Case Information

*1 RECEIVED OCT 292015 COURT OF APPEALS SECOND DISTRICT OF TEXAS EbRA SPISAK, CLERK SERjman Day stewart of Kia Sséjman, Told stewart V.

The state of texas

Dear cleats of the court,

Enclosed please fund Appellants M otron to theate Appell to substitute counsel, motron for bench warrant, motron far- ct. of Appell to take Adran under canon 302, motron far ct. of Appell to take action under canon 303, and motron far ct of Appell to disregard Appell horel submitted by my Appentel Appell abhorry to wortent Job. - Abreviated titles wortent have. My Appell abhorry, Mnt St. Jobn has broken the law by Wotaty Artical that were ervical to my Appell. I am suffering prescribe because he broke the law. Ment Jobn Wotated the mande ter provisions of the trocop. Attredies 26.04 and 1.051 by Wotaty Articales 26.0401 and 1.051. My "formal complaint" Just filed offens 3 cases that soy revised is regored. My Appell is ruined because Ment Jobn orel not obey the laws above and comminivate with me, and I was forced to lose my rights to the

*2 purposes and benefits of mstan for new tried proceedings. I have been cheered my right to the effecton assistance of counsel and request to be allowed to substitute counsel, and be bench wormated back to Torrent Co. so I can consult with new counsel about the laws my altarry violated and possible remedies. please mall a completed ordin to me in the self-calibrated envelope. I meant to ask for you to preset my mstans and then return signed 10dna if you will please.

Mayan 12 stowat.

*3 Benjamin Bay Stewart of the Benjamin Todd Stewart The state of Texas The Second District Court of Appeals Texas Court of Appeals case Nos.: 02-15-00169-CR, 02-15-00165-CR, 02-15-00166-CR, 02-15-00167-CR Trial Court Case Nos.: $13360130,13360140,13360150,13360160$ Motion to abote appeal to substitute counsel based on actual crimes committed by appointed counsel; Motion for Beach Warrant for Appellant to Consult with new counsel and to seek remedy for prejudice suffered; Motion for 2nd District Court of Appeals to Take Action pursuant to the code of Judicial Conduct canon 302; Motion for 2nd District Court of Appeals to Take Action pursuant to the code of Judicial Conduct canon 301; Motion for 2nd District Court of Appeals to disregard Appellants Brief submitted by J. Warren St. John who violated, The mandatory provisions in The 7x.c.c.p. Articales 26.04 and 1.051 by specifically violating Articales 26.0401 and 1.051(a) in Judge misch's 322nd District court to the detument of appellants appeal by forclay appellant to forfeit the purposes and benefits of motion for new trial proceedings, That are critical stages of a first Appeal. Aware2 v. state 29 stw. 2d 629

*4 Tarrant county Sall Records for Visitation and mail room will prove that my Appointed A ppeal gatorney MR st. John did not make any kind of contact with me betwe motion for new trial proceedings; Sall House and prison records will show that MR st. John did not make contact with me for almost 6 months. "the time period for filing a motion for new trial is a critical stage of a criminal proceedings in which defondants are entitled to assistance of counsel. A heaing on a Motion for new trial is the only opportunity to preser to the trial court certain matters that may warrant anew trial, and to make a record of those matters for appellate review. A Motion for new trial hearing is glso the proper time to devel ope a record to demonstrate ineffective assistance of counsel during trial." Alvorce Visite 2954.32629

By refusing to communicate with me, my Appointed appeal attorney J. Warren st. John has in terriandly and knowingly violated the mandatory provisions of the Jx.c.cp. Atticates 26.04 and 6.051 by spectieally violating Atticates 260431 and 6.0516 . These crimes against me have destroyed my appeal brief by and through unetfically forcing me to forfeit the purposes and benifits of motion for new trial proceedings where I would have been able to

*5 to receive a new trial a new trial avoiding a long thy appeal, or, in the alternative, at least be able to preserve errors outside the record, so they could be heard or direct appeal; for example, my trial attorney failed to object to per Jured testimony of states expert accident reconstructionist, and said attorney also failed to use a well established Jury instruction on concurrent causation, and "but for" these errors individually and collectively, I would not have been found guilty. Please be informed that MR. st. John has actually used per Jured testimony testimony in my appeal brief on purpose.

I have filled, with Judge Wisch of the 322nd court, (5) five clear notices informing the Judge of the crimes committed against me and my appeal and also of the many 7 X Disciplinary rules violated by MR. st. John. I formally request The court of Appeals to review said notices as evidence, I am indigent and Judge wisch has refused me copies. that I might often to the court of Appeals. I only asked for copies one time but I assume he will not give me copies, if I ask again.

