in Re Daniel Lee Harrison

• Court: Court of Appeals of Texas
• Decided: April 14, 2020
• Docket: 01-20-00167-CR
• Status: Published

Opinion

Opinion issued April 14, 2020

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-20-00166-CR NO. 01-20-00167-CR ——————————— IN RE DANIEL LEE HARRISON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Daniel Lee Harrison, incarcerated and proceeding pro se, has filed a

petition for a writ of mandamus, seeking to compel the Harris County District Clerk

to transmit his application for writ of habeas corpus and other documents to the Court of Criminal Appeals.1 Relator asserts that the district clerk has not complied with

the clerk’s duties under articles 2.21 and 11.07 of the Texas Code of Criminal

Procedure.2

This Court’s mandamus jurisdiction is limited to writs of mandamus against

certain judges within its district and all writs necessary to enforce the Court’s

jurisdiction. See TEX. GOV’T CODE § 22.221. Thus, we have no jurisdiction to issue

a writ of mandamus against a district clerk unless necessary to enforce our

jurisdiction. See id.; In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at

*1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.); In re

Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig.

proceeding). Because relator’s petition does not reflect that issuance of a writ is

necessary to enforce our jurisdiction, we do not have jurisdiction to issue a writ of

mandamus against the district clerk. See In re Washington, 7 S.W.3d at 182.

Accordingly, we dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Kelly and Goodman. Do not publish. TEX. R. APP. P. 47.2(b).

1 The underlying case is State of Texas v. Daniel Lee Harrison, cause numbers 1369904 & 1370009, pending in the 178th District Court of Harris County, Texas, the Honorable Kelli Johnson, presiding. 2 See TEX. CODE CRIM. PROC. art. 2.21(a)(1), (6).