Ex Parte Gonner

Full title: EX PARTE MICHAEL TODD GONNER, Applicant

Court: Court of Criminal Appeals of Texas

Date published: May 6, 2009

No. WR-71,914-01 (Tex. Crim. App. May. 6, 2009)

Opinion

No. WR-71,914-01

Delivered: May 6, 2009. DO NOT PUBLISH.

On Application for a Writ of Habeas Corpus in Cause No. 1128689d from the Criminal District Court Number One of Tarrant County.

PRICE, J., filed a concurring statement.

CONCURRING STATEMENT

This is an original application for writ of habeas corpus, alleging that the applicant is being detained illegally pursuant to a contempt order for the failure to make payments to offset the cost of legal services.¹ However, the Texas Rules of Appellate Procedure mandate that "[a] motion for leave to file must accompany an original petition for writ of habeas corpus[.]"² The applicant has filed no such motion with his application. For this reason I agree that the proper course is for the Court to deny the applicant leave to file.