Opinion
No. 14-08-00016-CV
Opinion filed January 31, 2008.
Original Proceeding Writ of Habeas Corpus.
Panel consists of Justices FOWLER, FROST, and SEYMORE.
MEMORANDUM OPINION
On January 10, 2008, relator, William E. McCormick, filed a petition for writ of habeas corpus seeking release from jail and reduction of his bond. See Tex. Gov't Code Ann. § 22.221(d) (Vernon 2004); Tex. R. App. P. 52. Relator asserts the writ of attachment is void because he was not personally served with citation on the motion to enforce judgment.
A relator is not entitled to discharge in a habeas corpus proceeding unless the judgment ordering him confined is void because it exceeded the court's power or because it deprived the relator of his liberty without due process of law. In re Sheard, 102 S.W.3d 808, 810 (Tex.App.-Beaumont 2003, orig. proceeding). In a habeas corpus proceeding, a relator bears the burden of showing his entitlement to relief. Ex parte Occhipenti, 796 S.W.2d 805, 808 (Tex.App.-Houston [1st Dist.] 1990, orig. proceeding). Relator has not sustained his burden and shown that he is entitled to relief.
Accordingly, we deny relator's petition for writ of habeas corpus. Relator's motion for expedited ruling is further denied as moot.