In re Kevin Henry

Summary

The First Court of Appeals of Texas granted Kevin Henry’s petition for writ of habeas corpus arising from a criminal contempt judgment and order of attachment. The court held that the contempt judgment violated due process because Henry was not personally served with adequate notice of the alleged contemptuous conduct or of the possibility of criminal incarceration and punishment at the show-cause hearing. The court declared the judgment void and discharged Henry from its obligations.

Holdings

1. A person facing constructive criminal contempt must receive, before the contempt hearing, written notice by personal service that fully and unambiguously identifies the criminal contempt accusation and states that criminal incarceration or punishment may be imposed. Notice that merely states the person may be held 'in contempt' is insufficient.
2. Due process requires personal service, before the contempt hearing, of notice identifying the specific portions of the underlying order allegedly violated and the acts constituting contempt. Notice given only to the alleged contemnor's attorney is inadequate.

Questions Presented

1. Whether the trial court's criminal contempt judgment was void because Henry was not personally served, before the show-cause hearing, with full and unambiguous notice of the alleged contemptuous conduct.
2. Whether the contempt judgment was void because Henry was not personally served with notice that criminal contempt, incarceration, and punishment could be imposed at the hearing.

Disposition

writ_granted