In Re Jaime Cruz Rodriguez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 6, 2024
• Docket: 03-24-00793-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00793-CV

In re Jaime Cruz Rodriguez

ORIGINAL PROCEEDING FROM COMAL COUNTY

MEMORANDUM OPINION

Relator Jaime Cruz Rodriguez has filed an original pro se application for writ of

habeas corpus seeking release on personal bond or bail reduction on the ground that the state

allegedly was not ready for trial of the felony action for which relator was detained within 90

days of the commencement of his detention. See Tex. Code Crim. Proc. arts. 1.08, .09; 11.01,

.05, .40, .65; 17.151.

The original habeas corpus jurisdiction of a court of appeals is limited to cases

where a person’s liberty is restrained because he, she, or they have violated an order, judgment,

or decree in a civil case. See Tex. Gov’t Code § 22.221(d); In re Reece, 341 S.W.3d 360, 364

n.3 (Tex. 2011). Courts of appeals have no original habeas jurisdiction in criminal matters. In re

Ayers, 515 S.W.3d 356 (Tex. App.—Houston [14th Dist.] 2016, no pet.); see Ex parte Braswell,

630 S.W.3d 600, 601–02 (Tex. App.—Waco 2021, no pet.); Dodson v. State, 988 S.W.2d 833,

835 (Tex. App.—San Antonio 1999, no pet.) (“The courts of appeals have no original habeas

corpus jurisdiction in criminal matters; their jurisdiction is appellate only.”). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Court of Criminal

Appeals, the district courts, the county courts, or a judge of those courts. Tex. Code Crim. Proc.

art. 11.05.; see Ayers, 515 S.W.3d at 356.

Accordingly, we dismiss relator’s original application for writ of habeas corpus

for want of jurisdiction.

__________________________________________ Gisela D. Triana, Justice

Before Chief Justice Byrne, Justices Triana and Kelly

Filed: December 6, 2024