453 SW2D 185 - Ex parte Baize

How this case has been cited

Cited by 9 later decisions — most recently November 1991

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

WALTER, Justice.

¶1This is an original habeas corpus proceeding. There is attached to Relator’s application for the writ, the affidavit of the Sheriff of Jones County, Texas, that he has relator in jail under an oral commitment from the District Judge for contempt.

“An arrest without a written commitment for the purpose of enforcing a contempt judgment is illegal, and a party may not be imprisoned for contempt without a written order of commitment.”

¶2Habeas Corpus Proceedings in the Supreme Court of Texas by Joe Greenhill and Martin D. Beirne, Jr., page 8.

¶3We find from the record that Relator is being illegally confined and he is ordered discharged.

¶4The court’s attention is called to Ex Parte Davis, Jr., 161 Tex. 561, 344 S.W.2d 153 (1961), regarding the proper notice to be given in these proceedings.