Ex parte Franklin

Franklin filed an Application for Writ of Habeas Corpus in this Court on September 18, 1984, alleging he was illegally confined in the Upshur County Jail by order of the 115th Judicial District Court. We granted the Writ and ordered Franklin released on a $1,000 bond pending the writ hearing set for October 2, 1984. The cause was submitted on that date.

The record before us reveals that on March 4, 1977, Franklin and his then wife, Rebecca Lynn Franklin, were divorced by decree of the 99th Judicial District Court of Lubbock County. Under the provisions of the decree, Rebecca was appointed…