used with statutes in describing the class of

persons, within its scope; as that the statute only “ applies to transactions in interstate commerce ”. Black’s Law 6 th

. 24 Title 12, Sec 411.WRIT OF MANDAMUS Page 13 of 17

Case No: ____________ ADMINISTRATIVE LAW HANDBOOK 2014 1

Licensee's Opportunity to Respond [pg 5] 2

The minimum legal requ irements for notice and opportunity to sho w compliance are met by the agency's 3

formal notice of hearing to the licensee. ] 4

5



### "Wrongfully Accused" objects to the court acting as the Agency and demands due process 6



### adjudication by the agency as per the APA

. 7



### 6.12.4 Fraud Upon the Court 8



### 1. NOTIFICATION IS HEREIN GIVEN to the magistrates of this court

, of wrongdoing or fraud upon 9



### the court by way of the simulated process/wrongful arrest [ 25 

### ] and the requirement of remedy [ 26 

### ]

. 10



### 6.12.5 Denial of counsel 11



### 2. "Wrongfully Accused" is denied assistance of counsel of his choice, c.f. : 12

[ 18 U.S. Code § 3006A

- Adequate representation of Relator s 13

(a) Choice of Plan.

— ... Representation ...shall include counsel and investigative, expert, and other services 14

necessary for adequate representation. Each plan shall provide the following: 15

(1) R epresentation shall be provided for any financially eligible person who

— 16

(H) is entitled to appointment of counsel under the sixth amendment to the Constitution; ] 17

18



### "Wrongfully Accused" did appoint assistance of counsel, upon the first day of incarceratio n, said 19



### counsel was denied access to the jail for want of a "License". At this time "Wrongfully Accused" is 20



### still being denied access to his required counsel at the jail. 21



### 6.12.6 Fundamental Error

- Not Amenable to Process 22



### 1. "Wrongfully Accused" has no contacts wit h forum state of any continuous, systematic or subs tantial 23



### nature and any purported presence , being merely technical. Objection is not waived by contract

, 24



### general appearance or otherwise, thereby constitutional due process is denied and fraud and 25



### construct ive fraud is commenced. 26



### 2. Cause of action did not arise out of the nonresident's mere technical presence with Texas [ 27 

### ][ 28 

### ] and is 27



### without notions of fair play and substantial justice. The Wrongdoers have failed to take "Wrongfully 28

25 see also misprision of a felony.

26 [ c.f. judicial notice]

- Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act

or acts of treason. U.S. v. Will , 449 U.S. 200, 216, 101 S.Ct. 471, 66 .Ed.2d 392, 406 (1980); Cohens v. Virginia , 19 U.S. (6

W heat) 264, 404, 5 L.Ed 257 (1821) Any judge or attorney who does not report such judges for treason as required by law may

themselves be guilty of misprison of treason , 18 U.S.C. Section 2382.WRIT OF MANDAMUS Page 14 of 17

Case No: ____________ 

### Accused" directly to a ma gistrate [ 29 

### ] , to reach the burden to plead sufficient allegations [ 30 

### ]

, recognize 1



### demure, or allow for an examination hearing for that purpose and "by raising t he jurisdiction issue in 2



### federal court, the nonresident Relator places the b urden on the plaintif f to prove in personam 3



### jurisdiction" [ 31 

### ]. 4



### 6.13 In the Alternative

- Administrative Remedies Not Exhausted 5



### 1. If by some strange notion that fair play and substantial justice is deemed to be held in the mind, then, 6



### alternatively to the above conditions

, C onstituti onal due process has been withheld by denial of 7



### exhaustion of a dministrative remedies

. 8



### 6.13.1 Or (Declaratory Judgment) 9



### 1. Alternatively as related to the above condition , t he primary jurisdiction doctrine of administrative 10



### remedies does not apply when the issue to be decided is inherently judicial in nature and it is alleged 11



### that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or 12



### impair, the legal rights or privileges of the "Wrongfully Accused" , nor is it a prereq uisite for a 13



### declaratory judgment concerning the validity or applicability of an agency rule, and may be relaxed 14



### when the administrative remedies are inadequate, or when the agency's action is unconstitutional, 15



### beyond its jurisdiction, or clearly illegal, or if only constitutional challenges to statute is made, or 16



### purely questions of law [ 32 

### ]. Therefore demand is made for the court to give declaratory notice, as to 17



### the rights and duties of the parties thru Declaratory Judgment , or as may be necessary to noti fy the 18

27 Whether the exercise of a state court's extraterritorial jurisdiction satisfies the requirements of the Due Process Clause

depends on the relationship among the Relator , the forum, and the litigation, rather than the mutually exclusive

sovereignty of the states or the mere presence of property in the forum [Int ernational Shoe Co. v. Washington, 326 U.S. 310,

316, 66 S. Ct. 154, 90 L. Ed. 95 (1945); Shaffer v. Heitner, 433 U.S. 186, 212, 97 S. Ct. 2569, 53 L. Ed. 2d 683 (1977)].

28 We therefore conclude that all assertions of state court jurisdiction must be evaluated according to the standards set

forth in International Shoe and its progeny [Shaffer v. Heitner, 433 U.S. 186, 212, 97 S. Ct. 2569, 53 L. Ed. 2d 683 (1977)].

29 COURTS OF THE UNITED STATES

-

. Equity Jurisdiction of the Circuit Courts. 102. By t he Act of August 23, 1842, it

is enacted, 5, " That the district courts , as courts of admiralty, and the circuit courts, as courts of equity, shall be deemed

always open for the purpose of filing libels, bills, petitions, answers, pleas, and other pleading s, and for...other proceedings

whatever... [Bouvier's 1856]

30 Am. Type Culture Collection, Inc. v. Coleman, 83 S.W.3d 801, 807 (Tex. 2002).

31 Product Promotions, Inc. v. Cousteau, 495 F.2d483, 489

- 491 (5th Cir. [Tex.] 1974)].

