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David Christopher Hesse v. Texas

Paid petition · Court of Appeals of Texas, Seventh District, No. 07-16-00437-CR · judgment August 1, 2017

Certiorari denied · May 14, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. A judge brought contempt proceedings against an attorney for his conduct during a concluded trial. The attorney was not served with a notice of the allegations of criminal contempt against him, or with the order to appear and show cause why he should not be held in contempt. But a writ of attachment issued and the attorney was arrested and jailed for two days, for not appearing at the contempt hearing. Did this deny the attorney Due Process?

  2. That attorney was not served with a notice of the allegations of criminal contempt against him, or with an order to appear and show cause why he should not be held in contempt, but a writ of attachment issued, causing him to be arrested and jailed for two days. Was the attorney thereby punished such that Double Jeopardy would prohibit any further punishment on the contempt?

  3. In order to secure issuance of a writ of attachment on the attorney, a prosecutor falsely swears that an attorney has been served with notice of the allegations of criminal contempt. Thereafter, the writ of attachment issues and the attorney is arrested and jailed for two days. Does this deny the attorney Due Process of law?

  4. In a civil suit, before a writ of attachment may issue against a private litigant who is alleged to be in criminal contempt, that litigant is absolutely required to be served with a notice of the allegations of criminal

Counsel of record

For petitioner
Leonard Thomas Bradt
L.T. BRADT, P.C.

For respondent
John L. Owen
47th District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 14 2018
    Petition DENIED.
  2. Apr 24 2018
    DISTRIBUTED for Conference of 5/10/2018.
  3. Apr 16 2018
    Waiver of right of respondent State of Texas to respond filed.
  4. Mar 16 2018
    Petition for a writ of certiorari filed. (Response due April 19, 2018)