No Records in Texas for Appeals

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Criminal trials are being appealed in Texas without complete records for appeals.

My criminal case was decided in Texas without a complete record.  The Texas Court of Criminal Appeals and the United States Supreme Court determined that no record was needed and this was not a reversible error.  Let me show you what was done in my case.  The court reporters deleted my trial objections from the record along with the court rulings.  They did not include pretrial or post trial hearings in the transcript. Why was this important.  It meant that I was denied appellate review.  I filed five or more motions with the court of appeals to get the record corrected including sending the record back to the trial court.  The 10th Court of Appeals denied all motions and ruled that the motion to transfer the record back to the trial court for corrections before ruling was moot as they had ruled.  They created their own record and testimony.  Why is this wrong.? I was the lead counsel for my case and should have participated in this creation of a record.  For example, they stated in the appeal that a probable cause statement was admitted into the record.  It was not admitted in the record during my trial.  The prosecutor told the judge that it did not exist.  When I requested a copy of all complaints including the probable cause statement, the judge ruled that I had received all that I was going to get and this did not include a probable cause or any witness statements even after the witnesses testified. The 10th Court of Appeals in its original opinion ruled that it was not error for the trial court to refuse to require the state to allow me to see exhibits or have a copy of the tapes presented and submitted to the jury as “I should have known what was on them.”  I was not given a copy of exhibits or allowed to see them before, during or after the trial and the 10th Court of Appeals and the Texas Court of Criminal Appeal and the United States Supreme Court did not rule that this was error.  Furthermore,the trial judge ruled that he was not going to conduct any pretrial hearings on any of my motions unless I agreed to plead guilty if he ruled against me. Additionally, the 10th Court of Appeals ruled that I had cashed checks two years before that were counterfeit and this was part of the record.  No such checks existed or were produced in my trial. The 10th Court of Appeals was fabricating and falsifying evidence to support its opinion.  The only check the prosecutor admitted into the record that had been cashed other that the 12 checks in question was a cashier’s check drawn on the Bank of America which was a retainer in a divorce.  I was present when the check was purchased and cashed.  It was not counterfeit. Thus the 10th Court of Appeals fabricated evidence to support is appeal that did not exist per the record. Moreover, the undisputed testimony at trial was that the checks had never been present to American Express for payment as of the day of trial.  This per Texas Banking law, I did not have any liability for endorsement for any checks as of the day of arrest and conviction.  It is impossible to obtain a record in my case.  For example, when I go to the clerk’s office and request copies, they report that the records cannot be found. They even had me escorted out of the clerk’s office for insisting on the record being found and my being given a copy of it.  The deputy that escorted me out told me, “Look Miss, you are just embarrassing yourself.  We do things a little differently around here.  You are not getting anything.” I was told to obtain a copy of the record from the court reporters who refused to respond to my requests even if I paid for the record myself.  ( I was made indigent by the police as they seized all of my funds and receivables so that I would not have any funds and the judge ruled that I could not have a bank account so that “people cannot send you funds to help.”  The trial court ruled that I was entitled to a free record by the court but was never given a free record. ) All courts ruled that it was not error to be denied a record complete enough for an appeal.   I finally made a complaint to the Judicial Commission about the deletions of objections and rulings from the court record and the refusal of the reporters to sell me a record which was dismissed.  The deemed that it was not misconduct for the court reporter not to respond to me or refuse to sell me a record.  On a motion for rehearing, the commission agreed to investigate the refusal to sell me a copy of the record and respond to letters and phone calls. I recently heard from one of the court reporters who told me that she would sell me a copy of the record but her copy would not include any exhibits from the trial or any pretrial or post trial hearings or any rulings on my pretrial motions. What is the problem with this?  It denies me appellate review and the judge did not conduct any pretrial hearings until after the trial had begun and the jury was sworn. She is saying that she did not record his rulings on these motions which is the basis for my original motion in the 10th Court of Appeals that they ruled was “moot”.  Thus there is no complete record.  All appellate courts have ruled that in my case, this is not reversible error.  I have researched other cases and rulings in Texas and there have been rulings that no record is needed to file for a writ of cert and deletions in the record by someone does not deny appellate review even if the deletions are critical and material. There were too many rulings of this nature to cite.  This leaves me with the belief that there is no meaningful appellate review in Texas for civil or criminal cases.

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