Baig, Irshad Ismail, WR-83,885-02

Baig, Irshad Ismail

WR-83,885-02

| Tex. App. | Sep 14, 2015

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Case Information

*1 ' ' . ' -.,

No. ___ __ _ IN THE STATE OF TEXAS COURT OF CRIMINAL APPEALS ON ORIGINAL ACTION JURISDICTION APPLICANT'S PRO SE MOTION SEEKING COURT LEAVE TO FILE ORIGINAL ACTION APPLICATION FOR WRIT OF HABEAS CORPUS This document contains som€ pages that are of poor quality To the HONORABLE CLERK of said COURT: at the time of imaging.

Comes now IRSHAD ISMAIL BAIG, pro se Applicant in cause sub judice and submits his pro-se MOTION SEEKING COURT LEAVE TO FILE ORIGINAL ACTION RECEIVED IN APPLICATION FOR WRIT OF HABEAS CORPUS. COURT OF CRI~RINAL APPEALS I. SEP 14 JURISDICTIONAL STATEMENT Abet Acosta, Clerk (1) Applicant IRSHAD ISMAIL BAIG is being restrained ofhis constitutional protected

liberty and property interest by virtue of Fort Bend County Cause Number 15-CCR- 180026 under color of STATE OF TEXAS statutory law contrary to and inconsistent with the official Constitution(s) of Texas and United States of America. Texas Code of Criminal Procedure (2012) Articles 11.01, 11.04, 11.05, 11.09.

II. STATEMENT OF CASE (2) Applicant was initially charged by Information under Article 22.01 (a) (1) Texas

Code of Criminal Procedure (See Attachment A- Fort Bend County Register of Actions) on or about Aprill3, 2015.

Page 1 of 3

.. ··., -·

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(3) On or about May 13, 2015 Applicant filed his pro-se Application For Writ of Habeas

Corpus, Article 11.09 Tex. Code Crim. Proc. (2012). See Attachment A. (4) In the United States Supreme Court Case ofLaChance V. Erickson 522 U.S. 262,

266; 118 S. ct. 753 (1998) and progeny it was plainly established "IF A LIBERTY INTEREST IS CREATED BY STATUTE, DUE PROCESS REQUIRES NOTICE AND MEANINGFUL OPPORTUNITY TO BE HEARD." Furthermore, in TARTER V. HURY 646 F. 2d 1010 (5 ^[1] h Cir. 1981) and progeny this Circuit plainly established "Pro se litigant entitled to have pro-se motions considered by court although he had appointed counsel".

(5) Applicant IRSHAD ISMAIL BAIG, while proceeding pro-se during prosecution of

·Cause Number 15-CCR-180026, made numerous documented attempts to have the Fort Bend County Court #3 entertain his pro-se Art. 11.09 Habeas Corpus Application, however, said trial court has to date ignored every single pleading Applicant had properly filed. During over 100 days of documented prosecution of said Cause (supra) the trial court has set and reset said Cause for jury trial. Clearly, taking the case to jury trial would blatantly moot and thus deny Applicant's State of Texas and United States Constitutional Right/Entitlement to have his Art. 11.09 Application entertained, addressed by the trial court.

(6) On or about September 10,2015 Applicant filed his pro-se motion to "WITHDRAW

SUBJECT MATTER JURISDICTION IN ORDER TO PROCEED ORIGINAL ACTION JURISDICTION OF TEXAS COURT OF CRIMINAL APPEALS." See Attachment B [3 Motions].

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PREMISES CONSIDERED:

(7) Applicant prays the Court to GRANT LEAVE TO FILE ORIGINAL ACTION

ARTICLE 11.09 Application For Writ OF HABEAS CORPUS attached hereto and thereafter GRANT/ISSUE THE WRIT sua sponte; in all things. So Moved and Prayed. ;'"_vy(.,.. ' ' \ \ i

IRSHAD ISMAIL BAIG 11706 Nobility Drive, Stafford, TX 77477 Sworn to and Subscribed before me hI J.J .M · /J1 Etfl'ZA

this/J..~y ofSeptember 2015

N!:::~

Fort Bend County, Texas AMIN M MEERZA · J

My Commission Expires ~ June1.2016 Page 3 of 3 *4 ( \ tyler paw .co.fort-bend.tx.us/CaseDetail.aspx?CaseiD= 1464206

. 9/11.'2015" ~

REGISTER OF ACTIONS CASE No. 15-CCR-180026 State of Texas vs lrshad Ismail Baig § Case Type: Adult Misdemeanor- Filed by § Information § Date Filed: 04/13/2015 § Location: County Court at Law 3 § RELATED CASE INFORMATION Related Cases 14-CCR-177950 (Other)

pARTY INFOR:\IATION Attorneys Defendant Baig,lrshad Ismail Male Asian Stafford, TX 77477 5' 8", 190 lbs State State of Texas Richmond, TX 77469 Baig, Kausar Jehan Female Asian

Witness Meadows Place, TX 77477 Davis, Kelly

Witness Meadows Place, TX 77477 Muratee, Shobana Female Asian

Witness SUGAR LAND, TX 77478 CHARGE INFORMATION Statute Level Date Charges: Baig,lrshad Ismail 1. ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE 22.01 (a)(1) Class A Misdemeanor 11/09/2014 Evr.:ws & ORDERS OF THE CouRT OTHER EVENTS AND HEARINGS Complaint 04/13/2015 04/13/2015 Information Docket Sheet 04/13/2015 04/13/2015 Case Filed (open event)- Criminal 04/13/2015 AJ;!plication/Reguest for Summons by State Warrant Information Sheet 04/13/2015 Summons - Mail 04/20/2015 lrshad Ismail Baig 04/20/2015 Summons Baig, lrshad Ismail Unserved Motion !No Feel 05/01/2015 Defendant Pro Se Motion for Self Repr esentation at Jury Trial and All Related Court Process in Above Styled, Numbered Cause of Action 05/01/2015 Affidavit of Nolle Prosequi Writ of Habeas CorJ;!US Pre-Judgment 05/13/2015 Motion (No Feel 05/13/2015 to quash charging complaint; dismiss pr osecution 05/22/2015 Reset Notice 06/26/2015 Certificate of Service 06/26/2015 Motion !No Feel Defendant Po Se Motion Requesting C ourt to Order its Clerk/Reporter to Make Complete Transcription Motion !No Feel 06/26/2015 for Court to set date on docket for Moti ons hearing 06/30/2015 Reset Reset 06/30/2015 06/30/2015 Motion !No Feel Pro Se Motion to Hold All Proceedings i n Abeyance 06/30/2015 Jury 07/14/2015 CoJ;!y Reguest 07/14/2015 Motion for Discoverv and order

http://tylerpaw .co.fort-bend.tx.us/CaseDetail.aspx?CaseiD= 1464206 1/2 *5 . ___..: 9/11/2015 tylerpaw.co.fort-bend.tx.us/CaseDetail.aspx?CaseiD=1464206 \,..:"' 07/14/2015 Motion (No Fee} requesting finding offact w ith conclusions of law/ and order Motion (No Fee} 07/14/2015 objection to trial court cons olidation of more than one charging instrument offense for prosecution in a single triaV and order 07/20/2015 Motion (No Fee) Def Pro-Se Motion Electin g Trial Jury to Assess Punishment . 07/20/2015 Motion (No Fee} 07/21/2015 Reset 07/21/2015 Motion (No Fee} To Dismiss Cause Sub Ju dice For Want of Prosecution (Pro Se) 07/28/2015 A!;!!;!lication for Sub1;1oena 08/18/2015 Subeoena- Constable 2 Kausar Jehan Baig 08/18/2015 Subeoena- Constable 2 Kausar Jehan Baig (Duce s Tecum) 08/18/2015 Subeoena - Constable 2 Kelly Davis Subeoena- Constable 4 08/18/2015 Shobana Muratee Subpoena 08/24/2015 Baig, Kausar Jehan Unserved 08/24/2015 Subpoena Baig, Kausar Jehan Unserved 08/24/2015 Subpoena Unserved Davis, Kelly 08/24/2015 Subpoena Returned Unserved 09/03/2015 Muratee, Shobana Returned 09/03/2015 09/04/2015 Motion (No Fee} o Expedite Disposition of Subject Matter In Article 11.09 Application For Haveas Corpus Relief Applicant Pro Se Motion T 09/15/2015 Jury Trial (11 :00 AM)(Judi cial Officer Lowery, Susan G.) ProSe 0512212015 Reset by Co urt to 0613012015

06/3012015 Reset by Co urt to 07121/2015

0712112015 Reset by Co urt to 0911512015 http://tylerpaw .co.fort-bend.tx.us/CaseDetail.aspx?CaseiD= 1464206 2/2

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No. 15-CCR -180026 County Court at Law No. 3 Fort Bend County, Texas )

STATE OF TEXAS ) IN THE COUNTY COURT AT LAW

) NO.3 v. )

) FOR IRSHAD ISMAIL BAIG, )

) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS ) _______________________________ )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS (T.C.C.P. ARTICLE 11.09; 11.05; 11.04; 11.01) Applicant: IRSHAD ISMAIL BAIG

Date of Birth: April 07, 1964

STATEMENT OF CASE 1) On or about November 18, 2014, Kausar Baig, wife of Applicant herein, made a criminal Complaint with Meadows Police Department of Fort Bend County, Texas implying family violence may have occurred.

