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723 S.W.2d 668

30 Tex.Sup.Ct.J. 216

Ex Parte Strickland

Texas Supreme Court

Decided February 11, 1987

Texas Supreme Court · decided 1987-02-11

Relies on Ex Parte Barnett · Ex Parte Puckitt · Ex Parte Hardin

Good law ✅— No negative treatment on recordhow we know

Decided 1987-02-11

How this case has been cited

Cited by 27 later decisions — most recently March 2007 · most notably Aranda v. Insurance Co. of North America (1988), Perry v. Kroger Stores, Store No. 119 (1987)

2 federal appellate · 24 state decisions

120198719902000decided

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.

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PER CURIAM.

¶1 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.

¶2 Relator is ordered discharged.

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