EL Defenzor.net: Watt is the "common denominator?" pos Quayate......Shoewe ME D QUAN>>>>>

EL Defenzor.net: Watt is the "common denominator?" pos Quayate......Shoewe ME D QUAN>>>>>


CORPUS CHRISTI — The Nueces County Medical Examiner's Office may lose certification and be forced to delay critical reports without more workspace and a larger staff in the next two years, officials said.

The office is forced to ask the Commissioners Court for extra resources estimated at $640,000 for the next fiscal year to manage a rapidly increasing workload and national recertification in 2009 that mandates a maximum ratio of autopsies performed for each forensic pathologist, said Nueces County Medical Examiner Dr. Ray Fernandez. That estimate includes a one-time cost of $500,000 for a 2,000-square-foot addition to the office and hiring another pathologist with a $140,000 annual salary.

As medical examiner, Fernandez is responsible for investigating the deaths of all people who die violently, suddenly or unexpectedly. Since 1996, the number of cases reported to the office increased by 54 percent to 1,528 deaths in 2006 from 990 cases in 1996, according to county medical examiner data. The escalating number of cases results from increasing population, more immigrant traffic in the area and a higher frequency of death reports from surrounding counties, Fernandez said.

"The volume of work has grown tremendously," Fernandez said. "Right now I'm the chief examiner, the associate and the one who locks up the place."

While the office isn't backlogged, it is getting close and may start seeing delays in autopsy reports, death certificates and other documents if something isn't done, Fernandez said. These documents directly impact residents in the ability to execute an estate and file insurance claims, he said.

A delay in autopsy reports -- or if the office isn't recertified during its next review scheduled for fall 2009 -- could jeopardize the prosecution of homicides and police investigations, said District Attorney Carlos Valdez. Prosecutors are unable to prove a homicide case without the testimony and findings of the medical examiner, Valdez said.

"We're talking about the criminal justice system -- ultimately protection of the public," he said. "If something breaks down in the criminal justice system, it affects everything and in the end it may cause guilty people to walk free."

The Nueces County office is one of five statewide that are certified by the National Association of Medical Examiners out of 13 offices statewide, according to the association. According to Valdez, that certification adds a degree of credibility during criminal trials.

certified office

Medical examiner's offices, along with all statewide crime labs, were required to be certified under a 2005 state law, Fernandez said. However, the state granted a temporary exemption to medical examiners before the law took effect.

The Nueces County Office received certification by the National Association of Medical Examiners in November 2004 to gear up for what is expected to be a requirement in coming years. The exemption still is in effect but may be dropped during the 2009 legislative session, Fernandez said.

One of the certification provisions bars having more than 325 autopsies for each forensic pathologist, and the recommended maximum is no more than 250 autopsies each.

In 2006, the Nueces County office performed 328 autopsies stemming from Nueces County, which does not include autopsies of bodies from the 16 surrounding counties the office serves.

Data for autopsies from surrounding counties in the past few years was not immediately available, but likely add 100 to 150 autopsies per year, Fernandez said.

"We are at a crossroads here -- we're either going to move resources, maintain accreditation and be in compliance or expect to see delays," Fernandez said. "If nothing's done (the delays) probably would come sooner rather than later. It would probably be in the coming year or the following year after that."

considering request

Fernandez presented to commissioners requests for a facility upgrade, an extra forensic pathologist and an assistant last month during the court's budget workshops. County Judge Loyd Neal said last week that the court understands the request and will come to a decision before the 2007-2008 budget is finalized in September.

"We don't want this office not to be certified," Neal said. "With that said, there's a price tag attached to that of several hundred thousand dollars. ... One of the issues we will look at is the importance of doing this in a timely basis, and how do we pay for it."

The 2,000-square-foot expansion of the office would include an office for the extra forensic pathologist, additional workspace and a family grieving room, Fernandez said.

The request also includes hiring a permanent autopsy assistant.

