Gibson v. State (1996)

In Gibson v. State, 921 S.W.2d 747 (Tex.App.--El Paso 1996, writ denied), an attorney filed an application for habeas relief pursuant to Article 11 of the Code of Criminal Procedure. Id. at 751-52. He alleged that the El Paso County Sheriff unlawfully restrained his liberty by requiring him to pass his belongings through an "X-ray" machine and to walk through a magnetometer, before being permitted to enter the courthouse. Id. The Court held, "A writ of habeas corpus pursuant to Article 11 of the Code of Criminal Procedure is a criminal proceeding." Gibson, 921 S.W.2d at 753.