In Re Barry Wallace v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 17, 2025
• Docket: 03-25-00472-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00472-CV

In re Barry Wallace

ORIGINAL PROCEEDING FROM BELL COUNTY

MEMORANDUM OPINION

Relator Barry Wallace, an inmate in Bell County, has filed a petition for writ of

habeas corpus complaining of an assortment of issues in the underlying criminal matter. “The

Texas Constitution grants courts of appeals original jurisdiction only where specifically

prescribed by law.” Ex parte Braswell, 630 S.W.3d 600, 601 (Tex. App.—Waco 2021, no pet.);

see Tex. Const. art. V, § 6. Our original jurisdiction to issue a writ of habeas corpus is limited to

those cases where a person’s liberty is restrained because the person has violated an order,

judgment, or decree entered in a civil case. Tex. Gov’t Code § 22.221(d); In re Reece,

341 S.W.3d 360, 364 n.3 (Tex. 2011) (orig. proceeding). Consequently, we lack original habeas

corpus jurisdiction in criminal matters. Braswell, 630 S.W. 3d at 601–02; Queen v. State,

212 S.W.3d 619, 623 (Tex. App.—Austin 2006, no pet.). Accordingly, we dismiss Wallace’s

petition for want of jurisdiction. __________________________________________ Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Crump and Ellis

Filed: July 17, 2025