Ex Parte Phillip Scott

• Court: Court of Appeals of Texas
• Decided: January 24, 2023
• Docket: 03-23-00017-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00017-CV

Ex parte Phillip Scott

ORIGINAL PROCEEDING FROM COMAL COUNTY

MEMORANDUM OPINION

Phillip Scott has filed an original pro se application for writ of habeas corpus

challenging the existence of probable cause for his pretrial confinement. See Tex. Code Crim.

Proc. arts. 11.01, .05, .40.

The original habeas corpus jurisdiction of a court of appeals is limited to cases

where a person’s liberty is restrained because he or she has violated an order, judgment, or

decree in a civil case. See Tex. Gov’t Code § 22.221(d); In re Reece, 341 S.W.3d 360, 364 n.3

(Tex. 2011). Courts of appeals have no original habeas jurisdiction in criminal matters. In re

Ayers, 515 S.W.3d 356 (Tex. App.—Houston [14th Dist.] 2016, no pet.); see Ex parte Braswell,

630 S.W.3d 600, 601–02 (Tex. App.—Waco 2021, no pet.); Dodson v. State, 988 S.W.2d 833,

835 (Tex. App.—San Antonio 1999, no pet.) (“The courts of appeals have no original habeas

corpus jurisdiction in criminal matters; their jurisdiction is appellate only.”). Original

jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Court of Criminal

Appeals, the district courts, the county courts, or a judge of those courts. Tex. Code Crim. Proc.

art. 11.05.; see Ayers, 515 S.W.3d at 356. Accordingly, we dismiss Scott’s original application for writ of habeas corpus for

want of jurisdiction.

__________________________________________ Rosa Lopez Theofanis, Justice

Before Chief Justice Byrne, Justices Triana and Theofanis

Filed: January 24, 2023