Ex Parte Bonnie Allen Thomas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 31, 2024
• Docket: 10-24-00341-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00341-CR

EX PARTE BONNIE ALLEN THOMAS

Original Proceeding

From the 18th District Court Johnson County, Texas Trial Court No. F50926

MEMORANDUM OPINION

Bonnie Allen Thomas has filed a document that we have construed as an original

application for a writ of habeas corpus. The courts of appeals, however, have no original

habeas-corpus jurisdiction in criminal matters. Ex parte Braswell, 630 S.W.3d 600, 601 (Tex.

App.—Waco 2021, orig. proceeding); Ex parte Martinez, 175 S.W.3d 510, 512–13 (Tex.

App.—Texarkana 2005, orig. proceeding) (“Our law requires post-conviction

applications for writs of habeas corpus, for felony cases in which the death penalty was

not assessed, to be filed in the court of original conviction, made returnable to the Texas

Court of Criminal Appeals.”) (citing TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a)–(b)); see Ex parte Turner, No. 12-19-00357-CR, 2020 WL 500780, at *3 n.2 (Tex. App.—Tyler Jan.

31, 2020, no pet.) (mem. op., not designated for publication) (“An action to seek habeas

relief from a parole hold is solely within the jurisdiction and authority of the Texas Court

of Criminal Appeals.”). Accordingly, this proceeding is dismissed for want of

jurisdiction.

MATT JOHNSON Justice

Before Chief Justice Gray*, Justice Johnson, and Justice Smith *(Chief Justice Gray concurs.) Dismissed Opinion delivered and filed October 31, 2024 Do not publish [OT06]

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