"We certainly are going to work with (Dr. Fernandez) in every way we can to make sure we've looked at all alternatives and make sure we are properly equipped and funded for when inspection comes," Neal said. "But there's no guarantees. We have several million dollars' worth of requests before us and this is one of them."

Contact David Kassabian at 886-3778 or kassabiand@caller.com

The number of cases reported to the office increased by 54% to 1,528 deaths in 2006 from 990 cases in 1996.

Responsibilities

Investigate the deaths of people who die violently, suddenly or unexpectedly.

POS CCPD ANTHE 11 surround sound sAY naig....

The Serpent IN the Garden January 14, 1996 Houston: Inaction Allowed Abuser To Roam For 10 Years.

The Serpent IN the Garden January 14, 1996 Houston: Inaction Allowed Abuser To Roam For 10 Years.

I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth

I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth

1. Appellant demands this appeal be abated and this court direct Appellant’s Attorney to represent her.

2. Appellant request legal representation as her request to oral argument is forbidden without it.

3. Appellant apologizes for any error committed as a Pro Se Defendant (Layperson) and for any reversible error committed; to be informed and given the opportunity to correct the error. Appellant at this late hour realizes she never signed the PDR she submitted and moves to correct at the Court’s discretion.

4. Appellant has had ineffective assistance of council. Jill Williams still represents appellant because she has never ask the courts permission in writing or in open court to withdraw. (List crucial periods without representation like when the state originally confessed) (error during the period immediately following submission to the clerk of the 13^th COA until the Court began to consider it.) (See Letter from Attorney)

5. Appellant request this court order a TWC investigation into this “comedy of errors”, “confession of errors” and “peculiar circumstances”. In the Alternative it is requested that all TWC subject matter be forwarded to the appropriate entities, The Governor of Texas, the Attorney General of the State of Texas and the Texas Workforce Executive Staff.

6. Appellant request this court order both administrative and criminal hearings to assist fact finders in the imminent TWC investigation. See attached TWC letter dated June 20, 2007.

7. Appellant invites TWC to submit a friend of the court letter.

8. Appellant request this court engage the TWC and conduct a hearing on this matter before ruling on the motion for rehearing

9. The 13^th Court of Appeals erred by excluding statements made on the (MFNT) record. The State did file a reply brief. This demonstrates that the court has not made its decision based on a whole record.

10. The Failure of the State to file a reply brief is treated as a confession of error per Siverand v. State ¹. As grounds for this cause Appellant respectfully request this Court take Judicial notice based on intervening Supreme Court precedent per Saldano v. Texas, 530 U.S. 1212 (2000) ² and grant this petition for discretionary review, vacate the judgment and remand the case for further consideration in light of developments during the pendency of this appeal. Specifically, it is requested this Court require such further proceedings (remand to trial court for the State to correct the error and file its reply) to be had as may be just under the circumstances.

11. The 13^th COA erred in it’s ruling, “any opposing arguments are limited to those advanced by the State in the trial court”.

12. Appellant relies on the complete appellate record.

13. The 13^th Court of Appeals made arguments on behalf of the state by technically censoring actual confessions of error in the Hearing on the Motion For New Trial. The confessions by the state are muted under the confession of error per Siverand Limiting the appellate record on behalf of the state to the trial court setting. Limiting the appellate record on behalf of the state to the trial court setting, the state’s side of the record that has vanished, when appellant relied on crucial testimony in the MFNT Hearing.

14. The 6th Amendment not a waivable right. It stands independent of ineffective assistance of counsel? The State needs to legitimize how State employee can be under subpoena as a witness for the State’s Adversary in a criminal proceeding and the state cannot compel her to appear. Then not file a reply brief in effect quashing the first opinion and censoring the confessions of error committed by the State during the Motion For New Trial.