Judge wisch has willfully neglected his duty to act pursuant to Cannon 302, and, ofusant to his duties to maintain and enforce, while monitoring attorneys under the rX.c.op. Articale 26.09 in the "County wide plan" for appointed attorneys called "rarrant District Court plan." He heed a duty to "Exclude

*6 the offender. (mP. st. John from all hope of escape" see reccpart, last 82. I believe this. Also applies to the cti. of appends pursuant to bation 302, but I am being clanted counsel for assistance with the Artreles. mP. st. John violated, and this affects my appeal. mP. st. John told me by his refusal to communicate in violation of ex Disciplinary rules section 1.03 on communication section Aonely, that he would rather I suffer the drastic consequences for his crimes instead of confess $\$$ said crimes to you, the second district court of Appends or to Judge wisch so that he could help me seek relief, such as out of time motion for new trial proceedings - he said he would not abode my appeal to helpine. What is worse, is that Judge wisch also willfully chooses in his cross indifference to mP.st. John's crimes and violation of the multitude of ex Disciplinary rules (see 24 page note to Judge wisch) in an overt neglect of D.t. to act under caron 302 - for me to suffer the drastic consequences for mP. st. John's Disciplinary violations, and crimes named above. these willful acts by the attorneys, Judge wisch, and, mP. st. John in volve moral scripture, because they both want me to suffer for the crimes committed by mP. st John and Judge wisch in Judge wisch coutroom. This is a moral issue as well as a legal issue.

*7 They both hed a duty, to at least nobily you the 2nd District Court of Appeals, of the crimes and potential harm they caused to me and my appeal. Neither Judge which Nor MR. St. John are being forthright or honest in their duties. Theyboth hed a duty to report the crimes to the 2nd District Court of Appeals. Neither one reported the crimes to you. It says in, INRe 600rd July 166 R. 5-pp.132, that, "In matter before court attorney hes duty to immediately bring to courts attention any actuel or potential ethical violation involving any of the parties or attorneys in a case."

I believe this following case applies to the Cl. of Appeals and to Judge wisch. It is crucial that it be understood that Judge wish has and the cl. of appeals has an obligation to act that is mandatory and not discretized under canon $302,303$ .

In matter of J.B.L. 931 S. 4.22 S. 81 it states, "Canon of cabs of Judicial conduct providing that if information received by Judge raises substantial question as to the lawyers honesty, trustworthiness or fitness as lawyer in other respects, Judgestoal inform office of General Cansel of state Bar or Take other appropriate action is mandatory in nature, not directory though Language of canon is not exclusive in that it does not prohibit indepandent Judiciary from exercisng its inherent power to

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protect Jurisdiction of Courts and insure that

necessary court security provisions are compivel with, or to exercise its authority to punish by contempt or otherwise V.T.C.A. Government Code title 2, subfitle GAPP, Code of SAG. conduct, canon 3, subd D.CO. " Here is the actual canon 302, that Judge Wisch had a duty, and the 2nd District of of Appeals has a duty to act under because MA St John is not interest or trustworthy enough - He is Not At as a lawyer to confess his crimes and protect his vulnerable client. - Judge wisch is not trustworthy enough to report me st John either

Caron 302

"a Judge who receives information clearly establishing that a lawyer has committed a violation of the 7 x disciplinary rules of professional conduct should take appropriate action. A Judge having knowledge that a lawyer has committed a violation of the Texas Disciplinary Rules of professional conduct that raises a substantial question as to the Lawyers honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the office of the General Counsel of the state Bar of Texas or take appropriate action." MR. St John is to tally unrepentant and perfectly willing to let me suffer for his crimes

*9 He cannot be trusted to follow the law or protect his clients needs, and if he can't be trusted to tell you the truth even at this point, action must be taken against him and Judge wischen, who also cannot be trusted to do the right thing. So with this information, and the information of the $r$ Drsciplinary rules violated by $m$ St John described in the 24 page Notice to Judge wischen, It is mandatory, as I nimbly present this te you as a violated appellant being, classed his right to the effective assistance of counsel, that the 24 District Court of Appeals, Take Action, not only under Caron 3D2 against $m$ St John, but also under Caron 3D1 in respect to Judge wischen's failure to Actench Caron 3D2. See his 24 page Nonce tecunt. Caron 3D1 states " a Judge who receives information clearly establishing that another Judge has committed a violation of this code should take appropriate action. A Judge having knowledge that another Judge has committed a of this code that raises a substantial question as to the other Judge fitness for office shall inform the state commission on judicial conduct or take other appropriate action.

