Ex Parte David Lester Grohoske

• Court: Court of Appeals of Texas
• Decided: September 14, 2022
• Docket: 10-22-00290-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00290-CR

EX PARTE DAVID LESTER GROHOSKE

Original Proceeding

From the 82nd District Court Falls County, Texas Trial Court No. 11021

MEMORANDUM OPINION

David Lester Grohoske asks that we grant and issue a writ of habeas corpus

pursuant to article 11.15 of the Texas Code of Criminal Procedure (writ granted without

delay) and released on bail pursuant to 17.151 of The Texas Code of Criminal Procedure

(release because of delay) because he is illegally confined and restrained in his liberty in

the Falls County Jail.

Grohoske is correct that a writ of habeas corpus is the remedy to be used when

any person's liberty is restrained, and it is issued by a court or judge of competent

jurisdiction. TEX. CODE CRIM. PROC. art. 11.01. Jurisdiction to grant a writ of habeas

corpus in a criminal case vests with the Court of Criminal Appeals, the district courts, the county courts, or any judge in those courts. See TEX. CODE CRIM. PROC. art. 11.05; Ex parte

Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding). Thus, courts

of appeals, such as this Court, have no original habeas-corpus jurisdiction in criminal

matters. Id. See also In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig.

proceeding); In re Ayers, 515 S.W.3d 356 (Tex. App.—Houston [14th Dist.] 2016, orig.

proceeding).

Because this Court does not have original habeas corpus jurisdiction, we cannot

rule on Grohoske's requests. Accordingly, we dismiss this proceeding.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Original proceeding dismissed Opinion delivered issued and filed September 14, 2022 Do not publish [OT06]

Ex parte Grohoske Page 2