In Re Kyle French v. the State of Texas ( 2023 )

Motion Dismissed; Petition for Writ of Habeas Corpus Dismissed and
Memorandum Opinion filed May 23, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00038-CV
IN RE KYLE FRENCH, Relator
ORIGINAL PROCEEDING
WRIT OF HABEAS CORPUS
280th District Court
Harris County, Texas
Trial Court Cause No. 2021-83581
MEMORANDUM OPINION
On January 20, 2023, relator Kyle French filed a petition for writ of habeas
corpus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P.
52. In the petition, relator effectively asks this Court to declare void an order
signed October 24, 2022 holding relator in contempt of court and committing him
to county jail.1 After amending his petition to comply with the Texas Rules of
Appellate Procedure, relator filed a motion for temporary relief requesting that he
be released from custody and restraint. This Court requested a response to
relator’s motion for temporary relief from the real party in interest, Caroline Black,
by February 28, 2023.
On March 9, 2023, the Court granted Black’s motion to extend time to
respond to relator’s motion for temporary relief until March 23, 2023. Black
requested the additional time to supplement the record with proceedings that took
place in the trial court on February 21, 2023 (jail review hearing with the parties
agreeing to the immediate release of relator) and an order signed by the trial court
on February 24, 2023 (commuting Kyle French’s sentence to time served, releasing
Kyle French from incarceration, and modifying protective order). To date, Black
has not filed a response to relator’s motion for temporary relief. Further, Black has
not supplemented the record.
Based on the information set forth in Black’s motion to extend time, on
March 9, 2023, we requested that relator inform this Court on or before March 23,
2023, of any changes in the trial court cause’s status, supplement the record with
any orders and hearing transcripts that are material to the relief relator seeks, and
advise this Court whether the relief requested in relator’s petition for a writ of
habeas corpus has been resolved. Relator has neither advised this Court of the trial
court status nor supplemented the record.
1
The Honorable Barbara Stalder signed the October 24, 2022 order holding relator in contempt
of court and committing relator to county jail. After December 31, 2022, Judge Stalder ceased to hold the
office of judge of the 280th District Court, Harris County, Texas. The Honorable Damiane Curvey now
presides over the 280th District Court, Harris County, Texas.
2
On March 28, 2023, the Court notified relator that, unless relator
demonstrates this Court’s jurisdiction on or before April 6, 2023, relator’s petition
for writ of habeas corpus may be dismissed for want of jurisdiction. Relator filed
a motion to extend the deadline to file additional documents, which we granted
until May 2, 2023. In this Court’s April 18, 2023 order granting relator additional
time, this Court notified that “on or before May 2, 2023, relator shall file with this
Court evidence that demonstrates this Court’s jurisdiction or his petition for writ of
habeas corpus will be dismissed for want of jurisdiction.” Relator has neither filed
additional documents nor any pleading demonstrating this Court’s jurisdiction.
Accordingly, we dismiss relator’s petition for writ of habeas corpus for want
of jurisdiction. Additionally, relator’s motion for temporary relief is dismissed as
moot.
PER CURIAM
Panel consists of Justices Zimmerer, Spain, and Hassan.
3