2) A judicial Protection Order was applied for by C.P.S. (Child Protection Service) and was summarily granted, temporarily prohibiting Applicant from associating with or contacting his immediate family in Cause number 14-DCV- 219, 272 on or about December 01, 2014. Earlier, on or about November 9th thru 14th, 2014, after C.P.S. officers had interviewed my wife, she was threatened in the

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15-CCR-180026 WRHCF Writ ol Habeas Corpus Pre-Judgment . ii\l\11\ll\\l\11\ Ill

No. 15-CCR -180026 14 BCR 968919 County Court at Law No.3 Fort Bend County, Texas )

STATE OF TEXAS ) IN THE COUNTY COURT AT LAW

) NO.3 v. )

) FOR IRSHAD ISMAIL BAIG, )

) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS (T.C.C.P. ARTICLE 11.09; 11.04) Applicant: IRSHAD ISMAIL BAIG

Date of Birth: April. 1964

2) A judicial Protection Order was applied for by C.P.S. (Child Protection Service) and was summarily granted, temporarily prohibiting Applicant from associating with or contacting his immediate family in Cause number 14-DCV- 219,272 on or about December 01,2014. Earlier, on or about November gth thru 14th, 2014, after C.P.S. officers had interviewed my wife, she was threatened in the

Page 1 of6 *8 following manner "If you do not sign an Affidavit against your husband, today we will take official custody against your three children and put them in a State Home."

3) After the Protective Order was granted, the state of Texas as well as the County of Fort Bend, Texas elected to file and prosecute subsequent felony and misdemeanor charges against Applicant under Cause Numbers 14-DCR-68010 (felony) and under 14-CCR-177950, December 2014, January 2015.

4) On or about January 26,2015, the state ofTexas moved to Dismiss the protective Order and Court granted same. See: Attachment 1.

5) On or about April 13, 2015, the state of Texas moved to Dismiss felony prosecution in Cause Number 14-DCR-68010 to re~file same as Misdemeanor in Cause Number 15-CCR-180026, subjudice.

6) Applicant is now before the Court seeking habeas corpus relief from what he perceives to be unwarranted judicial harassment and blatant abuse of tax payer funds.

LEGAL CLAIM 7) Applicant is presently restrained of his liberty and property interests in Fort Bend County, Texas under color of State of Texas law in manner contrary to and inconsistent with the Constitution and law of the United States of America and specifically the FOURTH, FIFTH, SIXTH, and FOURTEENTH Amendments

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thereto.

8) Applicant herein urges the writ of Habeas Corpus to issue forth against Fort Bend County Misdemeanor Complaint/Information number 15-CCR-180026 and Dismiss with Prejudice all charges incident thereto.

CAUSE 9) Applicant is a resident of Fort Bend County living at 11706 Nobility Drive, Stafford, Texas, 77477 thus in personam jurisdiction is satisfied. Jurisdictional authority is under T.C.C.P. Article 11.09 (2010); Article 11.04 (2013).

1 0) By virtue of criminal Complaint/Information in Cause number 15-CCR- 180026 in Fort Bend County, Texas there has arisen applicable Bail Bond restraints as well as numerous and continuing open court appearances which mandate lost working days (Applicant recently laid off after 17 years because of taking too much time off for courts). All of paragraph 10 restraints conclusively establish injury to both Applicant's liberty interests and vested property rights which are severely injured. U.S. Supreme Court declares money as property and 19¢ injury states valid Claim.

11) Applicant complained of liberty restraint has been in effect since on or about December 15, 2014 some 130 days of restraint with continuing effect has elapsed, regardless of fact Applicant admonished the diverse judges, D.A., trial courts that Applicant desired a fast and speedy trial on merits. Applicant has not yet been to

Page 3 of6 *10 trial and the State Prosecutors have NO valid evidence to set before a jury beyond that of mere speculation which cannot sustain a conviction. BARKER V. WINGO _ S. Ct._ (1972); WEBBER V. STATE, 29 S.W. 3d 226 (P.D.R. ref.) Tex. App.

Hou. (14th) 2000; T.C.C.P. Art. 38.03 and progeny.

12) Finally, Applicant's constitutional rights are essentially a federal question and the instant Pleading is filed to exhaust state remedy at this point.

13) Applicant is supporting his legal claims herein with copy( s) of authentic evidence via sworn, notarized Affidavit( s) and relevant Fort Bend County documents.

14) Applicant has submitted herewith at Attachment A, B: State MOTION TO DISMISS PROSECUTION in Fort Bend County, 434th Judicial District, Cause Number 14-DCR-68010 and State INFORMATION in Cause Number 15-CCR- 180026.

15) Applicant has submitted herewith as EXHIBITS 2, 3, 4 the sworn, notarized Affidavits of KAUSAR IRSHAD BAIG, at #2; ZAID IRSHAD BAIG , at #3; IRSHAD ISMAIL BAIG, at #4

16) At paragraphs 3, 4, 5 ofKAUSAR's Affidavit there exists material facts of fear that has coercion implications; irrebuttable declarations which is clearly negative of State criminal statutes required mens rea criteria.

17) At paragraphs 3, 4, 5 of ZAID's Affidavit there exists material facts,

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negative of State criminal statutes required mens rea criteria.

18) At paragraphs 4, 5, 6 ofiRSHAD's Affidavit there exists material fact declaring negative impact upon State criminal statutes and specifically those relating to a person's actions or omissions under severe duress as established by sworn Affidavit ofKAUSAR IRSHAD BAIG, Exhibit 2 herewith.

19) A cursory review of all State evidence in this case even including its companion cases should reveal the State's entire prosecution of Applicant here has evolved from a woman under duress seeking only some kind of temporary protective order at suggestion of a neighbor/friend when neither ever realized the State (local) prosecutors could or would take more extreme action against her entire family. Regardless, however, the status quo of the present State position is frivolous at best. Please take note also of the Sworn Affidavits of Nolle Prosequi on file with Fort Bend County Court and Prosecutors attached herewith, at Attachments Aland A2.

PREMISES CONSIDERED:

20) Applicant respectfully moves the honorable Court to DISMISS with/without Prejudice the State Information in Misdemeanor Cause number 15-CCR-180026.

So Moved and Prayed . , (\ )v7" IRSHAD ISMAIL BAIG Page 5 of6

ORDER On the _ day of , 20 15 came on to be heard the Application for WRIT OF HABEAS CORPUS under Texas Code Criminal Procedure, Article 11.09 (2014) and having given due consideration to same, including the evidence submitted therewith, the Court is of the opinion the WRIT be

GRANTED/DENIED and on this same day the State Information is DISMISSED/ ALLOWED to proceed. Date: , 2015 - - - - - - -

Presiding Judge

Page 6 of6 *13 No. 15-CCR-180026 County Court at Law No.3 Fort Bend County, Texas )

STATE OF TEXAS ) IN THE COUNTY COURT AT LAW ) NO.3 v. )

) FOR ) IRSHAD ISMAIL BAIG,

) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS )

) CERTIFICATE OF AUTHENTICITY I, IRSHAD ISMAIL BAIG, Habeas Corpus Applicant in above styled, numbered Cause of Action, hereby, herein swear upon oath under penalty of perjury according to law that all EXIDBITS and ATTACHMENTS evidentiary in scope, nature included with instant Certificate are true and correct photo copies of the Original documents on file with Fort Bend County and District Clerk Offices in Fort Bend County, Texas.

IRSHAD ISMAIL BAIG Notary Public, in and for

Fort Bend County, Texas

NO. 14-DCV-219,272 IN THE MATTER OF IN THE 328th DISTRICT COURT § KAUSAR BA·IG OF

APPLICANT §

AND

IRSHAD BAIG § FORT BEND COUNTY, TEXAS RESPONDENT

. AND ON BEHALF OF

ZAID BAIG, AMAN BAIG, KABIR BAIG

MOTION TO DISMISS COMES NOW, Tonika Davis, Assistant District Attorney of For~ Bend County, Texas, on behalf of Applicant and respectfully requests this Court to Dismiss Without Prejudice, the above entitled and numbered cause, which was instituted pursuant to Chapter 71. of the Texas Family Code.

