in Re Cedric J. Williams

• Court: Court of Appeals of Texas
• Decided: October 15, 2020
• Docket: 14-20-00673-CR
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed October 15, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00673-CR

IN RE CEDRIC J. WILLIAMS, Relator

ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 208th District Court Harris County, Texas Trial Court Cause No. 1575919

MEMORANDUM OPINION

On September 30, 2020, relator Cedric J. Williams filed a petition for a 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 Greg Glass, presiding judge of the 208th District Court of Harris County, to order a speedy trial or dismiss the indictment. Relator asserts that he is invoking his constitutional right to a speedy trial. See U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.”); Tex. Const. art. I, § 10 (“In all prosecutions, the accused shall have a speedy public trial by an impartial jury.”). Relator is seeking habeas-corpus relief. The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356 (Tex. App.―Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original jurisdiction to grant an application for 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. Tex. Code Crim. Proc. Ann. art 11.05. Therefore, this court does not have original habeas-corpus jurisdiction to grant relator’s requested relief.

Accordingly, relator’s petition is dismissed for lack of jurisdiction.

PER CURIAM

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 Do Not Publish — Tex.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