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In re Herring

Court of Appeals For The First District of Texas
Dec 12, 2014
NO. 01-14-00989-CV (Tex. App. Dec. 12, 2014)

Opinion

NO. 01-14-00989-CV

12-12-2014

IN RE SHAYNA (DEBOISE) HERRING, Relator


Original Proceeding on Petition for Writ of Habeas Corpus

MEMORANDUM ORDER

Relator, Shayna (Deboise) Herring, has filed a petition for writ of habeas corpus arising from a contempt proceeding where the trial court's December 11, 2014 commitment order sentenced her to 180 days in jail to be served on weekends beginning Friday, December 12, 2014, at 6:00 p.m. The Court is of the tentative opinion that a serious question concerning the relief requires further consideration. See TEX. R. APP. P. 52.8(b).

The underlying case is In the Interest of J.P.D., Cause No. 2010-45732, in the 247th District Court of Harris County, Texas, the Honorable Bonnie Crane Hellums presiding.

Accordingly, the Court orders the Sheriff of Harris County to discharge relator from custody upon relator executing and filing with the Sheriff of Harris County a good and sufficient bond, conditioned as required by law, in the amount of $500.00. See TEX. R. APP. P. 52.8(b)(3), 52.10(b); see also TEX. GOV'T CODE § 22.221(d) (West 2004).

In addition, although relator stated in her appendix that she relies on the reporter's record to be filed for the hearing held on December 8, 2014, she did not indicate whether she had requested and paid for the record and when it may be filed. Accordingly, we order relator, within five days of the date of this order, to provide evidence of requesting the reporter's record on an expedited basis for the December 8, 2014 hearing and payment for or arrangements to pay for preparation of the reporter's record. See TEX. R. APP. P. 52.7(a)(2).

It is further ordered that the real party in interest Caston Lee Deboise shall have 30 days from the date of this order to file a brief in response to the petition with any relevant portions of the record. See TEX. R. APP. P. 52.4(e), 52.8(b)(1).

It is so ORDERED.

/s/ Laura Carter Higley

Justice


Summaries of

In re Herring

Court of Appeals For The First District of Texas
Dec 12, 2014
NO. 01-14-00989-CV (Tex. App. Dec. 12, 2014)
Case details for

In re Herring

Case Details

Full title:IN RE SHAYNA (DEBOISE) HERRING, Relator

Court:Court of Appeals For The First District of Texas

Date published: Dec 12, 2014

Citations

NO. 01-14-00989-CV (Tex. App. Dec. 12, 2014)