Texas Supreme Court

Ex Parte Gerald W. Johnson

July 6, 198326 Tex. Sup. Ct. J. 484

Summary

The Texas Supreme Court held that the turnover order was not void but merely voidable, that it was not facially impossible to comply with, and that Johnson's failure to appear at the contempt hearing without a valid waiver violated his due‑process rights, resulting in his discharge from confinement. Justice Robertson dissented, arguing that the contempt proceeding was proper and should be remanded to the sheriff.