No. 23A234

Jerry Laza v. City of Palestine, Texas

Lower Court: Texas
Docketed: 2023-09-12
Status: Presumed Complete
Type: A
Tags: civil-to-criminal-conversion double-jeopardy due-process-protections quasi-criminal-proceedings reasonable-doubt structural-error
Latest Conference: N/A
Question Presented (AI Summary)

Whether a state court may convert a civil proceeding into a quasi-criminal or penal proceeding on appeal without affording the defendant fundamental constitutional protections including protection against double jeopardy and the right to proof beyond a reasonable doubt, and whether such structural error constitutes a basis for federal habeas review

Question Presented (OCR Extract)

No question identified. : PETITIONER’S APPLICATION FOR EXTENSION OF TIME TO FILE A PETITION FOR WRIT OF CERTIORARI. To the Honorable Samuel Alito, Associate Justice of the United States Supreme Court and Circuit Justice for the Fifth Circuit Petitioner, Jerry Laza, respectfully applies to this Court for an extension of time to file his writ of certiorari to review the judgment of the Texas Supreme Court. This application for an extension of time is made pursuant to Rules 13.5, 22, 30.2, and 30.3 of the Rules of this Court and 28 USC 2101(c). Petitioner requests a 60-day extension of time to file his Petition for Review, up to and including November 13, 2023. This Application is made more than 10 days before September 14, 2023, the deadline to file a petition for certiorari. Following the refusal to docket the quasi-criminal case in the Texas Court of Criminal Appeals, Petitioner filed a petition for review with the Texas Supreme Court. See Jerry Laza v. City of Palestine, Texas, No. 22-1098. The Texas Supreme Court denied Laza’s petition on March 31, 2023. Following a timely motion for rehearing, the Texas Supreme Court denied that request on June 16, 2023. The deadline to petition this Court for relief is September 14, 2023. 28 USC §2101(c); Sup. Ct. R. 13.5. This case arises out of repeated failed criminal prosecutions by the City of Palestine, Texas against Petitioner. Ultimately, Palestine began a civil penalties case against Petitioner seeking substantial fines, penalties, and condemnation of Petitioner’s properties in a Texas district Court. See Jerry Laza v. City of Palestine, No. 06-18-00051-CV (Tex. App. —Texarkana Aug. 18, 2022) (mem. Op.). (Page 5-6). Following the loss of the Clerks Record and Reporters Record due to a ransomware attack on the Texas Judiciary, the intermediate Texas Appellate Court ordered the Trial Court to recreate the record. See Jerry Laza v. City of Palestine, No. 06-1800051-CV (Tex. App. —Texarkana Aug. 18, 2022) (mem. Op.). (Page 31-32). This effort resulted in numerous irregularities, inconsistencies, and the creation of a record that was not before the original trial court. Once the Trial Court created a record that suited the Appellate Court, the Intermediate Appellate Court changed the nature of the case from a civil case, into a criminal or quasi-criminal proceedings. See Jerry Laza v. City of Palestine, No. 0618-00051-CV (Tex. App. —Texarkana Aug. 18, 2022) (mem. Op.). (Page 2021). However, the Intermediate Appellate Court failed to address any constitutional issues incumbent in that newly created criminal prosecution. (Double Jeopardy, structural error, reasonable doubt, or any other basic constitutional protections.). Ultimately the Intermediate Appellate Court affirmed the judgment of the trial court, though determined the underlying proceeding was at least penal in nature, rather than civil as the case was tried. Id at 21. After attempting a rehearing on the Intermediate Appellate Court’s quasicriminal rulings, Petitioner requested discretionary review with the Texas Court of Criminal Appeals. The co-equal high court in Texas refused to docket or accept any pleadings despite the Intermediate Court’s reliance on the criminal nature of the case. Following that denial, Petitioner then sought a petition for review with the Texas Supreme Court. The Petition and rehearing were denied by the Texas Supreme Court on March 31 and June 16, 2023, respectively. Reasons for Granting an Extension of Time Petitioner intends to address two issues in his petition for review, related to structural error in the civil trial followed by the conversion of the matter into a penal appeal and attendant matters, additionally Petitioner will address inherent issues in the intermediate appellate court fabricating accusations against appellate counsel and getting upset over direct quotations from the laws and cases of the high courts in Texas. However, the reason for the extension is Petitioner’s undersigned

Docket Entries

2023-09-14
Application (23A234) granted by Justice Alito extending the time to file until October 16, 2023.
2023-09-07
Application (23A234) to extend the time to file a petition for a writ of certiorari from September 14, 2023 to November 13, 2023, submitted to Justice Alito.

Attorneys

City pf Palestine, Texas
Keith DollahiteM. Keith Dollahite, P.C., Respondent
Keith DollahiteM. Keith Dollahite, P.C., Respondent
Jerry Laza
Nicholas Dupont MosserMosser Law, PLLC, Petitioner
Nicholas Dupont MosserMosser Law, PLLC, Petitioner