In Re David Garza v. the State of Texas
This text of In Re David Garza v. the State of Texas (In Re David Garza v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas August 27, 2025
No. 04-25-00529-CR
IN RE David GARZA
Original Proceeding 1
ORDER
Sitting: Rebeca C. Martinez, Chief Justice Adrian A. Spears II, Justice H. Todd McCray, Justice
On August 18, 2025, relator filed a petition seeking habeas corpus relief styled as a petition for writ of mandamus. The court looks to the substance of a petition, not how it is styled, to determine its nature. See Brumley v. McDuff, 616 S.W.3d 826, 833 (Tex. 2021); In re Barnes, No. 04-04-00877-CV, 2004 WL 2884205, at *1 (Tex. App. Dec. 15, 2004). This court does not have original habeas jurisdiction over criminal law matters such as this one. See TEX. GOV’T CODE ANN. § 22.221(d). Accordingly, relator’s petition is DISMISSED for lack of jurisdiction.
It is so ORDERED on August 27, 2025.
_____________________________ Rebeca C. Martinez, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th of August, 2025.
_____________________________ Caitlin A. McCamish, Clerk of Court
1 This proceeding arises out of Cause No. 2009CR5735D4, styled The State of Texas v. David Garza, pending in the 406th Judicial District Court, Webb County, Texas, the Honorable Oscar J. Hale, Jr. presiding.
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