Ex Parte Eric Sims, Relator ( 2011 )

MEMORANDUM OPINION
No. 04-11-00497-CV
EX PARTE Eric SIMS
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: August 3, 2011
PETITION FOR WRIT OF HABEAS CORPUS DENIED AS MOOT
On July 18, 2011, relator Eric Sims filed a petition for writ of habeas corpus, complaining
that he was incarcerated after a hearing on a motion for enforcement of child support at which he
was not represented by counsel. On July 21, 2011, this court requested a response from real
party in interest and/or the respondent. Then, on July 22, 2011, the trial court signed a
conditional release order, releasing relator from custody.
A relator is not entitled to habeas corpus relief unless he was deprived of his liberty
without due process of law, or if we conclude the judgment ordering him confined is void. See
In re Alexander, 243 S.W.3d 822, 824 (Tex. App.—San Antonio 2007, orig. proceeding). The
1
This proceeding arises out of Cause No. 2000-EM5-04010, In the Interest of A.P.S., pending in the 150th Judicial
District Court, Bexar County, Texas, the Honorable Janet Littlejohn presiding. However, the judge presiding over
the hearing at issue in this case is the Honorable Jim Rausch, presiding judge of the Child Support Court, Bexar
County, Texas.
04-11-00497-CV
purpose of a habeas corpus proceeding is not to determine the ultimate guilt or innocence of the
relator, 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. Because relator is no longer
confined, we have determined this petition is now moot. Accordingly, relator’s petition for writ
of habeas corpus is DENIED AS MOOT.
PER CURIAM
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