Respectfully submitted, Chad Bridges Fort Bend County Asst. District Attorney Attorney for Applicant SBN: 00790369 ~D~

Tonika Davis Asst. Dist. Atty. Ft. Bend County FILED Attorney for Applicant

SBN: 24080003

JAN 2 6 2015 ..~~ 301 Jackson $treet AT 10- SS A.M. Richmond, TX 77469 (281) 341-4460 C:-rklfr~~C'! .. TX *15 NO. 14-DCV-219,272 IN THE 328th DISTRICT COURT - I~ THE MATTER OF § KAUSAR BAIG ... ·. AP~LICilNT OF §

ANI) FORT BEND COUNTY, TEXAS . .. . IRSHAD BAIG § '. ·.· ',RESPONDENT . . . . . - AND ON BEHALF OF

.·· .... ZA!D BAIG, .AMAN BAIG, KABIR BAIG

ORDER TO DISMISS - · . ~

on . this -~-day of .. ·~~~~- ,th~ ,tl!¢~ipn pf the Assistant Attorney to <iismiss( the .' . :\~_'·::~~~e :~·~titled ~d numbered cause for the foregoing reasons~' The "' · .. ~ .. ·- •.-- ... _:_ .. ·_: .. · -~

. . . ... :: ;;;'. · . ..:- :·: _._. :·:-..:·_::. :. ,. ' . . . :: :~ouit : J1;ay~t}9: cpnsidered .· the .· pl~adings, and having }leard t:he :_;·:A,' ,'·,.,,i·,"• ~Vi~tmc;~ aJ1d ~nt of cotmael is satisfied that the above stat~ ...

reasons · are good and sufficient to authorize requested ... : · .. ··. ~ . . TliEREFQR£, it iS ()RDERED, AD.JUDGED AND DECREED that the ~~e .. ·-

. . . _,_ f!,l1title.~ ~ _ n~rred cause of action be and is hereby Dismissed ·. ·-::~:.:{:;~;~~op~·;: ~~~;u~C:e~ . ~··

·-~-- . . • , < sl:~ this ·~~day of ·

··.":_ ~:~ .... ---~·.>:~:." .. -~~.··.· .• · .. -\-... ~. _;:: :.·.' •. ·:· .. ,,: . . : - .. :- .. :- ::!'"' -<: . .· ... :_. :: ·:· . - - .. -:_~., ·'· ...

JAN 2 6 '1115 Jft'l. ·· >jO _- 'SS · k M. ·

AT·

. . Cflrl~~;~1X .· .. . :. . ·;·. . . . ;~ .· .

. _·, .. *16 § THE STATE OF TEXAS IN THE DISTRICf COURT OF § § § FORT BEND COUNTY, TEXAS § I lf-.3 4- TR JUDJCW. DISTRICf Defaldant .. MOTION TO DISMISS il . OD this tbc l 3 day of ·flpNIL , 20 • the Sbde ofTcus. by IIJd dlrougb the below·namcdAssistant DistrictAttomey, respectt\IUy nquesta the Court to DISMISS the above styled IDdllUIIIben:d crimiDa1 :;uin~chthedefeadantiscbqedwidltbeoffenseof ~ ~ Itt ~ ,fortbefollowing reasoa(s) to

The evidcDcc is iDsufticicut to prove tbis cue beyoad a RI8IOII8ble doubt; lbe cte&iadaat was coe'ricted iD aaodler cue: Cause Numba(s): ________ _ Tbe complliDiDa witDas n:questl ctiaqUsgJ; Tbe baa cuc Cause Number beeD Jefiled: ~ fk..a ULt ^[1] FV •

The defendant is uuppreheDded; .

The defendant is deceased;

Tbc dd\:udant bu beeD paoted jrmi!Wiily D tbe clefcadant"l testimony; 1bc defeDdaDI made fbll ratitutioa. iaeludiq fees IIJd Court COlli; or Odaer, to wit:

Wherefore, it is prayed that the above cue be ctianjged with leave to rcfile,

RespectfiiOy submiUed, ~

L ·::: Allistaat District Attomey ORDER

Motion to Dismiss is GRANTED on tbis thlli...e -~--- day of

........ __ .. _ *17 THE STATE OF TEXAS vs 22.01 Ricba Kllmar (a) (1) ^[13990031]

IRSBAD ISMAIL BAIG DA CONTROL NO: 14-011029 1964 D.O.B.:

CAUSES BODILY INJURY FAMILY ARREST DATE: NA/SUMMONS CHARGE: VIOLENCE OFFENSE DATE: November 09, 2014 CAUSE NO: ~ COURT AT LAW N0\3 AGENCY/ AGENCY NO: MEADOWS PLACE POLICE DEPARTMENT/ 20145075477 RELATED CASES: ASSAULT CAUSES BODILY INJURY CO-DEF:

FAMILY VIOLENCE

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

Before me, the undersigned Assistant District Attorney of Fort Bend county, Texas, this day appeared the undersigned affiant, who under oath says he. has good reason to believe and does believe that in Fort Bend County, Texas, IRSBAD ISMAIL BAIG, hereafter styled the Defendant heretofore on or about November 09, 2014, did .then and there intentionally, knowingly, or recklessly cause bodily injury to Zaid Baig by pushing him with Defendant's hand.

It is further presented that at the time of the offense alleged above Zaid Baig was a member of the defendant's family or household or in a dating :Jao , relationship with the defendant.

c.n ::0 - (,.) r- ""0 -u m ==

<a en \D. AGAINST THE PEACE .AND DIGNITY OF THE STATE.

SWORN TO .AND SUBSCRIBED BEFORE ME

AFFIANT AGENCY)

MISDEMEANOR COMPLAINT *18 ...

• No. t4-DCR-868oto

) ~ STATE OF TEXAS ) )

v. ) BEFORE THE 434m DISTRICT ) COURT OF FORT BEND COUNTY. \ . TEXAS ' ) IRSHAD ISMAIL BAIG, ~ ) . . .

. Defendant, Pro Se -) '· )

:. ."l . ) .. .. · SWORN AWIDAVIT ,; . .. . ;. ~~

I, KAUSAR IRSHAD BAIG, herebY, herein swear upon oath under penalty of perjury according }· ·' · ·.,·tO law that the following declarations, a~ ~of fact, paragraphs 1 thru 5 are true · · · . · &nd. correct being based upon my own personal knowledge and experience.

·1) 1 was bom August. 1972 and presently reSide at 11706 Nobility Drive in Stafford, Texas __ 77477 and my telephone number is 281-658-2640. On or about November 09, 2014 at above · . ;o<iesidenCe my husband Irshad lsoiail Baig and I had a misunderstimdiilg; disagreement resrilting .. · ~-: in a·serious aigUJ;Deot concerning our financial position. ·

2) ·Although at the suggestion and ~istance of my friend_ I w8s taken to a nearby police station where I signed some form of Complaint ~gainst my husband, I~ too nervous to read the · · · · CcXnplaint so I merely signed at the place I was told to sign by policeman.

3) Days- on or about November 20, 2014, I was questioned by C.P.S.:-~ informed that my children could be taken away from me by the State of Texas if I refused to sign papers for some. "Piotective Order." Hooked at the papers and signed them for fear oflosing my cbildrei:t. 1 ~ rea4 those~ either. ._,-_,

. 4) My children are my life and if they were taken away from me, I could DOt live. I believe Mr.

,Enrico Fernando was one of the officers who talked to me. The State employees who 'talked with me were very nice but when it involved the S~ taking my cbil~ I heard and undeistOod very clearly and there was nobody that could quiet that tremendous fear in my heart.

S) I never suffei:ed any actual offensive, provocative or painful physical ilguries from my · husband lrsbad lsiDai1 Baig at any time during the names, dates, places incident as a basis for ·.. S1ate proseC'Qtion arising out of Fort Bend County, Texas.

_:~ ... ::

Further Affiant sayeth not.

Sworn To and Subscribed

Before me on this J (gtft day

of February, 2015 A.D.

Date: 02-\ \b \ ~0\ ~ · ' No ~ AMIN M MEERZA .~My Commission Expires

-:::::.:= June 1, 2016

, .. · .. :·.·:·.;·.- *20 . '

~.:.·~

"" No.l4-:QCR-068oto . )

STATE OF TEXAS ) )

v. ) BEFORE TilE 434™ DISTRICT ) COURT OF FORT BEND COUNTY. ·, TEXAS • ) IRSHAD ~ BAIG,

~ ) . . .

Defendant, Pro Se ~) . :. ) ; ·"

) . ·.· ·: SWORN AFFIDAVIT .'f_

. · : I,iAID IRSHAD BAIG, hereby, SW'ear upon oath under penalty of perjury according to law that .·.· .... the. following dec1ar8.tions, averments, ~- o( &ct, pamgraphs 1 tbru-6 are true and cOrrect · ,~based upon my own personal kno~e and experience. · . . . : . . '1) I was bom ~ 1999 and ~yreside at 11706 Nobilizy Drive inS~ · ''T~ -n411 and my telephone numbens 281-658-2640. On or about November 09, 2014 at .. · .. : -~ teSidence my JJatmal p8reuts, Irsbad father and Kausar mother were ilrguing about · · . . . . . . · · : .. :.iina:Dcial proble:ms. I was pm;ent with them. at the time and I reached over aod ~my · . · .

· · ··-fiitber's mn in~ to voice my own~inion on the subjects they ·were~ MY father · .. : .. :,~ ii:l.a shocked or surprised manner. · . . .

. ' :2)· My mother Kausar subsequently asked a friend to take her to the Police l>qJartment because

$be \\185 still very angry at my. father. . Several days later I was interviewed by Child Protective Agency wo:dcers.

· · 3). I never did and still do not regard the argumentive language or actions ~fmy father :fi.sbad·or

m.Y mothef Kausar either provocative or offensive· to or toward my personal being; throughOut · ·1he entire DlOIJth ofNovember 2014. . . .

