Summary
The Texas Court of Criminal Appeals considered a habeas corpus application by a parolee held for more than 120 days under a parole revocation warrant without a revocation hearing. Applying Article 42.18, § 14(a), V.A.C.C.P., the court ordered withdrawal of the warrant and the applicant’s immediate release unless a hearing had already occurred.
Topics
Practice areas
Questions Presented
- Whether continued confinement under a parole revocation warrant was lawful when more than 120 days had elapsed after arrest without a parole revocation hearing.
Holdings
- When a parole revocation hearing has not been held before the 121st day after the arrest, the issuing authority must immediately withdraw the warrant, unless the hearing has been held by the date of the court's opinion, and the applicant must be released without delay.
Key quotations
“Therefore, the issuing authority, the Parole Division of the Texas Department of Criminal Justice, is ordered to immediately withdraw the warrant under which Applicant is being held, unless the revocation hearing has been held by the date of this opinion, and to release Applicant without delay.” (98)
Factual background
Applicant was convicted of injury to a child and received a ten-year sentence. While on parole, he was arrested under a parole revocation warrant and remained confined for more than 120 days without a parole revocation hearing. The trial court corroborated these facts.
Procedural history
Applicant was convicted of injury to a child and sentenced to ten years' confinement. No direct appeal was taken. After Applicant alleged that he had been held for more than 120 days following arrest under a parole revocation warrant without a revocation hearing, the trial court did not conduct a hearing but corroborated the alleged facts and transmitted the habeas application to the Texas Court of Criminal Appeals.
Remand instructions
The Parole Division of the Texas Department of Criminal Justice was ordered to immediately withdraw the warrant unless the revocation hearing had been held by the date of the opinion, and to release Applicant without delay.