The Honorable Judge Keasler signed the Waiver of Arraignment the Pro Se submitted to the Court to waive the reading of the arraignment on a case the Pro Se has yet to see a magistrate.
This is a very important legal step. Now the arraignment has been waived and in the waiver it was objected that the Pro Se has not seen a magistrate.
The arraignment has passed and now there is no magistrate available, by process. This brings up a very interesting due process concept.
In any case, the setting of arraignment was converted to an announcement.
The motion to dismiss for lack of jurisdiction has yet to be ruled on, but the Judge did sign the denial to dismiss the Habeas corpus application in the connective cause.
It’s actually a good thing he signed the order. This means there is a judgement for the Court of Appeals to review.
It doesn’t matter that a different judge signed the order. It means no other judge can create any other stipulations. The mere fact the judge that heard the case never created a judgement creates a denial anyway.
Many may be concerned the judge signed the denial. The Pro Se is pleased. It’s just a process step within the Appeal. It doesn’t mean anything. The Judge that signed it didn’t hear anything and doesn’t need to. He is just closing the file the previous judge never finalized.
Now the Appeals circuit will have a lot more to review.
After the announcement, where the State of Texas will have to tell the Pro Se the case (they don’t have), they will also have to submit a brief to the appeals court two days later.
There are a lot of moving parts in this case. There is still an open Federal Civil Rights Lawsuit.
Nothing the presiding judge of the current case (outside of the Habeas Corpus matter) has been improperly done or decided. There are technicalities in process that many wouldn’t understand.
We look very forward to the announcement. During such time a Lack of Jurisdiction claim will be made (magistrate review) and if denied (which doesn’t matter), then it will be discovery and exculpatory evidence motions.
Once that evidence is received, the Pro Se will be ready for trial, but will the State of Texas? Or will the Habeas Corpus appeal already cancel out the new proceeding?