Ex Parte Isiah Scott v. the State of Texas

Court of Appeals of Texas·Decided June 20, 2024·No. 10-24-00169-CR·Published

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-24-00169-CR

EX PARTE ISIAH SCOTT

Original Proceeding

From the 87th District Court Leon County, Texas

Trial Court No. 22-0120CR

MEMORANDUM OPINION

Isiah Scott 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)). Accordingly, this proceeding is dismissed for want of jurisdiction.

MATT JOHNSON

Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed June 20, 2024 Do not publish [OT06]

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Related

Ex Parte Martinez
175 S.W.3d 510 (Court of Appeals of Texas, 2005)