James Boyd v. Texas Department of Family and Protective Services--Appeal from 146th District Court of Bell County

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State: Texas

Court: Texas Northern District Court

Docket No: 03-06-00702-CV

Case Date: 10/26/2007

Plaintiff: Chazsman Chapell Small

Defendant: The State of Texas--Appeal from Criminal District Court No. 4 of Tarrant County

Preview:In re Rene Bosquez Hiller--Appeal from 73rd Judicial
District Court of Bexar County
MEMORANDUM OPINION
No. 04-03-00534-CV
IN RE Rene Bosquez HILLER
Original Proceeding (1)
PER CURIAM
Sitting: Catherine Stone, Justice
Paul W. Green, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: July 30, 2003
PETITION FOR WRIT OF HABEAS CORPUS DENIED
Relator, Rene Bosquez Hiller, filed a petition for writ of habeas corpus complaining of a contempt order arising out of
his failure to pay court ordered child support. The petition does not comply with Rule 52 of the Texas Rules of
Appellate Procedure because it does not contain:
1. a complete list of all parties and the names and addresses of all counsel. Tex. R. App. P. 52.3(a).
2. a table of contents, indicating the subject matter of each issue or point, with references to the pages of the petition.
Tex. R. App. P. 52.3(b).
3. an index of authorities arranged alphabetically and indicating the pages of the petition where the authorities are
cited. Tex. R. App. P. 52.3(c).
4. a description of how and where the relator is being deprived of liberty. Tex. R. App. P. 52.3(d)(4).
5. a statement of jurisdiction. Tex. R. App. P. 52.3(e).
6. an appendix, containing a copy of the commitment order or other proof of restraint. Tex. R. App. P. 52.3(j)(1)(D).
7. a record, containing:
(a) a certified or sworn copy of every document material to relator's claim for relief and that was filed in the
underlying proceeding. Tex. R. App. P. 52.7(a)(1).
(b) a properly authenticated transcript of any relevant testimony from the underlying proceeding, including any
exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained.
Tex. R. App. P. 52.7(a)(2).
Hiller also failed to file an affidavit of indigence which, if upheld, would enable him to obtain a free copy of the
clerk's record and reporter's record from the district court. See Tex. R. App. P. 20.1(c)(2). Without a record of the
proceedings below, this court cannot determine whether Hiller is entitled to the relief which he seeks. Accordingly, we
deny Hiller's petition for writ of habeas corpus without prejudice to his refiling a petition in compliance with Rule 52
of the Texas Rules of Appellate Procedure. Tex. R. App. P. 52.8(a).
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PER CURIAM
1. This proceeding arises out of Cause No. 1990-EM5-01513, styled In the Interest of D.J.P, a Child, pending in the
73rd Judicial District Court, Bexar County, Texas, Master Jim A. Rausch presiding.
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