The Field Review - Local

Court of Appeals Seeks Appellants Pre-Trial Brief in Kyle Police Chiefs Falsified Case Filed by His Own Officers

Two Habeas Corpus Hearings were conducted in Hays County before a Notice of Appeal was sent to the Texas Court of Appeals for the Third District.

The matter stems from Kyle Police Chief Jeff Barnett using his own officers to orchestrate a case against a citizen that wanted to make a complaint on Barnett. Rather than take the citizens complaint, he schemed to cover his actions and performed acts of Abuse of Official Capacity to perfect an arrest on the citizen.

In any case, both hearings, one at the district level and the other at the county level, the Travis County Pro Tem (assigned after Hays County DA Wes Mau recused his office), advised the court they have two years to file a case.

Cases with a two year statue of limitations are misdemeanors. This was also confirmed by the District Judge when he advised the matter needs to be filed in County Court at Law because it is not a felony.

So, the Appellant filed a application in the County Court at Law. He was heard, the Presiding Judge stated she would remove the Bail bond, but it has yet to be done because there is no judgement entered.

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After the appellant saw there was issues with the judgement he filed an appeal with the Third District. This long drawn out process started 180 days after arrest. So, in December of 2020, the appellant has been trying to get the bail bond removed for a bad case file.

Now, the Pro Tem will have to respond to the appellants brief.

The brief is said to focus on three areas:

  • Bail bond
  • Unnecessary Delay
  • Lack of Probable Cause

All three items are cognizant on a pre-trial Habeas Corpus application.

The appellant brief is expected to be due on August 10, 2021, with the Pro Yen’s to follow, soon after.

All of this should conclude before a set arraignment on another bad file; which is scheduled to occur on August 17, 2021.

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Again, there is a Federal Lawsuit pending on this matter. It was also included in the filing with the County Court and is included in the Appeals Court Records. It is the foundation of the argument for lack of probable cause. We have also published about it in the past.