Friday, October 26, 2007

a person of good intent should not be harmed, and one should treat others as one would like to be treated..ever heard about it?.

Natural justice~ Filed Fraudulent evidence and beared false witness against thy neighbor~ I want the originals
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Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. The concept is very closely related to the principle of natural law (latin: jus naturale) which has been applied as a philosophical and practical principle in the law in several common law jurisdictions, particularly the UK and Australia.[1]

According to Roman law certain basic legal principles are required by nature, or so obvious that they should be applied universally without needing to be enacted into law by a legislator. The assertion in the United States' Declaration of Independence, "We hold these truths to be self-evident," expresses some of this sentiment. The rules or principles of natural justice are now regularly applied by the courts in both common law and Roman law jurisdictions. Natural justice operates on the principles that man is basically good, that a person of good intent should not be harmed, and one should treat others as one would like to be treated.[2]

Natural justice includes the notion of procedural fairness and may incorporate the following guidelines:

* A person accused of a crime, or at risk of some form of loss, should be given adequate notice about the proceedings (including any charges).
* A person making a decision should declare any personal interest they may have in the proceedings.
* A person who makes a decision should be unbiased and act in good faith. He therefore can not be one of the parties in the case, or have an interest in the outcome. This is expressed in the latin maxim, nemo judex in sua causa: "no man is permitted to be judge in his own cause".
* Proceedings should be conducted so they are fair to all the parties - expressed in the latin maxim audi alteram partem: "let the other side be heard".
* Each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party.
* A decision-maker should take into account relevant considerations and extenuating circumstances, and ignore irrelevant considerations.
* Justice should be seen to be done. If the community is satisfied that justice has been done, they will continue to place their faith in the courts.[3]

[edit] Notes and references

1. ^ See, e.g., "Natural Justice and Procedural Fairness" (.pdf file)
2. ^ Michael Brogan,Wayne Gleeson, Tony Foley, Veronica Siow and Therese Ejsak, Heinemann Legal Studies p12-13
3. ^ Ken Binmore, Natural Justice, Oxford University Press, 2005 [1]

[edit] See also

Tuesday, October 16, 2007

"I need to bring on one more attorney to make sure the cases get heard in a timely manner and to reduce the backlog of cases for me and everybody ....


Like who? Hubert is a wannabe fine print fuck you over because you did not read the part where it states "you will owe him your first born child" and that "if you purchase a brand new car and you drive it off the lot and it blows up, that you are still going to have to pay for it."


from Archives: Kingsville Journal


Historic Appointment

Kleberg, Kenedy get their own DA

Gov. Perry gives Hubert the appointment

Georgia Wingate Thompson, The Kingsville Journal

One of Kleberg County's founding families, the Huberts, already have their names written in area history books and another chapter has been added with the appointment of local attorney John T. Hubert as the first district attorney of Kleberg and Kenedy counties.

Pursuant to Senate Bill 1951 of the 80th Legislature, which created a district attorney's office for both counties, Gov. Rick Perry gave the nod to Hubert as first district attorney of Kleberg and Kenedy counties, to serve a term until the next general election. Other applicants for the job included Kleberg County Attorney Alfred Isassi and deputy district attorney Ida Trevino.

Carlos Valdez has served as district attorney for not only Nueces County but also Kleberg and Kenedy counties since being elected in 1992. Hubert said Valdez has a vested interest in Kleberg and Kenedy counties, the Kingsville community and will continue to be helpful.

According to a memo from the office of Local Government Assistance and Economic Development Texas Comptroller of Public Accounts, the state will provide $33,630 for the new office's expenses and an annual travel allowance of $3,500. The annual salary and benefits for the district attorney is $125,000 and $19,684 respectively.

Hubert was sworn-in during a small private ceremony in Austin last Sept. 1 by a Texas Supreme Court Justice. He immediately started to work by going to the office Sunday and said he considers the job to be full-time and after hours, too.

"I'm totally focused on this job and wanted to start off on a good and positive note and understand how things work," said Hubert. "There are a lot of good things in the office that don't need changed."

But this also means that Hubert will be taken away from his young family, Ezekiel, 4, and Isabel, 23-months, and wife, Amy. Hubert says he can work around that situation.

"Well, I'll just have to get up earlier and fix breakfast for the kids because I like to do that," Hubert said. "I don't do it every day, but I do like to do it."

I thought he worked in CC? No, he don't have a JOB in Iraq, never did.