4) I never witnessed any actual bodily ugmy of my mother Kausar or my own pen;on during 1he . : NovCIIlber 09,2014 argument~ my mo~ ~and filther lrsbad oVa: financial iSSues .

. Jlfei1her was I involved in or aware of any o1her: such arguments during the year of2014~ · ·· . · . ..·· 5) On or about. November 20, 2014 both my mother Kausar and m;yself (.Zaid) wen,qUestioiied : · . : ·.,by c.P.S. ()6icer ENRICO FERNANDO ~which time my statements were pUt on tape · :. ·

.. · ~- Ai that time I specifically declared "I am not scaled or afraid of my fidher Irsbad". and ·

"I acted to intervene .. (idem sonan) (para. 1 supra.) with my father Irsbad at, during the time of argurilent the State's erroneous prosecution of my father is preSently based upon.

6) Based upon my own personal experience, in this subject matter under Cause No. 14-DCR- 068010, I can see no rational cause for my father lrshad to be put in jail or the tumultuous pain caused in my family during separation because of a "protective order" subsequently dismiSsed by · Judge Ronald R. . I suffered no personal injury or offense at the hand of my father

Irshad Baig at any time incident to State ofTexas Cause Number 14-DCR-068010.

Fmtb.er Affiant sayeth not.

ZAIDBAIG · Sworn To and Subscribed

· Before me on this /61ft day

· of February, 2015.AD.

Date: ,,.oz..•""

2 *22 No. 14-DCR-068010 .

)

STATE OF TEXAS ) )

v. ) BEFQRE THE 434 TH DISTRICT

) COURT OF FORT BEND COUNTY, IRSHAD ISMAIL BAIG, _) TEXAS ) ~ -)

Defendant, Pro Se ":! ~ ) ' ) SWORN AFFIDAVIT , I, IRSHAD ISMAIL BAIG, hereby, ~in swear upon oath under penalty of perjury according ' to law that the following declarations, averments, statements of fact, paragraphs 1 thru 6 are true and correct being based upon my own personal knowledge and experience.

1) I am the named Defen~ in Cause No. 14-DCR-068010 arising out ofFort Bend County, Texas. ·

2) I am proceeding pro-se in my own defense in said (para. 1 Cause Number,) being fully aware of the possible pitfiills, dangers of such representation, as well as being aware of my State of Texas and United States (federal) rights to defend myself personally.

3) · I have a sound, secure belief based upon reasoned study of applicable law that I have also · . filed numeroUs Other pro-se pleadings material and relevant to the disposition of all substantive

due process of law issUes, questions arising out of the proceedings in Cause sub judice. ·. 4). • I have a sound, secure belief based upon a reasoned study of applicable case law authority,

both state and federa4 that there is either no substantive evidence or only a scintilla of evidence eXisting that can objectively support the State of Texas felony charges I am on trial for in Cause sub judice.

5) I formally declare, aver and propose that any fwther prosecution of Fort Bend County Gause Number 14-DCR-068010 based upon presently non-existing evidence would be an abuse of ·Texas taxpayer funds. However, I do not have authority to remedy.

6) I further declare that at anytime incident to the substantive questions in Fort Bend County Cause Number 14-DCR-068010, I do not recall ever verbally or physically abusing or injuring any member of my family and specifically not my son ZAID nor my wife KAUSAR.

Further Affiant sayeth not.

IRSHAD ISMAIL BAIG Date:

AMIN M MEERZA My Commission Expires June 1. 2016

· ...... .

\ A11AWM~t.J-r ____ A1.j *24 ORIGINAL tfe~~:s/ yl'\' I in the f('f\ "'\~ records. Copies NOcompared. ., No.15-CCR-180026

County Court at Law No. 3 ~URA RIG:f, County ClarK Fort Bend County, Texas )

STATE OF TEXAS ) B~~~'IJGa

) c~~lr3 v. ) FO~~'{ () \ 1 \\\~ ) £('$Off\C~ ) IRSHAD ISMAIL BAIG, "''t1 ~:no\\~ ) FORT B~ COUNfY, TEXAS ) Defendant, Pro Se

)

) AFFIDAVIT OF NOLLE PROSEQUI I, ZAID IRHSAD BAIG, hereby and herein swear upon oath, under the penalty of perjury according to law that the following declarations, averments, statements of fact paragraphs 1 thru 5 are true, correct being based upon my personal knowledge and experience. ·

1) I was born December. 1999 in the United States and am a natural citizen thereof. I

presently reside at 11706 Nobility Drive in Stafford. Texas 77 4 77 and my present telephone number is 281-658-2640.

2) I am the alleged Complainant in the above styled, numbered Cause of action due to erroneous state action(s) of Fort Bend County Officials. At no time whatsoever did I ever ask, request,

seek or desire to file any type of legal action against my natural father Irshad Ismail Baig during the year 2014 and to date.

3) I was present, on the scene witness to all confrontation episodes over financial issues

between my Mother Kausar Baig and Father Irshad Baig during November 2014 and at no time was there any actual, physical or emotional injury suffered by my own person as a result of Irshad Ismail Baig's actions or omission of action..

4) On or about November 20, 2014 both my mother Kausar and myself were questioned by

State C.P.S. officer Enrico Fernando during which time my statements were tape recorded. At those times I specifically declared "I am not scared or afraid of my father Irshad." 5) Based upon my own personal experience in the subject matter under Cause No.180026 I

by pushing him with defendants hand." I hereby specifically declare nobody, including Irshad Ismail Baig, ever ca~ me any bodily injury as fraudulently expressed and charged by State officials in Cause No. 180026 supra.

Sworn to and Subscribed

Before me on this 3~y

of April 2015 ZAIDBAIG oolj_ 5o-;-

Date: - .. ~ ' ····--.~-~-~- AMIN M MEERZA

My Commission Expires June 1. 2016 'v

No. 14-CCR-177950 County Court at Law No. 3 Fort Bend County, Texas )

STATE OF TEXAS ) IN THE COUNTY COURT AT LAW . ) N0.3 v. )

) FOR IRSHAD ISMAIL BAIG, )

) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS )

) AFFIDAVIT OF NOLLE PROSEQUI I, KAUSAR IRSHAD BAIG, do solemnly swear, aver, declare upon oath, under penalty of peljury, according to law that the following two paragraphs are true and correct based upon my own personal knowledge and experience.

1) The only reason I ever signed any type paper work or document related to Fort Bend County, Texas Misdemeanor Cause Number 14-CCR-177950 was because I was placed in serious fear of losing parental custody over my children due to open threat by State of Texas employees interviewing and questioning me about a family incident.

2) I do not intend to prosecute, neither will I participate in any future court or State sponsored activity related to Fort Bend County, Texas Cause Number 14-CCR-177950.

Further Affiant sayeth not.

RECEIVED IRSHADBAIG APR 20 11706 Nobility Drive Stafford, TX 77 4 77 DISTRICT ATTORNEY'S OFFICE , Phone: +1 281 6582640 COPY ORIGINAL filed on J.;f - o. o - J s ·' in the m r $ ct records. Copies NOT compared.

LAURA RICHARD, County Clerk Bv ct?J · ·.. ~ . ·i (.) 1111111111111111111~11111111111111~ ~I

No. 15-CCR-180026 County Court at Law No. 3 Fort Bend County, Texas )

STATE OF TEXAS ) BEFORE THE COUNTY

) COURT AT LAW NO.3 v. )

) FOR ) IRSHAD ISMAIL BAIG,

) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS )

presently reside at 11706 Nobility Drive in Stafford, Texas 77477 and my present telephone number is 281-658-2640.

2) I am the alleged Complainant in the above styled, numbered Cause of action due to erroneous

state action(s) of Fort Bend County Officials. At no time whatsoever did I ever ask, request, seek or desire to file any type of legal action against my natural father Irshad Ismail Baig during the year 2014 and to date.

3) I was present, on the scene witness to all confrontation episodes over financial issues

between my Mother Kausar Baig and Father lrshad Baig during November 2014 and at no time was there any actual, physical or emotional injury suffered by my own person as a result of Irshad Ismail Baig 's actions or omission of action.

4) On or about November 20, 2014 both my mother Kausar and myself were questioned by

State C.P.S. officer Enrico Fernando during which time my statements were tape recorded. At those times I specifically declared "I am not scared or afraid of my father lrshad." 5) Based upon my own personal experience in the subject matter under Cause No.l80026 I

cannot see any rational cause for my father Irshad to be prosecuted for something he simply did not do. Furthermore, it is repulsive to my mind to witness a State Agency twist facts around to make appearances that simply do not exist, such as the charged Information saying "did then and there intentionally, knowingly, or recklessly cause bodily injury to Zaid Baig *28 by pushing him with defendants hand." I hereby specifically declare nobody, including Irshad Ismail Baig, ever caused me any bodily injury as fraudulently expressed and charged by State officials in Cause No. 180026 supra.

