Summary
The Second Court of Appeals of Texas dismissed as moot two appeals from the denial and dismissal of pretrial habeas corpus petitions. The appeals became moot after the trial court dismissed the indictments against Rudy Garza, eliminating the restraint challenged in the petitions.
Holdings
- The dismissal of the indictments rendered Garza's appeals moot because he was no longer subject to pretrial confinement for the charged offenses or to any current restraint on his liberty.
Questions Presented
- Whether the dismissal of the indictments rendered moot Garza's appeals from orders denying or dismissing his pretrial habeas petitions.
Disposition
dismissed
Cases Cited (8)
- Ex parte Ellis, 309 S.W.3d 71, 79 (Tex. Crim. App. 2010)(followed)
- Ex parte Kerr, 64 S.W.3d 414, 419 (Tex. Crim. App. 2002)(followed)
- Ex parte Robinson, 641 S.W.2d 552, 553 (Tex. Crim. App. [Panel Op.] 1982)(followed)
- Ex parte Smith, 178 S.W.3d 797, 801 (Tex. Crim. App. 2005)(followed)
- Darnell v. State, No. 02-10-00208-CR, 2010 WL 5019589, at *1 (Tex. App.—Fort Worth Dec. 9, 2010, no pet.) (mem. op. on reh'g, not designated for publication)(followed)
- Hubbard v. State, 841 S.W.2d 33, 33 (Tex. App.—Houston [14th Dist.] 1992, no pet.)(followed)
- Ex parte Cole, No. 14-25-00313-CR, 2025 WL 2451093, at *1 (Tex. App.—Houston [14th Dist.] Aug. 26, 2025, no pet.) (mem. op., not designated for publication)(followed)
- Ex parte King, No. 05-20-00781-CR, 2021 WL 5817329, at *1 (Tex. App.—Dallas Dec. 7, 2021, no pet.) (mem. op., not designated for publication)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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