As every GI I know, automatically wakes up early and would never say something as stupid as
"Well, I'll just have to get up earlier and fix breakfast for the kids because I like to do that," Hubert said. "I don't do it every day, but I do like to do it."

He and his are nothing but racist haters who convict who hegemony Hitler complex brethren agree.

Numerous family members, friends, law enforcement officers, community leaders, elected officials and friends attended Hubert's swearing in ceremony Thursday afternoon by 105th District Judge Manuel Banales.

Banales told the crowd that it was a great day for Kleberg and Kenedy counties and that both counties are fortunate to have someone like John Hubert.

"This first D.A. for both counties is by the will of the people and cooperation of the legislature and governor that we have a competent and able D.A.," Banales said.

Offering his remarks., Kleberg County Judge Pete De La Garza said the appointment of a D.A. was long overdue.

"It's been a long road and we've come a long way," said De La Garza. "My only regret is that your dad is not here today. He would be so proud of you."

Hubert's father, Dr. Pat Hubert, D.V.M., died suddenly Dec. 2, 2006.

When I grow up

I want to be…

Growing up in the southern part of Kleberg County, one of the late Dr. Pat and Goldia's nine children, Hubert said he didn't have political aspirations, but rather thought he'd like be a police officer, soldier or a priest. He does work in law enforcement and did become a soldier.

In the Army, Hubert led a tank platoon into combat in the First Gulf War, Desert Storm. Most recently he served in Iraq as a Civil Affairs Team Leader. As a major in the United States Army Reserves, Hubert currently serves as the Commander of HHC 451st Civil Affairs Battalion in Pasadena, Texas. Hubert recently worked as a solo practitioner in Kingsville and as an associate with Hornblower, Manning, Ward, Harrison, Vencia and Rodriguez P.C. in Corpus Christi, where he was licensed to practice in the Texas Southern, Eastern and Northern Federal District Courts.

He formerly served as an assistant district attorney of Nueces County from 1999 to 2000. In 2000 he was transferred to Kingsville upon his request and worked as an assistant district attorney and eventually the managing assistant district attorney of Kleberg and Kenedy counties until 2004.

Elected officials enthused

over the appointment

In being appointed as the county's first district attorney Hubert is well aware that he's making history and plans to do the job right.

"This is the first time these counties (Kleberg and Kenedy) have had a district attorney of their own and we can now create a more responsible legal system," Hubert said. "It enables the district attorney to work closer with law enforcement than ever before and I'm looking forward to working with these guys."

Kleberg County Judge Pete De La Garza said he thought Hubert would do an excellent job and said he, along with State Sen. Eddie Lucio, had been in favor of Hubert's appointment by the governor.

"I think his appointment was the wise thing to do," De La Garza said. "I supported him all the way and Sen. Eddie Lucio was also instrumental in his appointment."

Kleberg County's top law enforcement official, Sheriff Ed Mata, was enthusiastic over the prospect of working closely with Hubert in helping solve the local jail's overcrowding problems.

"I love the man!" Mata said. "He knows the situation at the jail and I think that together we can work together to reduce inmate population and use this facility as it was intended."

Mata said he called and wished Hubert well and sent him a prayer. For his part, Hubert says that he is just one member of the law enforcement family and is looking forward to working with area officers.

"These guys are extremely dedicated," Hubert said. "If you go to Corpus Christi they are doing the same job for more money, but our guys do it for less because they live here, love their neighborhoods and want their kids to grow up here. They are willing to do what is best for the community."

Future plans

Hubert says he is excited about the opportunity to work and make a difference in the community where he grew up and is focused on the challenges of setting up a new office, and he hopes to work with other law enforcement to make the community a safer place.

"Right now I'll be working with less attorneys than before," Hubert said. "I need to bring on one more attorney to make sure the cases get heard in a timely manner and to reduce the backlog of cases for me and everybody else."

That is why he is a waste.......he is not going to risk anything.... "one more attorney to make sure the cases get heard"

Lord knows he is a backlog of malicious prosecuting, abuse of offics and worst of all violating his JOB as a human being bearing false witness against his neighbor. But in order to see that .....ask the local A&I recruiters.

Hubert has high praise for the office's talented secretaries, who, he said, allow the attorneys to do their jobs.

"We are also trying to approach the office in a regional manner by talking with other attorneys to help us with the backlog," Hubert said.

As far as a political future Hubert says he will definitely run for district attorney when it is on the ballot.

