In Re Andrew Burke v. the State of Texas
This text of In Re Andrew Burke v. the State of Texas (In Re Andrew Burke v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed January 4, 2024.
In The
Fourteenth Court of Appeals
NO. 14-23-00703-CR
IN RE ANDREW BURKE, Relator
ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 458th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCR-099866
MEMORANDUM OPINION
On September 22, 2023, relator Andrew Burke filed a petition for writ of habeas corpus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. Relator seeks a new trial.1
1 Relator’s direct appeal of the underlying conviction is pending before this Court in No. 23- 00712-CR. The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Id. (citing Tex. Code Crim. Proc. Ann. art 11.05).
Accordingly, relator’s petition is dismissed for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).
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