Ex Parte Kevin Neal Glaspie

• Court: Court of Appeals of Texas
• Decided: December 28, 2022
• Docket: 10-22-00420-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00420-CR

EX PARTE KEVIN NEAL GLASPIE

From the 443rd District Court Ellis County, Texas Trial Court No. 48617CR

MEMORANDUM OPINION

On December 14, 2022, we received a document from Kevin Neal Glaspie entitled

“Defendant’s Motion for Injunction.” In the document, Glaspie requests that we

authorize the trial court to immediately release him from his confinement on a state-jail-

felony charge.

We construe the document from Glaspie as an original application for a writ of

habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.01 (“The writ of habeas corpus is

the remedy to be used when any person is restrained in his liberty.”). The courts of

appeals, however, have no original habeas-corpus jurisdiction in criminal matters. Ex

parte Braswell, 630 S.W.3d 600, 601–02 (Tex. App.—Waco 2021, orig. proceeding).

Accordingly, this proceeding is dismissed for want of jurisdiction. MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith (Chief Justice Gray concurs in the Court’s judgment of dismissal. A separate opinion will not issue.) Dismissed Opinion delivered and filed December 28, 2022 Do not publish [OT06]

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