Sworn to and Subscribed

Before me on this 3D~ay of April 2015 ZAID BAIG ~blic (}' LJ- j () ·-;- 2015 Date: Fort Bend County, Texas

..3' J ~

[0] :...: ..::r rt.'&~

0 ::c I.L.Jt- UJ 0.. -:' :!~ u .... >-'.::J c;! t-c zc

...-'1 >- ~ ~r5 c:: lt .. X: ~u~ !...,"""':; .o u..· =>

~~ I • ,' *29 15- CCR -180026 MOTI Motion (No Fee) illlllllllllll\111

No. 15-CCR-180026 County Court at Law No.3 Fort Bend County, Texas ) ) BEFORE THE COUNTY

STATE OF TEXAS ) COURT AT LAW NO. 3 v. )

) FOR IRSHAD ISMAIL BAIG, ) )

Defendant, Pro Se ) FORT BEND COUNTY, TEXAS )

) DEFENDANT PROSE MOTION TO HOLD ALL PROCEEDINGS IN ABEYANCE

UNDER INSTANT CAUSE NUMBER 180026 PENDING DISPOSITION OF ARTICLE 11.09 T.C.C.P (2010) HABEAS CORPUS ACTION NOW BEFORE THE

TEXAS COURT OF CRIMINAL APPEALS IN AUSTIN, TEXAS TO THE HONORABLE JUDGE OF SAID COURT:

Comes now, IRSHAD ISMAIL BAIG, your Defendant pro se in Cause sub judice and respectfully moves the Court to place all process in judicial abeyance on the instant Cause of action pending final subject matter disposition by the Texas Court of Criminal Appeals. It is well established law that two different courts of the same sovereign authority may not entertain subject matter jurisdiction at the same time frame.

Case Facts 1) On or aboutAprill3, 2015, the 434th District Court ofFort Bend County, Texas

dismissed prosecution under Cause Number 068010 at State prosecutor request.- However, on the same day, the same prosecutor re-filed the former charges relying on same facts, subject matter in County Court at Law No. 03. Once ,a criminal case is *30 dismissed by proper judicial authority it is deemed by judiciary that the case never existed. The new Cause Number became 15-CCR-180026.

2) On or about May 10,2015, Defendant filed his prose Application for Writ ofHabeas

Corpus, Article 11.09 (pre-trial habeas action) in the Texas Court of Criminal Appeals. See: EXHIBIT "A" attached hereto, at paragraphs 11, 13 page 4 thereof, also paragraph 16, page 4.

PREMISES CONSIDERED:

3) Your Defendant prose respectfully submits to the Honorable Judge here that significant

substantive evidence and due process of law legal claims are timely, appropriately before the Texas Court of Criminal Appeals that warrant complete dismissal of all fact related criminal charges arising out of Fort Bend County against Defendant 4) Because the higher court has total habeas corpus pre-trial jurisdictio~ over subject matter

in Cause subjudice, the instant court is mandated to GRANT Defendant's instant pleading and enter appropriate notice of ABEYANCE onto the Court's docket sheet, thereafter directing the Court's Clerk to timely notify all interested party(s) hereto. Respectfully Submitted; (\~y -~ ____ ,2015 IRSHAD ISMAIL BAIG MOTION GRANTED/DENIED

PRESIDING JUDGE

*31 No.lS-CCR-180026 County Court at Law No.3 Fort Bend County, Texas ) ) BEFORE THE COUNTY

STATE OF TEXAS ) COURT AT LAW NO.3 v. )

) FOR IRSHAD ISMAIL BAIG, )

) ) FORT BEND COUNTY, TEXAS Defendant, Pro Se )

) CERTIFICATE OF SERVICE I, Irshad Ismail Baig, hereby certify I have personally hand delivered true, accurate copy of foregoing PRO SE MOTION TO HOLD ALL PROCEEDINGS IN ABEYANCE to the District Attorney Office of Fort Bend County, Texas \s:- A

:?o Jljt-)~ '2015

Irshad Ismail Baig ·n - i m

0 '- ~l~. '· • . ..: f *32 :.•·

No. 15-CCR- 180026 - -l~DCR- 868810 · County Court at Law No. 3 Fort Bend County, Texas )

STATE OF TEXAS ) IN THE COUNlY COURT AT LAW ) N0.3 v. )

) FOR IRSHAD ISMAIL BAIG, )

) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS (T.C.C.P. ARTICLE 11.09; 11.04) Applicant: IRSHAD ISMAIL BAIG

Date ofBirth: April 07, 19~

2) A judicial Protection Order was applied for by C.P.S. (Child Protection Service) and was summarily granted, temporarily prohibiting Applicant from associating with or contactirig his immediate family in Cause number 14-DCV- 219, 272 on or about December 01, 2014. Earlier, on or about~~~VtEJ} _ · MAY 13 2015 14th, 2014, after C.P.S. officers had interviewed my wife, she was threatened m the

DISTRICT AnORNEY'S OFFICE Page 1 of6

... e· .•

. .. following manner ''If you do not sign an Affidavit against your husband, today we will take official custody against your three children and put them in a State Home."

3) After the Protective Order was granted, the state of Texas as well as the County of Fort Bend, Texas elected to file and prosecute subsequent felony and misdemeanor charges against Applicant under Cause Numbers 14-0CR-6801 0 (felony) and under 14-CCR-177950, December 2014, January 2015.

4) On or about January 26, 2015, the state ofTexas moved to Dismiss the protective Order and Court granted same. See: Attachment 1.

5) On or abotitApril13, 2015, the state ofTexas moved to Dismiss felony prosecution in Cause Number 14-DCR-68010 tore-file same as Misdemeanor in Cause Number 15-CCR-180026, subjudice.

6) Applicant is now before the Court seeking habeas corpus relief from what he perceives to be unwarranted judicial harassment and blatant abuse of tax payer funds.

LEGAL CLAIM

7) Applicant is presently restrained of his liberty and property interests in Fort Bend County, Texas under color of State of Texas law in manner contrary to and inconsistent with the Constitution and law of the United States of America and specifically the FOUR1H, FIFTH, SIXTII, and FOURTEENTH Amendments Page 2 of6

• •. -. , ..••. ,, ·-····· •. ,•-_,.. ·'····· 1 • . ~---· •<•;., --·~-.: •. :.--.~1<>~.- *34 thereto.

11) Applicant complained of liberty restraint has been in effect since on or about December 15,2014 some 130 days of restraint with continuing effect has elapsed, regardless of fact Applicant admonished the diverse judges, D.A., trial courts that Applicant desired a fast and speedy trial on merits. Applicant has not yet been to Page 3 of6

' .

trial and the State Prosecutors have NO valid evidence to set before a jury beyond · that of mere speculation which cannot sustain a conviction. BARKER V. WINGO _ S. Ct._ (1972); WEBBER V. STATE, 29 S.W. 3d 226 (P.D.R ref.) Tex. App.

Hou. (14th) 2000; T.C.C.P. Art. 38.03 and progeny.

12) Finally, Applicanfs constitutional rights are essentially a federal question and the instant Pleading is filed to exhaust state remedy at this point.

13) Applicant is supporting his legal claims herein with copy(s) of authentic evidence via sworn, notarizedAffidavit(s) and relevant Fort Bend County documents.

15) Applicant has submitted herewith as E~ITS 2, 3, 4 the sworn, notarized Affidavits of KAUSAR IRSHAD BAIG, at #2; ZAID IRSHAD BAIG , at #3; IRSHAD ISMAIL BAIG, at #4

17) At paragraphs 3, 4, 5 of ZAID's Affidavit there exists material facts,

Page 4 of6 *36 negative of State criminal statutes required mens rea criteria

18) At paragraphs 4, 5, 6 ofiRSHAD's Affidavit there exists .material fact declaring negative impact upon State criminal statutes and specifically those relating to a person's actions or omissions under·severe duress as established by sworn Affidavit ofKAUSAR IRSHAD BAIG, Exhibit 2 herewith.

19) A cursory review of all State evidence in this case even including its companion cases should reveal the State's entire prosecution of Applicant here has evolved from a woman under duress seeking only some kind of temporary protective order at suggestion of a neighbor/friend when neither ever realized the State (local) prosecutors_ could or would take more extreme action against her entire family. Regardless, however, the status quo of the present State position is frivolous at best. Please take note also of the Sworn Affidavits of Nolle Prosequi on file with Fort Bend County Court and Prosecutors attached herewith, at Attachments Aland A2.

PREMISES CONSIDERED:

20) Applicant respectfully moves the honorable Court to DISMISS with/without Prejudice the State Information in Misdemeanor Cause number 15-CCR-180026.

So Moved and Prayed

IRSHAD ISMAIL BAIG Page5of6

·e .!

ORDER On the _day of , 2015 came on to be heard the Application for WRIT OF HABEAS CORPUS under Texas Code Crimina] Procedure, Article 11.09 (2014) and having given due consideration to same, including the evidence submitted therewith, the Court is of the opinion the WRIT be

GRANTED/DENIED and on this same day the State Information is· DISMISSED/ ALLOWED to proceed.

