Legal Opinion · Dissent

In re Fountain

Court of Appeals of Texas

Decided December 28, 2012No. 01-12-00704-CVPublished

1DissentEvelyn V. Keyes, Justice

I respectfully dissent. I deeply disagree with the majority’s characterization of the issues in this case, its legal conclusions, and its disposition of this habeas corpus proceeding.

The trial court found Tammy Fountain in contempt for violating a court order in a suit affecting the parent-child relationship, sentenced her to jail, and, in the same order, suspended her commitment.1 The court subsequently revoked its earlier suspension order and committed Fountain to jail. In five issues, she contends that the commitment order is void and violates her constitutional due process rights. The…

2Cases cited15 opinions

  1. Ex Parte GordonTexas Supreme Court · 1979
  2. Ex Parte BarnettTexas Supreme Court · 1980
  3. Ex Parte ChambersTexas Supreme Court · 1995
  4. In Re HenryTexas Supreme Court · 2005
  5. Ex Parte EdgerlyTexas Supreme Court · 1969

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