Gonner, Michael Todd

Court of Criminal Appeals of Texas

Gonner, Michael Todd

DecidedMay 6, 2009

DocketWR-71,914-01

StatusPublished

This text of Gonner, Michael Todd (Gonner, Michael Todd) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gonner, Michael Todd, (Tex. 2009).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,914-01 EX PARTE MICHAEL TODD GONNER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 1128689D FROM THE CRIMINAL

DISTRICT COURT NUMBER ONE OF TARRANT COUNTY

Price, J., filed a concurring statement.

CONCURRING STATEMENT

This is an original application for writ of habeas corpus, alleging that the applicant is being detained illegally pursuant to a contempt order for the failure to make payments to offset the cost of legal services.⁽¹⁾ However, the Texas Rules of Appellate Procedure mandate that "[a] motion for leave to file must accompany an original petition for writ of habeas corpus[.]"⁽²⁾ The applicant has filed no such motion with his application. For this reason I agree that the proper course is for the Court to deny the applicant leave to file.

Filed: May 6, 2009

Do Not Publish

1. Tex. Code Crim. Proc. art. 26.05(g).

2. Tex.R.App.P. 72.1.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,914-01 EX PARTE MICHAEL TODD GONNER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 1128689D FROM THE CRIMINAL

DISTRICT COURT NUMBER ONE OF TARRANT COUNTY

Price, J., filed a concurring statement.

CONCURRING STATEMENT

This is an original application for writ of habeas corpus, alleging that the applicant is being detained illegally pursuant to a contempt order for the failure to make payments to offset the cost of legal services.⁽¹⁾ However, the Texas Rules of Appellate Procedure mandate that "[a] motion for leave to file must accompany an original petition for writ of habeas corpus[.]"⁽²⁾ The applicant has filed no such motion with his application. For this reason I agree that the proper course is for the Court to deny the applicant leave to file.

Filed: May 6, 2009

Do Not Publish

1. Tex. Code Crim. Proc. art. 26.05(g).

2. Tex.R.App.P. 72.1.

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Gonner, Michael Todd, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonner-michael-todd-texcrimapp-2009.