in Re Mercury Wayne Hayes

• Court: Court of Appeals of Texas
• Decided: January 12, 2012
• Docket: 01-11-00981-CV
• Status: Published

Opinion

Opinion issued January 12, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00981-CV

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In re Mercury Wayne Hayes, Relator

Original Proceeding on Petition for Writ of Habeas Corpus

MEMORANDUM OPINION

          Relator, Mercury Wayne Hayes, filed a petition for writ of habeas corpus, seeking relief from the trial court’s November 1, 2011 contempt order.[1]  While relator’s petition was pending, the Court was informed by the parties that the trial court issued an order releasing relator from the custody of the Harris County Sheriff’s Office.  Accordingly, we dismiss relator’s petition as moot.  See Rosser v. Squier, 902 S.W.2d 962, 962 (Tex. 1995) (noting that there must be a restraint on relator’s liberty for court to consider habeas petition). 

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown.

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[1]           Relator has identified the underlying case as In the Interest of M.H., Jr., A Minor Child, No. 2004-36545, in the 245th District Court of Harris County, Texas, the Honorable Roy L. Moore presiding.