# Criminal Post Conviction Releif from a Void Judgment **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 26, 2015, 2:16am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899 "2015-01-26T02:16:38Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![lawteda](https://avatars.discourse-cdn.com/v4/letter/l/f0a364/32.png) [@lawteda](https://boards.straightdope.com/u/lawteda)\ **Post date:** [January 26, 2015, 2:16am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/1 "2015-01-26T02:16:38Z")
I need help. The trial court in a small town/county in TEXAS, convicted someone in a jury trial, and the defendant received 99 years! The trial court and it’s officials knew that they would not get a conviction unless they manipulated the judicial system. There were 3 judges involved, all three were involved in the pre trial decisions, and one of them served as the trial judge. They all committed fraud on the court, along with the State Prosecutors, there were three of them also. The Paid Defense attorney committed fraud on the court and the Court Appointed Defense Attorney of the co defendant also committed fraud on the court. District Clerk also part of the fraud. Also the trial court lost jurisdiction over the person and the case and proceeded to try the defendant with the co defendant although a Motion for Severance was filed. There was never an order or hearing on the Motion for Severance, and the defendant was not notified nor was he present at any pre trial hearings. The co defendant was present at all pre trial hearings and was notified of each. The defendant was brought to trial and tried with the co defendant although he was not present at any Announcement "Ready or NOT Ready for trial. We have filed appeal (lost) State Habeas (lost) Federal Habeas (lost). We are now filed in the trial court under Motion to Vacate Void Judgment. It has been 2 months and no answer has been come from the trial Judge and we were told that the Chief Judge told the Clerk of the Court to “put it in the file”. What can I do next, we are filing Pro Se. Out of money after appeal, and habeas . ---
**Author:** ![Enola\_Straight](https://avatars.discourse-cdn.com/v4/letter/e/dec6dc/32.png) [@Enola\_Straight](https://boards.straightdope.com/u/Enola_Straight)\ **Post date:** [January 26, 2015, 2:36am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/2 "2015-01-26T02:36:50Z")
I have no solution from a legal standpoint… …but maybe you can contact the media? I’m sure a local reporter would jump at the chance to expose corruption. ---
**Author:** ![lawteda](https://avatars.discourse-cdn.com/v4/letter/l/f0a364/32.png) [@lawteda](https://boards.straightdope.com/u/lawteda)\ **Post date:** [January 26, 2015, 2:51am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/3 "2015-01-26T02:51:52Z")
Thanks Enola for your kind response. I have considered the media, but the local media is in the pocket of the officials. I am actually looking for a “hot shot” reporter that would be willing to expose them. Contacted local state rep. no response yet, but I am hoping for one. She is sensitive to the kinds of things supposedly, and I was told that she would probably make a phone call and at least get them to respond. Thanks again for your response. ---
**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\ **Post date:** [January 26, 2015, 3:14am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/4 "2015-01-26T03:14:38Z")
Maybe the ACLU could help if the defendant didn’t get a fair trial? Is the defendant by any chance a racial minority? There are organizations that take a special interest in such cases. Do you have proof of the claims you’re making? DO NOT post any of it here; I’m just asking yes or no if you have proof. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 26, 2015, 3:30am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/5 "2015-01-26T03:30:25Z")
Legal advice is best suited to IMHO. Colibri General Questions Moderator ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [January 26, 2015, 8:00pm UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/6 "2015-01-26T20:00:54Z")
Hmmm. 3 judges 3 prosecutors 2 defense attorneys 1 district clerk 12 jurors various members of local media …all in cahoots to convict you or your friend. Must have been a murder case or sexual assault of a minor child to get 99 years. Lucky they didn’t get the death penalty in Texas. OP give us some details on your case. ---
**Author:** ![JerrySTL](https://avatars.discourse-cdn.com/v4/letter/j/e274bd/32.png) [@JerrySTL](https://boards.straightdope.com/u/JerrySTL)\ **Post date:** [January 26, 2015, 8:48pm UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/7 "2015-01-26T20:48:21Z")
I agree with Omar Little. The OP needs to give us a lot more information. There should be public available court records and information from the news media. Personally I find it difficult for that much ‘fraud’ to be committed. Such stuff has happened and I’m reading a book about the Dreyfus Affair in France when such a thing did happen. However such cases are rare in most civilized countries. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [January 26, 2015, 9:22pm UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/8 "2015-01-26T21:22:34Z")
So 3 judges, 3 state prosecutors, 2 defense attorneys and one district clerk all “committed fraud on the court”, yet in appeals on the state and federal level, no one else noticed. Hm. Also, I don’t understand this - > [@](#): > > Also the trial court lost jurisdiction over the person and the case and proceeded to try the defendant with the co defendant although a Motion for Severance was filed. How could they try him if they had lost jurisdiction? Is that the fraud? Regards, Shodan ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [January 26, 2015, 9:46pm UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/9 "2015-01-26T21:46:09Z")
> [@Shodan](#): > > Also, I don’t understand this -How could they try him if they had lost jurisdiction? Is that the fraud? Seems to me the OP is saying that they lost jurisdiction, but pretended they didn’t. Like a lot of pro se litigants, they’re of the opinion that if the judge ruled against them the judge must somehow have committed misconduct. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [January 26, 2015, 9:51pm UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/10 "2015-01-26T21:51:58Z")
