in Re Philip W. Beckley, Jr.

• Court: Court of Appeals of Texas
• Decided: October 22, 2003
• Docket: 04-03-00535-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-03-00535-CV

IN RE Philip W. BECKLEY, Jr.

Original Habeas Corpus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: October 22, 2003

PETITION FOR WRIT OF HABEAS CORPUS DENIED

On September 15, 2003, relator filed a petition for writ of habeas corpus, in which he raises the following complaints: (1) he was denied his right to file a pauper's oath and his right to appointment of counsel; (2) he was prevented from presenting evidence of his income, from seeking financial support in the form of loans, and from delivering and installing equipment that would have provided him with financial relief; (3) he has been denied "good time" credit; (4) he has been denied bond based on bias and discrimination; and (4) he is insulin dependent and is not receiving adequate medical care. None of relator's contentions are supported by the record.

The record reveals the trial court informed relator of his right to counsel and that he would be released from custody upon payment of $5,000. Relator stated he was employed and could get an advance from one of his employers if he was able to contact the employer. The court arranged, with relator's agreement, for the release of relator's cellular telephone (which contained, according to relator, the only known telephone number of his employer) to Ms. Beauchene, the managing conservator of the two minor children, so that she could call the employer on relator's behalf. Ms. Beauchene testified relator had refused her offer to make the same phone call three days earlier. Relator also testified about other contracts he had that would provide financial relief. He did not ask to submit proof of these contracts, nor was he prevented from doing so. The court did not abuse its discretion in determining relator was not indigent. As to relator's other complaints, they are either not supported by the record or are inadequately briefed.

This court has determined that relator is not entitled to the relief sought. Therefore, the petition is denied. Tex. R. App. P. 52.8(a).

1. This proceeding arises out of Cause No. 2002-EM5-01177 styled The State of Texas v. Philip W. Beckley, Jr., filed in the 57th Judicial District Court, Bexar County, Texas. However, the Honorable Martha Tanner, presiding judge of the 166th Judicial District Court, Bexar County, Texas, presided over the hearing and issued the contempt ruling that is the subject of this proceeding.