32 Dorsaneo, Te xas litigation Guide §424.01[2], Administrative Proceedings, Direct Judicial Proceedings.WRIT OF MANDAMUS Page 15 of 17

Case No: ____________ 

### agencies (Department of Public Safety and Whitewright Police Department) of the right s and duties of 1



### the parties for future reference as it relates to the substantive rights of "Wrongfully Accused" [ 33 

### ]

. 2



### 6.14 In the Alternative

- Court Not Vested With Jur isdiction 3



### 2. In further altern at e tha n the foregoing issues , t he record reflects that an information was not proffered

, 4



### to vest the court with jurisdiction

, or to determine a defense

, or make a plea to the charge

, further 5



### violating constitutional due process. 6



## 7. DEMAND FOR RELIEF 7



### WHEREFORE, the court did consider the matter and hereby directs the following: 8



### 1. Direct GRAYSON COUNTY SHERIFF , J. Keith Gary and/or SERGEANT, James Woodson 9



### (Grayson County Detention Center) to free "Wrongfully Accused" immediately. 10



### 2. Direct Jason Wall (WHITEWRIGHT POLICE CHIEF) to return stolen property to "Wrongfully 11



### Accused" ( 84' Red 4 door Mercedes 190D ). 12

13



### 3. Emergency and permanent injunction on all wrongdoers and state actors from further collection 14



### and future harassment in their regulato ry scheme ; 15

16



### 4. Declaratory notification to the agencies of the State of Texas et. al, as to the duties of the agencies 17



### officers (as it relates to "Wrongfully Accused" ), with a requirement for all state agencies to update, 18



### correct and/or purge their records as it pertains to "Wrongfully Accused"

- written on "Wrongfully 19



### Accused" behalf; 20

21



### 5. Sanctions against wrongdoing officers , acting under color for: 22



### i. Submitting false, libelous, unwarranted, and baseless informations

. 23



### ii. Attempting to abuse the court for political rather than legitimate Constitutional purposes. 24



### iii. Establishing a religion by attempting to proceed without any evidence whatsoever. 25



### iv. Aggravated kidnapping the "Wrongfully Accused"

, uncomp ensated time responding to baseless 26



### charges, and thereby forcing him to make his private dealings into a public record in order to defend 27



### himself from libel. 28



### v. Discip linary action against purported officers for misuse of emergency procedures and for all reas ons 29



### shown above. 30

31



### 6. All other relief that "Wrongfully Accused" shows is equitable and just for compensation and cost [ 34 

### ]; 32



### and 33

34



### 7. All other relief that may be available. 35

33 See also 28 USC § 2202 Further relief.

34 In any proceeding under the Uniform Declaratory Judgments Act, the trial court is authorized to award costs and

" reasonable and necessary" attorney's fees that are "equitable and just". [Dorsaneo, Texas Litigation Guide § 45.06[1]].WRIT OF MANDAMUS Page 16 of 17

Case No: ____________ 

## 8. VERIFICATION 1



### IN WITNESS OF THIS AGREEMENT, the undersigned states that all herein be true, to the best of my 2



### knowledge and ability, execute d from without the “United States”; c.f. definition in 28 U.S.C. §1603(c ), 3



### §1746(1) and 26 U.S.C. §7701(a)(10)(26)(31) as of the 3rd day of August 2015. 4

5

6

7



### ______ /s/

_________ 8



### Karl Schonwalder by 9



### Scott Odam POA 10



## 9. VERIFICATION OF SERVICE 11



### This is to verify that a copy of the above

- entitled and numbered claim has been served on all parties 12



### listed below

, delivering a true copy to the m thru the courts electronic filing system

, or mailed where 13



### necessary as follows: 14

15



### *** EX PARTE **** 16

17



### KEN PAXTON (A.G.) [ 35 

### ], 18



### 300 W. 15th 19



### Austin, TX 78701 20

21



### Rick Webber 22



### 507 W. Grand Ave 23



### Whitewright, Texas 754 91 24

25



### J ason Wall [ acting as WHITEWRIGHT POLICE CHIEF] 26



### 507 W. Grand Ave., 27



### Whitewright, Texas 75491 28

29



### John Doe A

- Z ( acting as WHITEWRIGHT POLICE OFFICER ) 30



### 507 W. Grand Ave., 31



### Whitewright, Texas 75491 32

33



### Steve McCraw, (acting as Director of DPS) 34



### Texas Department of Public Safety 35



### 5805 N. Lamar Blvd. 36



### Austin, TX 78752

- 4431 37

38



### Larry Atherton, (acting as Magistration Judge , J.P. #1 ) 39



### 200 S. Crockett 40



### Sherman, TX 75090 41

42



### Donnie Carter, (acting as Assistant D.A.) 43

35 Only substantial compliance... [Failure to notice in alternative declaratory judgment] does not constitute fundamental error.

Dorsaneo, Texas Litigation Guide § 45.05[3].WRIT OF MANDAMUS Page 17 of 17

Case No: ____________ 

### 200 S. Crockett 1



### Sherman, TX 75090 2

3



### Brian Gary, (acting as Trial Judge

, 397th District Court ) 4



### 200 S. Crockett 5



### Sherman, TX 75090 6

7

8

9

10



### _____________________ 11



### Karl Schonwalder 12

13

14