"I don't know what the future holds, but I could see doing this job forever," Hubert said. "I am happy, proud and honored to be chosen to represent the State of Texas."

Sunday, October 07, 2007

You can not benefit from a lie........incomplete/silent record which fails to be complete and audible, Justice is truth ~not so for you right John?

Send this document to a colleague Close This Window

NUMBER 13-06-147-CV







On appeal from the County Court at Law

of Kleberg County, Texas



Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Appellant, Vera Shoemaker, perfected an appeal from a judgment entered by the County Court at Law of Kleberg County, Texas, in cause number 04-044-C. On June 14, 2006, appellant filed a motion for new trial based on an incomplete record. On November 2, 2006, this Court abated the appeal and remanded the case to the trial court to make findings on these issues: 1) if, without the appellant's fault, a significant portion of the court reporter's notes and records have been lost or destroyed or - if the proceedings were electronically recorded - a significant portion of the recording has been lost or destroyed or is inaudible; 2) if the lost, destroyed, or inaudible portion of the reporter's record is necessary to the appeal's resolution; and 3) if the lost, destroyed, or inaudible portion of the reporter's record cannot be replaced by agreement of the parties.

The trial court's findings and recommendations were received and filed in this Court on December 18, 2006. The trial court found that approximately one-half of the record was audible, the latter half of the proceeding was not complete and audible, and that the incomplete and inaudible portion of the record constituted a significant portion of the record, which cannot be reconstructed. The trial court recommended that because of the unavailability of a significant portion of the record, the case should be remanded for a new hearing.

The Court, having examined and fully considered the documents on file and the trial court's findings and recommendations, is of the opinion that the matter should be remanded for a new trial. Appellant's motion for a new trial based on an incomplete record is granted. The judgment of the trial court is REVERSED, and the cause is REMANDED for a new trial.


Memorandum Opinion delivered and

filed this the 29th day of March, 2007.

Wednesday, October 03, 2007

John John like Junior John both "confession of error" experts to protect their crimes.......

John John like Junior John both "confession of error" experts to protect their crimes
Posted on September 9, 2007 at 03:14:56 AM by d1

An issue of fairness

The discovery process is central to the American concept of a fair trial.

"Society wins not only when the guilty are convicted but when criminal trials are fair," wrote U.S. Supreme Court Justice William O. Douglas in 1963.

"Our system of the administration of justice suffers when any accused is treated unfairly."

His words were at the core of the Supreme Court's Brady vs. Maryland opinion, which set the standard for discovery rules in this country.

John L. Brady and an accomplice were convicted of murdering a man during a robbery. Both were sentenced to death.

But during Brady's trial, prosecutors withheld a police report that had been requested by defense attorneys, in which Brady's accomplice confessed to pulling the trigger.

The court ruled that by withholding the evidence, the prosecutor violated Brady's rights under the equal protection clause of the 14th Amendment to the Constitution.

Even if such information is withheld unintentionally, the court said, a defendant might still be entitled to a new trial or a new hearing on his sentence.

Brady's case was remanded for re-sentencing and he was spared the death penalty and given life in prison.

But as with many Supreme Court rulings, a clear statement of principles can become fuzzy in its application. To rectify discovery violations, the Supreme Court adopted a test that begins and ends with one basic premise: A conviction should be reversed only if the verdict would have been different had the discovery information withheld by prosecutors been known at the trial. Otherwise, the discovery violation is "harmless error" - and the original court verdict should stand.

In its investigation, the Post-Gazette found that the test has evolved into a devious calculation by many federal prosecutors: How much favorable evidence can be withheld without risking a reversal on appeal?

Rather than abide by the Supreme Court's admonition that their goal should be to ensure a fair trial, many prosecutors try to figure just how much they can cheat. Ignoring discovery rules improves the chances of a prosecutor winning a conviction with little risk of penalty.

Bennett L. Gershman, a former New York state prosecutor, wrote a legal textbook focusing on the methods and motivations of prosecutorial misconduct. The prime motivator: "Prosecutors want to win."

"Brady violations account for more miscarriages of justice than any other violation," said Bennett L. Gershman, a former New York state prosecutor and now a Pace University of New York law professor.

Gershman wrote "Prosecutorial Misconduct" in 1997 and has explored discovery violations and the motives behind them.

"Prosecutors want to win," he said. "Some believe the defendant is so guilty that any information that contradicts the guilt can't be trustworthy, so they believe they don't have any obligation to turn over untrustworthy material while telling themselves they are being honest."

