In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00466-CV
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IN RE BRANDON BRADLEY
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Original Proceeding
317th District Court of Jefferson County, Texas
Trial Cause No. C-188,770
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ORDER
Relator Brandon Bradley filed an amended application for writ of habeas
corpus, in which he alleges that his confinement is illegal because the Sheriff of
Jefferson County, Texas (“the Sheriff”), has not permitted him to receive the time
credit to which he is entitled. According to Bradley, (1) the trial court erred by
adopting an order enforcing his child support and medical support obligation when
he had filed a notice of appeal, and (2) the Sheriff “has a policy of applying good
conduct sentence commutations to other similarly situated county jail prisoners[]”
but has nevertheless construed Bradley’s sentence as one that must be “served day
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for day.” Bradley further alleges that on October 21, 2016, he became eligible for
manual labor commutation pursuant to either article 43.10 or 43.101 of the Texas
Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. arts. 43.10(6),
43.101 (West Supp. 2016); Ex parte Acly, 711 S.W.2d 627, 628 (Tex. 1986).
Bradley argues that the denial of the credits to which he is entitled is a violation of
his due process and equal protection rights.
Pursuant to Bradley’s original application for habeas corpus, this Court
ordered that Bradley be released on bond pending resolution of the merits of his
application. The Sheriff filed an amicus curiae brief, in which he contends that the
issue raised by Bradley is now moot because Bradley was released from jail. This
Court’s order clearly stated that Bradley was released on bond pending resolution
of the merits of Bradley’s application; therefore, the Court concludes that
Bradley’s application is not moot.
We refer this matter to the 317th District Court for the development of a
record of the true facts regarding the allegations made by Bradley in his amended
petition for habeas corpus. See generally Tex. R. App. P. 52.10(b); see also Ex
parte Berryhill, 741 S.W.2d 186, 190 (Tex. App.—Beaumont 1987, orig.
proceeding). The trial court shall also determine whether Bradley is entitled to
appointed counsel to represent Bradley during said proceedings and whether
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Bradley is indigent. The record of said proceedings in the 317th District Court is
due to be filed with this Court on or before February 13, 2017.
ORDER ENTERED January 12, 2017.
PER CURIAM
Before Kreger, Horton, and Johnson, JJ.
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