in Re Brandon Williams

• Court: Court of Appeals of Texas
• Decided: April 26, 2022
• Docket: 14-22-00073-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 26, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00073-CR

IN RE BRANDON WILLIAMS, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 149th District Court Brazoria County, Texas Trial Court Cause No. 71723

MEMORANDUM OPINION

On February 4, 2022, relator Brandon Williams filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Terri Tipton Holder, presiding judge of the 149th District Court of Brazoria County, “who has failed to act under 11.07(3)(c)(d) ordering defense attorney to provide his sworn affidavit in response to the foregoing questions of unresolved issues under Cause No. 71723.”

Relator’s petition consists of his allegations of “unresolved issues” and relator references in his petition Article 11.07(3)(c)(d) of the Texas Code of Criminal Procedure. Article 11.07 establishes the procedures for an application for writ of habeas corpus. Only the Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Tex. Code Crim. Proc. Ann. art. 11.07; see Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). Therefore, this court has no mandamus jurisdiction in matters related to petitions for writ of habeas corpus in criminal cases. See In re Briscoe, 230 S.W.3d 196, 196 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding) (“We have no authority to issue writs of mandamus in criminal law matters pertaining to proceedings under article 11.07). To complain about any action or inaction of the convicting court, relator may seek mandamus relief from the Texas Court of Criminal Appeals. See Briscoe, 230 S.W.3d at 196–97.

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Poissant, and Wilson. Do Not Publish — Tex. R. App. P. 47.2(b).