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Ex parte Davis (1988) – Case Brief Summary (Texas)

In Ex parte Davis, 748 S.W.2d 555, 557 (Tex. App.--Houston 1st Dist. 1988, pet. ref'd), a habeas corpus applicant alleged that, although he had served his sentence and paid his fine, he remained confined because he was denied entry into the military service as a result of his misdemeanor conviction. See id.

The First Court of Appeals concluded that, under these facts, a void misdemeanor conviction constitutes "confinement" or "restraint" as defined by the habeas corpus statutes, and also constitutes a "collateral legal consequence" which would invoke an appellate court's writ power. See id.