In Re Bryan Lacy Swisher v. the State of Texas

• Court: Texas Court of Appeals, 10th District (Waco)
• Decided: March 12, 2026
• Docket: 10-26-00066-CR
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-26-00066-CR

In re Bryan Lacy Swisher

Original Proceeding

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Bryan Lacy Swisher, proceeding pro se, filed a document in this Court

that we construe as an application for writ of habeas corpus. This document

addresses Swisher’s convictions in trial court cause number 2016-774-C1 for

the offenses of continuous sexual abuse of a child and indecency with a child.

See TEX. CODE CRIM. PROC. ANN. art. 11.07.1 Swisher raises claims of double

jeopardy and actual innocence, and argues that the State suppressed evidence

in violation of Brady v. Maryland, 373 U.S. 83 (1963), and knowingly sponsored

perjured testimony.

1We previously affirmed these convictions. See Swisher v. State, No. 10-19-00285-CR, 2020 WL 7867281 (Tex. App.—Waco Dec. 30, 2020, pet. ref’d) (mem. op., not designated for publication). Intermediate appellate courts do not have original habeas corpus

jurisdiction in criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d).

Jurisdiction to grant a writ of habeas corpus in a criminal case vests with the

Court of Criminal Appeals, the district courts, the county courts, or any judge

in those courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05; Ex parte Braswell,

630 S.W.3d 600, 601-02 (Tex. App.—Waco 2021, orig. proceeding).

Accordingly, we dismiss Swisher’s application for writ of habeas corpus

for want of jurisdiction.

STEVE SMITH Justice

OPINION DELIVERED and FILED: March 12, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do not publish OT06

In re Bryan Lacy Swisher Page 2