Court of Civil Appeals of Texas, 2011

Ex Parte Brant Fiscus

Ex Parte Brant Fiscus
Court of Civil Appeals of Texas · Decided October 5, 2011

Ex Parte Brant Fiscus

Opinion

MEMORANDUM OPINION No. 04-11-00690-CV EX PARTE Brant FISCUS Original Habeas Corpus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: October 5, 2011 PETITION FOR WRIT OF HABEAS CORPUS DENIED On September 19, 2011, relator filed a petition for writ of habeas corpus, complaining Sheriff Amadeo Ortiz has failed to give him “good time” credit during his 180 day confinement after being held in contempt for failure to pay child support. However, 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). Relator has failed to meet his burden to show

This proceeding arises out of Cause No. 1999-EM5-00243, in the 37th Judicial District Court, Bexar County, Texas, the Honorable David A. Berchelmann presiding.

04-11-00690-CV

he is entitled to habeas corpus relief. Accordingly, relator’s petition for writ of habeas corpus is DENIED.

PER CURIAM

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