in Re Eric Linton

• Court: Court of Appeals of Texas
• Decided: August 30, 2007
• Docket: 09-07-00402-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________

NO. 09-07-402 CV

IN RE ERIC LINTON

Original Proceeding

MEMORANDUM OPINION

In this mandamus proceeding, Eric Linton seeks to compel the trial court to vacate its order denying Linton's pre-trial petition for writ of habeas corpus, filed as Writ No. 2132. The pro se petition for writ of habeas corpus seeks to have the prosecution in Cause No. 95154 dismissed with prejudice for "false probable cause, illegally obtained evidence, police misconduct, and ineffective counsel." Linton primarily complains that the trial court denied his petition without conducting an evidentiary hearing. Linton has not demonstrated that his claims are cognizable in a pre-trial writ of habeas corpus. See Ex parte Culver, 932 S.W.2d 207, 210 (Tex. App.--El Paso 1996, pet. ref'd). "[A] pretrial writ application is not appropriate when resolution of the question presented, even if resolved in favor of the applicant, would not result in immediate release." Ex parte Weise, 55 S.W.3d 617, 619 (Tex. Crim. App. 2001). The relator has not shown that the trial court had a mandatory duty to conduct an evidentiary hearing. The petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Opinion Delivered August 30, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ.