The State of Texas has a Legal and Moral Obligation to provide this Citizen with Restitution.
this Right to Restitution was Secured in our Texas Constitution
Section 51-c, Art. III, of our Texas Constitution
My restitution cannot, lawfully, be abrogated or denied by the State through any division. Not the Judiciary, Not the Executive (Attorney General), Not even by the Legislature absent an amendment passed by the true sovereign of Texas, the People of Texas.
HERE IS THE PROOF !
The question of whether or not a Citizen had a right to bring a lawsuit upon the government of Texas (aka, 'The State of Texas') for wrongful imprisonment came up in the 1950's. The particulars of that case have not been found. But someone was wrongful imprisoned and discovered, as did I in 2000, that the State, as represented by the Attorney General, claimed sovereign immunity. The Court of that time agreed. In response an Amendment to the Texas Constitution was passed by an overwhelming majority of Legislators in the 54th Regular Session. House Joint Resolution HJR-31 read as follows:
Proposing an amendment to Section 51 of Article III of the Constitution of the State of Texas by adding thereto, a new section to be known as Section 51a and providing that the Legislature may grant aid and compensation to persons who have been fined or imprisoned in this State, under the laws of this State for offenses of which they are not guilty. See here the official document showing passed by house 125 ayes, 9 names.
It then went on the ballot and was presented to the Sovereign of Texas, the people / voters, as Proposition Prop. 1 and did read as follows:
For the constitutional amendment granting power to the Legislature to grant aid and compensation to persons who have paid fines or have served prison sentences under the laws of this State for offenses of which they were not guilty.
The vote on Election Date 11/06/1956 was overwhelming: 87% !!!
Votes for: 1,175,908 Votes against: 182,755
The foregoing is available from the Legislative Reference Library of Texas and then do a bill search for HJR 31 in the 54th.
Here is a pdf of the info or you can go to this link;
CONSTITUTION ILLEGALLY AMENDED
The records of who or how the Amendment was changed have not been found. But note the difference between the amendment, as passed by the Legislature as HJR 31 and as passed by the sovereign of the State, the voters, as prop 1 and how it is presented today in our Texas Constitution. Note that it still shows the date of Nov. 6, 1956 as the date it was added.
Sec. 51-c. AID OR COMPENSATION TO PERSONS IMPROPERLY FINED OR IMPRISONED. The Legislature may grant aid and compensation to any person who has heretofore paid a fine or served a sentence in prison, or who may hereafter pay a fine or serve a sentence in prison, under the laws of this State for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient.
(Added Nov. 6, 1956.)
The addition of “under such regulations and limitations as the legislature may deem expedient” is not a power granted by the sovereign. And clearly the Right created by this Amendment is for any fined or imprisoned who were not guilty. But this illegal addition to our Texas Constitution has been utilized to thwart my collection of the restitution due me for the unlawful and wrongful acts of the government.
Obviously the State has a Legal and Moral Obligation to provide me with Restitution,
and this Right to Restitution was Secured in our Texas Constitution
It cannot be abrogated (denied) by the State through any division. Not the Judiciary, Not the Executive (Attorney General), not even by the Legislature absent an amendment passed by the true sovereign of Texas, the People of Texas.
My acquittal (Judgment of Not Guilty / Innocent) came in 1999 and affirmed by the Texas Court of Criminal Appeals. Pursuant to the Jurisdiction granted by our Constitution to our Courts; It is not subject to review or reversal in response to my civil suit upon the State.
Article 5, Section 5, of our Texas Constitution titled Jurisdiction of Court of Criminal Appeals. The Court of Criminal Appeals shall have final appellate jurisdiction and its determinations shall be final in all criminal cases. That's the Law of our Texas Constitution. And in our Code of Criminal Procedure, Article 4.04, Section 2. The Court of Criminal Appeals shall have, and is hereby given, final appellate and review jurisdiction in criminal cases and its determinations shall be final.
and the limit on jurisdiction of our Courts in Civil Cases;
Sec. 3. JURISDICTION OF SUPREME COURT; WRITS; CLERK. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. Its jurisdiction shall be co-extensive with the limits of the State and its determinations shall be final except in criminal law matters. Its appellate jurisdiction shall be final and shall extend to all cases except in criminal law matters and as otherwise provided in this Constitution or by law.
Now see how the Legislature, in the Act of 2001, whittled down this Right secured by our Constitution and then see how a Justice Robert Pemberton pretending to serve in our Third Court of Appeals destroyed it.