Opinion issued November 18, 2008
In The
Court of Appeals
For the
First District of Texas
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NO. 01-08-00928-CV
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IN RE CLIFFORD ALAN CASEY, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION Relator, Clifford Alan Casey, has filed a petition for writ of habeas corpus and motion for temporary relief based on an alleged violation of his due process right to counsel. (1) We deny relief.
In his petition, relator asserts that the trial court did not admonish him of his right to counsel at a July 21, 2008 hearing on a motion to revoke an earlier suspension of his commitment in an earlier contempt order. Relator has not provided this Court with a reporter's record of the July 21, 2008 hearing, which would help this Court establish whether an attorney represented relator at this hearing, or, if he was unrepresented, whether the trial court admonished relator at this hearing regarding his right to counsel or obtained relator's waiver of counsel on the record.
In the Chronological Statement of Facts portion on his petition, relator asserts that on November 17, 2008, the trial court conducted a compliance hearing to determine whether to revoke relator's suspension of commitment, but did so without making an inquiry on the record whether his failure to be represented by counsel was voluntary or due to indigence. (pet. w/hc, p. 3). In Tab "G," Shawn Casey avows, under oath, that (1) he is relator's father, (2) before the November 17, 2008 hearing he represented relator, (3) after July 2008 his law license was suspended, (4) he was at the November 17, 2008 hearing solely as a witness, which (5) he made clear to the trial court and opposing counsel. (pet w/hc, p.3 fn.1). Relator has not provided this Court with a reporter's record of the November 17, 2008 hearing. He states that when he receives a transcript of the hearing, he will file it with the Clerk of the Court. (pet. w/hc, p. x). Without such a record, we cannot evaluate relator's claim of violation of his due process right to counsel.
Relator has not provided this Court with a record from which to evaluate his allegations that his due process right to counsel has been violated. In re Munks, 263 S.W.3d 270, 273 (Tex. App.--Houston [1st Dist.] 2007, orig. proceeding) (relator must provide the reviewing court with an adequate record to establish the invalidity of the order of which he complains); accord Tex. R. App. P. 52.7(a). We deny relator's petition for writ of habeas corpus, without prejudice to his refiling it in the future with an adequate supporting record.
PER CURIAMPanel consists of Justices Taft, Higley, and Bland.
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