Opinions, April 16, 2015

This morning, the First District Court of Appeals issued its memorandum opinion in In re Tracy Gibbs, 01-15-00218-CV (Tex.App.–Houston [1st Dist.] Apr. 16, 2015) and the Fourteenth issued two memorandum opinions in parental termination cases, In re T.M., No. 14-14-00948-CV (Tex.App.–Houston [14th Dist.] Apr. 16, 2015) and In re D.T. Jr., No. 14-14-01003-CV (Tex.App.–Houston [14th Dist.] Apr. 16, 2015).

In the First District’s opinion, In re Tracy Gibbs, the court granted the habeas corpus petition of the relator. The ten-year history of this case is: Relator Gibbs had a child support judgment of about $27,000.00 against him and he was incarcerated for failure to pay. He filed a habeas and attached an affidavit setting forth his utter destitution and inability to obtain the funds to pay the judgment. The Real Party in Interest did not controvert the affidavit, which resulted in the Court of Appeals ordering Gibbs’ release because he established his inability to pay the judgment which would purge him of his contempt.

In In re D.T. Jr., the Court of Appeals accepted the Anders brief of appellant’s counsel.

In In re T.M., the father appealed the termination of his parental rights to his child after a jury trial. Before trial, the father had been incarcerated for PCP possession and also failed to complete the service plan proposed by the DFPS (though, to be fair, he completed a large portion of it). The Court of Appeals affirmed, finding the evidence was legally and factually sufficient under Texas Family Code 161.001(1)(E).


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