15. The Failure of the State to file a reply brief is treated as a confession of error ¹; in this case the States Confession of Error is a "fundamental error" requiring correction. Although this court “may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review” it may also remand for further consideration in light of the confession of error ³. From the beginning this case has presented a comedy of errors and in particular some very peculiar circumstances. The States failure to file a reply brief deprives the appellant of crucial statements made by the State ² (by limiting any opposing arguments to those advanced by the State in the trial court. Id). It is this appellant’s belief the error is a tactical approach to disenfranchise Appellant of her right to fully supplement the record in her motion for new trial. Benefit from committing an error or committing an error so as to benefit from. Sounds like a Texas criminal style legislation to me

16. The decision of the Appellate court conflicts with the Texas Rules of Appellate Procedure 38.1(h) and 38.2(a)(1) ⁴ and Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) ⁵. The Appellate Court unequivocally has advanced arguments on behalf of the state. Not only have arguments been made on behalf of the state there are arguments made by the Appellate Court that are completely inaccurate: The 13th COA makes the statement “The record reflects that counsel exercised his ten peremptory strikes and, therefore, did not have an available strike for Ruff”. (Vol. 2 RR p,3 @3-6) (Vol. 1RR p.114). Is this court reading the same court record that this Appellant possesses? Appellant challenges the record furnished to the Appellant court as the record clearly reflects in direct contradiction of the 13^th Court of Appeals record. There were available strikes, Appellant’s Counsel exercised ZERO peremptory strikes. This shows there could be other mistakes or misreadings. Justice in this case requires that the Appellate Court did not understand the facts of the case well enough to properly and justiciably make a decision. The Confession of error by the State and blatant errors committed while reviewing the record as a whole in the appellate court. There is too much error and all of it is harmful. Appellant waives no error known and unknown.

17. The decision of the Appellate court contradicts itself with respect to its decision in Siverand.

18. Limiting the states record advances arguments on behalf of the state

19. The 13^th Court of Appeals relies on an incomplete record and has quoted the record inaccurately. This means either the record is either incomplete, inaccurate or the Independent Jurist did not take their duty seriously. The timing is highly suspicious being that two of the three Jurists were involved in campaigning, political maneuvering, schmoozing and networking and concentrating on their JOB.

20. Procedural Posture is faulty in light of confession of errors once the state confesses errors the errors need to be corrected.

21. The decision of the Appellate court contradicts itself with respect to Saldano v. Texas, 530 U.S. 1212 (2000) ². In light of the confession of error the case should be “remanded for further consideration in light of the confession of error”.

22. The verdict in said cause is contrary to the law and the evidence and there is newly discovered evidence touching the issues involved in said cause. Below is the controlling administrative law. This makes the entry Legal and TRUE. This is a WIA, TWC And Texas Department of Human Services directive per Standard Operating Procedure.

TEXAS WORKFORCE APPEALS POLICY AND PRECEDENT MANUAL

TOTAL AND PARTIAL UNEMPLOYMENT

<sub>TPU 105.00

TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS UNEMPLOYMENT STATUS.

Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable assurance of continued employment within the meaning of
Section 3(f) (now codified as Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to
substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute teacher has been asked to continue in the same capacity for the following academic year. Simply placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.</sub>

23. The trial of the above cause was not had before, nor was the verdict therein rendered by "an impartial jury."

24. Appellant’s right to the Compulsory Process was and continues to be thwarted. Material Witness Mary Cano never appeared to any of the proceedings in which Defendant’s / Appellant’s Counsel subpoenaed her. A subpoena was issued for Mary Cano directing her to appear before the same court proceeding (MFNT) in which the State claims it can get her there if she is needed. The State admits knowledge of Mary Cano’s whereabouts and goes on to boast of her being easy to find; yet whether willfully or inadvertently LeeAnn Haley’s 6^th Amendment right to Compulsory Process was violated.

