Ex Parte Alfred Smith ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00089-CV
EX PARTE Alfred SMITH
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 19, 2014
PETITION FOR WRIT OF HABEAS CORPUS DENIED
On February 7, 2014, relator Alfred Smith filed an original pro se habeas corpus
proceeding. Relator alleges that he has been illegally confined to county jail after being held in
contempt for failure to pay previously ordered child support. Relator provides numerous grounds
upon which he believes he is entitled to habeas corpus relief and seeks to be released from custody.
However, it is relator’s burden to provide this court with a record sufficient to establish his
right to habeas corpus relief. See TEX. R. APP. P. 52.3(k)(1)(D) (if a writ of habeas corpus is sought,
relator must include in the appendix proof that the relator is being restrained); TEX. R. APP. P.
52.7(a)(1)-(2) (a relator must file with the petition: (1) “a certified or sworn copy of every
document that is material to the relator’s claim for relief and that was filed in any underlying
1
This proceeding arises out of Cause No. 2004-CI-16569, styled Alfred Smith v. Partrena B. Smith, pending in the
57th Judicial District Court, Bexar County, Texas, the Honorable Nick Catoe Jr. presiding.
04-14-00089-CV
proceeding;” and (2) “a properly authenticated transcript of any relevant testimony from any
underlying proceeding”); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).
Relator has failed to provide us with a record to support his claims such as the order complained
of, proof of restraint, or the reporter’s record from the hearing. Accordingly, relator’s petition for
writ of habeas corpus is denied.
PER CURIAM
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