Mallory, Joel D. Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: March 27, 2013
• Docket: WR-78,160-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-78,160-02 EX PARTE JOEL D. MALLORY, JR., Applicant

ON ORIGINAL APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 007-1350-10 IN THE 7TH DISTRICT COURT

FROM SMITH COUNTY

Per curiam.

O R D E R

This is an original application for a writ of habeas corpus. Tex. Const. art. V, § 5. Applicant, a licensed attorney, was found in contempt of court and sentenced to 180 days in the county jail. He contends, among other things, that he was denied due process and not advised of his rights; he was denied his right to an impartial decision maker; the Contempt Judgment and Order of Commitment (CJOC) was entered without proper notice; and the assigned trial judge, the Honorable Joe D. Clayton, did not have the authority to enter a particularized contempt judgment.

Judge Clayton shall file a response with this Court and state: (1) whether he was assigned by the presiding judge of the administrative judicial region to determine Applicant's guilt of the contempt; (2) whether Applicant was given reasonable notice and an opportunity to be heard; and (3) whether a hearing was held and, if so, what evidence was presented at the hearing. Judge Clayton may also respond to Applicant's claims.

This application will be held in abeyance until Judge Clayton files a response. His response and the record of the contempt proceeding, including the underlying criminal hearing that led to the contempt proceeding, shall be forwarded to this Court within 30 days of the date of this order. Any extensions of time shall be obtained from this Court.

If he has not already been released, Applicant shall be released on personal bond pending the resolution of this matter.

Filed: March 27, 2013

Do not publish