Ex parte Jordan
| Decision Date | 12 October 1983 |
| Docket Number | No. 930-83,930-83 |
| Citation | 659 S.W.2d 827 |
| Parties | Ex parte Billy Ray JORDAN. |
| Court | Texas Court of Criminal Appeals |
Susan Gorham-Dickinson, Dallas, for appellant.
Henry Wade, Dist. Atty. and Ruth Lown and John Robinson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.
ON DISCRETIONARY REVIEW ON MOTION OF THE COURT OF CRIMINAL APPEALS
Petitioner's appeal from denial of relief requested in his writ of habeas corpus, filed in County Criminal Court No. 9 of Dallas County, Texas under the authority of Art. 11.09, V.A.C.C.P., is before this Court pursuant to Tex.Cr.App.R. 303(b) and 302(a). Petitioner's appeal to the Dallas Court of Appeals was dismissed for want of jurisdiction. We disagree with the decision of the Dallas Court of Appeals and remand for consideration of the merits of petitioner's appeal.
The record before us reflects that on November 9, 1982, petitioner was convicted upon a plea of guilty of the offense of unlawfully carrying a weapon and was sentenced to serve 145 days in the Dallas County jail and assessed a $250.00 fine and costs of court. After serving his jail time, petitioner filed a post-conviction writ of habeas corpus pursuant to Art. 11.09, V.A.C.C.P. Petitioner alleged that he was indigent and, under the authority of Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971), he should be released from jail and given additional time with which to pay his fine and court costs. On December 17, 1982, the trial court held a hearing on the writ but denied relief. Petitioner gave notice of appeal to the Dallas Court of Appeals. On August 4, 1983, the Dallas Court of Appeals dismissed petitioner's appeal for want of jurisdiction. Their order in its entirety stated:
We have examined the record and find that petitioner's writ was filed in compliance with Art. 11.09, V.A.C.C.P., and therefore appeal of denial of relief is governed by Art. 44.34, V.A.C.C.P. It is true that prior to September 1, 1981, the Court of Criminal Appeals would have had...
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Ex parte Renier
...Appeals for the appropriate District, and that a further review may thereafter be had in this Court's discretion. See, Ex parte Jordan, 659 S.W.2d 827 (Tex.Cr.App.1983). Our habeas corpus law has maintained this basic structure for at least 130 years. Nevertheless, the distinction between o......
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May v. Carlton
...also Ex parte Ormsby, 676 S.W.2d 130 (Tex.Crim.App.1984); Ex parte Phelper, 433 S.W.2d 897 (Tex.Crim.App. 1968); and Ex parte Jordan, 659 S.W.2d 827 (Tex.Crim.App. 1983). Denial of entry in the military and prohibitions against any opportunity to become a law officer have been deemed restra......
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...of counsel's effectiveness through post-conviction writ. See Ex parte Renier, 734 S.W.2d 349 (Tex.Crim.App.1987); Ex parte Jordan, 659 S.W.2d 827 (Tex.Crim.App.1983). In the present case, we hold only that counsel failed to comply with the time provisions for adequately perfecting the appea......
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Post-Trial Issues
...of §2, plus §§3, 4, and 5 of CCP Art. 11.07 on Post-Conviction Habeas Corpus procedure to follow in such cases, and see Ex parte Jordan, 659 S.W.2d 827 (Tex. Crim. App. 1983). In order to be eligible to receive relief under Art. 11.07, the applicant must show that he is confined as a result......
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Post-Trial Issues
...of §2, plus §§3, 4, and 5 of CCP Art. 11.07 on Post-Conviction Habeas Corpus procedure to follow in such cases, and see Ex parte Jordan, 659 S.W.2d 827 (Tex. Crim. App. 1983). In order to be eligible to receive relief under Art. 11.07, the applicant must show that he is confined as a result......
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Post-Trial Issues
...of §2, plus §§3, 4, and 5 of CCP Art. 11.07 on Post-Conviction Habeas Corpus procedure to follow in such cases, and see Ex parte Jordan, 659 S.W.2d 827 (Tex. Crim. App. 1983). In order to be eligible to receive relief under Art. 11.07, the applicant must show that he is confined as a result......
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Post-Trial Issues
...of §2, plus §§3, 4, and 5 of CCP Art. 11.07 on Post-Conviction Habeas Corpus procedure to follow in such cases, and see Ex parte Jordan, 659 S.W.2d 827 (Tex. Crim. App. 1983). In order to be eligible to receive relief under Art. 11.07, the applicant must show that he is confined as a result......