in Re: William E. McCormick

• Court: Court of Appeals of Texas
• Decided: January 31, 2008
• Docket: 14-08-00016-CV
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Denied and Memorandum Opinion filed January 31, 2008

Petition for Writ of Habeas Corpus Denied and Memorandum Opinion filed January 31, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00016-CV

IN RE WILLIAM E. MCCORMICK, Relator

ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

M E M O R A N D U M  O P I N I O N

On January 10, 2008, relator, William E. McCormick, filed a petition for writ of habeas corpus seeking release from jail and reduction of his bond.  See Tex. Gov=t Code Ann. ' 22.221(d) (Vernon 2004); Tex. R. App. P. 52.  Relator asserts the writ of attachment is void because he was not personally served with citation on the motion to enforce judgment.

A relator is not entitled to discharge in a habeas corpus proceeding unless the judgment ordering him confined is void because it exceeded the court=s power or because it deprived the relator of his liberty without due process of law.  In re Sheard, 102 S.W.3d 808, 810 (Tex. App.CBeaumont 2003, orig. proceeding).  In a habeas corpus proceeding, a relator bears the burden of showing his entitlement to relief.  Ex parte Occhipenti, 796 S.W.2d 805, 808 (Tex. App.CHouston [1st Dist.] 1990, orig. proceeding).  Relator has not sustained his burden and shown that he is entitled to relief. 

Accordingly, we deny relator=s petition for writ of habeas corpus.  Relator=s motion for expedited ruling is further denied as moot. 

PER CURIAM

Petition Denied and Memorandum Opinion filed January 31, 2008.

Panel consists of Justices Fowler, Frost, and Seymore.