¹_. ”_{When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."}

² _{Certiorari Granted—Vacated and Remanded}

_{No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari}

_{granted, judgment vacated, and case remanded for further consideration in light of the confession of error}

1. ”When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."
2 Certiorari Granted—Vacated and Remanded
No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari
granted, judgment vacated, and case remanded for further consideration in light of the confession of error

3 Pursuant to Siverand, we will make an independent examination of the merits of appellant's points of error and any opposing arguments are limited to those advanced by the State in the trial court. Id.
4 The rules of appellate procedure require the parties to advance their own arguments. Tex. R. App. P. 38.1(h) and 38.2(a)(1).
5 Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) Finally, decisional authority prevents us from advancing arguments on behalf of either party.

WHEREFORE, Petitioner prays that the court will:

1. Abate the Appeal, order a hearing to conduct a TWC administrative investigation and hold a hearing to conduct a Criminal Investigation and appoint counsel.

2. Remand this case for a new trial, or

3. Grant Appellant’s Motion for Rehearing.

4. Grant Appellants Motion for Rehearing, vacate the 13th COA opinion and remand for New trial and court appointed counsel.

5. Grant Appellants Motion for Extension of Time to File a Motion for Rehearing before ruling.

Respectfully submitted,

Can RISD Trustees Contract, Vend or Conduct Business with the Robstown Independent School District? How 'bout RISD Trustee Jerry Gonzalez

Google Yourself Corpus Christi: When Carlos Valdez Confesses Error Does Not The Same Rule Apply?

Google Yourself Corpus Christi: When Carlos Valdez Confesses Error Does Not The Same Rule Apply?

First, in seeking the death penalty, prosecutors sometimes overlook glaring illegalities.

"courts, especially state courts, are too often willing to overlook even obvious constitutional flaws when reviewing death penalty cases."

And if they are "willing to overlook even obvious constitutional flaws and glaring illegalities when Prosecuting & reviewing death penalty cases."

WATT about all of the other cases?

How many "overlooks" of "constitutional flaws" or "glaring illegalities" have become tools of Cheating Prosecutors who have forgotten "Prosecutors, despite striking hard blows, must never lose sight of their ultimate obligation to do justice in every case.

How many Prosecutors deliberately commit the error of failing to file a reply brief in an Appeal Process because it deprives the appellant of exculpatory testimony, evidence, and confessions of error or witness tampering by the State Prosecuting Attorney?

Capelo, Solly, Shamsie and the Delay Brothers (Randolph & Tom) So WATT is so different about those Republicans you love and Republicans You Loathe?

who controlled the Jail and how Randy Delay not getting the $1.2 million contract along with Shamsies animosity from being forced out and dislike of Larry is the reason Randy Delay's Federal Lobby Influence pulled a power play and the Federal Prisoners could no longer stay?

OK people here it goes. I apologize if this offends and certainly encourage anyone who disputes or challenges anything written in this Article to rebut / respond.

All submissions are posted regardless of position or standing.

Now, to the heart of the matter; the "Shamsie Tick" FKA the "Shamsie Clique" network of Avarice and Fiscal Loophole Specialties.

Dear Mr Shamsie,

It is ironic how you entered the Body of Christ via Robstown and you pinched and cut and denied and fired, released, and demoted your supporters their families and the community they inspired to elect you. A bang up JOB you performed with fiscal expediency and without one drop of loyalty (not even to your wife).

Mr Boss Of Bosses, Jefe de Jefe, or fiscal deconstructionists (creative accountant) and his oddball choice of high ballin contractor without bid process. It turns out …..

