Applications for Writs of Mandamus
Pending in the Supreme COurt
The following Applications for Writs of Mandamus were
filed to put the Supreme Court on notice regarding the undeniable problems with
the Texas Rules of Disciplinary Procedure which the Supreme Court readopted on January 1, 2004. The
reality is that the Texas Rules of Disciplinary Procedure are corrupt and
unconstitutional.
- FIFTEEN August
1, 2004 Relator's Application for Writ of
Mandamus Regarding Void Orders
(Cause No. 14-04-00726-CV; In re: John WorldPece, Fourteenth Court of
Appeals, Harris County, Texas)
SUMMARY: This is a mandamus regarding Judge Fry's lack of
jurisdiction per Rule 301 TRCP conformity, Rule 3.01 TRDP appointment, and
Rule 4.06A TRDP standing. WorldPeace's position is that Judge Fry had
no standing and the entire Judgment for Disbarment is void.
MEMORANDUM
OPINION issued on August 12, 2004.
- FOURTEEN March
30, 2004 Relator's Application for Writ of
Mandamus
(Cause No. 14-04-00292-CV; In re: John WorldPece, Fourteenth Court of
Appeals, Harris County, Texas)
SUMMARY: This is a mandamus regarding an automobile Deceptive
Trade Practice lawsuit in Civil County Court at Law No. Four in Harris
County where WorldPeace was illegally
disqualified as attorney of record and the trial court refused to rule on a
Motion to Recuse and proceeded to trial. This is also regarding a
civil suit in the 280th District Court involving a suit against a minister in which
the court illegally disqualified WorldPeace as attorney of record for Joyce
Wolter and stated in open court that the court was going to deny any and all
motions regarding WorldPeace as a party in the lawsuit.
NOTICE
OF FILING submitted on April 1, 2004
MEMORANDUM
OPINION issued on June 29, 2004.
- THIRTEEN March
10, 2004 Relator's Application for Writ of
Mandamus Regarding Final Judgment in the 281st District Court and Dismissal
of Appeal in the First Court of Appeals (Cause No. 04-0234; In
re: John WorldPeace, Supreme Court of Texas)
SUMMARY:
This is a mandamus regarding the 281st District Court not having a final
judgment and the First Court of Appeals dismissing the Appeal for Want of
Prosecution.
DENIED
without comment on April 16, 2004.
MOTION
FOR REHEARING submitted on May 3, 2004
DENIED
without comment on June 11, 2004.
- TWELVE December
10, 2003
Relator WorldPeace's Application for Writ of Mandamus
Regarding the Recusal of Respondent (Cause No.
03-1139; In re: John WorldPeace, Supreme Court of Texas)
SUMMARY:
This is a mandamus regarding Judge Fry's Abuse of Discretion by not recusing
himself from the underlying disciplinary petition.
DENIED
without comment on January 16, 2004. The Supreme Court has determined
that a Judge does not have to recuse himself due to multiple Abuses of Discretion.
MOTION
FOR REHEARING submitted on February 2, 2004
DENIED
without comment on March 5, 2004.
- ELEVEN December
3, 2003
Relator WorldPeace's Application for Writ of Mandamus
Regarding the Texas Rules of Disciplinary Procedure's Violations of the
Equal Protection Guarantee of the Texas Constitution and the Texas Equal
Rights Amendment (Cause No. 03-1117; In
re: John WorldPeace, Supreme Court of Texas)
SUMMARY:
The Commission for Lawyer Discipline manipulated the grievances against me
into Allen Levine's committee where it was known that he would come back
with a "just cause" finding and a suspension or disbarment
recommendation. The State Bar violated my constitutional rights of
equal protection under Article 1 Section 3 and 3A of the Texas Constitution
by discriminating against me for my religious activism specifically stating
on my webpage that Ariel Sharon 's treatment of the Palestinians is similar
to the treatment of the Jews by Adolf Hitler. (Short of Hitler's death
camps)
DENIED
without comment on February 6, 2004. The Supreme Court has determined
that a non-attorney can determine which complaints move on as grievances and
which are just complaints. The Supreme Court has also allowed the
State Bar to violate WorldPeace's equal protection rights against the
Constitution.
MOTION
FOR REHEARING submitted on February 23, 2004
DENIED
without comment on April 2, 2004
- TEN
November 24, 2003
Relator WorldPeace's Application for Writ of Mandamus
Regarding Res Judicata and Complainant Collins (Cause
No. 03-1084; In re: John WorldPeace, Supreme Court of Texas)
SUMMARY: Judge Fry retried the Collins restitution matter
that had been tried to conclusion in the 281st District Court. The Commission's Plea to the Jurisdiction had not been granted in the 281st
District Court and so the Final Judgment also barred the Commission from filing
a second suit on WorldPeace.
DENIED
without comment on January 2, 2004. The Supreme Court has determined
that a complaint which was already tried can be tried again through the
grievance process contrary to Rule 97(a) TRCP.
MOTION
FOR REHEARING submitted on January 20, 2004
DENIED
without comment on April 23, 2004.
