Ex parte Fineberg (original by judge richardson)Annotate this Case
Appellant applied for habeas relief to challenge the trial court’s modification to the conditions of her community supervision that precluded Appellant from having any access to her own minor children. The trial court denied Appellant’s writ application, and the court of appeals affirmed the trial court’s denial of Appellant’s writ application. The Texas Court of Criminal Appeals reversed, finding that because the challenged modification infringed on Appellant’s fundamental constitutional right as a parent to have contact with her own children, the trial court should have held a hearing before issuing the modification. Following the trial court’s modification of her conditions that prohibited her from having contact with her own children, the Appellant was notified of those changes and refused to sign those conditions. Appellant’s attorney subsequently filed objections to those modifications and, failing to obtain relief, filed an Article 11.072 writ application. Having failed to provide the Appellant with a hearing at the time of the initial modification, under the facts of this case, the trial court could have remedied the situation by conducting a hearing before ruling on the 11.072 writ application. Since no hearing was held, Appellant had no opportunity to present evidence to support her challenge to the modification in question. Therefore, the court of appeals erred in affirming the trial court’s denial of Appellant’s claim for habeas relief.