Walter E. Harrell, Petitioner v. the State of Texas, Respondent

Summary

The Texas Supreme Court held that court orders directing the Texas Department of Criminal Justice to withdraw funds from an inmate trust account under Government Code section 501.014(e) to pay court fees and costs are civil, not criminal, matters, placing them within the Supreme Court's jurisdiction and reversing the court of appeals' dismissal of the inmate's appeal for want of jurisdiction. Applying the United States Supreme Court's three-factor balancing test for due process, the Court concluded that an inmate is entitled to notice (a copy of the withdrawal order or other court notification) and an opportunity to be heard (an inmate motion), but neither need occur before the funds are withdrawn, and that appellate review should proceed by appeal as in analogous civil post-judgment enforcement actions. Because the inmate received exactly that process, the Court rendered judgment affirming the trial court's order denying his motion to rescind the $748 in withdrawal orders.