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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 01-23-00174-CR
Regular Panel Decision
Aug 26, 2025

Ex Parte Angel Eugene v. the State of Texas

This case, *Ex parte Angel Eugene*, concerns an appeal from the denial of habeas corpus relief by the 339th District Court in Harris County, Texas. The initial appeal was dismissed for lack of jurisdiction by the First District Court of Appeals but was remanded by the Texas Court of Criminal Appeals to assess the trial court's jurisdiction over a contempt judgment. The central legal question revolves around whether the trial court had the authority to issue and subsequently withdraw a contempt judgment and show cause order, both of which were found to be void due to insufficient notice of the alleged offense. The Court of Appeals affirmed that the trial court lacked jurisdiction for both the initial void contempt orders and their purported dismissal. Ultimately, the denial of habeas corpus relief was affirmed because Angel Eugene was no longer under physical restraint at the time of the habeas hearing, despite her release stemming from invalid orders.

Habeas CorpusContempt JudgmentJurisdictionVoid OrderShow Cause OrderAppellate ReviewCriminal ProcedureDue ProcessRestraint of LibertyTexas Court of Criminal Appeals
References
17
Case No. 04-82-00017-CV
Regular Panel Decision
Jun 30, 1982

Ex Parte Hovermale

Chester B. Hovermale, the relator, was confined for contempt due to his failure to pay his former wife, Elizabeth M. Hovermale, a portion of his military retirement pay as mandated by their divorce decree. He initiated a habeas corpus proceeding, contending that the division of military retirement benefits in the divorce decree was void, citing the U.S. Supreme Court's ruling in McCarty v. McCarty. The Court of Appeals of Texas, en banc, distinguished McCarty and Hisquierdo based on varying types of preemption. The court declined to retroactively apply McCarty, emphasizing the doctrines of res judicata, finality of judgments, and the importance of stability in family law. Consequently, the court denied Hovermale's request for relief and ordered his remand to the custody of the Sheriff of Bexar County, explicitly rejecting the precedent set by Ex parte Buckhanan.

Preemption DoctrineSupremacy ClauseRetroactive Application of LawRes JudicataFinality of JudgmentsMilitary Retirement BenefitsCommunity Property LawHabeas CorpusContempt of CourtDivorce Decrees
References
47
Case No. 06-06-00121-CV
Regular Panel Decision
May 23, 2007

Ex Parte: Earnest Carl Wilson

Pro se inmate Earnest Carl Wilson appealed the denial of his expunction petition by the 71st Judicial District Court in Harrison County regarding records of his 1993 arrest for escape. Wilson argued that the trial court erred by not holding a full hearing with reasonable notice, not granting him a bench warrant to attend, denying his petition, and denying his motion to vacate. The Court of Appeals found that the trial court erred in ruling on the petition without holding an evidentiary hearing, especially when relying on judicial notice of another court's records without proper introduction. The judgment was reversed, and the case was remanded for a hearing.

ExpunctionCriminal ProcedureJudicial NoticeEvidentiary HearingAbuse of DiscretionPro Se LitigantInmate RightsBench WarrantAppellate ReviewTexas Law
References
22
Case No. 2-09-079-CR
Regular Panel Decision
Dec 17, 2009

Ex Parte Bryan Scott Chamberlain

Appellant Bryan Scott Chamberlain appealed the trial court's order denying his application for writ of habeas corpus. He raised two issues: whether the trial court was required to conduct an evidentiary hearing and whether the Texas Sex Offender Registration Program (SORP) violates his substantive due process rights. The Court of Appeals found that the trial court did not abuse its discretion by ruling without a hearing, as no statute requires one. The court also held that Chamberlain's interest in his reputation is not a fundamental right, and applying a rational basis test, concluded that the SORP, including its initial compulsory registration and mechanism for early termination, is rationally related to the state's legitimate interest in protecting citizens from sexual predators. Consequently, the trial court's order denying habeas corpus relief was affirmed.

Sex Offender RegistrationSubstantive Due ProcessHabeas CorpusLifetime RegistrationRecidivism RiskIndividualized AssessmentConstitutional LawFourteenth AmendmentCriminal ProcedureAppellate Review
References
37
Case No. 03-05-00585-CR, 03-05-00586-CR, 03-05-00589-CR, 03-05-00590-CR, 03-05-00591-CR, 03-05-00592-CR, 03-05-00593-CR, 03-05-00594-CR, 03-05-00595-CR, 03-05-00596-CR, 03-05-00597-CR, 03-05-00598-CR, 03-05-00599-CR, 03-05-00600-CR, 03-05-00601-CR, 03-05-00602-CR, 03-05-00603-CR
Regular Panel Decision
Aug 22, 2008

Ex Parte Ellis

James W. Ellis and John Dominick Colyandro sought the dismissal of indictments accusing them of accepting unlawful campaign contributions and money laundering. They argued that the election code provisions were unconstitutionally vague and overbroad, and that the money laundering statute in effect at the time of the alleged offense was unconstitutionally vague. The trial court denied relief. The Court of Appeals of Texas, Austin, affirmed the orders of the district court, holding that the election code's prohibitions on corporate political contributions are not unconstitutionally vague or overbroad, and the pre-2005 version of the money laundering statute is not unconstitutionally vague on its face as it did not include checks.

