In Capps v. State, 265 S.W.3d 44, the man challenged the order of the court that denied his application for a writ of Habeas Corpus. This challenged his prosecution for misapplication of fiduciary property under the Texas code.
The lawyer was disbarred for not carrying out the settlement proceeds to a client. Instead of giving his client the money he put the cash into investment funds for his own benefit. He was supposed to pay his client $636,000 for the case. Before his case he wanted a writ of habeas corpus, stating that the State’s case against him for misapplication following the judgment of disbarment against him.
The court stated that there was very little evidence that the defendant’s disbarment was so punitive in effect as to transform the actions and sanctions.
The order denying the inmate’s application was affirmed.
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