In re Luther (Per Curiam)
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The Supreme Court granted Petitioner's petition for writ of habeas corpus and ordered that Petitioner is and shall remain discharged from custody, holding that the subject temporary restraining order's lack of specificity regarding the conduct to be restrained rendered it and the judgment of contempt and order of confinement void.
Petitioner was jailed and her solely-owned business, a cosmetology salon, was fined for violating a temporary restraining order requiring them to cease and desist for operating the salon for in-person services in violation of regulations related to the COVID-19 pandemic. The trial court issued a judgment holding Petitioner and her business in contempt. Petitioner filed this habeas corpus petition arguing that she was illegally restrained because the temporary restraining order was unconstitutional and void. The Supreme Court agreed, holding (1) the temporary order was void; and (2) therefore, the contempt judgment based on that order was void as well.
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