Constitutional LawVagueness DoctrineOverbreadth DoctrineCampaign FinanceMoney LaunderingElection LawFirst AmendmentCorporate Political ContributionsStatutory InterpretationCriminal Indictments
References
83
Case No. 03-05-00585-CR
Regular Panel Decision
Aug 22, 2008

Ex Parte John Dominick Colyandro

James W. Ellis and John Dominick Colyandro appealed the denial of their pretrial habeas corpus petitions, seeking dismissal of indictments for unlawful campaign contributions and money laundering. They argued that the Texas Election Code provisions and the money laundering statute were unconstitutionally vague and overbroad. The Court of Appeals for the Third District of Texas affirmed the district court's orders. The court held that the election code's restrictions on corporate campaign contributions were not unconstitutionally vague or overbroad, and that the pre-2005 money laundering statute, which did not include checks or other negotiable instruments as "funds," was also not facially vague.

Campaign FinanceMoney LaunderingConstitutional LawVagueness ChallengeOverbreadth ChallengeFirst AmendmentCorporate Political ContributionsElection CodeStatutory InterpretationPretrial Habeas Corpus
References
50
Case No. 13-24-00634-CR
Regular Panel Decision
Jun 18, 2025

Ex Parte Christopher Riggins v. the State of Texas

Christopher Riggins appealed the denial of his pretrial application for writ of habeas corpus, challenging the existence of probable cause for his detention after being arrested for aggravated robbery. The State moved to dismiss the appeal, arguing that the subsequent return of an indictment against Riggins rendered the probable cause issue moot. During the trial court hearing, Riggins's counsel explicitly clarified that he was seeking full release, not a reduction in bond. The Court of Appeals agreed with the State, concluding that since the indictment established probable cause as a matter of law and bond reduction was not sought, the appeal was moot. Consequently, the State's motion was granted, and the appeal was dismissed.

Habeas CorpusPretrial DetentionProbable CauseMootnessCriminal AppealAggravated RobberyIndictmentTexas LawAppellate ProcedureMotion to Dismiss
References
11
Case No. MISSING
Regular Panel Decision
May 07, 1998

People v. Tullo

In this case, the court addresses an application for an ex parte order of protection against a defendant charged with aggravated harassment in the second degree, stemming from a single threatening telephone call. The Assistant District Attorney sought the order based on new facts not included in the original accusatory instrument. Judge Joel B. Gewanter denied the application, interpreting CPL 530.13 (2) to limit ex parte orders of protection solely to factual allegations present within the filed accusatory instrument. The court emphasized the necessity of proper notice and an opportunity for the defendant to be heard. It suggested that for new charges, a new complaint and arrest would be the appropriate procedure for issuing such an order.

Aggravated HarassmentSecond DegreeEx Parte Order of ProtectionCriminal Procedure LawCPL 530.13MisdemeanorFirst ImpressionTelephone CallThreatening StatementDue Process
References
0
Case No. MISSING
Regular Panel Decision

Ex Parte Bradshaw

The City of Hillsboro enacted an ordinance regulating street vending within its fire limits, prohibiting general peddlers but exempting those selling products grown on their own property. Relator Bradshaw was arrested for violating this ordinance by peddling apples not grown on his land. He challenged his restraint via a writ of habeas corpus, arguing the ordinance constituted void class legislation under the Texas Constitution. The county judge remanded Bradshaw, a decision which was subsequently appealed. The appellate court affirmed, holding that municipalities possess the authority to regulate street usage and peddling, and that the ordinance's classification was a reasonable exercise of police power, justified by public safety (fire access) and health concerns. The court also clarified that Hill County lacked the authority to permit street obstruction within city limits.

PeddlingStreet VendingCity OrdinanceClass LegislationEqual ProtectionMunicipal PowersPublic StreetsHabeas CorpusPolice PowerTexas Law
References
36
Case No. MISSING
Regular Panel Decision

Billy Overstreet v. TRW Commercial Steering Division

This concurring opinion by Judge William C. Koch, Jr. addresses the legal basis for prohibiting ex parte communications between an employer's counsel and an employee's treating physician in a Workers' Compensation Act claim. While the Court's main conclusion relies on an implied-in-law contract theory, Judge Koch advocates for a fiduciary duty stemming from the physician-patient relationship. He clarifies that physicians have a duty of non-disclosure, subject to statutory exceptions for workers' compensation reports, but these exceptions do not permit ex parte communications. The opinion asserts that employees retain their medical privacy unless explicitly altered by law.

Physician-patient privilegeConfidentialityEx parte communicationWorkers' CompensationFiduciary dutyImplied contractMedical records disclosureHIPAALegal ethicsPatient rights
References
34
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