in Re Bryan P. Suhre

• Court: Court of Appeals of Texas
• Decided: April 15, 2010
• Docket: 03-10-00190-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00190-CV

In re Bryan P. Suhre

ORIGINAL PROCEEDING FROM BELL COUNTY

MEMORANDUM OPINION

In a petition for writ of mandamus, Bryan P. Suhre alleges that he filed an application

for post-conviction writ of habeas corpus in the 264th District Court on August 4, 2009. See Tex.

Code Crim. Proc. Ann. art. 11.07 (West Supp. 2009). He asks the Court to issue a writ of mandamus

to compel the district court to act on the habeas corpus application, which he asserts the court has

failed to do.

Post-conviction habeas corpus applications pursuant to article 11.07 are returnable

to the court of criminal appeals. Id. § 3(a). In these cases, the convicting court acts as a fact-finder,

and it is the court of criminal appeals that ultimately grants or denies relief. Id. § 3(c), (d). This

Court has no jurisdiction and plays no role in these proceedings. If Suhre believes that the district

court is not carrying out its duties under article 11.07, he should seek mandamus relief in the court

of criminal appeals, the court for which the district court acts under the statute. The petition for writ of mandamus is denied.

__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Henson

Filed: April 15, 2010