Ex Parte John David Russell

• Court: Court of Appeals of Texas
• Decided: July 15, 2021
• Docket: 13-21-00096-CR
• Status: Published

Opinion

NUMBER 13-21-00096-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

____________________________________________________________

EX PARTE JOHN DAVID RUSSELL ____________________________________________________________

On appeal from the 25th District Court of Gonzales County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Longoria, Hinojosa, and Tijerina Memorandum Opinion by Justice Tijerina

Before the court is appellant’s motion for appointment of counsel. Appellant is

attempting to appeal an order denying a post-conviction writ of habeas corpus. On March

5, 2021, the trial court signed an order denying a motion of transfer request, which this

court will construe as habeas corpus relief sought. On April 1, 2021, appellant filed a

notice of appeal wherein he attempts to appeal the trial court’s denial of the writ of habeas

corpus. Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests

exclusively with the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art.

11.07, § 5; Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth

Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W .3d 715, 717–

18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Therefore, this Court does not

have jurisdiction over this matter.

The appeal is dismissed for lack of jurisdiction; accordingly, appellant’s motion for

appointment is counsel is also dismissed for lack of jurisdiction.

JAIME TIJERINA Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 15th day of July, 2021.