Ex Parte James Mangum

• Court: Court of Appeals of Texas
• Decided: August 23, 2012
• Docket: 10-12-00298-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-12-00298-CR

EX PARTE JAMES MANGUM

From the 54th District Court McLennan County, Texas Trial Court No. 2011-2513-C2

MEMORANDUM OPINION

James Mangum has filed a pre-trial petition for writ of habeas corpus. His

complaint is that the trial court denied motions made by his appointed counsel and

himself to have the appointed counsel replaced with another appointed counsel. While

we note a number of procedural problems with the petition, which are noted below, we

use Rule 2 to expedite the disposition of this proceeding.1 TEX. R. APP. P. 2.

As to the merits of the petition, however, Mangum’s complaint is really nothing

more than an attempt to have a review of an interlocutory order. He has not asserted or

1 Mangum’s petition does not follow the appellate rule on original proceedings in the appellate court. There is no identification of the parties, no table of contents, no index of authorities, no statement of jurisdiction, no issues presented, and no clear and concise argument. See TEX. R. APP. P. 52.3. There is no certification, and the documents attached to the petition do not show that they are certified or sworn to. Id. (j), (k); 52.7. Further, the petition for writ of habeas corpus was not served. A copy of all documents presented to the Court must be served on all parties to the proceeding and must contain proper proof of service. TEX. R. APP. P. 9.5(a). shown an unconstitutional restraint of his person that would invoke this Court’s very

limited constitutional jurisdiction of a writ of habeas corpus. See Ramirez v. State, 36

S.W.3d 660, 664 (Tex. App.—Waco 2001, pet. ref’d) (no original jurisdiction of any

criminal habeas corpus proceeding); TEX. CONST. art. V § 6 (courts of appeals shall have

such other jurisdiction, original and appellate, as may be prescribed by law). See also Ex

parte Schmidt, 109 S.W.3d 480, 482 (Tex. Crim. App. 2003) (when a trial court has

jurisdiction to issue a writ and denies relief, the denial can be appealed).

Therefore, we dismiss the petition for writ of habeas corpus for lack of

jurisdiction.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition dismissed Opinion delivered and filed August 23, 2012 Do not publish [OT06]

Ex parte Mangum Page 2