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Ex Parte Strickland

Supreme Court of Texas
Feb 11, 1987
723 S.W.2d 668 (Tex. 1987)

Summary

In Ex parte Strickland, 723 S.W.2d 668 (Tex. 1987), the Texas Supreme Court held that due process in this type of case requires both a written judgment of contempt and a written order of commitment in order to punish a person.

Summary of this case from Ex Parte Morgan

Opinion

No. C-6106.

February 11, 1987.

Samuel L. Walsh, The Woodlands, for relator.

Jimmy James (Law Offices of Jimmy James), Houston, for respondent.


This is a child support habeas corpus proceeding. Roy Clifton Strickland was found in contempt for failure to pay court-ordered child support, and incarcerated without either a written judgment of contempt or a written order of commitment. Due process requires both a written judgment of contempt and a written order of commitment in order to punish a person for constructive contempt of court. Ex parte Barnett, 600 S.W.2d 252, 256 (Tex. 1980); Ex parte Puckitt, 159 Tex. 438, 322 S.W.2d 597 (1959); see also Ex parte Hardin, 161 Tex. 567, 334 S.W.2d 152 (1961). Both requisites are missing in this proceeding. Because Strickland's adjudication of contempt and incarceration is contrary to our holdings in the above cases, we grant the writ without hearing oral argument. See Ex parte Davila, 718 S.W.2d 281 (Tex. 1986). In view of this conclusion, we need not address Strickland's other grounds.

Relator is ordered discharged.


Summaries of

Ex Parte Strickland

Supreme Court of Texas
Feb 11, 1987
723 S.W.2d 668 (Tex. 1987)

In Ex parte Strickland, 723 S.W.2d 668 (Tex. 1987), the Texas Supreme Court held that due process in this type of case requires both a written judgment of contempt and a written order of commitment in order to punish a person.

Summary of this case from Ex Parte Morgan
Case details for

Ex Parte Strickland

Case Details

Full title:Ex parte Roy Clifton STRICKLAND, Relator

Court:Supreme Court of Texas

Date published: Feb 11, 1987

Citations

723 S.W.2d 668 (Tex. 1987)

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