Narrative Opinion Summary
The case involves an Applicant, represented by attorney Carissa L. Beene, who is currently detained in solitary confinement at the Travis County jail under poor conditions. The Applicant filed an Emergency Motion for Stay and/or Motion for Bond pending a Writ of Habeas Corpus, arguing that the denial of bond during contempt proceedings violated due process rights. On September 20, 2017, the Applicant was sentenced to six months for contempt, with the sentence to be served day-for-day. Efforts to secure a bond were made, including a granted Motion for Leave to file a Writ of Habeas Corpus by Judge Rick Kennon and an informal agreement by Judge Tamera Needles to sign a bond. However, despite judicial authorization, the bond has not been enforced by the Travis County Sheriff’s Office. The Applicant requests the Court to stay the contempt judgment and/or set a bond, emphasizing the need for a personal bond to ensure attendance at future proceedings. The document was served to the State's attorney on October 10, 2017, highlighting the urgency in addressing the alleged unlawful detention and procedural violations.
Legal Issues Addressed
Enforcement of Judicial Bond Orderssubscribe to see similar legal issues
Application: Despite judicial authorization, the bond signed by two judges has not been enforced by the Sheriff's Office, leading to the Applicant's continued detention.
Reasoning: Hon. Rick Kennon of the 368th District Court and Hon. Tamera Needles of the 427th District Court have both authorized the bond, which is not being enforced by the Travis County Sheriff’s Office.
Habeas Corpus Proceedings and Reliefsubscribe to see similar legal issues
Application: The Applicant seeks the Court's intervention to stay the contempt judgment and/or set a bond, pending habeas corpus proceedings.
Reasoning: To prevent the Applicant's request for relief from becoming moot, the Applicant seeks the Court's intervention to either stay the contempt judgment, set a bond for Mr. Reposa, or both, pending writ proceedings.
Jurisdiction to Grant Bondsubscribe to see similar legal issues
Application: The Applicant contests the State's assertion that the Court lacks jurisdiction to grant bond.
Reasoning: Adam Reposa, the Applicant, through his attorney Carissa L. Beene, filed an Emergency Motion for Stay and/or Motion for Bond pending a Writ of Habeas Corpus, contesting the State's assertion that the Court lacks jurisdiction to grant bond.
Right to Bond During Contempt Proceedingssubscribe to see similar legal issues
Application: The Applicant argues that due process rights were violated by the denial of bond during contempt proceedings.
Reasoning: He alleges that he was not provided a bond during contempt proceedings, which he claims violated due process rights, including the denial of a jury trial and sentencing not conducted in open court as required by Texas law.