in Re: Dorian Lautret ( 2018 )


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  •                                     COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    '
    '                No. 08-18-00096-CV
    IN RE: DORIAN LAUTRET,
    '          AN ORIGINAL PROCEEDING
    Relator.
    '               IN HABEAS CORPUS
    '
    MEMORANDUM OPINION
    Relator, Dorian Lautret, has filed a habeas corpus petition challenging a contempt order
    entered by the Honorable Mike Herrera, Judge of the 383rd District Court of El Paso County,
    Texas. Relator has also filed a motion for emergency relief. We deny the petition for writ of
    habeas corpus and the motion for emergency relief.
    A relator is entitled to habeas corpus relief if he establishes he was deprived of liberty
    without due process of law, or if the appellate court concludes the judgment ordering confinement
    is void. See In re Henry, 
    154 S.W.3d 594
    , 596 (Tex. 2005); In re Alexander, 
    243 S.W.3d 822
    , 824
    (Tex.App.--San Antonio 2007, orig. proceeding). The purpose of a habeas corpus proceeding is
    not to determine the relator’s guilt or innocence, but to ascertain if the relator has been unlawfully
    confined. Ex parte Gordon, 
    584 S.W.2d 686
    , 688 (Tex. 1979); 
    Alexander, 243 S.W.3d at 827
    .
    After reviewing the habeas petition and evidence provided by Relator, we conclude that
    Relator has failed to establish he is entitled to habeas corpus relief. The petition for writ of habeas
    corpus and the motion for emergency relief are denied.
    June 13, 2018
    ANN CRAWFORD McCLURE, Chief Justice
    Before McClure, C.J., Rodriguez, and Palafox, JJ.
    -2-
    

Document Info

Docket Number: 08-18-00096-CV

Filed Date: 6/13/2018

Precedential Status: Precedential

Modified Date: 6/14/2018