DENIED and Opinion Filed June 9, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00537-CV
IN RE MOLLY WILKERSON, Relator
Original Proceeding from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-53554-2020
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Garcia
Opinion by Justice Molberg
In this original proceeding, Molly Wilkerson has filed a petition for writ of
habeas corpus styled as an “Emergency Motion for Writ of Habeas Corpus.” In her
petition, relator alleges the trial court has held her in contempt and ordered her jailed
for thirty days for violating what she describes as “a non-existent order to ‘never
email the judge directly.’” We deny relief.
To obtain the extraordinary relief of a writ of habeas corpus in an original
appellate proceeding, the relator must file a petition that complies with the
requirements of rule 52 of the rules of appellate procedure. See TEX. R. APP. P. 52;
In re Butler, 270 S.W.3d 757, 758–59 (Tex. App.—Dallas 2008, orig. proceeding);
In re Serrano, 482 S.W.3d 134, 135 (Tex. App.—El Paso 2015, orig. proceeding).
Among other requirements, the relator must certify that the relator “has
reviewed the petition and concluded that every factual statement in the petition is
supported by competent evidence included in the appendix or record.” TEX. R. APP.
P. 52.3(j). The relator must file an appendix to the petition that contains “a certified
or sworn copy of any order complained of, and any other document showing the
matter complained of.” TEX. R. APP. P. 52.3(k)(1)(A). When the relator seeks habeas
relief, the appendix must include proof that the relator is confined. TEX. R. APP. P.
52.3(k)((1)(D).
Rule 52.7(a) requires the relator to file a record that contains “a certified or
sworn copy of every document that is material to the relator’s claim for relief and
that was filed in any underlying proceeding” and “a properly authenticated transcript
of any relevant testimony from any 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)(1), (2). As the party seeking relief,
relator bears the burden to provide the Court with a sufficient record to establish her
right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig.
proceeding).
In this case, relator has not (1) certified her petition, (2) has not filed any
supporting documents with her petition, (3) has not provided proof of confinement,
and (4) has not filed a reporter’s record from the contempt hearing or a statement
that no testimony was taken. Without a certified petition and a supporting record
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containing the documents, reporter’s record, and proof of confinement required by
rule 52, we conclude relator has not shown she is entitled to relief. See Butler, 270
S.W.3d at 758–59; Serrano, 482 S.W.3d at 135.
We deny relator’s petition for writ of habeas corpus.
/Ken Molberg//
220537f.p05 KEN MOLBERG
JUSTICE
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