Ex Parte Strickland
This text of 723 S.W.2d 668 (Ex Parte Strickland) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
723 S.W.2d 668, 30 Tex. Sup. Ct. J. 216, 1987 Tex. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-strickland-tex-1987.