Court of Civil Appeals of Texas, 2024

Ex Parte John D. Bernard v. the State of Texas

Ex Parte John D. Bernard v. the State of Texas
Court of Civil Appeals of Texas · Decided January 18, 2024

Ex Parte John D. Bernard v. the State of Texas

Opinion

Dismissed and Memorandum Opinion filed January 18, 2024

In The Fourteenth Court of Appeals NO. 14-23-00838-CR EX PARTE JOHN D. BERNARD

On Appeal from the 185th District Court Harris County, Texas Trial Court Cause No. 1835479 MEMORANDUM OPINION This is an appeal from the denial of appellant’s application for writ of habeas corpus. On December 13, 2023, appellant filed a motion to dismiss because he signed a plea agreement and the trial court signed a judgment of conviction.

Appellant has since been released from custody.

The issues regarding appellant’s pre-trial habeas restraint have been rendered moot by entry of his plea of guilty to the underlying criminal offense.

Saucedo v. State, 795 S.W.2d 8, 9 (Tex. App.—Houston [14th Dist.] 1990, no writ). The longstanding rule in Texas regarding habeas corpus is that “where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.” Id. (citing Ex parte Branch, 553 S.W.2d 380 (Tex. Crim. App. 1997)).

Accordingly, we grant appellant’s motion and dismiss the appeal as moot.

PER CURIAM Panel Consists of Chief Justice Christopher and Justices Wise and Jewell.

Do Not Publish — Tex. R. App. P. 47.2(b)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.