Fahle v. Cornyn

• Citation: 231 F.3d 193
• Decision Date: 03 November 2000
• Docket Number: No. 99-50374,99-50374
• Parties: (5th Cir. 2000) JOHN FAHLE, Plaintiff-Appellant, v. JOHN CORNYN, Attorney General for the State of Texas, Defendant-Appellee
• Court: United States Courts of Appeals. United States Court of Appeals (5th Circuit)

Page 193

231 F.3d 193 (5th Cir. 2000)

JOHN FAHLE, Plaintiff-Appellant, v. JOHN CORNYN, Attorney General for the State of Texas, Defendant-Appellee.

No. 99-50374

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

November 3, 2000

Appeal from the United States District Court for the Western District of Texas

Before GARWOOD, HIGGINBOTHAM, and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Appellant John Fahle ("Fahle") appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We granted a certificate of appealability ("COA") on the issue of whether Fahle was entitled to and was denied a full panoply of criminal procedure rights, including the right to a hearing and the right to assistance of counsel, prior to being held in contempt, sentenced to three days in jail, and fined $500 by the Texas Court of Criminal Appeals. For the following reasons, we affirm the district court's denial of habeas relief.

FACTUAL AND PROCEDURAL BACKGROUND

On November 11, 1995, John Fahle was appointed appellate counsel in a death penalty case. He was required to file his client's brief on October 30, 1996, in the Texas Court of Criminal Appeals, but the court granted him an extension until March 31, 1997. In granting the extension the court stated that it would not consider further motions for extensions and that failure to file his client's brief by the March 31st deadline could result in a judgment of contempt against Fahle.

Fahle did not meet the March 31st deadline, and on April 15, 1997, the Texas Court of Criminal Appeals ordered him to file, by April 30, 1997, his client's brief and show cause why he should not be held in contempt for failing to meet the deadline. Fahle neglected to respond to the court's order by April 30th. However, he filed an affidavit on May 6, 1997, explaining his reasons for failing to timely file his client's brief and stating that he expected to file the brief by May 12, 1997.

In his affidavit, Fahle stated that, during the weeks before the March 31st deadline, he had been in court on an almost daily basis and listed the cases for which he had appeared in court. Fahle also stated that he had represented Rick McLaren, who allegedly kidnaped his neighbors on April 27, 1997, and engaged in a standoff with police for several days in Fort Davis, Texas. Fahle further explained that, while he did not immediately travel to Fort Davis, he was in constant contact with law enforcement officials there as well as the Texas Attorney General's Office. He went to Fort Davis on May 3, 1997, and returned to his home on May 5, 1997. Fahle also stated in his affidavit that he had been unable to work for several months prior to the March 31st deadline because his wife left him.

Fahle did not file his client's brief by May 12th, but instead filed it on June 17, 1997. However, before he filed the brief, the Texas Court of Criminal Appeals entered a judgment of contempt against him. The court entered the contempt judgment on June 2, 1997, stating that it was "plain from the record that the said John Fahle has failed to comply with the orders of this Court and, especially, the ORDER TO SHOW CAUSE AND FILE BRIEF dated April 15, 1997, and is therefore, in contempt of this Court and should be punished for contempt."

The court sentenced Fahle to three days in jail and imposed a $500 fine. The court also issued an alias capias directing law enforcement officers to arrest him. Fahle has not been arrested. When he filed his client's brief on June 17th, Fahle also requested that the Court of Criminal Appeals stay his surrender to custody so that he could consult with counsel. The court denied his request, and he filed a petition for a writ of habeas corpus in the district court. The district court stayed the execution of the contempt order pending resolution of the habeas proceeding. The district court also denied the Texas Attorney General's motion to dismiss for failure to exhaust state remedies. The court accepted the finding of the magistrate judge that Fahle did not have an adequate state remedy and excused him from the exhaustion requirement.

In his habeas petition, Fahle contended that: (1) he did not receive notice of the charges against him; (2) he did not receive a hearing; (3) he was denied the opportunity to consult with counsel after the Court of Criminal Appeals entered the contempt order; (4) the Court of Criminal Appeals failed to follow state procedures for contempt proceedings; (5) the Court of Criminal Appeals did not have sufficient evidence to support the judgment of contempt; and (6) the judgment of contempt violated the due process rights of the client whom Fahle had been appointed to represent. Accepting the findings of the magistrate judge, the district court denied Fahle's petition for habeas relief.

Fahle then sought a COA from this Court. A judge of this Court granted the COA on the issue of "whether Fahle was entitled to a full panoply of criminal procedure rights, including the right to a hearing and right to counsel, prior to being held in contempt and, if so, whether Fahle was unconstitutionally denied that right." The order also requested that the parties brief "whether Fahle has waived any right to criminal procedural safeguards he may have had by failing to file affidavits in a timely fashion as ordered by the state appellate court."

DISCUSSION

In a habeas corpus appeal, we review the district court's conclusions of law de novo and its findings of fact for clear error. Thompson v. Cain,161 F.3d 802, 805 (5th Cir. 1998).

In response to his claim that he was entitled to a live evidentiary hearing, the district court found that Fahle received a...