Opinion
NO. 14-14-00603-CV
07-29-2014
IN RE CHRISTOPHER SPATES, Relator
ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS
247th District Court Harris County, Texas
Trial Court Cause No. 2001-61475
ORDER
On July 28, 2014, relator Christopher Spates filed a petition for writ of habeas corpus in this court. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator seeks relief from an order issued by the Honorable Bonnie Crane Hellums, presiding judge of the 247th District Court of Harris County, in which the trial court found relator in contempt and ordered him committed to the Harris County Jail.
Relator also has filed with this court a motion for temporary relief. See Tex. R. App. P. 52.8(b), 52.10. On July 28, 2014, relator asked this court to stay the commitment hearing in the underlying proceedings and also to stay any commitment of relator pending disposition by this court of relator's petition for writ of habeas corpus.
It appears from the facts stated in the petition and motion that relator's request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion and issue the following order:
We ORDER the commitment hearing scheduled for July 29, 2014 in trial court cause number 2001-61475, styled In re C.Y.S., A Child, and any commitment of relator pursuant or related to the trial court's order dated July 25, 2014 in the underlying proceedings STAYED until a final decision by this court on relator's petition for writ of habeas corpus, or until further order of this court.
In addition, the court requests the real party in interest, the Office of the Attorney General of Texas, to file a response to the petition for writ of habeas corpus on or before August 11, 2014. See Tex. R. App. P. 52.4.
PER CURIAM
Panel consists of Justices Boyce, Busby, and Wise.