in Re: Eugene Jelks Jr

• Court: Court of Appeals of Texas
• Decided: November 9, 2006
• Docket: 14-06-00961-CV
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed and Opinion filed November 9, 2006

Petition for Writ of Habeas Corpus Dismissed and Opinion filed November 9, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00961-CV

IN RE EUGENE JELKS, JR., Relator

ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

M E M O R A N D U M  O P I N I O N

On October 24, 2006, relator, Eugene Jelks, Jr., filed a petition for writ of habeas corpus seeking a reduction of bail and/or a release from jail.  See Tex. Gov=t Code Ann. ' 22.221(d) (Vernon Supp. 2000);  Tex. R. App. P. 52.  Relator has sought relief in this court for his allegedly excessive bail because he claims that the trial court refuses to rule on  applications for writ of habeas corpus that he filed there.

We do not have jurisdiction to consider an original application for a writ of habeas corpus, so we accordingly dismiss relator=s petition for lack of jurisdiction.  Ex parte Enriquez, 2 S.W.3d 362, 363 (Tex. App.CWaco 1999, no pet.).  However, a writ of mandamus can be used to require a trial court to rule within a reasonable time on a properly filed, pending application for a writ of habeas corpus.  See In re Shaw, 175 S.W.3d 901, 904B05 (Tex. App.CTexarkana 2005, orig. proceeding).

Relator=s petition for writ of habeas corpus is dismissed for lack of jurisdiction.

                                                                        PER CURIAM

Petition Dismissed and Opinion filed November 9, 2006.

Panel consists of Justices Fowler, Edelman, and Frost.