Ex Parte Isiah Scott v. the State of Texas
This text of Ex Parte Isiah Scott v. the State of Texas (Ex Parte Isiah Scott v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed June 20, 2024 Do not publish [OT06]
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