- NINE November 24, 2003
Relator
WorldPeace's Application for Writ of Mandamus Regarding Judge Fry's
Interlocutory Judgment for Disbarment and Defacto Disbarment of WorldPeace
(Cause No. 03-1083; In re: John WorldPeace, Supreme Court of
Texas)
SUMMARY: Judge Fry attempted to use a defunct Mafrige "mother
hubbard" clause to dismiss the majority of WorldPeace's counterclaims,
refused to try the unadjudciated issues in the underlying lawsuit, and refused to set aside or
modify his August 27, 2003, Judgment for Disbarment which is
interlocutory. The net effect has been to create a defacto disbarment
of WorldPeace.
DENIED
without comment on January 2, 2004. The Supreme Court has determined
that you can defacto disbar an attorney with an Interlocutory Judgment for
Disbarment.
MOTION
FOR REHEARING submitted on January 20, 2004
SUPPLEMENT
TO MOTION
FOR REHEARING submitted on April 2, 2004
DENIED
without comment on April 23, 2004.
- EIGHT
November 24, 2003
Relator WorldPeace's Application for Writ of Mandamus
Regarding Judge Fry's Refusal to Rule on WorldPeace's Motions or Try the
Unadjudicated Issues (Cause No. 03-1082; In
re: John WorldPeace, Supreme Court of Texas)
SUMMARY: Judge Fry's refusal to set a hearing on
WorldPeace's Motion to Compel Rule 3.01 documents which prove Molleston lied
to the court and Judge Fry's refusal to try the unadjudicated issues in the
underlying lawsuit.
DENIED
without comment on January 2, 2004. The Supreme Court has determined
that a judge does not have to adjudicate all issues in a disciplinary action
and the attorneys at the State Bar can lie to the court at will.
MOTION
FOR REHEARING submitted on January 20, 2004
DENIED
without comment on April 23, 2004.
- SEVEN November 21, 2003
Relator
WorldPeace's Application for Writ of Mandamus Regarding the Fifth
Amendment, The Texas Rules of Disciplinary Procedure and the Texas
Disciplinary Rules of Professional Conduct (Cause
No. 03-1079; In re: John WorldPeace, Supreme Court of Texas)
SUMMARY: Judge Fry disbarred WorldPeace seven times (one
for each violation) for asserting his
right against self incrimination during the grievance investigatory process.
DENIED
without comment on January 2, 2004. The Supreme Court has determined
that an attorney can be disbarred for invoking the Fifth Amendment under Rule
8.04(a)(8) TDRPC and Rule 1.06(Q)(4) TRDP.
MOTION
FOR REHEARING submitted on January 20, 2004
DENIED
without comment on April 23, 2004.
- SIX November 19, 2003
Relator World Peace's Application for Writ of Mandamus
Regarding Restitution and the Texas Disciplinary Rules of Professional
Conduct (Cause No. 03-1069; In re: John
WorldPeace, Supreme Court of Texas)
SUMMARY: Judge Fry awarded restitution under Rule 3.12
TRDP to Complainant Collins when the plea for restitution was barred by res judicata.
Restitution was awarded to Complainants Lang, Fraser-Nash, and Williams when
no fact question was submitted to the jury regarding TDRPC Rule 1.14(a),
1.14(b), and 1.14(c).
DENIED
without comment on January 2, 2004. The Supreme Court has determined
that a complainant can be awarded restitution when it was not pled by the
Commission or submitted to the jury.
MOTION
FOR REHEARING submitted on January 20, 2004
RESPONSE REQUESTED
on February 24, 2004
REPLY
on February 27, 2004
SUPPLEMENTAL
REPLY on March 8, 2004
RESPONSE on
March 4, 2004
REPLY
TO RESPONSE on March 8, 2004
DENIED
without comment on April 23, 2004.
MOTION TO STAY JUDGMENT
FOR DISBARMENT on March 3, 2004
RESPONSE on
March 5, 2004
REPLY
TO RESPONSE on March 8, 2004
DENIED
without comment on March 26, 2004.
NOTICE
OF FILING on
March 11, 2004
- FIVE November 18, 2003
Relator WorldPeace's Application for Writ of Mandamus Regarding Expert Witnesses
and Rule 1.03 (A & B) and 1.15(D) Texas Rules of Disciplinary Procedure
(Cause No. 03-1070; In re: John WorldPeace, Supreme Court of
Texas)
SUMMARY: Judge Fry did not require the Commission to put
on an expert witness in the underlying lawsuit to prove up "a
reasonably prudent and competent attorney" as is required to prove up
Rule 1.03(a), 1.03(b), and 1.15(d) TDRPC violations.
DENIED
without comment on January 2, 2004. The Supreme Court has determined
that an Expert Witness is not necessary to prove a reasonable and prudent
attorney in a disciplinary petition for violation of TDRPC rules that
include the word reasonable or reasonable per the definitions but the some
is required in a legal malpractice case.
MOTION
FOR REHEARING submitted on January 20, 2004
DENIED
without comment on April 23, 2004.
- FOUR November 13, 2003 Relator
WorldPeace's Application for Writ of
Mandamus Regarding Rule 41 TRCP (severed lawsuits) and Rule 174(b)
(separate trials within one lawsuit) (Cause No.
