in Re Christopher Spates

• Court: Court of Appeals of Texas
• Decided: July 3, 2014
• Docket: 14-14-00524-CV
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Denied, Motion for Emergency Relief Denied as Moot, and Memorandum Opinion filed July 3, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00524-CV

IN RE CHRISTOPHER SPATES, Relator

ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 247th District Court Harris County, Texas Trial Court Cause No. 2001-61475

MEMORANDUM OPINION

On July 2, 2014, relator Christopher Spates filed a petition for writ of habeas corpus in this Court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to vacate an order issued on or about June 2, 2014 by the Honorable Bonnie Crane Hellums, presiding judge of the 247th District Court of Harris County, finding relator in contempt and confining him to the Harris County Jail for 180 days. Also on July 2, 2014, relator filed a motion for emergency relief, asking this Court to temporarily release relator from confinement pending this Court’s disposition of his petition for writ of habeas corpus. See Tex. R. App. P. 52.8(b)(3), 52.10.

Texas Rule of Appellate Procedure 52.3(k)(1)(A) provides that a relator must include in the appendix “a certified or sworn copy of any order complained of, or any other document showing the matter complained of.” The combined judgment of contempt and order of commitment relator includes in his appendix is not a certified or sworn copy. Without a sufficient record, relator cannot satisfy his burden to demonstrate entitlement to habeas relief.

Accordingly, we deny relator’s petition for writ of habeas corpus. We also deny as moot relator’s motion for emergency relief.

PER CURIAM

Panel consists of Justices Boyce, Busby, and Wise.