In Re Avery Cato v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-25-00032-CV In re Avery Cato ORIGINAL PROCEEDING FROM HAYS COUNTY MEMORANDUM OPINION Relator Avery Cato, a pro se inmate in the Texas Department of Criminal Justice, has filed a “Motion to W[ith]draw Subpoena,” in which he appears to contend that officers lacked probable cause to arrest him for terroristic threat. Because Cato seeks release from what he characterizes as a “false imprisonment,” we construe his motion as an original pretrial application for writ of habeas corpus. See State v. Atkinson,

541 S.W.3d 876, 880

(Tex. App.—…