Judge wish has willfully ignored $s$ notices and request for help. It is not disputable that he chooses to shield a bad attorney turned

*10 'Criminal' from any liability at my expense! He clearly wants me to suffer for the crimes committed in his court by my appointed attorney, Mr. St. John. He refuses to reput the crimes to you so I can find relief for the prejudice I suffer. I believe it is mandatory for the 202 District Judges to take action against Josie wisch. I have requested legal advice before I do formal complaint with the commission in a latin. My Appeal Attorney, Has Wraken Helens it has hurt me and I need to substitute counsel and get legal advice. I do not waive my right to counsel, and I am without the effective assistance of counsel. It would be horribly wrong that I should continually have to suffer with my attorneys purposetully back and metical representation, on top of having to suffer for his actual crimes committed against me and my appeal. The man actually intentionally used perceived testimony in my Appeal brief to be wegebul because I am expasing his crimes. I can prove heald it on purpose, he knew better. He used testimony from the states expert accident reconstructionist saying I hit and stalled out a Toyota camery, for an F450 to hit and kill them. That is perceived testimony! The same expert said on the 4th Day of trial.

*11 When asked, So, All that damage on the front of my clients pickup. Did Not come from hitting the toyota camery? - He said - "O H - Heavens. No, your client swerved off the tiny and hit a temporary sign that caused that unigue vertical crease in his bumps, and you can see scratches on his feeder and hood from the sand bags that holding the sign down. I have explained this to MR. St. John many times, although he refuses to reply to any of my inguintes, He refuses to discuss his crimes. This is a camed 302 issue, his refusal to communicate violates 7 KOs. rule 488 under section 603 on communication. please inform me if I must provide the notice to your that contents each Drsc. rule violated. It is the 3 st notice to judge which and is 24 pages.

How could he choose not to use the testimony that would exon orate me, and instead use testimony, that is admittedly perceived testimony if MR. St. John was not being verge ful for exposing his crimes?

The states on a Expert will now testify forme if I get a neutral, that it was not me who hit and stalled out the camery. This is No small matter.

Obviously, if my truck died not hit and stell out the camery, somebody else, other than me, had to do it. I never hit that camery, and

*12 my appointed Attorney left out the testimony that proves it, and used perored testimony in his brief instead that incriminates me. He has done this on purpose, He knew better.

This is not just "normal Representation" which does not satisfy the constitutional requirement its an act of terrorism - of sorts. He, please forgive the Harshness of this analogy, but how body feel violated, He has an efficient mind of an unrepentant lie, in the way he has and does represent me. He used my miscaracter to forcibly take my rights to communicate in Artraden and hoster my rights to motion for neutral proceedings - I had to file my own motion that got ignored. my right to counsel, and now he has actively sought out to ruin my appeal brief just to pit me and violate me further, and Judge which could not care less.

MR. ST. John has broken the Law he is "trying" to destroy my life and he is making a mockay, along with Judge which, of the Justice system. Is he allowed to break the law and nobody will protest me? They clearly have no respect for your court, and would have you waste your time on an appeal not based on its merits. They will fully want you to be a part of their cutters involving moral, turpitude. That Lacks

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respect for your court and the legal system, in my humble opinion.

Idesperately need legal assistance, So, I pray, and, motion to abate Appell to substitute counsel, motion for Beach warrant to consult with new counsel, motion for ch of Appell to take Action under canon 302, motion for ct of Appell to take Action under canon 301, and motion for ch of Appell to disregard Appeal brief filed by MA St John

I further pray that the court of appell use my 5 notices to Julye wisch to support there motions, especially the 24 page notice and the 4th 18 page notice that detail each no oraphnory rulewrelated and the laws broken by MA St John. orders (2) ordergrating motion to abate to substitute counsel (3) order granting motion for Beach warrant to rarrant co: (4) order granting motion for ch of Appell to take Action under canon 302 (5) order granting motion for ch of Appell to take action under canon 303 (6) order granting motion for court of Appell to disregard Appeal Brief filed by MA J. Warren St John.

respectfully submitted

4 of Appell

90192945

Benjamin 2 Stewart

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Court of Appeals

second District of Texas

Nos. 02-15-00164-CR 02-15-00165-CR 02-15-00166-CR 02-15-00167-CR

Benjamin Reyssey of the Benjamin Toddssey of Appellant VS.

The state of Texas state from the 322nd Judicial District Court of Torrent County Trial Court case Nos. 213360130, 13360140,13760150, 13360160 orders

O order quantity motion to abate to substitute counsel Oorder quantity motion for Beck Wormant to Torrent co. O order quantity motion for et of appeals to take action on canary 308 O order quantity motion for ct of Appeals to take action on canary 301 S order quantity motion for chief appeals to disregard appeal Brief submitted by Atty 7: Werner st. John of. of Appeals Judges

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