Date: _____ ----7 Presiding Judge

Page6of6 *38 No.lS-CCR-180026 County ·court at Law No. 3 Fort Bend County, Texas )

STATE OF TEXAS ) IN THE COUNTY COURT AT LAW

) N0.3 v. )

) ·FOR · IRSHAD ISMAIL BAIG, )

) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS )

) CERTIFICATE OF AUTHENTICITY I, IRSHAD ISMAIL BAIG, Habeas Corpus Applicant in above styled, numbered Cause of Action, hereby, herein swear upon oath under penalty of perjury according to law that ·all EXHIBITS and ATTACHMENTS evidentiary in scope, nature iticluded with instant Certificate are true and correct photo copies of the Original documents on file with Fort Bend County and District Clerk Offices in Fort Bend County, Texas.

iRsHAD ISMAIL BAIG 11706 Nobility Drive, Staffoid, Texas 77477 .~fl'Y-~-'I:-: ·-- .. ·-' Notary Public, in and for: AMIN M MEERZA My Commission Expires June 1, 2016

. .. ' ..... - ...• ~ " .... . · ..•.. ,.. . ... '···· .. :• ·, ... ·" .. -~.. "'· . ' ... '. NO. 14-DCV-219,272 *39 I I ,I ljf I 1 ] J:i· : : ; ; i : l ^[1] ^[1] • ' ], I' ; I l I j : ~ ,, , II J IN THE MATTER OF IN THE 328th DISTRICT COURT § KAUSAR 81.IG APPLICANT § OF

AND FORT BEND COUNTY I TEXAS

IRSHAD BAIG § RBSPONDBNT . AND ON BEHALF OF

ZAID BAIG I AMAN BAIG I KABIR BAIG

MOTION TO DISMISS COMES NOW, Tonika Davis, Assistant District Attorney.of Port Bend County, Texas, on behalf of Applicant and respectfully requests this Court to Dismiss Without Prejudice, the above entitled and numbered cause, which was instituted pursuant to Chapter 71. of the Texas Family Code.

Respectfully submitted, Chad Bridges Fort Bend County Asst. District Attorney Attorney for Applicant SBN: 00790369 ~J:):i)L4u£)

Tonika Davis Asst. Dist. Atty. Ft. Bend County FILED Attorney for Applicant SBN: 24080003 JAN 2 & 2015 .l~ 301 Jackson Street Ar~··ss A·u. Richmond, TX

(281) 341-4460

ClltUIII.tt'l::C. TX ' ~ ............. ~-' . . . ·.~~ ...•••.• ' . . . . . '> ···' • I· ::~~~~;-~~-: :"~~~j\:t~f·'~~- . ·.· • ~<. ·."; *40 . . NO. ~4~DCV-219_; ^[1] < : : ri r .r, I ' ,*! /r : j•l I d ,! ' ~- l I • ' ' • 1·1 1 1 !: o I l l I, If 1: ;: ^[1] I : • • s IN. THB·.328th. DISTJti:CT C<>tJR+ .. i··· .. . . . . .. · . . . . .... -~., ·. ·.. . ·. :.-."' ... , ... ·- ·- . ::·.. ;• ·::r'···\ _:

.. ~.: ·.:· : . .-·

··: . .:. .... _ .... ··~

: ·~.

~ ..

i ; ....

.. ·_,·_._ .. ·

·.::-·.:

·-· .. ._, __

_,,. ._ ... .: .. .-._ ...... ··-·-···-·' . . .._,, :::. . ,.~ .. ..:. .. •. , ~ .! . . .. .,.,.:;, .. *41 NO. Ill--De.~- 68010 I IN 'I'JIE DII'I'BICT C01JRr OP I f I I I

MOTION TO DISMISS day 3 t Olltbistbe IJ.pNP- of il . . .20 , . ^[1] thDSIIIIeof'Teal.byadllaua(l11be .bclow.......tA......,·Diltril=tAaamcy. 1411Jiedally ...... dleea.ttDDI" Dlltbe8110VellJiedad........_..almjnel ,llrdlefbllowiDa lellall(a) to ~mwbiclltbodefw"'dildllillpchdllltlle.._.of ~ ~ ht ~IJ.. Wit '111enidlaceiliMafioiettoJift'N1biaCIIe........ . . . daabt; .

c::J 'Ille....,.,..,_ouayicli4ia ..... --= c.iii.Nulabca(liJ----------- E:::l Tiae GPJ"';dna wiiMw . . - . E•ol'lli:. . ·

~ "DDocaebla.._nl&led:C..Mamber ~ 11e,<a,4U Fll n. II ' tnt il &ifld . !Jell: :

c:::::::J 'l1le .teh•'' ildec a ••II; c::::::J c:::a t . . . . . . . . . ~jpM wil).b81e·tli' "~· ..... jFHME,I Tiled s ibe•i hnt88deldl,;..;.,,.,.....,...__.o.tcalls;ar c::::J

c::J Od8,1Dwit

-~ L :: .e \ft-f1 ~f.tt\\~-, ~1 ..... ( *42 Jtieha ID1mar 22.01 (&)(1} 1.39SI0031 l'.lllllplllal -

vs 15-cCR.,-111111211 CCII IP"I-RS-==D-· n-=I-SMAI.........,==-L--BAI""""*'"""'G=--......... --o::o==o===-.....,.--.......:="-==--oa=:===_-~f 64 DA ~NO: 14-011029 D.O.B.: CHARGE: ASSAOLT CAOSES BODILY INJURY FAMILY ARREST !lAD: NA/SUMMONS ~: November 09 2014 AGBNC'Z/ AGBNCY NO: MEADOWS PLACE POLICE DEPARTMENT 20145075477 BELADD. CASES: ASSAULT CAUSES BODILY INJURY CC>-DBli': VXOLEN'CE

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: Before me, the undersigned Assistant District .. Attorney of Fort Bend County, Texas, this day appeared the Un.dersign.ed affiant, who under oath says he has good reason to ._believe and does believe that in Fort Bend County, Texas, msBAD X.SMJKU. BAXG, hereafter styled. the Defendant heretofore on or about N~ · 0.9, 2014, did then and there intentionally, knowingly, or recklessly cause bodily injury to Zaid Baig by pushing him with Defendant's hand.

It is further presented that at the time of the offense alleged above zaid Baig was a member of the defendant's family or household or in a (i(lting relationship with the defendant. ~ _, = ·- en

;s - - r-· w .., . m : (A) .. (11 AGAINS!r TBE PEACE MID ·DJ:GRJ:TY OF. "fBB S'rAB. U) • . -~ ...... : ., .. , . ~- .,.. ·-~~· ··"' .:··· ••• , >-:! . ....... ~·

' . - ·~

~·:~

*43 .. )

STATB OF TEXAS )

v. ) > BEFORE ~434 ^[18] DISnUcr

) cot1kr OF FORT BEND CO~ IRSHAD ~BAIG, ) TEXAS

·~ ) . Def-'ant, Pro Sc • e ~) ':. s i .-r, ) ) ·.!Ill>_ ·~ ·;.

S.WOBNAmDADI . ~ ·.:· •. ·;.·!\· . ·I. icAusAR JRSHAD BAIG, haebj, ha:ein swe&rJUPCBl oath uadt:l' pe:uaJ:ty of pea jury accou1iug }-- !. .· /1DJawthat6efbJJowiasdedazationss avwnecds, Sl(llteiiWdsof fad,pamgaBjokldJmS 81e1rue .. . · .. · 8iKi ~being based upon my own pemaud koowledge aod.apc:rience. · ...

'1) lwas born August• tm aDd prC!ICidly :remde at 11706 Nobility Drive in~ Texas.';... T/477 aDd my 1f!1cphnne mmberis 281-658-2640. Oa.Ol' about'Nowmber 09, 2014 at &bow · . ;;'iesidmee my busbalwJJ:mhad.Jsmail ~ aod I had a mism..Jo•••...tmc; cfisa&recme:ut lf'881ting · . ·.-. ., in &serious acaoum ccmcanina our finanr.JaJ position . · · :.. 2) .. · Aldlougb. at die sugesticm aDd ~·.-e of my fi.iead: I was 1Bkm to a Di:at,by poJlce Sbdion .

whtft J. sigDed some fiJrm of Complaint 9inst my Jmsban:d, I~ too :oea:vous to read the · ~·· 0Rnp•iol so I maely siped at & pJace I was 1Dld 10 sip by policeman

. . l) Days Jater. on or about November~ 2014, I was qnestioned by c.P.S.::w.f irdic•ned tbat~

· c:h,iJdral c:ouJd be~ away from me by 1he S1Bte ofTexas ifl mtbsed to sip papcm mr ~- .. · :"PioCective Otdm:." I.Joobd at the papas aod sipecl than for fear oflosiDg my cbi1dn'liL. I .w.- rea41hose pap(D either. .

. . . .r :i. . . .

.4) .My dlildleD a my 1ifC aod if1hey wae 1akal away from me, I could~ 1M. I believe Mr. ,/ ·.Emico Fernando was G:Je of 'the officers who 1aibd to me. 1'he S181e c:mplo;ees who 1aJbd wi1h me.'WaeverJ Dice but'Wbal it~ the S.1BkiDgmy cbikkeD, I heml&Dd ~ . very c1eady aDd 1herc was nobody dJ8t could qoit:t 1hat tra•MW''*NJS fear in~ heart.

