Legal Opinion

Harrell v. State

Texas Supreme Court

Decided June 5, 2009No. 07-0806PublishedCited by 380 opinions

1Opinion of the CourtJustice Willett

In this case, we examine whether a court order directing prison officials to withdraw money from an inmate trust account is a civil or criminal matter and, if civil, what process is due an inmate when such an order is issued. We conclude that proceedings under Government Code section 501.014(e) to recover court fees and costs assessed against inmates are civil in nature and not part of the underlying criminal case. Such post-judgment collection efforts are designed to reimburse the State, not to punish the inmate, and due process is satisfied if the inmate receives notice and the opportunity…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Landon v. PlasenciaSupreme Court of the United States · 1982
  3. University of Texas Medical School at Houston v. ThanTexas Supreme Court · 1995
  4. Houston Municipal Employees Pension System v. FerrellTexas Supreme Court · 2007
  5. Smith v. FlackCourt of Criminal Appeals of Texas · 1987

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3Cited by380 opinions

  1. Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson CountyTexas Supreme Court · 2012
  2. Johnson, Manley DewayneCourt of Criminal Appeals of Texas · 2014
  3. Armstrong v. StateCourt of Criminal Appeals of Texas · 2011
  4. Williams v. State, Texas Court of Appeals, 7th District (Amarillo)2011
  5. Cardenas, Jose JuanCourt of Criminal Appeals of Texas · 2014

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