Man Released From County Jail After Nearly Five Months on Erroneous Civil Contempt Claim |
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In September 2009, on the theory that as executor of his mother’s estate Jerry Byrom refused to pay two overdue invoices to an accountant and lawyer who each incurred charges for her guardianship, the 71-year-old Mr. Byrom was locked in the Cherokee County, Texas jail for civil contempt. Tyler criminal defense attorney James W. Volberding filed a petition for writ of habeas corpus in the Tyler Court of Appeals asking for Mr. Byrom’s immediate release and briefing the case. Time passed and the court would not make a decision. Mr. Volberding then wrote the Chief Justice. After the Chief Justice failed to respond, Mr. Volberding filed a motion to put the case on the accelerated docket, which the court granted, though it still took no action. He then filed two more motions asking for a decision, which the court denied. On January 20, 2010, Mr. Volberding filed a petition in the Supreme Court of Texas seeking Mr. Byrom’s release and explaining that the Tyler court would not make a decision. Nine days later, the Tyler Court of Appeals rendered a decision for Mr. Byrom, completely in his favor, finding that he was jailed in violation of the Texas Constitution’s ban on imprisoning citizens for civil debts. |
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