Schonwalder, Karl
WR-83,689-01
| Tex. App. | Aug 5, 2015Background
- Relator Karl Alan Schonwalder (pro se) was arrested in Grayson County, Texas after a February 8, 2015 traffic encounter alleging a defective/dirty license-plate light.
- Schonwalder asserts he is a nonresident with no commercial nexus to Texas and challenges the State's authority to regulate him or his vehicle.
- He contends the stop and subsequent detention were unlawful: no probable cause, no lawful arrest, officer failed to identify, and he lawfully left the scene for safety (self-defense).
- He alleges aggravated kidnapping at gunpoint, property damage, denial of counsel access while jailed, and procedural defects (no magistrate appearance, no information, administrative remedies not exhausted).
- Relief sought: immediate release, return of vehicle, injunctions and declaratory relief, sanctions against officers, and correction/purge of agency records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction / due process | Schonwalder says he is a nonresident with no substantial contacts; Texas courts lack jurisdiction and must dismiss/release him | State would assert in-forum contacts and authority to enforce traffic laws; forum has jurisdiction over offenses occurring in Texas | No court decision in the submitted pleading; relief sought but not decided in this record |
| Lawfulness of stop / probable cause | Stop lacked probable cause (only license-plate light/dirty plate) and therefore arrest and ID demands were unlawful | State/officers would argue the traffic defect furnished reasonable suspicion or probable cause to stop and investigate | No ruling in the document; petitioner demands strict proof and immediate release |
| Failure to identify / evading arrest / self-defense | Schonwalder contends no duty to provide ID because he was not lawfully arrested; leaving scene was justified self-defense, not evasion | State would argue officer lawfully detained/identified himself and that failure to comply and leaving constituted evading arrest | No ruling in the record; petitioner asserts justification and requests dismissal of charges |
| Access to counsel / habeas relief availability | Claims denial of access to counsel, administrative remedies ineffective, and seeks original habeas corpus and declaratory relief | State would likely assert normal criminal process applies and procedural avenues are available; appointment/access issues are administratively resolvable | No adjudication recorded here; petitioner requests habeas relief and immediate release |
Key Cases Cited
- International Shoe Co. v. Washington, 326 U.S. 310 (establishes minimum contacts/due process test for in personam jurisdiction)
- Shaffer v. Heitner, 433 U.S. 186 (applies International Shoe standards to all assertions of jurisdiction)
- Harris v. Nelson, 394 U.S. 286 (standards for habeas procedure and availability of evidentiary proceedings)
- Wingo v. Wedding, 418 U.S. 461 (addresses who must conduct habeas evidentiary hearings)
- U.S. v. Will, 449 U.S. 200 (limits on judicial action outside jurisdictional authority)
- Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 (historical principle on jurisdiction and review)
- Raines v. United States, 423 F.2d 526 (support for expanding record to avoid unnecessary evidentiary hearings)
- Am. Type Culture Collection, Inc. v. Coleman, 83 S.W.3d 801 (Texas case on pleading sufficiency and related procedural principles)