Court of Criminal Appeals of Texas
Ex Parte Eric Brian Schmidt, Appellant
July 2, 20032003 Tex. Crim. App. LEXIS 155
Summary
The Court held that Article 11.09 of the Code of Criminal Procedure does not require a petitioner to be confined for a county court to have jurisdiction to issue a writ of habeas corpus, reversing the lower courts and remanding for action consistent with this opinion. Justice Keasler dissented, arguing the Court decided issues not before it and should have dismissed the petition as improvidently granted.