Ex parte Warren McGee

Summary

The Texas Court of Appeals for the First District affirms the denial of Warren McGee’s petition for writ of habeas corpus arising from a contempt proceeding. The court holds that the deficient show-cause order, contempt judgment, and subsequent orders purporting to set them aside were void, but concludes that McGee failed to establish an ongoing restraint or collateral consequences warranting habeas relief. The opinion applies de novo review because the relevant facts were undisputed.

Holdings

1. The show cause order was void because it failed to allege an offense and provide constitutionally sufficient notice; consequently, the contempt judgment based on that order, the community-supervision orders, and the later orders purporting to set aside the judgment and dismiss the show cause order were also void for lack of jurisdiction.
2. McGee was not entitled to habeas relief because he failed to establish by a preponderance of the evidence that he was unlawfully restrained when the habeas court considered his application, including through actual restraint or cognizable collateral consequences.

Questions Presented

1. Whether the trial court had jurisdiction to dismiss the show cause order and set aside the contempt judgment when the show cause order failed to allege an offense.
2. Whether McGee was entitled to habeas relief based on the void contempt judgment despite the trial court's purported set-aside and dismissal orders.

Disposition

affirmed