Supreme Court of Texas

In a dispute involving an order directing prison officials to withdraw money from an inmate trust account, court of appeal's judgment is reversed and trial court order denying the inmate's objections to the withdrawal orders is affirmed where: 1) the court has jurisdiction, as withdrawal orders are more substantively civil than criminal; and 2) the orders did not violate his procedural due-process rights to notice and opportunity to be heard, as plaintiff received notice contemporaneously with the orders and had his concerns considered by the trial court that issued them, and the Constitution does not require pre-withdrawal notice or a comprehensive civil garnishment proceeding.

Appellate Information

• Decided 06/05/2009
• Published 06/05/2009

Judges

• Justice WILLETT delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Walter E. Harrell, Snyder, TX, pro se., James Caleb Scott, Slates Collins Veazey, Gardere Wynne Sewell LLP, Dallas, TX, for Petitioner., Sharon Felfe Howell, Office of General Counsel, TDCJ, Huntsville, TX, Allan Kennedy Cook, Assistant Atty. Gen., Austin, TX, for Amicus Curiae.


• For Appellees:
  
• Ramon Gallegos, District Attorney of Terry County, Jason Bujnosek, Assistant Terry County Atty., Brownfield, TX, for Respondent.