Ex Parte: Ivan Jerome Ransom

• Court: Court of Appeals of Texas
• Decided: August 3, 2022
• Docket: 05-22-00241-CR
• Status: Published

Opinion

DISMISSED and Opinion Filed August 3, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00241-CR

EX PARTE IVAN JEROME RANSOM

On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 110356-422

MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen III, and Nowell Opinion by Justice Nowell Ivan Jerome Ransom appeals the trial court’s order denying his pretrial

application for writ of habeas corpus. In a single issue, appellant contends the trial

court erred in denying relief because he established the State lacked probable cause

to detain him for five felony offenses. The State responds that the case became moot

when appellant was indicted, and he has other remedies which preclude habeas

relief. Agreeing with the State that the case is now moot, we dismiss the appeal.

Before he is indicted, an accused may file an application for writ of habeas

corpus to challenge the existence of probable cause to restrain him. Ex parte Smith,

178 S.W.3d 797, 801 & n.9 (Tex. Crim. App. 2005) (per curiam). However, the

return of an indictment establishes probable cause as a matter of law and renders moot any issues regarding probable cause. Ex parte Plumb, 595 S.W.2d 544, 545

(Tex. Crim. App. [Panel Op.] 1980); Ex parte Branch, 553 S.W.2d 380, 381 (Tex.

Crim. App. 1977); Ex parte Welch, 729 S.W.2d 306, 308–09 (Tex. App.—Dallas

1987, no pet.); Ex parte Cardenas, 557 S.W.3d 722, 736 (Tex. App.—Corpus

Christi-Edinburg 2018, no. pet.).

The record shows appellant was indicted shortly after the appeal was filed.

The indictments are filed in a supplemental clerk’s record.

Because appellant has been indicted, and the existence of probable cause is

the only issue on appeal, this appeal is moot. See Branch, 553 S.W.2d at 381; Welch,

729 S.W.2d at 308–09; Cardenas, 557 S.W. 3d at 736; see also, e.g., Ex parte

Watson, 05-04-00256-CR, 2004 WL 1663198, at *1 (Tex. App.—Dallas, no pet.)

(not designated for publication) (return of indictment established probable cause as

matter of law and rendered appeal moot).

Accordingly, we dismiss the appeal.

/Erin A. Nowell// ERIN A. NOWELL 220241f.u05 JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b)

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EX PARTE IVAN JEROME On Appeal from the 422nd Judicial RANSOM District Court, Kaufman County, Texas No. 05-22-00241-CR Trial Court Cause No. 110356-422. Opinion delivered by Justice Nowell. Justices Partida-Kipness and Pedersen III participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 3rd day of August, 2022.

–3–