Ronald F. Avery
1955
830/372-5534
10/21/05
Mr. Tommy Crow
Editor/Publisher
830/379-5402
Re: Short and Sweet – Avery v. GBRA et al
Dear Mr. Crow,
1. Avery
sues GBRA for damage to his property (lands, person, goods and reputation)
protected by Art 1 Sec 13 of
2. GBRA claims that the State of Texas has lawfully “presumed” to have absolute sovereign immunity to kill the subjects and steal or destroy all their liberties and possessions without recourse to the courts unless waived by the Texas Tort Claims Act of 1969 (TTCA) or congressional resolution first obtained by complainant.
3. Trial Court Judge agrees and dismisses suit and Avery appeals to 4th Court of Appeals (4th COA) in San Antonio and complains that it is unlawful for the State to “presume” any such authority and that it does not own the Citizen’s lives liberties or possessions and that no man has authority to harm another and that no one can delegate to another more than he has in himself and government can therefore never acquire immunity to harm anyone and backs it up with 350 years of evidence and Constitutional law.
4. Art 1 Sec 13 also says “All courts shall be open for any person harmed in those things and guarantees that they shall have due course of the law.
5. Art 1 Sec 29 says that the State of Texas shall not transgress any of the Art 1 “Bill of Rights” provisions and those provisions shall be forever inviolate.
6. Art 1 Sec 29 also says that all laws contrary to the “Bill of Rights” (Art 1 provisions) shall be void.
7. 4th COA writes “Memorandum Opinion” citing 8 Supreme Court of Texas cases that relate to various provisions of the TTCA itself.
8. No cite relates to the underlying “presumption” of State “absolute sovereign or governmental immunity” to “harm the Citizens without judicial recourse.”
9. They do not cite any Constitutional provisions much less any that permits the courts to be closed to claims against the State.
10. Avery shows that Art 16 Sec 48 does not permit the State to adopt any statute or case or common law that exists prior to the Constitution if it is repugnant to the constitution.
11. Avery shows that Art 2 Sec 1 does not permit the Legislature to exercise powers that belong to the Judiciary, i.e., that close courts to claims against the State for harming the Citizens under Art 1 provisions.
12. Avery shows Dickson v. Strickland Sup Ct Tex 1924 that says the State cannot make any “presumption” against the rights and liberties of the “Sovereign Citizens” without an “explicit affirmative declaration of such intent” in the Constitution of Texas.
13. Dickson v. Strickland also said, as if not known by all, that Constitutional provisions are superior to all case and common law or statutes, codes and all other forms of law and that if any are contrary to the constitutional provisions “it is the plain duty of the Supreme Court to declare them void.”
14. 4th COA “affirms” the Trial Court decision and “denies” Avery’s Motion for Rehearing and Avery appeals to the Supreme Court of Texas.
15. The Supreme Court “denies” Avery Petition for Review and “denies” his Motion for Rehearing.
16. Avery submitted 7 Constitutional provisions plus 350 years of history and legal scholars, deans and professors and two Texas Supreme Court cases that the TTCA is unconstitutional and must be found void.
17. The GBRA cited 34 cases and no constitutional provisions and the 4th COA cited 8 cases (some duplicates) and no constitutional provisions granting or permitting such authority “presumed” or otherwise.
18. Avery destroyed the “presumption” of “absolute sovereign immunity to harm the citizens without judicial recourse” and all levels of the Texas Judiciary conspired with the Texas Legislature to steal the lives liberties and possessions of the citizens of Texas and continued a state of war with them in violation of the social contract our forefathers consented to and that which we tacitly agreed to.
19. The State
of
Sincerely,
Ronald F. Avery
Sovereign man in the State of