And the appellate court didn’t notice that they had lost jurisdiction. I repeat - hmm. Regards, Shodan ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [January 26, 2015, 10:04pm UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/11 "2015-01-26T22:04:59Z")
> [@Lemur866](#): > > Seems to me the OP is saying that they lost jurisdiction, but pretended they didn’t. > > Like a lot of pro se litigants, they’re of the opinion that if the judge ruled against them the judge must somehow have committed misconduct. Maybe the flag had a gold fringe. ---
**Author:** ![Boogly](https://avatars.discourse-cdn.com/v4/letter/b/f4b2a3/32.png) [@Boogly](https://boards.straightdope.com/u/Boogly)\ **Post date:** [January 26, 2015, 10:48pm UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/12 "2015-01-26T22:48:42Z")
For some reason I think the lack of details might be a factor. ---
**Author:** ![seal\_cleaner](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@seal\_cleaner](https://boards.straightdope.com/u/seal_cleaner)\ **Post date:** [January 27, 2015, 12:53am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/13 "2015-01-27T00:53:24Z")
[Try Findlaw Forums](http://boards.answers.findlaw.com), but prepared to be browbeaten mercilessly. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [January 27, 2015, 1:42am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/14 "2015-01-27T01:42:48Z")
> [@lawteda](#): > > We have filed appeal (lost) State Habeas (lost) Federal Habeas (lost). This means that you have lost and there is nothing more that can be done short of new evidence or a pardon. ---
**Author:** ![lawteda](https://avatars.discourse-cdn.com/v4/letter/l/f0a364/32.png) [@lawteda](https://boards.straightdope.com/u/lawteda)\ **Post date:** [January 27, 2015, 2:23am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/15 "2015-01-27T02:23:50Z")
Thanks for your response DavidM. No the defendant is not a minority. Yes we have absolute proof of the Fraud Upon the court by everyone that I mentioned. I do have the Innocence Project now interested in the case, and the local Texas Rep. for that county is looking into the matter as well. While I appreciate all of that, the young man is languishing in prison for a crime he did not commit, and I am trying to help him. After posting the original post, I discovered that we could file a Writ of Mandamus which forces the trial judge to rule on the motion that we filed to Vacate the Judgment. He must vacate it by law, and I believe that because of the fraud committed by basically everyone in the court system, they are prolonging the answer. Your response is very much appreciated. ---
**Author:** ![lawteda](https://avatars.discourse-cdn.com/v4/letter/l/f0a364/32.png) [@lawteda](https://boards.straightdope.com/u/lawteda)\ **Post date:** [January 27, 2015, 2:28am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/16 "2015-01-27T02:28:05Z")
Thank you for your response, however you are wrong. I accept responsibility for perhaps not making the circumstances clear, that would lead you to that conclusion. ---
**Author:** ![lawteda](https://avatars.discourse-cdn.com/v4/letter/l/f0a364/32.png) [@lawteda](https://boards.straightdope.com/u/lawteda)\ **Post date:** [January 27, 2015, 2:33am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/17 "2015-01-27T02:33:51Z")
Thank you, I found no guidance as to where to make the post, and that is why I chose general. It took me a moment to figure out IMHO. If I choose to ever post another legal question, I will follow your instruction. Being a new member I should have been more observant. I am sorry for posting incorrectly. ---
**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\ **Post date:** [January 27, 2015, 3:11am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/18 "2015-01-27T03:11:19Z")
> [@lawteda](#): > > Thanks for your response DavidM. > > No the defendant is not a minority. > > Yes we have absolute proof of the Fraud Upon the court by everyone that I mentioned. > > I do have the Innocence Project now interested in the case, and the local Texas Rep. for that county is looking into the matter as well. While I appreciate all of that, the young man is languishing in prison for a crime he did not commit, and I am trying to help him. After posting the original post, I discovered that we could file a Writ of Mandamus which forces the trial judge to rule on the motion that we filed to Vacate the Judgment. He must vacate it by law, and I believe that because of the fraud committed by basically everyone in the court system, they are prolonging the answer. Your response is very much appreciated. Just how interested is the Innocence Project? Are they genuinely interested or have the simply responded to your inquiries? From what I’ve read about them they specialize in cases where DNA evidence can be used, although they have helped in instances where DNA isn’t applicable. I would think that they’d be interested in any proof you have and I assume that you’ve shown it to them. Other SD members may be along to offer some advice. There are a few legal professionals who are regular posters here. Keep us informed but obviously don’t post a lot of details. I’m not in any way qualified to give legal advice, but I think posting too many details online might be a bad idea. ---
**Author:** ![April\_R](https://avatars.discourse-cdn.com/v4/letter/a/3da27b/32.png) [@April\_R](https://boards.straightdope.com/u/April_R)\ **Post date:** [January 27, 2015, 3:18am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/19 "2015-01-27T03:18:42Z")
I’m just curious as to what crime will get you 99 years? How is said convicted person related to you? Why is it worth it to you to pursue an overturn of his conviction? Why do you have such a personal stake in this case? ---
**Author:** ![April\_R](https://avatars.discourse-cdn.com/v4/letter/a/3da27b/32.png) [@April\_R](https://boards.straightdope.com/u/April_R)\ **Post date:** [January 27, 2015, 3:21am UTC](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899/20 "2015-01-27T03:21:38Z")
Was it pot brownies? > **[Teenager faces 99 years in prison for pot brownies](https://pix11.com/news/teenager-faces-99-years-in-prison-for-pot-brownies/)** > > AUSTIN, Texas (PIX11) — A Texas teenager is facing up to 99 years behind bars for baking and selling marijuana brownies. Jacob Lavoro, 19, is charged with a first degree felony for possessing 1.5 p… [Next page](https://boards.straightdope.com/t/criminal-post-conviction-releif-from-a-void-judgment/710899.md?page=2)