Ex Parte Shaklee, 939 S.W.2d 144 (Tex. 1997). · Go Syfert
Ex Parte Shaklee, 939 S.W.2d 144 (Tex. 1997). Cases Citing This Book View Copy Cite
94 citation events (89 in the last 25 years) across 2 distinct courts.
Strongest positive: in Re Donna Jean Van Gilder (texapp, 2017-12-12)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in Re Donna Jean Van Gilder
Tex. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
due process requires a court, before imprisoning a person for violating an earlier order, to sign a written judgment or order of contempt and a written commitment order.
examined Cited as authority (verbatim quote) in Re Tammy Fountain (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
the contempt order must clearly state in what respect the court's earlier order has been violated.
examined Cited as authority (verbatim quote) in Re Tammy Fountain (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
the contempt order must clearly state in what respect the court's earlier order has been violated.
examined Cited as authority (verbatim quote) In re Fountain (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
the contempt order must clearly state in what respect the court's earlier order has been violated.
discussed Cited as authority (rule) In Re Leticia Lozano v. the State of Texas
Tex. App. · 2024 · confidence medium
Due process also “requires a court, before imprisoning a person for violating an earlier order, to sign a written judgment or order of contempt and a written commitment order.” Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997) (orig. proceeding) (per curiam). -7- 04-23-01040-CV Our Previous Opinions in Similar Cases This is the fourth time we have considered a due process challenge to an order by Judge Mary Lou Alvarez that commanded the arrest of a Department employee.
cited Cited as authority (rule) in Re Kristina Shea Cook
Tex. App. · 2018 · confidence medium
Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997).
examined Cited as authority (rule) in Re Jeffrey C. Grimm (3×) also: Cited "see"
Tex. App. · 2016 · confidence medium
See In re Green, 221 S.W.3d 645, 649 (Tex. 2007); Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997); Ex parte Barnett, 600 S.W.2d at 256 ; see also In re Davis, 305 S.W.3d 326 , 332–33 (Tex. App.—Houston [14th Dist.] 2010, orig. proceeding) (“The purpose of section 157.166(b) is to satisfy due process . . . .”); In re Butler, 45 S.W.3d 268, 273 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (order satisfying section 157.166 satisfies due process requirements).
examined Cited as authority (rule) in Re: Charles Dwayne Lankford and Roberta Gresham (3×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Houston, 92 S.W.3d at 877. (b) If the order imposes "Due process requires a court, before imprisoning a incarceration or a fine for criminal person for violating an earlier order, to sign a written contempt, an enforcement order judgment or order of contempt and a written commitment must contain findings identifying, order." Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. setting out, or incorporating by 1997) (per curiam) (citing Ex parte Barnett, 600 S.W.2d reference the provisions of the 252, 256 (Tex. 1980)).
discussed Cited as authority (rule) in Re Charles S. Iupe, Jr.
Tex. App. · 2015 · confidence medium
That position is wrong: a “contempt order must clearly state in what respect the court’s [earlier] order has been violated.” Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997) (per curiam) (alteration in original; quoting Ex parte Barnett, 600 S.W.2d 252, 256 (Tex. 1980)).
cited Cited as authority (rule) in Re Joanne Wilkie (Brochstein) Mancha
Tex. App. · 2013 · confidence medium
Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
discussed Cited as authority (rule) In Re Francisco J. MARTINEZ (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
In a constructive contempt case, “[t]he contempt order must clearly state in what respect the trial court’s earlier order has been violated.” Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
cited Cited as authority (rule) Ex Parte Sharon Peebles
Tex. App. · 2010 · confidence medium
Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997).
discussed Cited as authority (rule) in Re Jack Edward Broughton
Tex. App. · 2010 · confidence medium
"Due process requires a court, before imprisoning a person for violating an earlier order, to sign a written judgment or order of contempt and a written commitment order." Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997).
cited Cited as authority (rule) Ex Parte Stephanie Davis
Tex. App. · 2010 · confidence medium
Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997).
