In Re Stein
331 S.W.3d 538
Tex. App.2011Background
- Stein filed a petition for writ of habeas corpus challenging his confinement following a contempt hearing for failure to pay child support.
- The court ordered Stein released on bond pending the case, with a response from the real party in interest requested but not filed.
- Habeas corpus here is a collateral attack on a contempt judgment to test due process or voidness, not to adjudicate guilt.
- Contempt orders can be void if beyond the court's power or if they deprive a person of liberty without due process.
- Relator contends the commitment order is void for failing to direct custody; the criminal contempt sentence is void for including a month purportedly unpaid
- Relator also asserts the civil contempt sentence is void due to ambiguous payment provisions directing payments through two entities.
- The appellate court held the October 1, 2010 order void and granted the writ, releasing Stein from custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the commitment order void for failure to direct custody? | Stein contends the order is deficient as a commitment order. | D.C. Stein contends the order is valid and enforceable. | Yes; order void for failure to direct custody. |
| Is the criminal contempt sentence void for punishing multiple acts including a non-punishable act? | Stein argues the sentence aggregates valid and invalid acts, rendering it void. | D.C. Stein contends the sentence is proper as written. | Yes; criminal contempt order void. |
| Is the civil contempt sentence void due to ambiguity in payment requirements? | Stein argues ambiguity in payment provisions prevents release conditions from being known. | D.C. Stein argues provisions are adequate as directed. | Yes; civil contempt order void. |
| Should the October 1, 2010 order be deemed void and the writ granted? | Stein seeks relief on void order grounds. | D.C. Stein disputes voidness but offers defenses consistent with contempts. | Yes; order void and writ granted; Stein discharged. |
Key Cases Cited
- Ex parte Rohleder, 424 S.W.2d 891 (Tex. 1967) (collateral attack on contempt judgments; due process focus)
- Ex parte Gordon, 584 S.W.2d 686 (Tex. 1979) (purpose of habeas is to test due process or voidness of order)
- Ex parte Shaffer, 649 S.W.2d 300 (Tex. 1983) (voidness of contempt order if order itself void)
- Ex parte Barlow, 899 S.W.2d 791 (Tex. App.-Houston [14th Dist.] 1995) (due process; liberty restraint considerations in contempt)
- In re Henry, 154 S.W.3d 594 (Tex. 2005) (one punishment for multiple acts; one act not punishable voids entire judgment)
- Ex parte Davila, 718 S.W.2d 281 (Tex. 1986) (multiple acts in contempt judgment; severability considerations)
- Ex parte Crawford, 684 S.W.2d 124 (Tex. App.-Houston [14th Dist.] 1984) (coercive provisions must be clear for release conditions)
- In re Broussard, 112 S.W.3d 827 (Tex. App.-Houston [14th Dist.] 2003) (void portions of contempt orders can be severed, but other errors render void)