Ex Parte Timothy Jamal White v. the State of Texas

Opinion

Court of Appeals

Tenth Appellate District of Texas

10-25-00059-CR

Ex parte Timothy Jamal White

Original Proceeding

CHIEF JUSTICE JOHNSON delivered the opinion of the Court.

MEMORANDUM OPINION

Timothy Jamal White, acting pro se, has filed a document requesting a “writ of prohibition.” White asserts that he is being improperly incarcerated without bond on a theft charge.

We have determined that the document filed by White is an original application for a writ of habeas corpus. See In re Chavez, No. 01-16-00183-CR, 2016 WL 1267804, at *1 (Tex. App.—Houston [1st Dist.] Mar. 31, 2016, orig. proceeding) (per curiam) (mem. op., not designated for publication) (“[I]t is the substance of a document, rather than its title, that governs.”). The courts of appeals, however, have no original habeas-corpus jurisdiction in criminal matters. Ex parte Braswell, 630 S.W.3d 600, 601 (Tex. App.—Waco 2021, orig. proceeding). Accordingly, this proceeding is dismissed for want of jurisdiction.

MATT JOHNSON

Chief Justice

OPINION DELIVERED and FILED: March 13, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do not publish [OT06]

Ex parte White Page 2