cited Cited as authority (rule) In Re Davis
Tex. App. · 2010 · confidence medium
Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
discussed Cited as authority (rule) in Re Brian Durant
Tex. App. · 2009 · confidence medium
Accordingly, we delete the condition that “Respondent shall fully comply with each and every term of the parties’ Agreed Final Decree of Divorce signed on June 10, 2005 together with any and all modifications of the said Agreed Final Decree of Divorce” as void.20 Brian does not challenge the remaining conditions of probation; therefore, we do not address them. 19 … Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997) (orig. proceeding). 20 … See Henry, 154 S.W.3d at 596 ; Swate, 922 S.W.2d at 124 ; Roosth, 881 S.W.2d at 301 . 9 We grant Brian’s requested habeas corpus relief to the ex…
discussed Cited as authority (rule) in Re Brian Durant
Tex. App. · 2009 · confidence medium
Ass'n , 696 S.W.2d 378, 382 (Tex. 1985). 19: Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997) (orig. proceeding). 20: See Henry , 154 S.W.3d at 596 ; Swate , 922 S.W.2d at 124 ; Roosth , 881 S.W.2d at 301 .
discussed Cited as authority (rule) in Re Ignacio Jack Burcie, Jr. (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
The contempt order must “clearly state in what respect the court’s [earlier] order has been violated.” Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997) (orig. proceeding) (quoting Ex parte Proctor, 398 S.W.2d 917, 918 (Tex. 1966) (orig. proceeding)).
discussed Cited as authority (rule) in Re Ignacio Jack Burcie, Jr. (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
The contempt order must “clearly state in what respect the court’s [earlier] order has been violated.” Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997) (orig. proceeding) (quoting Ex parte Proctor, 398 S.W.2d 917, 918 (Tex. 1966) (orig. proceeding)).
cited Cited as authority (rule) In Re Alexander
Tex. App. · 2008 · confidence medium
Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
cited Cited as authority (rule) in Re Dwight D. Baker
Tex. App. · 2006 · confidence medium
Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997); Ex parte Barnett , 600 S.W.2d 252, 256 (Tex. 1980); see also Tex. Fam.
cited Cited as authority (rule) in Re: Dwayne Thomas Stenson
Tex. App. · 2006 · confidence medium
Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997); see also Tex. Fam.
discussed Cited as authority (rule) in Re Joseph Wesley Stucki, Individually and D/B/A Pumpkin Village, Flower Mound Pumpkin Patch, Inc. (2×) also: Cited "see"
Tex. App. · 2005 · confidence medium
App. P. 47.4. 2: Walker v. Packer , 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). 3: See In re Long , 984 S.W.2d 623, 625 (Tex. 1999) (orig. proceeding); Cadle Co. v. Lobingier , 50 S.W.3d 662, 666 (Tex. App.—Fort Worth 2001, pet. denied). 4: Cadle Co. , 50 S.W.3d at 667 (citations omitted). 5: See id. 6: Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997). 7: See id. 8: See Tex. R.
cited Cited as authority (rule) in Re Mark Taylor McDonald
Tex. App. · 2005 · confidence medium
Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997).
discussed Cited as authority (rule) In Re Estrello (2×)
Tex. App. · 2004 · confidence medium
The court in Patillo acknowledged: The law is well settled that due process requires a court, before imprisoning a person for violating an earlier order, to sign both a written judgment or order of contempt and a written commitment order. *395 Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
examined Cited as authority (rule) In Re Dooley (4×) also: Cited "see"
Tex. App. · 2004 · confidence medium
Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997) (orig.proceeding) (per cu-riam).
cited Cited as authority (rule) in Re Daniel J. Estrello
Tex. App. · 2004 · confidence medium
Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997).
discussed Cited as authority (rule) In Re Anascavage
Tex. App. · 2004 · confidence medium
“Due process requires a court, before imprisoning a person for violating an earlier order, to sign a written judgment or order of contempt and a written commitment order.” Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
examined Cited as authority (rule) In Re Nesevitch (3×) also: Cited "see"
Tex. App. · 2002 · confidence medium
Moreover, case law holds that a contempt order must “clearly state in what respect the court’s [earlier] order has been violated.” Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997) (quoting Ex parte Proctor, 398 S.W.2d 917, 918 (Tex.1966)).
discussed Cited as authority (rule) Ex Parte: Jesse Brian Nesevitch
Tex. App. · 2002 · confidence medium
