No. 23-6126

Wayne M. English v. Parcel Express, Inc.

Lower Court: Texas
Docketed: 2023-11-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: access-to-courts constitutional-rights due-process equal-protection judicial-misconduct legal-representation pro-se pro-se-litigant texas-constitution
Key Terms:
DueProcess Securities
Latest Conference: 2024-04-12 (distributed 2 times)
Question Presented (AI Summary)

Can the State of Texas through its judiciary ignore the state's own legislative intent, the Texas Bill of Rights, the Federal Constitution and the due process and equal protection rights of litigants because they cannot afford nor have any means to acquire legal representation

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Texas judiciary is obligated to provide due process rights under the Fourteenth Amendment of the United States Constitution and Article 1, section 3a, 15, and 19 of the Texas Constitution to all litigants in state court whether they are state license attorneys or appearing prose. | The Texas Courts’ throughout this case has shown only a de minimis effort in allowing Petitioner to present his case. Beginning in the Justice Court through the Texas Supreme Court, it is evident that the courts have violated the due process rights of Petitioner based on his lack of legal representation A fundamental requirement of due process is “the opportunity to be heard.” Grannis v. Ordean, 234 U.S. 385, 234 U.S. 394. “It is an opportunity which must be granted at a meaningful time and ina meaningful manner. “ Armstrong v. Manzo, 380 U.S. 545 (1965). The Texas Courts while meeting the basic covenants of the Federal and State Constitutions, failed to provide Petitioner a non-discriminatory, fair and proper hearing that meets the standards required under the due process clause. The Petitioner was charged an appeal bond five times the statutory amount; the courts’ discarding, misplacement, or disappearance of only the Petitioner’s court filings, pleadings, and motions in both state and appellant courts whether hand delivered or mailed; ; the court’s refusal to acknowledged Petitioner’s jury trial request; the courts’ 2 refusal to hold hearings on the Petitioner's motions; and the courts’ allowance of testimony without personal knowledge in violation of prior decisions of the Texas Supreme Court and the Texas Rules of Evidence. The questions presented are: 1. Can the State of Texas through its judiciary ignore the state’s own legislative intent, the Texas Bill of Rights, the Federal Constitution and the due process and equal protection rights of litigants because they cannot afford nor have any means to acquire legal representation. 2. Can the State of Texas lose documents and pleadings, refuse to hold hearings on properly and timely filed motions, ignore the submissions of government documents and to continually fine, sanction, and award attorney fees against litigants because they are not able to hire, retain, and financial support their own selected counsel.

Docket Entries

2024-04-15
Rehearing DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2024-03-15
Petition for Rehearing filed.
2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2023-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2023)
2023-10-30
Application (23A385) granted by Justice Alito extending the time to file until November 27, 2023.
2023-10-16
Application (23A385) to extend the time to file a petition for a writ of certiorari from October 26, 2023 to November 25, 2023, submitted to Justice Alito.

Attorneys

Wayne M. English
Wayne English — Petitioner