Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Ex Parte Arlene Alaniz
Citation: Not availableDocket: 01-13-00941-CR
Court: Court of Appeals of Texas; February 26, 2014; Texas; State Appellate Court
Original Court Document: View Document
On June 14, 2013, Arlene Alaniz was indicted for injury to a child by omission regarding her child, J.A., in the context of ongoing parental rights termination proceedings. Following the indictment, her parental rights to J.A. and another child, G.A., were terminated on July 29, 2013, by the 309th Judicial District Court in Harris County. Subsequently, Alaniz filed for a writ of habeas corpus, arguing that her criminal prosecution for the same acts that resulted in the termination of her parental rights constituted double jeopardy. The trial court held a hearing on October 23, 2013, and denied her application. Alaniz appealed the decision. The Court of Appeals reviewed the trial court's ruling for abuse of discretion, affirming that the facts should be viewed favorably to the trial court's decision. In the analysis, the court rejected Alaniz's assertion that her criminal prosecution violated constitutional protections against successive punishments. It clarified that termination of parental rights is a civil, remedial action aimed at protecting children's welfare, not a punitive measure. Therefore, the state is not barred from pursuing criminal charges stemming from the same conduct. The appellate court concluded that the trial court did not abuse its discretion in denying the writ, and the judgment was affirmed.