From Casetext: Smarter Legal Research

In re Gates

Court of Appeals of Texas, Ninth District, Beaumont
Nov 19, 2008
No. 09-08-496 CV (Tex. App. Nov. 19, 2008)

Opinion

No. 09-08-496 CV

Opinion Delivered November 19, 2008.

Original Proceeding.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


Timothy F. Gates filed an original petition for writ of habeas corpus. Gates contends he is restrained of liberty "by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case." See Tex. Gov't Code Ann. § 22.221(d) (Vernon 2004). However, the habeas record reveals that the relator has not been held in contempt: his liberty is being restrained pursuant to an arrest without warrant by a peace officer on probable cause to believe Gates committed a criminal offense of violation of a protective order. See Tex. Code Crim. Proc. Ann. art. 14.03(a)(3) (Vernon Supp. 2008); Tex. Pen. Code Ann. § 25.07 (Vernon Supp. 2008). Relator's remedy for an alleged violation of a proceeding conducted pursuant to the Texas Code of Criminal Procedure is a writ of habeas corpus to a court with jurisdiction under Article 11.05, Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. Art. 11.05 (Vernon 2005). Accordingly, since we lack jurisdiction, the petition for writ of habeas corpus is denied.

PETITION DENIED.


Summaries of

In re Gates

Court of Appeals of Texas, Ninth District, Beaumont
Nov 19, 2008
No. 09-08-496 CV (Tex. App. Nov. 19, 2008)
Case details for

In re Gates

Case Details

Full title:IN RE TIMOTHY F. GATES

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Nov 19, 2008

Citations

No. 09-08-496 CV (Tex. App. Nov. 19, 2008)