The double whammy for defendants, of course, is that there's no guarantee that favorable evidence, once hidden by prosecutors, will ever be revealed.

"People have been sent to prison for many, many years before they find that [prosecutors knew of] exculpatory evidence, but that's the built-in contradiction," Gershman said.

"If the information is hidden, how do you find it?" Gershman asked. "How do you get it to make a claim? Much of this information will never see the light of day, even if it may be critical in proving the defendant's innocence."

That hasn't always been the way federal prosecutors operated.


Monday, October 01, 2007

Since when has "that's not really evidence." ever stopped this loser? watt he is really saying is "there is nothing in it for me".......right~ it's...

Jails rethink commissary contracts

By Denise Malan (Contact)
Monday, October 1, 2007

CORPUS CHRISTI — Two local sheriffs are distancing themselves from their predecessors' decisions to award jail commissary contracts to a company involved in a criminal investigation in Bexar County.

Kleberg County Sheriff Ed Mata said last week officials are researching ways to end that county's five-year agreement with the company, Premier Management Enterprises. Nueces County Sheriff Jim Kaelin gave Premier a 30-day termination notice on Jan. 24, after taking office.

Former Bexar County Sheriff Ralph Lopez resigned and pleaded no contest to accepting a trip to Costa Rica from the principals of Premier. The Lafayette, La., based company runs the county jail commissary.

Neither Kaelin nor Mata has documentation corroborating what their staffs have told them -- that their predecessors, Larry Olivarez of Nueces County and Tony Gonzalez of Kleberg County, went on that August 2005 trip. Neither Gonzalez nor Olivarez has responded to requests for comment.

There is no known investigation in Nueces or Kleberg counties.

"At this point no case has been submitted to me," Kleberg County District Attorney John Hubert said. "If something is submitted to me, I take every case on its own merits. I don't have any information other than what I've read in the papers and -- no offense to anybody -- that's not really evidence."

Nueces County District Attorney Carlos Valdez was out of the office late last week, and the Bexar County District Attorney's Office did not respond. The FBI would not comment.

Olivarez signed a contract with Premier five months after the Costa Rica trip involving the former Bexar County sheriff. Gonzalez signed a contract in September 2004.

Premier's principals, Patrick and Michael LeBlanc, also own LCS Correctional Services, which is building a private prison to house federal inmates near Robstown. A receptionist at Premier referred all questions to the company's chief executive officer, Chris Burch, who did not respond.

An attorney for the company, Tonya Webber of Corpus Christi, said her clients have not been commenting because of the open investigation in Bexar County. She said she would check with her clients for comment on the local contracts but did not respond after that.

Kaelin and Mata both cited performance issues with Premier as reasons for terminating the contract. Mata said the Bexar investigation also played a part.

"What I'm trying to do is just protect this county," Mata said. "I'm not trying to pass any judgment if something was done wrong."

Kaelin said his decision was based solely on Premier's performance. He met with Premier officials about complaints before ending the agreement, according to correspondence the Caller-Times obtained under the Texas Public Information Act. Kaelin and Premier also tangled over payments.

A new contract, with Keefe Supply, also is potentially more lucrative for the county. The Premier contract gave the county $130,000 or 31 percent of net sales, whichever was greater. The new contract gives a minimum of 39 percent with the possibility of 41 percent after the first year.

Texas law gives sheriffs sole discretion over commissary contracts. Commissaries supply snacks, such as chips, candy bars and soda, as well as certain toiletries, for inmates.

Friends and family put money in an inmate's account to spend on commissary items. A county's proceeds must be used for commissary staff, social needs of inmates (such as education or counseling), libraries, writing materials, clothing, hygiene items or other programs that contribute to inmates' well-being, according to state law. Kaelin said he uses commissary profits to buy newspaper subscriptions, televisions and uniforms.

Kaelin said inmates frequently complained about Premier's service. Under that system, inmates would order items to be packed into bags, shipped from San Antonio and handed out the next day. Kaelin said his office received numerous complaints about items being damaged or wrong.

Keefe stores items at the Nueces County Jail McKenzie Annex and brings items around on a cart twice a week so inmates can choose and receive items immediately, Kaelin said.

Premier's accounting system also allowed inmates to buy on credit, and as a result some inmates would leave custody owing money to Nueces County, Kaelin said. Keefe's system charges inmates' accounts directly by scanning a bracelet inmates wear. An inmate can't buy items unless there is enough money in the account.

Contact Denise Malan at 886-4334 or