in Re: Curtis W. Cleveland, Relator

• Court: Court of Appeals of Texas
• Decided: October 14, 2009
• Docket: 04-09-00611-CV
• Status: Published

Opinion

•           •           • • • •

                                                                                    MEMORANDUM OPINION

No. 04-09-00611-CV

IN RE Curtis W. CLEVELAND

Original Habeas Corpus Proceeding

PER CURIAM

Sitting:            Catherine Stone, Chief Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: October 14, 2009 

PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION

            On September 28, 2009, relator Curtis W. Cleveland filed an original petition for a writ of habeas corpus in this court. Relator seeks to have his case dismissed. However, as an intermediate court of appeals, this court is not authorized to grant the relief requested.

            Pursuant to section 22.221(d) of the Texas Government Code, in civil matters, a court of appeals “may issue a writ of habeas corpus when it appears that the restraint of liberty is by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case.” Tex. Gov’t Code Ann. § 22.221(d) (Vernon 2004). However, in criminal matters, a court of appeals has no original habeas corpus jurisdiction. Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref’d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.). In criminal matters, the courts authorized to issue writs of habeas corpus are the Texas Court of Criminal Appeals, the district courts, and the county courts. See Tex. Code Crim. Proc. Ann. art. 11.05 (Vernon 2005). Therefore, we dismiss this petition for writ of habeas corpus for lack of jurisdiction.