Ex parte Davis

• Decision Date: 17 January 1962
• Docket Number: No. 34318,34318
• Citation: 171 Tex.Crim. 629,353 S.W.2d 29
• Parties: Ex parte Margaret DAVIS.
• Court: Texas Court of Criminal Appeals

Page 29

353 S.W.2d 29

171 Tex.Crim. 629

Ex parte Margaret DAVIS.

No. 34318.

Court of Criminal Appeals of Texas.

Jan. 17, 1962.

Fulbright, Crooker, Freeman, Bates and Jaworski, by John H. Crooker, Houston, for relator.

Joe H. Reynolds, Clyde W. Woody, Houston, for respondent.

McDONALD, Judge.

This is an original Application for Writ of Habeas Corpus brought by relator, Margaret Davis, asking her release from the custody of C. V. (Buster) Kern, Sheriff of Harris County, respondent.

The relator alleges in her petition that she is held in confinement and restraint not by virtue of any valid warrant, writ, commitment or other process of any court, but that her confinement is based solely and alone on a purported Judgment and Order of the County Criminal Court at Law No. 2 in Harris County, wherein the judge thereof, the Honorable Billy Ragan, on December 11, 1961, held relator in contempt of court.

Relator attached to her petition as Exhibit 'A' a copy of the Judgment and Order of the court holding her in contempt. Judge Ragan's Order is fully set forth herein so that we may properly view and discuss it later on in this opinion. The Order reads as follows:

'WHEREAS, on this the 11th day of December, A. D., 1961 in Open Court in the presence of the Judge thereof, and while Court was engaged in regular business, hearing and determining causes pending before it, one Margaret Davis was guilty of disobeying an Order of the Court in the immediate view and presence of said Court as follows, to-wit:

'In that Margaret Davis has heretofore on or about the 21st day of November, A. D., 1961 was Ordered to remain outside of the rail, which area is reserved for Officers of the Court and parties of interest to pending causes, which Order was issued because of your previous and continued conduct of entering into the trial area when trial were in progress and going up to the table where the Attorneys sat and leafed through and inspected their files and asking questions of Attorneys within the immediate view and hearing of Juries at a time when questions were being propounded to the witnesses for the Juries' consideration, for exhibiting within whe view of Juries Offense Reports and other Reports, which had not been admitted into evidence, all of which Acts and Conduct were detrimental to the proper administration of the Court and obstructive of Justice and prejudicial to the rights of litigants involved in the trial, and BE IT REMEMBERED that on this the 11th day of December, A. D., 1961 and in the presence of the Court while the Court was in the process of conducting its business that you, Margaret Davis, did violate the Court's Order as heretofore recited entered on the 21st day of November, 1961 by entering into that area within the rail which you had heretofore been Ordered to refrain from entering, and such act was a willful, intentional and direct disobedience of the order of this Court and constitutes a Contempt of this Court.

'NOW, THEREFORE, the said Margaret Davis now being present in Court, it is ORDERED AND ADJUDGED by this COURT that the said Margaret Davis, by reason of said act, was and is guilty of Contempt of the authority of this Court, committed in its presence on this the 11th day of December, A. D., 1961, and is ORDERED that a fine of One Hundred Dollars ($100.00) be assessed against Margaret Davis as punishment, and all costs of this proceeding, for which execution may issue, and the Clerk of this Court shall issue a Writ Commanding the Sheriff or any Constable of this Court to take the said Margaret Davis into his custody and place her in Jail in this County, and there safely keep her in Jail until said fine and costs are fully paid thereby purging herself of this contempt.

'Entered this 11th day of December, 1961.'

Relator contends that the real cause for the Order of November 21, 1961, was personal resentment toward her because of her article published a few hours earlier in the Houston Press questioning the propriety of the judge's actions concerning his affidavit that he devoted half of his time to his insurance business.

Respondent contends:

(1) That relator was confined and restrained by virtue of an Order and Judgment, and adjudged to be in contempt of court for the reasons stated in the Order.

(2) That the Order of said County Judge dated November 21, 1961, was issued as to the relator solely because relator was the only person who had done the acts complained of and recited in said Order.

Very able counsel for both the relator and the respondent have supplied us with excellent briefs. In addition, we have had filed Amicus Curiae briefs.

By brief and oral argument, relator contends that the court's action in holding her in contempt was based upon a void and invalid Order which is of no force and effect, that the action of the court resulted in 'never-ending' term of punishment, imposed, and that the Order and Judgment were both arbitrary and capricious, and beyond the court's power and jurisdiction; that relator was unjustly and illegally discriminated against by denying rights and privileges to her alone while freely extending such rights and privileges to all other persons of her class similarly situated. Relator further contends that undue, unreasonable and illegal restrictions on freedom of speech and of the people to have news disseminated to them as guaranteed by the Federal Constitution has resulted from the court's action. Relator further says that the court's Order was vague and uncertain in meaning, and utterly failed to set forth with reasonable clarity any acts done by relator constituting contempt of court.

By brief and oral argument, respondent contends, first, that this Court does not have jurisdiction for writ of habeas corpus for the reason that the relator has not alleged facts sufficient to justify this Court to exercise its jurisdiction in granting a writ of habeas corpus under a contempt decree, as she has made no showing that the civil courts have declined to pass on the legality of the confinement in question and that, under the circumstances, she is estopped to question the contempt decree. Respondent next contends that the relator has not entered into a sufficient bond, nor has she shown that she is restrained or under custody. Respondent further says that the application for the writ of habeas corpus was presented to the Court prior to the time when the relator was in custody and was therefore a premature application to this Court for the writ and that it should be dismissed.

With this statement of the nature of the proceedings and the contentions of the parties, we shall now direct our attention to the issues presented, in order to make a correct disposition of the case.

We entertain no doubt that this Court has ample authority to issue the writ of habeas corpus in almost any conceivable case. Ex parte Degener, 30 Tex.App. 566, 17 S.W. 1111. The only original jurisdiction possessed by the Court of Criminal Appeals is the issuance of the writ of habeas corpus. Ex parte McKenzie, 115 Tex.Cr.R. 315, 29 S.W.2d 771; the Constitution of Texas, Article V, Sec. 5, Vernon's Ann.St.; Ex parte Alderete, 83 Tex.Cr.R. 358, 203 S.W. 763. Habeas corpus in a given case is entirely within this Court's...