Ex Parte Gerald W. Johnson

Summary

The Texas Supreme Court held that the turnover order issued under article 3827a was not void but merely voidable, and that the contempt judgment could not be attacked on that ground. However, the Court found that Johnson's criminal contempt proceeding violated due process because he was tried in absentia without a finding that he voluntarily waived his right to be present, and therefore ordered his discharge. Justice Robertson dissented, arguing that the contempt conviction should stand.