DOS Logistics & Omega Contracting Inc.-

Yet, the county is paying three times the customary rate for engineering and inspection services, according to engineers in government and private practice.
Instead of assigning the county's staff engineer to handle the project, Nueces County Judge Terry Shamsie negotiated $7.6 million for engineering with Omega Contracting Inc. and $7.95 million for inspection with DOS Logistics, as the county revamps 280 miles of mostly flat, straight, narrow, non-shouldered rural roadway. , Source: CCCT,

Public Private Strategies-

Randy DeLay, owner of Public Private Strategies Consult, Inc, said he told Nueces County Judge Terry Shamsie and his assistant, Tyner Little, that his firm was withdrawing its proposal to represent the area. Source: CCCT

Last year, Shamsie and County Commissioner Oscar Ortiz unsuccessfully sought to award DeLay a $1.2 million contract to lobby on behalf of local military installations. Source: CCCT

The Correction Corporations of America (CCA)-

Private Prison-Industrial complex such as the Corrections Corporation of America (CCA), the GEO Group (formerly known as Wackenhut), Correctional Services Corporation (CSC) and Correctional Medical Services. ,

The Federal Prison Lobby Bureau of Prisons-

Randy DeLay, the brother of House Majority Leader Tom DeLay (R-Tex.), lobbied the Bureau of Prisons to send its prisoners to RCDC [Reeves County Detention Facility], at the behest of county officials.

Randy DeLay isn't the only member of his family with an interest in corrections. In December, Rep. DeLay accepted a $100,000 check from the CCA for the DeLay Foundation for Kids. ,

The Primary Robstown Private Prison Contractor (LCS) Leverage of Public Opinion that affected the election.

Political ad could alter deal

Nonetheless, the company's owners fired off statements Tuesday and Wednesday through lawyer Tonya Webber questioning why they were being pulled into the political fray and refusing to comment to "rumors or allegations that the negative campaign" had jeopardized the company's plans for the facility.

"LCS Company officials will not respond to questions regarding whether the company will change its plans to build a corrections facility in Nueces County," Webber said. "They will not make that decision until after next Tuesday's election."

Commissioner Betty Jean Longoria said it would be unfortunate if the political ad kills the project.

SHOW MORE

CAMPAIGN MUD BEING SLUNG HARD
Company officials refused to comment on whether the ad has now jeopardized the plans to build the corrections facility, saying it might unfairly impact the election.

But, but,…. but Lencho Rendon was Alvarez's consultant and he is in business with Randy Delay so why would the Louisiana Contractor (Robstown Federal Prison Project) dare to offend a candidate of Lencho? Did Lencho squeeze Alvarez to eliminate him for a candidate he could or thought he could control? Is that candidate Jimmy Rodriguez or Jim Kaelin? Is there any truth that Kaelin is being courted (or has received campaign donations) from WATT Democrat? The Federal Prisoner Removal, the abuse of a Political Familia from Robstown and the Nueces County Jail Conditions but you wanted to give 1.2 million to Randy Delay for WATT?

BRACC, BREAK or BROKE while sacrificing our "money maker" (the Nueces County Jail). Was / is Randy Delay via Solomon Grande our Nueces County insider connection to the Federal Prison Lobby? The Awards (evidenced by Larry Olivarez) and the Federal Prisoner occupancy dividend was never a problem until after the $1.2 Million to DELAY was denied. WHO wanted the Nueces County Jail to be a problem right in the middle of the County Leadership Races? Who crashed in during the Primary from Lousiana with concerns about the building of a Private Prison?

"I remember Lencho telling me that his ideal dream team (to help BND) would be (lobbyist) Randy DeLay, (Monterrey consult-ant) Esther Rodriguez and 'Madam Ping,'" Lasseigne said.

A Dream Team of Randy Delay with Solly Lobbying in Washington, Solomon Sr. nicely positioned on the House Arms Services Committee and his influential "friends" such as Congressman Ike Skelton, the distract and the DELAY side JOB Lobby at the Federal Bureau of Prisons / CCA / Private Prison Profiteering CON. With the Shamsie Dream Team, the Nueces County housing Federal Prisoners was never an issue, not even when the Mold Contamination was an issue. Evidently, the Mold remains even though the Commissioners Court and Shamsie never addressed it (or did they ignore it?). These are not Democrat issues. These are not Republican issues these are Nueces County issues.