DueProcess HabeasCorpus
Whether Smithback is being deprived of his liberty without due process of law
No question identified. : * Grounds for Granting Habeas Corpus : Smithback respectfully presents the following grounds for granting Habeas’ Corpus review, and relief: : : Ground #1. Whether Smithback is being deprived of his liberty wi 7: without due process of law, to wit: Texas did not ik have subject matter jurisdiction, persuant to the a Carmell v. Texas, 529 U.S. 513 (2000) decision, to ° : arrest, chdtge, indict; convict, and sentence him — : to fourty-five years imprisonment in the Texas Depsi . artment of Criminal Justice; . : Ground #2. Whether Smithback is being deprived of his liberty ; without due process of law,:to wit: failing to provite vide Smithback with théevtrial /bygjury, as he requested, due to the prosecuting witnesses deliberate : refusal to appear twice for said trial; ‘ Ground #3. Whether Smithback is, being deprived of hia liberty without due process of law, to wit: Texas unconstitutionally induced plea agreement ‘without: jurisdiction;.. wg OE Ground #4. Whether Texas has engaged in selective prosecution, . . to wit: prosecuting Smithback regardless of juris. diction, but ‘deliberately refusing to prosecute the ' . : suspected perportrator(s) involved in the sexual : ; assault of Smithback. Smithback does not have afiy viable copies of the trial record: Neither the Dallas County District Clerk, the Dallas County District Attorney's Office, or the 411th District Court would not allow Smithback to obtain such ... : : documents. Smithback does have one viable copy of the "State's Response to the Application for Writ of Habeas Corpus..." that Smithback offers in support of habeas corpus relief. : .