· ..,._d llshad Jslil8il Baig at any time dmiDg the~ dales. p1aces incideat as a basis 10r S) I~ sufti::&d.aay actual offeasive. }imvocative or painfbl pJJ:,sical il:jmies fi:om my .· · ... Stale ~.arising out ofFort BeDel County, Texas.

·. ·:· ... , •. . . ··'.' . ' .. · ~ ·-· , __ . -- ·" . - . " ._, ., • •••• ;, --~ • -.-. /':",. -~--. ' .. : ~- -· •.. :.·- .. <.., • • ..., . • • • . . _, •. _ ... , ... - - 1 .. ___ . ·'··

I· ..

I ~ .---· -· ··. ~ ...

Further .Affi.aDt sayeth not.

Sworn To and Subscribed

Before me on 1his ~day

·ofF~ 2015 A.D.

Date:·o~l \b \2-0\ ~ ·

·.~':.

:· .. · . ,..,. : .. ; .. : ... -····· · ....... . ·!._s::.., ·:J.- - - --~" . . ...

*45 )

)

) BEFOJm.THE 434m DISTRICT ) COUIUOFFORTBENDCo~ ·, TEXAS . . ) ... ·. -~ ) . . . ·, .. . . . Qefeadmt. ProSe -) -~· ) _) . ' .,._ -)·· .... ~ . .... . ,. . swOBNAfliP•vn .. . '. . • J • . . . . . ;_ . '. ·_:·... ,· . . . . -.. -t . • . . ,j

. . -:::I,·~ lRSHAD BAIG, haeby, ~upmOidh ubderpeaaltyofpajury ~tD~-1blit. · -.· · :·_-_::,tbQ-~dedanidons,avaowds,stataa!C?•'sc(&ct,paragraphs 111Jro.6am1rueml4conect : .· · · .. ·. -~~ upalllDJOWDpal"lll ~&Ddexpa:ieace.. .... : . . .. . . .

. . ·, _'·:l) I_Wiis bam~·1999 aad~esL:atly ~~ 11706Nobiliiy Jlriveia~ ·~T--·77417 aud my~ 1JP!Dber IS 281--658-2640. 0B: or ilboutNovemhcr09, 2014 ·- . ~ ·. :. _..J.eSidenc:e my11Bf11Dtl ~ I:rihad_&lb&!:t aad 'J'anpr~wae ..... h. about · · ·. · : .' _. · · ~·.: .... ;~.1~ IwaspcDJtwidliban•1bc1imeaadli"JJf"hedoveraail~.a.f :- ·. ·. · . · . · · _--.~· ~-ja, •i•••q,t1o voice my own-opiuionon1be subjects ~Wale m....-..... Mf ...... · :. · · · · - .... .._... iba Wor piwlmamM& · . . . ,.· .. ·;-'~.m.a ' " . - . . - .... _. '.·:,·-· . , · . . :2l· )q JIMIIfher :g.,... SPbeeqlw*'ty aabd a friald 1D 1ab her to 1he Polk:e ~lmtiut-ieamae

. • was.sliD very 8Df1'1 at my_falhl:r.·. Sewiral daJs later I was~ by Cbild Protective .. -A~woaba.. . . ~ .

. . : 3)) aever'ciidaad still do DOtn:pnl1he•llgUilwdive langpaae ~dons ~my ~:*·or_.·.

· mj~·Kausar ei:lha-povccative oro&imive·1D ~1Qwad~pascmal beiD& ~ . _ . . :_·~~~2014. . .. . .

4) . I~ wit•M md any actual bodily~ ofmyJIIOdla- TC~ or my cnmpeacm~dJe .. ·: ~-09,2014mawatent1M~mmy~K~aad~lrsbado¥rzfinauQati8ies. _ Neiibriw&S IimOived in or aw~i~e of my~ such aqpaneiits cludDg the,_. of2014~ · · · .. . . •. . . . . . . : . . ·._: .. :·:5): Oa'!'f.,_NOft.lllbez20,2014bothmyJDOti.rKansaraod~ ~~~ :: ·. : ·:··J;,y·c.P~~ENRICO FERNANDO ~which tii:Bmy slatHaods."wiDpit'oo.-.·_- -... · ..

. . -~ .Ai 1hat1ime 1 speci&a1ly decJmed "1: am DOt scai'ed or 8fiaid of my~ Iailar.a.- · ' · . ·.. . ... ·. -~ ··~. . .. . . . . • . . . . . .\ •. . . • ·<·. . .... . .... . . . ~.

*46 "1 acted to imerveoe" (idem sonan) (para. 1 supra.) with my father Irsbad ~during the time 'Of • argmDent tbe Stare's erroneous prosecution of my father is pteSeutiy based upm. . . . .

. 6) Based upon my own personal experi~ in this subject matter under Cause No. 14-pcR~ ()68010, I can see no rational cause for my father Irsbad to be put in jail or tbe tum~ pain · · , ·cause4 in my family during separation because of a "protccti~ Older" subsequcmly dismiSsed. by •· I suffeted DO personal injury or o1fense at 1he hand of my fidher ·. Judge ~d R. .

· lrsbad Baig at any time~ to State ofTexas Cause Number 14-0CR-068010 .

. . Further Affiant sayeth not.

. . I

ZAIDBAIG · : · ·.sWorn To aod Subscn"bed

. · .. Before me on thiS {&/Ia day

· ofFetiruary, 2015.AJ> .

... *47 • No.14-DCR..eA810 .. )

· · STATE OF TEXAS ) )

.. v. BEFQRB mE 434'01 DISTRICT ) . . ) ~OFFORI'BEND~ . \ . . IRSHAD ISMAil;BAIQ - , - ) TEXAS . .• "· •)

J.i ) ..) ....

SWORNAD'JDAVIT ·. · J:'~~BAIG,Iaebyr~swe&rvponoaih ~paiahy ofpajury accordiDg .'[ . ' w.tinlf.dad'6ie;1bllowDw clor;lealioas, an:piMjdS; slldo••ds of fact, paragmpbs 1 thm 6 are true . . alalConect beiDg based upaD my own peaoaaJ kDow1edge aod axperieDce

· · 1).>'-{• tbe Daaecl ~in Causc,"No. 14--:pcR.-068010 arising out ofFoit ileud·Coum:y, . -~::-. . .•. : . . .2)·' ·1 ~.~po-se in my own defeDse in said (pa:a. 1 Cause Nnmbel;) being fbDy aw&Ee ·

.• -..po91P"bli1'Jiid8Ds. ..,.sofsaducpc&adaliDD, as wdl·as be:iog awmeofmy Stale of .. ~·aDd United s.a.s (fiedera)} rlibls 1D detead mySelfpasooally. .

. . . ·]):·I~ a SOUDd, secum Wbased ~ JJCamnrd SIDdy of appJirable Jaw1hat.J have also

.. :' filed....a.oiis Olhrrpm-sie pin rtmgs,...,. aDd ICievaad: to 1be ~of an substatdive .· ~ ~-oflawissUes, qur:sdoDs arising out of the. proceedinp in Qmse ~judice.

· . ': :·4) ::; . I~ a . .-ad. &ec;1lie Wbased upon aKBsonecl study of appJirable case law autholey,

. ~ . . . . . . fedrnl,.1bat tbeae is ~DO subsfa .. tiYe mdeace or only a sciublla of evideDce eciafinitbat ciill~ suppm;t1be SUB ofTexas felony chalgesl am on trial·for in Cause sUbjudice. .

S) · ·lfutmaJlY cJecl1n; avec aad popose that 8J1'f :&ulhet ~ ofFort Bead CoUDty Q1use ~ 14-IX!R:-068010 based upoa prwc::ad:y DOil-CZisdDg evideDce would be an abuse of ·T~·Iiuqayer fbads. BowCver; I do~ have jpcfla;u ity 1D tanedy.

· .. 6) •. I tbdher~~ ataai}time incidemtto 1htSubstacdjve ~in Fort Bend County

. ·Oiase Numhe:a-14-DCll-068010, I~ DOt recall~ 'Vabally or physicaJly abusing or i:ojurlDg .any fneiudi« of my family aod spedficaUy Dot my sanZAID nor my wife KAUSAR.

: - •• • •••• .,.,_., .. - " · · · - • • • • • • ·- •• ---.~~-· ··.·-~---' ·-~--. • • • • •• <" ~--- *48 · FUI1br:r AffiaDt sayeth ~.

·,.~y ,/ IRSHAD ISMAIL BAIG • ; ' . '

Date:

. - - - -.;... . -.r.:· . ~- ..... AlliN M MEERlA

lly CommiSSion ExPir8S June 1; 2018 ··. ' ..

