Friday, March 16, 2018


HAS MIKE HERNANDEZ LOST HIS MIND, OR IS BEING CORRUPT AND ABOVE THE LAW JUST HIS WAY - CONSIDER THE FOLLOWING IN CONSIDERING HIS MENTAL CAPACITY - AGAIN MENTAL CAPACITY PROBLEM OR HOPELESSLY CORRUPT? YOU DECIDE


STORY COMING IN A FEW - HERNANDEZ REPRESENTS EVERYTHING CORRUPT

To recap, in 2016 Mike Hernandez of OP1033 sued me for defamation.  Nowhere in his lawsuit does he reference any words written or spoken by me.  Hence there is no valid lawsuit. Under these cases, the law allows for the Defendant to file a motion to Dismiss.  The law expressly commands the judge to set the matter for hearing.  I made endless requests by phone with the court coordinator, and in filed pleadings with the court.  The court absolutely refused to set the matter for hearing.

Here it gets complex.  The law goes on that if the judge does not grant the Motion to Dismiss by a date certain the defendant can file for an interlocutory appeal.  This is what is known as a constructive denial of the motion.  The judge did not actually deny the motion she just refused to act on it.  At this point the law is not clear.  The court of appeals took a narrow view of the law and found based on one sentence, instead of the entire law, the judge must have a hearing first and fail to rule before it is considered a constructive denial.  The law is black and white the court must view the law broadly to carry out its intent.  The court of appeals decision was so bizarre it actually said it was incumbent on me to set the matter for hearing with findings made by me that the judge's docket did not allow for a timely hearing or ruling.  How would I have any knowledge of the judges schedule and docket.  The law expressly commands the judge to set it for hearing.

HERE IS WHERE IT GET BIZARRE

The case remains on appeal along with a mandamus to stop the  trial court from trying the case while the appeal is pending.  There is an express clearly written law which says she may not proceed while  the case is on appeal specifically as to the Anti-Slapp law which governs these First Amendment cases.

Pursuant to TRAP 28.1(b) and TRCP 51.014(b) 12 the trial court’s jurisdiction is stayed pending appeal.  "(b) An interlocutory appeal under Subsection (a), other than an appeal under Subsection (a)(4) or in a suit brought under the Family Code, stays the commencement of a trial in the trial court pending resolution of the appeal. An interlocutory appeal under Subsection (a)(3), (5), (8), or (12) also stays all other proceedings in the trial court pending resolution of that appeal."

12 is the Anti-Slapp First Amendment law. "(12) denies a motion to dismiss filed under Section 27.003;"

So it is clear the trial court cannot act. I have an email from Mike's attorney agreeing this is the law. But then he tells me Mike will not agree to a federal TRO to stop the trial court from trying the case on Monday.

Well lets say the judge learning of the impending federal TRO she cancelled the trial this morning but made clear she will reset it notwithstanding the law.

Mike Hernandez pursues corruption to get what he wants. He cannot get what he wants without corruption. He will be sued for $250,000 for conspiring with a judge to try a case over which she has no jurisdiction. Because she had no jurisdiction she has no immunity. Mike will go into federal court and through his attorney come up with gibberish as to why the law does not apply to him.

THE TRAGEDY

I have offered Mike a settlement agreement which is so confidential neither side could even say the case came to an end. Mike said no. I offered mediation. Mike said no. He is determined to win this on corruption. He is in for a shocker when the federal judge in Austin gets to the hearing. He will be a nobody with no influence will forever lock into history in Brownsville he came here as con artist.


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