03-1049; In re: John WorldPeace, Supreme Court of Texas)
SUMMARY: Judge Fry separated WorldPeace's mandatory
counterclaims under Rule 174(b) TRCP when he ordered a Rule 41 TRCP
severance at pretrial. This is an abuse of discretion.
DENIED
without comment on December 19, 2003. The Supreme Court has determined
that sever does not mean sever.
MOTION
FOR REHEARING submitted on January 5, 2004
DENIED
without comment on February 13, 2004.
February 24, 2004,
Relator's Application for Writ of Mandamus Regarding Rule 41 TRCP (severed lawsuits) and Rule 174(b)
(separate trials within one lawsuit) (Cause
No. 14-04-00172-CV; In re: John WorldPeace, 14th Court of Appeals, Harris County,
Texas)
(Filed in the
Fourteenth Court of Appeals (Cause # 14-03-01339-CV; John WorldPeace v.
Commission for Lawyer Discipline, 14th Court of Appeals, Harris County, Texas)
MEMORANDUM
OPINION issued on June 29, 2004.
- THREE November
10, 2003
Relator WorldPeace's Application for Writ of Mandamus
Regarding Date of Disbarment and Plenary Power to the Supreme Court
(Cause No. 03-1022; In re: John WorldPeace, Supreme Court of
Texas)
SUMMARY: Judge Fry defacto disbarred WorldPeace by
setting a disbarment date prior to the date the court's plenary power
expired and the Judgment for Disbarment become enforcable.
DENIED
without comment on December 12, 2003. The Supreme Court has determined
that you can be disbarred when the disbarment is not enforceable.
MOTION
FOR REHEARING submitted on December 29, 2003
DENIED
without comment on February 6, 2004.
February 24, 2004,
Relator's Application for Writ of Mandamus Regarding Date of Disbarment and Plenary Power to the Supreme Court (Cause
No. 14-04-00170-CV; In re: John WorldPeace, 14th Court of Appeals, Harris County,
Texas)
(Filed in the
Fourteenth Court of Appeals (Cause # 14-03-01339-CV; John WorldPeace v.
Commission for Lawyer Discipline, 14th Court of Appeals, Harris County, Texas)
MEMORANDUM
OPINION issued on June 29, 2004.
- TWO November
10, 2003 Relator WorldPeace's Application for Writ of Mandamus
Regarding Petitioner's Motion for No-evidence Summary Judgment to the
Supreme Court (Cause No. 03-1023; In re:
John WorldPeace, Supreme Court of Texas)
SUMMARY:
Judge Fry granted Summary Judgment on issues that were never pled in the Commission's Second
Motion for No-evidence Summary Judgment and granted Summary Judgment
on issues to which
no elements were pled by the Commission as required by Rule 166a(i).
DENIED
without comment on December 12, 2003. The Supreme Court has determined
that MUST dictate of Rule 166a(i) does not mean MUST in a disciplinary
petition.
MOTION
FOR REHEARING submitted on December 29, 2003
DENIED
without comment on February 6, 2004.
February 24, 2004,
Relator's Application for Writ of Mandamus Regarding Petitioner's Motion for No-evidence Summary Judgment to the
Supreme Court (Cause
No. 14-04-00171-CV; In re: John WorldPeace, 14th Court of Appeals, Harris County,
Texas)
(Filed in the
Fourteenth Court of Appeals (Cause # 14-03-01339-CV; John WorldPeace v.
Commission for Lawyer Discipline, 14th Court of Appeals, Harris County, Texas)
MEMORANDUM
OPINION issued on June 29, 2004.
- ONE October 24, 2003
Relator WorldPeace's Application for Writ of
Mandamus Regarding Rule 3.01 and 3.02 of the Texas Rules of
Disciplinary Procedure to the Supreme Court (Cause
No. 03-0990; In re: John WorldPeace, Supreme Court of Texas)
SUMMARY:
Judge Fry had no authority to preside over issues regarding five
complainants added to the original Collins disciplinary petition without
filing them with the Clerk of the Supreme Court as is mandated by Rule 3.01
TRCP and Rule 3.02 TRCP.
DENIED
without comment on December 5, 2003. The Supreme Court has determined
that the word MUST in Rule 3.01 does not mean MUST.
MOTION
FOR REHEARING submitted on December 17, 2003
DENIED
without comment on January 23, 2004.
January 23, 2004,
Relator's Application for Writ of Mandamus Regarding Rule
3.01 and 3.02 Texas Rules of Disciplinary Procedure (Cause
No. 14-04-00042-CV; In re: John WorldPeace, 14th Court of Appeals, Harris County,
Texas)
(Filed in the
Fourteenth Court of Appeals (Cause # 14-03-01339-CV; John WorldPeace v.
Commission for Lawyer Discipline, 14th Court of Appeals, Harris County, Texas)
DENIED
with Memorandum Opinion on February 12, 2004.
MOTION
FOR REHEARING submitted on February 20, 2004
OVERRULED
without comment on July 1, 2004.
NOTICE
OF FILING submitted on April 8, 2004
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