Moreover, case law holds that a contempt order must A clearly state in what respect the court = s [earlier] order has been violated. @ Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997) (quoting Ex parte Proctor , 398 S.W.2d 917, 918 (Tex. 1966)).
cited Cited as authority (rule) in Re: Charles T. Patillo
Tex. App. · 2000 · confidence medium
Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997).
cited Cited as authority (rule) In Re Patillo
Tex. App. · 2000 · confidence medium
Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
discussed Cited "see" in Re Donovan Mittlelsted
Tex. App. · 2023 · signal: see · confidence high
See Cadle Co. v. Lobingier, 50 S.W.3d 662, 668 (Tex. App.—Fort Worth 2001, pet. denied) (citing Ex parte Shaklee, 939 S.W.2d 144 , 145 n.2 (Tex. 1997) (orig. proceeding), In re Cantu, 961 S.W.2d 482, 489 (Tex. App.—Corpus Christi-Edinburg 1997, orig. proceeding), and Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding)); see also Tex. Gov’t Code § 21.002(e) (providing that section 21.002 “does not affect a court’s power to confine a contemnor to compel him to obey a 7 Clay Expl., Inc. v. Santa Rosa Operating, LLC, 442 S.W.3d 795, 802-03 (Tex. App.— Ho…
discussed Cited "see" Shagufta Khan v. Salim Valliani and Agha Juice and Cafe
Tex. App. · 2014 · signal: see · confidence high
See Caudle Co. v. Lobingier, 50 S.W.3d 662, 667-68 (Tex.App.-Fort Worth 2001, pet. denied) (holding that civil contempt is not governed by Section 21.002 of the Government Code, citing Ex parte Shaklee, 939 S.W.2d 144 , 145 n. 2 (Tex.1997) (orig. proceeding)).
discussed Cited "see" In Re Watson (2×)
Tex. App. · 2003 · signal: see · confidence high
See Ex Parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
discussed Cited "see" in Re: Brannon K. Watson (2×)
Tex. App. · 2003 · signal: see · confidence high
See Ex Parte Shaklee , 939 S.W.2d 144, 145 ( Tex. 1997).
discussed Cited "see" In Re Ross (2×)
Tex. App. · 2003 · signal: see · confidence high
See Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997).
discussed Cited "see" in Re Carl Ross (2×)
Tex. App. · 2003 · signal: see · confidence high
See Ex parte Shaklee , 939 S.W.2d 144, 145 (Tex. 1997).
discussed Cited "see" in Re Carl Ross (2×)
Tex. App. · 2003 · signal: see · confidence high
See Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex. 1997).
discussed Cited "see" Cadle Co. v. Lobingier
Tex. App. · 2001 · signal: see · confidence high
See Ex parte Shaklee, 939 S.W.2d 144 , 145 n. 2 (Tex.1997) (orig.proceeding) (noting that section 21.002(b) sets out maximum punishment for criminal contempt); In re Cantu, 961 S.W.2d 482, 489 (Tex.App.—Corpus Christi 1997, orig. proceeding) (stating that section 21.002(b) merely sets out punishments allowed for criminal contempt and that coercive confinement for civil contempt is not limited by section 21.002(b)); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex.App.—El Paso 1994, orig. proceeding) (holding that punishment for criminal contempt — but not civil contempt — is limited by secti…
discussed Cited "see" Cadle Co. v. Lobingier
Tex. App. · 2000 · signal: see · confidence high
See Ex parte Shaklee, 939 S.W.2d 144 , 145 n. 2 (Tex.1997) (orig.proceeding) (noting that section 21.002(b) sets out maximum punishment for criminal contempt); In re Cantu, 961 S.W.2d 482, 489 (Tex.App.—Corpus Christi 1997, orig. proceeding) (stating that section 21.002(b) merely sets out punishments allowed for criminal contempt and that coercive confinement for civil contempt is not limited by section 21.002(b)); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex.App.—El Paso 1994, orig. proceeding) (holding that punishment for criminal contempt — but not civil contempt-is limited by section 2…
discussed Cited "see, e.g." In Re Green
Tex. · 2007 · signal: see also · confidence medium
A contempt order “cannot contain uncertainty or susceptibility of more than one construction or meaning.” Ex parte Glover, 701 S.W.2d 639, 640 (Tex.1985); see also Ex parte Shaklee, 939 S.W.2d 144, 145 (Tex.1997) (per curiam) (holding that a contempt order must clearly state in what respect the court’s earlier order has been violated and “must clearly specify the punishment imposed by the court”).
cited Cited "see, e.g." In Re Long
Tex. · 1999 · signal: see also · confidence low
See Ex parte Hudson, 917 S.W.2d 24, 26 (Tex.1996); Ex parte Genecov, 143 Tex. 476 , 186 S.W.2d 225, 226 (1945); see also Ex parte Shaklee, 939 S.W.2d 144 , 145 n. 2 (Tex.1997).
Retrieving the full opinion text from the archive…
Ex Parte Richard D. SHAKLEE, Relator
96-1275.
Texas Supreme Court.
Feb 21, 1997.
939 S.W.2d 144
Robert R. Foster, Don E. Williams, Long-view, for Relator., Patricia A S. Ray, Longview, for Respondent.
Per Curiam.
Cited by 52 opinions  |  Published

