Fifth District Denies Habeas Relief for Failure to Verify Record and Prove Present Confinement

Memorandum Opinion by Justice Smith, 05-26-00109-CV, February 09, 2026.

On appeal from the 219th Judicial District Court, Collin County.

Synopsis

The Fifth Court of Appeals denied a petition for writ of habeas corpus because the relator failed to provide a record that complied with the mandatory authentication requirements of Texas Rule of Appellate Procedure 52. Additionally, the court found the petition substantively deficient for failing to provide competent evidence of the relator’s present confinement or restraint, a jurisdictional prerequisite for habeas relief.

Relevance to Family Law

In the high-stakes arena of family law enforcement, a writ of habeas corpus is the primary shield against trial court orders that result in the wrongful incarceration of a client for contempt. Whether the underlying issue involves child support arrears or violations of a possession and access order, this case highlights that the Dallas Court of Appeals strictly enforces procedural hurdles in original proceedings. For family law litigators, the takeaway is clear: even if the trial court’s contempt order is legally or factually infirm, the appellate court will never reach the merits if the petition fails to include a record sworn under penalty of perjury or fails to prove the client is actually behind bars.

Case Summary

Fact Summary

Relator Charles Jeff Jayroe filed a petition for writ of habeas corpus on January 30, 2026, seeking relief from the 219th Judicial District Court’s orders finding him in contempt and ordering his incarceration. To support his claim, the Relator filed an appendix containing various documents. While the Relator included certified copies of the specific order holding him in contempt and an order denying a motion to recuse, the remaining documents in the appendix—many of which were material to his claim—were neither certified nor sworn. Furthermore, although the Relator asserted he was being held in the Collin County Jail, he did not provide the court with an affidavit or official documentation confirming his current status of confinement.

Issues Decided

The court considered whether a relator seeking habeas corpus relief satisfies the procedural and evidentiary requirements of Rule 52 when the supporting record contains unsworn documents and the petition lacks competent proof of current confinement or restraint.

Rules Applied

The Court relied on Texas Rules of Appellate Procedure 52.7(a) and 52.3(l)(1)(B), which require a relator to file a certified or sworn copy of every document material to the claim for relief. The Court emphasized that because parties in an original proceeding are responsible for assembling their own record, these rules are strictly enforced to ensure record integrity. The Court further applied the standard that a document is only “sworn” if it is accompanied by an affidavit or unsworn declaration that invokes the “penalty of perjury” and demonstrates personal knowledge of the document’s authenticity. Finally, the Court applied Rule 52.3(l)(1)(D), which mandates that a relator provide proof of current confinement or restraint.

Application

The Court’s analysis focused on the Relator’s failure to adhere to the technical requirements of the appellate rules. The Court noted that while some documents were certified by the clerk, others were merely attached without a proper supporting affidavit or unsworn declaration. Critically, the Court found that the certification provided by the Relator did not invoke the penalty of perjury, which is a fatal defect under Fifth District precedent.

The Court further addressed the evidentiary gap regarding the Relator’s incarceration. Drawing on prior holdings, the Court explained that unsworn statements in a petition or even website printouts from a sheriff’s department are insufficient to satisfy the requirement of proving present confinement. Because Jayroe did not provide a sworn statement or an official booking record to prove he was currently restrained of his liberty, he failed to trigger the Court’s authority to grant habeas relief.

Holding

The Court denied the petition for writ of habeas corpus. The Court held that the Relator failed to satisfy the mandatory requirements of Rule 52 because the record provided was not properly sworn or certified in its entirety, specifically noting the absence of a declaration made under penalty of perjury for material documents.

In a separate and sufficient ground for denial, the Court held that the Relator failed to provide the requisite proof of present confinement or restraint. The Court reaffirmed that without competent proof of current incarceration, a relator cannot obtain habeas relief in an original proceeding.

Practical Application

Practitioners must treat the assembly of a habeas record with the same level of care as the legal briefing itself. In the Dallas Court of Appeals, a “sworn” copy requires more than just an attorney’s signature; it requires a specific declaration under penalty of perjury that the copies are true and correct. When a client is in jail, the instinct is to file immediately, but an unverified record will almost certainly result in a summary denial. Furthermore, you must bridge the evidentiary gap between the “Order of Commitment” and the client’s actual presence in jail by providing a sworn affidavit or a jail booking sheet.

Checklists

Authenticating the Habeas Record

• Identify every document filed in the trial court that is material to the contempt finding.
• Obtain certified copies of the Contempt Order and the Commitment Order from the District Clerk.
• For all other documents (e.g., motions, hearing transcripts, or evidence), attach a declaration.
• Ensure the declaration includes the phrase “under penalty of perjury.”
• Verify the affiant or declarant states they have personal knowledge that the attached documents are true and correct copies of the originals.

Proving Jurisdictional Restraint

• Secure a copy of the Relator’s booking or intake sheet from the county jail.
• Include a sworn affidavit from the Relator or an attorney with personal knowledge attesting to the fact that the Relator is currently in custody.
• Specify the exact facility where the Relator is being held.
• Do not rely on unsworn statements within the body of the petition or unverified printouts from jail rosters.

Citation

In re Charles Jeff Jayroe, No. 05-26-00109-CV, 2026 WL [TBD] (Tex. App.—Dallas Feb. 9, 2026, orig. proceeding) (mem. op.).

Full Opinion

The full opinion can be found here: https://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=597c370d-2683-4454-9355-541181a45a78&MediaID=694fc316-0a9e-40a8-8a0a-24dee55b45b8&coa=05&DT=Opinion

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