HARRELL v. STATE

No. 07-0806.

286 S.W.3d 315 (2009)

Walter E. HARRELL, Petitioner, v. The STATE of Texas, Respondent.

Supreme Court of Texas.

June 5, 2009.


Attorney(s) appearing for the Case

Walter E. Harrell, Snyder, TX, pro se.

James Caleb Scott, Slates Collins Veazey, Gardere Wynne Sewell LLP, Dallas, TX, for Petitioner.

Ramon Gallegos, District Attorney of Terry County, Jason Bujnosek, Assistant Terry County Atty., Brownfield, TX, for Respondent.

Sharon Felfe Howell, Office of General Counsel, TDCJ, Huntsville, TX, Allan Kennedy Cook, Assistant Atty. Gen., Austin, TX, for Amicus Curiae.


Justice WILLETT delivered the opinion of the Court.

In this case, we examine whether a court order directing prison officials to withdraw money from an inmate trust account is a civil or criminal matter and, if civil, what process is due an inmate when such an order is issued. We conclude that proceedings under Government Code section 501.014(e) to recover court fees and costs assessed against inmates are civil in nature and not part of the underlying criminal case...

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