Thursday, March 16, 2017


PISS ON THE CONSTITUTION BANALES THREW THE CONSTITUTION UNDER THE BUS DURING HIS CRIMINAL THREAT AGAINST RALPH TIPTON

UPDATE:

Texas AG looks at posting on Justice for Mary Tipton.  2

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Further late this afternoon someone submitted a new agreed mutual gag order.  It cannot be agreed to if all affected parties have not signed off on it.  Further, the point is completely missed on Gamez and Saenz. The record must meet the standard for a gag order and it does not.  See case law below.  It seems panic is setting in and it is too late to fix it.

From Barton's Reporting:

I'm reaffirming a gag order in this case including any statement on the internet, twitter or social media.  If you violate that order, you can be found to be in contempt of this court, subject to incarceration up to 180 days and a fine of $500 for EACH violation.  Ten violations could result in 10 times 180 days or 1,800 days, several years, in jail."

Then came Banales' most ominous warning to Tipton:  "If this case goes to court and the defendant is found guilty, your conduct could result in a mistrial.  We'd have to do this thing all over again."

My first win with the Texas Supreme Court concerned an impermissible gag order.  I was so confident the judge ignored the constitution I violated the gag order in his presence immediately after he signed it.  I won the mandamus.

Today I spent over an hour working with the clerk's office and going through the actual paper file, and there is no signed gag order in the case involving the death of Mary Tipton.  The proposed order submitted by co-criminal defendants, if the FBI does it job, Ernesto Gamez and Luis Saenz was so defective I learned through inside sources Judge Bañales refused to sign it, but nonetheless threaten Ralph Tipton with jail if he violated a non-extent gag order.

This was a clear criminal act against Ralph Tipton by Judge Bañales.  The pathetic weasel is willing to threaten a non lawyer who lost his wife, but not a word against the lawyers or DA corrupting the case.

Ralph is free to speak, but given the fact we have a judge with nothing but contempt for the constitution, Ralph could end up in jail.

The draft order makes none of the requisite findings and simply says order against publicity granted. It is directed to no one and makes no requisite findings.  Sources who were in the court room claim Judge Bañales was clear the order was defective and he could not sign it.  So when he threaten Ralph there was no order.

Today, the Deputy Chief Clerk and I searched the file and could find no signed gag order.  The court staff searched the judge's office and could find no signed gag order.  Based on the inside information that Judge Bañales refused to sign the agreed order his threat against Ralph Tipton was a clear criminal violation of Ralph Tipton's rights,

THE LAW LOST ON BANALES, SAENZ AND GAMEZ

"Conclusion

By this opinion, we do not hold that the circumstances of Graves's case will not support the issuance of a gag order. Rather, we hold that (1) there is no evidence in the record supporting the findings necessary for a gag order, (2) the limited record in this case does not support Respondent's decision to take judicial notice regarding pretrial publicity, and (3) Respondent's order does not contain sufficiently specific findings for such an order.
Respondent committed a clear abuse of discretion by issuing a gag order without making sufficiently specific findings to support a prior restraint on Graves's right to free expression under article I, section 8 of the Texas Constitution. See Poe, 98 S.W.3d at 215; see also Grigsby, 904 S.W.2d at 621; Marketshare Telecom, 198 S.W.3d at 920; Markel, 938 S.W.2d at 79-80; Low, 867 S.W.2d at 142; San Antonio Express-News, 861 S.W.2d at 268. Graves has no adequate remedy at law. See Poe, 98 S.W.3d at 215; see also Grigsby, 904 S.W.2d at 621; Low, 867 S.W.2d at 142; San Antonio Express-News, 861 S.W.2d at 266-67.
Therefore, we conditionally grant the requested writ of mandamus. The writ will issue only if Respondent fails to advise this Court in writing within fourteen days after the date of this opinion that she has vacated the Restrictive and Protective Order at issue.

Source In Re Graves: 

"in this Court’s opinion in In re Graves, and the authorities cited therein, Respondent abused its discretion by issuing its June 30, 2015 gag order. In re Graves, 217 S.W.3d 744 (Tex. App.—Waco 2007, orig. proceeding)"

Source In Re Clendennen.

The Court of Criminal Appeals, the highest court in Texas for criminal cases, adopted In Re Clendennen as the standard for criminal cases, noting in adopts In Re Graves.

When will the FBI step in and protect Mary Tipton's right to a fair trial.  Why is the state including Judge Bañales going to such extremes to protect the accused Marisa Hernandez?  Why is Judge Bañales not concerned that Ernesto Gamez did nothing to get a gag order sealing the evidence in the civil case?  Why is Judge Bañales fine with the fact Marisa Hernandez sued Ralph Tipton during the criminal trial, but mad Ralph defended himself against her lies?

IT IS LOST ON JUDGE BANALES JUSTICE MUST HAVE THE APPEARANCE OF JUSTICE, AND THE APPEARANCE OF JUSTICE IN THE CASE HAS LONG SAILED

FBI DO YOUR JOB

ONE MORE THING, BECAUSE JUDGE "I KNOW NOTHING ABOUT THE LAW" DE COSS BARRED RALPH TIPTON FROM FILING ANYTHING IN THE CASE HE HAS NO RIGHT TO SEEK A HEARING TO DEFEND HIS RIGHTS




2 comments:

Anonymous said...

Banales' mustache seems to grow weirder every time he covers-up for corruption, just like Pinocchio's nose. He should recuse himself and apply for a clown in the circus. This is how ridiculous the judicial system is in Cameron County. This is my opinion. You gotta admit Bobby, he fit the picture.

BobbyWC said...

classic, I love creativity. This will play in tomorrow's post "to grow weirder every time he covers-up for corruption, just like Pinocchio's nose."

BObby WC