IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
IN CAUSE NO. 1128689D FROM THE CRIMINAL
DISTRICT COURT NUMBER ONE OF TARRANT COUNTY
CONCURRING STATEMENT
This is an original application for writ of habeas corpus, alleging that the applicant is being detained illegally pursuant to a contempt order for the failure to make payments to offset the cost of legal services. (1) However, the Texas Rules of Appellate Procedure mandate that "[a] motion for leave to file must accompany an original petition for writ of habeas corpus[.]" (2) The applicant has filed no such motion with his application. For this reason I agree that the proper course is for the Court to deny the applicant leave to file.
Filed: May 6, 2009
Do Not Publish
1. Tex. Code Crim. Proc. art. 26.05(g).
2. Tex.R.App.P. 72.1.