Ex Parte: Patricia McMillion v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 2, 2024
• Docket: 05-24-01105-CR
• Status: Published

Opinion

Dismiss and Opinion Filed October 2, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01105-CR

EX PARTE PATRICIA MCMILLION

Original proceeding from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. 057504-15

MEMORANDUM OPINION Before Justices Molberg, Breedlove, and Kennedy Opinion by Justice Breedlove Before the Court is Patricia McMillion’s document styled “Common Law

Writ Declaration of Entitlement to Article III Judiciary.” The document appears to

be an original proceeding seeking a post-conviction writ of habeas corpus and

mandamus relief against a clerk or court coordinator in Grayson County. We lack

jurisdiction to grant the relief relator seeks, and we dismiss the proceeding for want

of jurisdiction.

Relator was convicted of murder on June 10, 2009, and sentenced to eighty

years’ imprisonment. This Court affirmed her conviction on May 25, 2011, and this

Court’s mandate issued August 3, 2011. See McMillion v. State, No. 05-09-01014- CR, 2011 WL 2028214 (Tex. App.—Dallas May 25, 2011, no pet.) (mem. op; not

designated for publication). In 2016, she filed a petition for writ of mandamus

challenging the portion of the judgment requiring her to pay $10,000 in fines and

court costs. We denied the petition for writ of mandamus. See In re McMillion, 05-

16-00007-CV, 2016 WL 145700 (Tex. App.—Dallas Jan. 12, 2016, orig.

proceeding).

In this proceeding, relator requests, inter alia, release from the Texas

Department of Criminal Justice and the vacating of the 2009 judgment. We do not

have jurisdiction to consider an original application for writ of habeas corpus filed

in a criminal proceeding. See TEX. GOV’T CODE ANN. § 22.221(d) (court of appeals

has jurisdiction to issue writ of habeas corpus “in a civil case”); In re Ayers, 515

S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016 orig. proceeding) (per

curiam). Relator’s complaint falls within the scope of a post-conviction writ of

habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. See

TEX. CODE CRIM. PROC. ANN. art. 11.07, § 1. The Texas Court of Criminal Appeals,

and not this Court, has exclusive jurisdiction in final, post-conviction felony

proceedings. Id. art. 11.07, § 3(a); Ater v. Eighth Ct. of Appeals, 802 S.W.2d 241,

243 (Tex. Crim. App. 1991) (orig. proceeding) (“We are the only court with

jurisdiction in final post-conviction felony proceedings.”).

To the extent relator may seek a writ of mandamus against a clerk or court

coordinator in Grayson County for failing to file a document seeking post-conviction

–2– relief, this Court may issue a writ of mandamus against a clerk or person other than

a judge only as necessary to enforce our jurisdiction. See TEX. GOV’T CODE ANN. §

22.221(a), (b). Because we have no jurisdiction in final post-conviction felony

proceedings, requiring the filing of a document related to relator’s conviction is not

necessary to enforce our jurisdiction. See TEX. CODE CRIM. PROC. art. 11.07, § 5; In

re Mooney, No. 05-07-01348-CV, 2007 WL 3054284, at *1 (Tex. App.—Dallas Oct.

22, 2007, orig. proceeding) (mem. op.) (dismissing for want of jurisdiction inmate’s

petition for writ of mandamus when inmate requested Court to compel district clerk

to file a motion relating to inmate’s application for writ of habeas corpus pursuant

to article 11.07). Thus, we lack jurisdiction to compel a clerk or court coordinator

to file relator’s motion. Cf. TEX. CONST. art. V, § 5(c) (court of criminal appeals has

the power to issue writs of mandamus in criminal law matters).

To the extent relator seeks any other relief, the document she filed does not

show we have jurisdiction to grant the relief.

We dismiss this original proceeding for want of jurisdiction.

241105f.u05 /Maricela Breedlove/ Do Not Publish MARICELA BREEDLOVE TEX. R. APP. P. 47.2(b) JUSTICE

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