OPINION

PER CURIAM.

In this habeas corpus proceeding, relator challenges his confinement for violating a divorce decree. Because the trial court’s contempt order does not clearly specify the incidences of contempt the court found or the punishment it imposed, we hold that relator’s confinement does not comport with due process. Accordingly, the Court orders relator discharged.

Relator Richard Shaklee and Mary Bre-land divorced in 1993, with Breland receiving custody of their two children. The divorce decree requires Shaklee to share use of a “four-wheeler” with his children as follows:

IT IS FURTHER ORDERED AND DECREED that the use of the four-wheeler shall be divided between RICHARD DEAN SHAKLEE and the children, AMANDA JO SHAKLEE and DANIEL WAYNE SHAKLEE as Mows:
RICHARD DEAN SHAKLEE shall have the use and possession of the four-wheeler during the period of time the children are not in school for the summer and during the period of time he wants to take it to Colorado to go elk hunting.
[*145] AMANDA JO SHAKLEE AND DANIEL WAYNE SHAKLEE shall have the use and possession of the four-wheeler at all other times not specifically set out to RICHARD DEAN SHAKLEE above.

Breland moved for contempt in January 1996, alleging only that Shaklee “has consistently denied the children the use of the four-wheeler during the period of times provided for in the order.”

The court held an evidentiary hearing on Breland’s contempt motion on October 23, 1996. Breland testified that Shaklee had retained possession of the four-wheeler from July 12, 1995, until October 18, 1996. There was no evidence regarding when the children were on summer vacation during this period or when Shaklee may have been in Colorado elk hunting.

Following the hearing, the trial court signed an order holding Shaklee in contempt, and committing him to jail, for violating the paragraph regarding the four-wheeler. After finding that Shaklee retained possession of the four-wheeler from July 12,-1995, until October 18, 1996, the court further found that

on each day from July 12, 1995 until Friday, October 18, 1996 when the children were in school and when RICHARD DEAN SHAKLEE was not in Colorado elk-hunting he had the ability to comply with the prior order of the Court.

The court then held Shaklee in contempt “for each separate violation enumerated above,” assessing punishment at thirty days confinement “for each separate violation enumerated above.” The order, however, does not specify how many “separate violations” there are. Also, it does not specify whether the separate thirty-day sentences are to run concurrently or consecutively. Relator was incarcerated on October 24,1996.

After the court of appeals denied Shaklee’s petition for writ of habeas corpus, [1] Shaklee sought relief from this Court. We ordered him released on bond pending our consideration of the merits.

Due process requires a court, before imprisoning a person for violating an earlier order, to sign a written judgment or order of contempt and a written commitment order. See Ex parte Barnett, 600 S.W.2d 252, 256 (Tex.1980). The contempt order must “clearly state in what respect the court’s [earlier] order has been violated.” Id. (quoting Ex parte Proctor, 398 S.W.2d 917, 918 (Tex.1966)). It follows also that, to satisfy due process, the contempt order must clearly specify the punishment imposed by the court. Cf. Tex.Fam.Code § 157.166(a) (child support enforcement order must specify relief granted by the court). The trial court’s contempt order (which was also the commitment order) does not satisfy these requirements.

The court found that Shaklee retained possession of the four-wheeler from July 12, 1995, until October 18, 1996. The court did not determine, however, the days during this period that Shaklee was entitled to possession; i.e:, when the children were out of school for the summer and when Shaklee was in Colorado elk hunting. Indeed, there is no evidence about these dates. This deficiency is critical because the court sentenced Shak-lee to thirty days incarceration for “each separate violation,” which appears to refer to each day that Shaklee violated the decree. Moreover, the order does not specify whether the thirty-day sentences are to run consecutively or concurrently. Thus, a sheriff relying on the contempt order has no way to determine how long Shaklee is to remain in jail. Under these circumstances, the contempt order is void. [2]

[*146] Accordingly, the Court orders relator discharged.

1

. Shaklee first sought habeas relief from the Sixth Court of Appeals in Texarkana, which denied relief. Shaklee then filed a writ with the Twelfth Court of Appeals in Tyler, which has overlapping jurisdiction with the Sixth Court for matters originating in Gregg County. See Tex. Gov’t Code § 22.201(g), (m). After releasing relator on bond, the Tyler court of appeals learned that relator had already presented his petition to the Texarkana court of appeals. Concluding that it could not consider the petition under these circumstances, the court denied relief and rescinded the bond.

2

. The maximum incarceration for criminal contempt is six months. See Tex.Gov’t Code § 21.002(b). We have held that a court may not carve a continuing contemptuous act into separate violations so as to exceed this maximum punishment. See Ex parte Hudson, 917 S.W.2d[*146] 24, 26 (Tex.1996). Because the court’s contempt order in this case is fatally vague, we need not decide whether, if intended to impose consecutive sentences, it would violate Hudson.