Williams v. Harmon

OPINION

Relator, Howard Vanzandt Williams, complains that the Honorable William Harmon denied his petition for a preconviction writ of habeas corpus without providing him a hearing. Williams seeks a writ of prohibition barring Judge Harmon from trying him on charges of possession of a controlled substance.

Williams has failed to show that Judge Harmon had a duty to provide a hearing. Whether a trial court issues a writ of habeas corpus is a matter of discretion. Ex parte Fowler, 573 S.W.2d 241, 244 (Tex.Crim.App.1978). The trial court has no duty to grant a hearing unless it first issues the…