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Texas Criminal Practice Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
6-135 Texas Criminal Practice Guide 135.syn
Editorial Consultant:;Frank Maloney;Update Author:;John M. Schmolesky
In addition, this chapter discusses the persons who are subject to contempt, which include both attorneys and nonattorneys; contempt proceeding requirements; and constitutional protections afforded a person subject to contempt, including the right to be represented by counsel, the right to a jury trial, the right to a public trial before an unbiased judge, the right to be free from double jeopardy, the right to be free from self-incrimination, and the right to be present and confront witnesses. It also discusses the requirement for the court to issue a written order of contempt and a written commitment before a person may be restrained for contempt.
This chapter concludes with a discussion of habeas corpus, which is the proper remedy for testing a contempt order. It covers the jurisdiction of the Criminal Court of Appeals to grant habeas corpus relief, the habeas corpus procedure, and the reviewing court's scope of review of a contempt order.
This chapter contains helpful checklists for assessing a person's actions, determinations counsel should make when his or her client is subject to direct contempt, and for the preparation of a petition for writ of habeas corpus challenging a contempt finding; motion and petition forms; and convenient federal and Texas constitutional, statutory, rule, case law, annotational, law review, and periodical references, among other resources.
Texas Criminal Practice Guide is a complete resource on Texas criminal law. It provides expert legal analysis, practice tips, sample forms, research guides, and updates on legislative changes. It is arranged by section to correspond with the progression of the Texas criminal justice system, making its detailed information easy to access.
Texas criminal practice,criminal contempt in Texas,civil contempt,criminal contempt,direct contempt,constructive contempt,habeas corpus
RELATED CHAPTERS: (View)
For discussion of related issues, please refer to Chapter 120, classification and punishment of offenses; Chapter 121, criminal responsibility; Chapter 122, general defenses; and Chapter 123, justifications. For discussion of habeas corpus relief, please see Chapter 91, postconviction habeas corpus, and Chapter 93, federal habeas corpus.
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