In re James Robert Lawson, IV

Summary

The Texas Court of Appeals, Third District, conditionally granted James Robert Lawson IV’s petition for writ of habeas corpus. The court held that a state trial court’s capias order issued after removal to federal court and before remand was void because removal deprived the state court of jurisdiction, and it ordered the trial court to vacate the order.

Holdings

1. After a notice of removal is filed, 28 U.S.C. § 1446(d) prohibits the state court from proceeding further unless and until the case is remanded; an order issued during that period is void.
2. Habeas relief is appropriate when a trial court issues an order beyond its jurisdiction, and the relator need not show the absence of an adequate appellate remedy.

Questions Presented

1. Whether the state trial court had jurisdiction to issue a capias order after the underlying matter had been removed to federal district court and before remand.
2. Whether habeas relief was appropriate to invalidate the capias order issued without jurisdiction.

Disposition

writ_granted