In re Natin Paul

Summary

The Texas Court of Appeals, Third District, reviewed Natin Paul’s emergency petition for writs of habeas corpus and mandamus challenging criminal and civil contempt findings arising from alleged violations of a post-judgment injunction. The court held that Paul lacked adequate notice of allegations concerning a $963,323.18 transfer, struck the related contempt violations, modified another violation, and otherwise denied relief. The court also modified the contempt order to reflect six rather than eight criminal-contempt violations.

Holdings

1. Paul was not provided full and unambiguous notice that he was accused of making the $963,323.18 transfer for less than fair value, failing to report it, or filing a false report stating that he did not make it.
2. The portions of the contempt order punishing Paul for the $963,323.18 transfer and related violations were void.
3. When a contempt order is partly void but otherwise valid and imposes separate punishment for separately listed violations, the appellate court may strike the invalid portions and deny relief as to the remainder.

Questions Presented

1. Whether Paul received constitutionally sufficient notice before being held in constructive criminal contempt for the undisclosed $963,323.18 transfer, the alleged failure to report that transfer, and the related portion of a false sworn report.
2. Whether the insufficient notice rendered the corresponding portions of the contempt order void.
3. Whether the invalid portions of a partially valid contempt order could be stricken while the remaining contempt findings and concurrent punishment were preserved.
4. Whether mandamus or habeas relief was otherwise warranted as to the challenged criminal-contempt findings.

Disposition

other