Legal Opinion

Smith v. Lynaugh

Court of Appeals of Texas

Decided June 21, 1990No. 01-90-00010-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

SAM BASS, Justice.

This is an appeal from a judgment dismissing appellant’s “civil” action with prejudice.

We dismiss the appeal for want of jurisdiction.

Appellant filed an “Application for Writ of Habeas Corpus,” naming James A. Ly-naugh, Director of the Texas Department of Corrections, as the respondent. The petition stated that appellant was: (1) filing the petition in his own behalf; (2) illegally restrained of his liberty; and (3) confined pursuant to a judgment and sentence of the 23rd District Court of Brazoria County. Appellant asserts he was denied due process by having a single…

2Cases cited5 opinions

  1. Ex Parte YoungCourt of Criminal Appeals of Texas · 1967
  2. State Ex Rel. Bryan v. McDonaldCourt of Criminal Appeals of Texas · 1983
  3. Ex Parte WilliamsCourt of Criminal Appeals of Texas · 1978
  4. Ex Parte FridayCourt of Criminal Appeals of Texas · 1977
  5. Ex parte NewellCourt of Criminal Appeals of Texas · 1979

3Cited by4 opinions

  1. In Re McAfee, Texas Court of Appeals, 1st District (Houston)2001
  2. Maye v. State, Texas Court of Appeals, 14th District (Houston)1998
  3. Charles Ray Foster v. State, Texas Court of Appeals, 1st District (Houston)2016
  4. Juan Enriquez v. David Gutierrez, Presiding Chair, Texas Board of Pardons and Paroles, and TBPP Members James LaFavers, Federico Rangel, Cynthia Tauss, Ed Robertson, Fred Solis, and Sherman Skyme, Texas Court of Appeals, 3rd District (Austin)2021

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