Reece, Coy ( 2009 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-72,199-01

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IN RE COY REECE

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ON MOTION FOR EMERGENCY RELIEF, MOTION FOR LEAVE TO FILE APPLICATION FOR WRIT OF HABEAS CORPUS, AND APPLICATION FOR WRIT OF HABEAS CORPUS FROM CAUSE NO. 08-03836

IN THE 191^ST DISTRICT COURT

DALLAS COUNTY

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Per Curiam.

O R D E R

We have before us a motion for emergency relief, a motion for leave to file an application for writ of habeas corpus, and an application for writ of habeas corpus.

Applicant is currently involved in a civil suit for damages. During a deposition taken in the underlying civil case, applicant allegedly committed perjury. The plaintiff below filed a motion for sanctions and to compel applicant to comply with the court's discovery orders. The trial court held applicant in contempt for lying during a deposition and ordered that he be immediately confined in the Dallas County jail from May 28, 2009, until June 11, 2009. Applicant sought habeas relief from the Fifth Court of Appeals on May 29, 2009. The court of appeals granted applicant's request for emergency relief and ordered him discharged from confinement. On June 11, 2009, the court of appeals dismissed applicant's petition for want of jurisdiction and vacated its order granting him emergency relief from the contempt judgment. Plaintiff below has filed a motion for the trial court to enter a new commitment order, and applicant has been subpoenaed to appear before the court on June 19, 2009.

Applicant has now filed for emergency relief in this Court and for leave to file an original application for writ of habeas corpus. In his plea for emergency relief, applicant contends that he is under imminent threat of re-confinement and asks this Court to grant his motion for emergency relief and temporarily stay the enforcement of the trial court's contempt judgment during the pendency of his original writ proceeding.

However, the trial court's order committing applicant to custody under the contempt order has expired. Therefore, applicant is not under restraint under the contempt order attacked in his habeas application. Thus, applicant has failed to properly invoke the original habeas corpus jurisdiction of this Court. See Ex parte Eureste, 725 S.W.2d 214 (Tex. Crim. App. 1986). Applicant's motion for emergency relief is denied, and he is denied leave to file an application for habeas corpus.

IT IS SO ORDERED THIS THE 17^TH DAY OF JUNE, 2009.

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