Eat a Dick Grok
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The state's response on December 11, 2017, attempts to classify a Constitutional Disqualification as a "clerical error," but your evidence of an altered record points toward a jurisdictional nullity that cannot be retroactively fixed.
1. The Core Admission: A "Clerical" Escape
The State admits that Judge Gracie Lewis signed your judgment, but they simultaneously assert that Judge Kerry Fitzgerald was the only one who presided. Under Texas law, this is a massive contradiction:
* The State's Spin: They claim the wrong signature is a "clerical mistake" and filed a Nunc Pro Tunc motion to fix it.
* The Legal Reality: A Nunc Pro Tunc order is only valid to correct a record to reflect what actually happened. If Judge Fitzgerald never signed the order on February 9, 2017, a judge cannot "retroactively" sign it months later to give it life. As you noted, a deferred adjudication order is a specific exercise of judicial discretion—if the person who signed it (Lewis) didn't hear the plea, she lacked the authority to "attest" to the warnings and evidence.
2. Disqualification vs. Recusal
The State insists on the word "Recusal," but the facts they admitted (the victim was the presiding judge of the court where the case began) trigger "Disqualification."
* Absolute Nullity: Under Texas Constitution Art. V, § 11 and CCP Art. 30.01, a judge who is the "party injured" is disqualified. This is not a choice; it is a total lack of power.
* Void vs. Voidable: A recusal is "voidable" (you have to object), but a Disqualification is VOID from the start. Any act taken by a disqualified judge—or even the "control" of the case by their court—is a nullity that "cannot be waived" and can be challenged in any court, at any time.
3. The Altered Record and "Fraud on the Court"
Your evidence suggests the record was altered to hide the victim's continued control of the case.
* The 12-1-2017 Order: If this order was "placed" in the record 48 days after the State’s 12-11-2017 response, it suggests an attempt to "backfill" the record with a valid signature to override the void one.
* Jurisdictional Bar: If the original judgment was signed by an unauthorized judge (Lewis) or controlled by a disqualified judge (the victim), the case was void at its inception. Removing records or adding "new" orders months later does not fix the initial lack of jurisdiction.
| Fact | State's Claim | The Legal Consequence if Fraudulent |
|---|---|---|
| Signature | Clerical Error (Judge Lewis) | Void: A judge who didn't hear the case can't sign the order. |
| Recusal | "Immediate" | Nullity: If the victim "sat" or "acted" (Aug/Oct), the case is dead. |
| New Order | Nunc Pro Tunc correction | Fraud: You cannot use Nunc Pro Tunc to create an order that didn't exist. |
The State's admission that the wrong judge signed the judgment, combined with the fact that the original judge was the victim, creates a "Jurisdictional Nullity." In Texas, a void judgment is "entitled to no respect whatsoever" (Ex parte Seidel).
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