Christopher Daniel Burke v. The State of Texas--Appeal from 264th District Court of Bell County

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State: Texas

Court: Criminal Court of Appeals

Docket No: 03-08-00035-CR

Case Date: 08/14/2008

Plaintiff: JOSEPH HENRY EADE, III

Defendant: THE STATE OF TEXAS (Other)

Preview:In re Robert Lee Gill, Jr.--Appeal from 225th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-04-00138-CV IN RE Robert Lee GILL, Jr. Original Habeas Proceeding (1) PER CURIAM Sitting: Alma L. L pez, Chief Justice Sarah B. Duncan, Justice Sandee Bryan Marion, Justice Delivered and Filed: May 19, 2004 APPLICATION FOR WRIT OF HABEAS CORPUS DENIED; MOTION FOR EMERGENCY RELIEF DENIED Robert Lee Gill, Jr., filed an application for a writ of habeas corpus, seeking relief from the trial court's February 26, 2004 contempt judgment and commitment order. Gill contends the judgment and order are void because he removed the underlying action to federal court on May 9, 1994, and the federal court has not remanded the case to state court. On March 1, 2004, we advised Gill that his application materially failed to comply with the Texas Rules of Appellate Procedure, in part because it did not contain certified or sworn copies of the trial court's contempt judgment and commitment order and other documents material to his claim for relief. See Tex. R. App. P. 52.7(a). In response, Gill filed a signed (but not certified or sworn) copy of the trial court's February 26, 2004 judgment. With respect to other documents material to Gill's for relief that have been filed in any underlying proceeding, Gill responded by asking the court to consider the exhibits filed in Cause No. 04-99-00828-CV, Ex parte Robert Lee Gill, Jr., because the "same exhibits submitted therein appl[y] to this case [and] the petitioner is without funds to 'remake copies' of the same exhibits." We grant the motion and order the clerk of this court to place a copy of "Exhibits In Support of Application for Writ of Habeas Corpus" filed in Cause No. 04-99-00828-CV, Ex parte Robert Lee Gill, Jr., on November 12, 1999, into the file of this case. After considering Gill's application and exhibits, the court concludes that Gill has failed to show himself entitled to relief. (2) Accordingly, Gill's motion for emergency relief and the application for writ of habeas corpus are denied. No costs shall be assessed against relator because he is indigent. The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk. PER CURIAM 1. This proceeding arises out of Cause No. 93-CI-14511, styled In the Interest of R.G., a Minor Child, pending in the 225th Judicial District Court, Bexar County, Texas. The order complained of resulted from a hearing conducted February 26, 2004 by the Honorable Janet Littlejohn, presiding judge of the 150th Judicial District Court, Bexar County, Texas.

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2. In an order dated March 10, 1987, the Chief Judge of the United States District Court for the Western District of Texas ordered the clerk of that court not to accept for filing "any motions, petitions or other matters submitted by Robert Lee Gill, Jr.," unless "directed to do so by an Order of this Court, which shall not be entered in the absence of specific allegations of constitutional deprivation by reason of physical harm or threats to Robert Lee Gill, Jr.'s person." Gill v. Neaves, 657 F. Supp. 1394, 1409 (D.C. Tex. 1987). The record does not contain any evidence that Gill sought leave of the federal court to file a notice of removal, that the federal court entered an order directing the clerk of that court to file a notice of removal, or that a notice of removal was actually filed.

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