, .. -~::

.. · .. ~- •••. ,.·, ·~,.-...·r .. :,· ~ .• ,.~ •'· ···~'·•·· •"•'-.~ ~ , ......... ·~ ••. .~ ···• . • •~.· ••• ·~·:.•----· t· ··""···•···. ;l,., :. '

.1""1'" k~a\J,. Ar\ ' a,. .. ~ • ~-- · - . ·T.'. coP:S ~ "" 'y\:; in the fr\)ta1. ORIGINAL filed on

( records. Copies NO · compared. No. 15-CCR-180026 ':RA RIL:f, County Clerk County Court at Law No. 3 Fort Bend County, Teus STATE OF TEXAS

IRSHAD ISMAIL BAIG,

Defendant, Pro Se AllFJJ)AVIT OF NffiJ.E PROSEOm I, UID IRBSAP BAIG. hereby and herein swear upon oath, under the penalty of perjury accordiilg to law that the following declarBtions, averments, stateDients of fact paragraphs l tbru 5 are 1n1e, conect being based upon my personal knowiedge and experience. ·

1) I was bomDece.mberiB 1999 in the United Statesandamaniltural citizen thereot: I

~Y ~de at 11706 Nobility Drive in Stafford, Texas 71477 and my present telephone number is 281-658-2640.

2) I ·am the alleged Complainant in the above styled, numbered Cause of action due to erroneous state action(s) of Fort Bend CoUDty Offici8Js. At no time whatsoever did I ever~ request,

seek ·or deSire to file any type of legal action against my natural father Irshad Ismail Baig during the year 2014 and to date.

3) I was present, on the scenewi1Dess to all confrontation episodes over financial issues

between my Mother Kausar Baig and ~ather Irsbad Baig during November2014 and at no time was there any actual, physi'* or emotional iDjmy suffered by my own person as a result oflrshad Ismail Baig's actions or omission of action. · 4) On or about November 20, 2014 both my mother Kausar and myself were questioned by

S1ate C.P.S. officer Enrico Fernando duriDg which time my stateinents were tape recorded. At those 1imes I specifically declared "I am not scared or afraid of my fatber Jrsbad." -

5) Based upon my own personal experience in the subject matter under C8use No.180026 I cannot see any rational cause for my father lrsbad to be .prosecuted for something he simply

did not do. FurthermOre, it is repulsive to my mind to wimess a State Agency twist filets around to make appearances that simply do not exist, such as the charged Information saying · "did then and 1he.te intentionally, knowingly, or recklessly guse bodily inlm tO Zaid Baic .·.,.•,..,,,t·· ···-·.•~ ... _ ...•. :-..;:1:"'·'-" ... ·~·· -.·:'' ..... -...,,.,,, •• , , ··.·:~ •• :~··'""·:.····~; ... ·, :, .. ·.·~.-.:. ·' , ••• ·-:··: .. ·.: •. ·.:.'.·.:. ... ~ .. ...

by pushing him with defendants hand." I hereby specifically declare nobody, including hsbad Ismail Baig. ever~ me any bodily injmy as fraudulently expressed·and charged by State · officials in Cause No. 180026 supra. ·

Sworn to and Subscn~ ~·~ Before me on this l~y of Apri12015 · ZAIDBAIG

Date: AMIN M.MEERZA My Commission Expires June 1; 2016

' '

No. 14-CCR-177950 Coaaty Court at Law No. 3 Fort Bead County, Taas · )

STATE OF TEXAS ) IN 1HE COUNTY COURT AT LAW ) N0.3 v. )

) FOR IRSHAD ISMAIL BAIG, )

) . Defendant. Pro Se ) FORT BEND COUNTY, TEXAS )

) AF'J'IDAVIT OJi' NOLLE PROSEQUI I, KAUSAR IRSHAD BAIG. do solemnly swear, aver, declare upon oath, under penalty of peajury, apcOrding to Jaw that the .following two par&&nlphs are true and correct based upon my own perscmal knowledge and experience.

1) Tbe only reason I ever signed any type paper work or documeDt related to Fort Bend County, Texas Misdemeanor Cause Number 14-CCR-177950 was because I was placed in serious fear of losing parental custody over my children due to open threat by State of Texas employees intervi~ and questioniDg me about a fiunily incident.

2) I do not intend to prosecUte, neither will I participate in any future comt or State sponsored activity related .to Fort Bend County, Texas Cause Number 14-CCR-177950.

Further Affiant sayeth not.

RECEIVED KA IRSHAD BAIG

APR 20 2015 11706 Nobility Drive Stafford, TX 77477 DISTRJCT ATTDRNEY'S OFFICE Phone: + 1 281 6582640 .

COPY • ·,I I I ORIGINAL filed on ~ - ao - J 5 . I . •' ' I in the ro ( a a records •. :.- ;J·· ·Copies NOT compared'! .

LAURA R~R~ COunty Clerk

By. . . ~ - • •• . ... . ••. ~- . . . ,-,'1.), • • •

n-... J ... \\.1 ,_ '

15-CCR-180026 MOTI Motion (No Fee) *52 Ill No. 15-CCR-180026 Ill County Court at Law No. 3 Fort Bend County, Texas )

) BEFORE THE COUNTY ) COURT AT LAW NO. 3 )

) FOR )

)

) FORT BEND COUNTY, TEXAS )

)

setting forth the Court reasons for not grant

Corpus relief prior to actual jury trial on subject

CAUSE:

1) On or about May 13,2015 Defendant filed his p

Corpus Art. 11.04, 11.09 Tex. Code Crim. Proc. (20 1 0) 2)

disposition before the Court instanter. 3) On or about June 30,2015, some 45 plus days beyond filing date ofsu ·

habeas corpus Application, the Court consolidated this Cause number with pre- Page 1 of2

...

existing cause number 14-CCR-177950 and summarily scheduled jury trial of both *53 21 ^[5] \2015. Cause number 14-CCR-177950 also has an unanswered Art. habeas corpus filed on or aboutApril23, 2015.

leadings summarily continuing to jury trial then Defendant's n I rights of meaningful access to courts; access to the Great e injury, compelling Defendant to develop and file PREMISES CONSIDERE

5) address and dispose of

. 1.04; 11.09) before July 21, States requires. So Moved, Prayed.

SM~~IG, pro-se : ~L-/ ,2015 MOTION GRANTED/DENIED:

lt'~ ... -..-j ~ r . Presiding Judge

Fort Bend County, Texas

Date: ___ __ ,2015

Page 2 of2 No. 15- CCR-180026 County Court At Law No.3 *54 Fort Bend County, Texas )

STATE OF TEXAS ) COUNTY COURT AT LAW . ) v. )

) No.3 IRSHAD ISMAIL BAIG, )

) Defendant, Pro Se ) FORT BEND COUNTY, TEXAS )

) CERTIFICATE OF SERVICE I, IRSHAD ISMAIL BAIG, hereby certify I have delivered a true, correct copy of foregoing, attached Motion:

(1) Defendant's ProSe Motion to Withdraw Subject Matter Habeas Corpus Jurisdiction and Proceed Original Action in Texas Court of Criminal Appeals in Austin, Texas To:

a) Fort Bend County Clerk Office

b) Fort Bend County District Attorney Office

c) Fort Bend County Attorney Office

IRSHAD ISMAIL BAIG No.lS-CCR-1180026 County Court at Law No. 3 *55 Fort Bend County, Texas )

STATE OF TEXAS ) BEFORE THE COUNTY COURTATLAWNO.

)

v. )

) FOR IRSHAD ISMAIL BAIG, )

) Defendant, ProSe ) FORT BEND COUNTY, TEXAS )

) DEFENDANT PROSE MOTION TO WITHDRAW SUBJECT MATTER HABEAS CORPUS JlJRISDICTION AND PROCEED ORIGINAL ACTION IN TEXAS COURT

OFCRIMINALAPPEALS,AUSTIN, TEXAS TO THE HONORABLE JUDGE OF SAID COURT:

Comes now IRSHAD ISMAil.., BAIG, pro-se Defendant in Cause sub judice and hereby, herein NOlliiES the Court of Defendant's intent to withdraw all subject matter Habeas Corpus jurisdiction in above styled, numbered cause of action; thereafter, to file said subject matter Habeas Corpus as Original action in Texas Court of Criminal Appeals sua sponte.

CAUSE:

1) This habeas corpus action is a pre-trial action of which Defendant enjoys Texas and

Federal RlGHf/ENTI1LEMENT to have the Court(s) rule, decide, and address the merits thereof.

2) The instant Court has been sitting 6n top of Defendant's pro-se pre-trial habeas corpus

pleadings over 115 days with<;mt addressing the facts set forth therein or transferring Page 1 of2

said habeas corpus APPLICATION to the Texas Court of Criminal Appeals as *56 required by law.

3) The instant Court, to exacerbate the Defendant's Constitutional Right injury has also

scheduled this Cause of action for jury trial on at least two prior occasions and then reset the Cause for trial on future dates.

4) It strongly appears to be a formidable abuse of discretion on the Court's behalf toward

Defendant, therefore Defendant withdraws said habeas pleadings in favor of proceeding Original action jurisdiction in Texas Court of Criminal Appeals.

It is so urged, moved, and decreed by Defendant this lOth day of September 2015.

IRSHAD ISMAIL BAIG 11706 Nobility Drive Stafford, TX 77477 Sworn and Subscribed

before me thi~D. day

ofS~ KAVITA BHATT

Notary Public for Notary Public STATE OF TEXAS My eomm. Exp. _11-13-18

Fort Bend County, Texas Pagel of2