In Re: James McCoy v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 26, 2024
• Docket: 05-24-00734-CV
• Status: Published

Opinion

DISMISSED and Opinion Filed July 26, 2024

S In the Court of Appeals Fifth District of Texas at Dallas No. 05-24-00734-CV

IN RE JAMES MCCOY, Relator

Original Proceeding from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F02-02115

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Carlyle In 2005, relator was convicted of aggravated sexual assault of a child under

fourteen and sentenced to thirty-five years’ confinement and a $10,000 fine. Before

the Court is relator’s June 17, 2024 petition for writ of mandamus. Relator, who is

proceeding pro se, asks this Court to compel Dallas County District Clerk Felicia

Pitre to file relator’s Motion to Compel Dallas County District Court to File/Docket

Motion for Grand Jury Minutes.

This Court may issue a writ of mandamus against a district clerk only as

necessary to enforce the jurisdiction of the Court. See TEX. GOV’T CODE § 22.221(a).

Relator acknowledges the limits of our jurisdiction, but he contends that his motion is necessary to an article 11.07 proceeding and thus is necessary to enforce our

jurisdiction.

We disagree. This Court has no jurisdiction over an article 11.07 petition for

writ of habeas corpus; the matter proceeds initially before the trial court and then to

the Court of Criminal Appeals. Padieu v. Court of Appeals of Tex., Fifth Dist., 392

S.W.3d 115, 117–18 (Tex. Crim. App. 2013) (orig. proceeding). We do not have

jurisdiction to issue writs of mandamus in criminal law matters pertaining to article

11.07 proceedings. See TEX. CODE CRIM. PROC. art. 11.07, § 5; In re Mooney, No. 05-

07-01348-CV, 2007 WL 3054284, at *1 (Tex. App.—Dallas Oct. 22, 2007, orig.

proceeding) (mem. op.) (dismissing for want of jurisdiction inmate’s petition for writ

of mandamus when inmate requested Court to compel district clerk to file a motion

relating to inmate’s application for writ of habeas corpus pursuant to article 11.07).

Thus, we lack jurisdiction to compel the district clerk to file relator’s motion. Cf.

TEX. CONST. art. V, § 5(c) (Court of Criminal Appeals has the power to issue writs

of mandamus in criminal law matters).

Accordingly, we dismiss relator’s petition for want of jurisdiction.

/Cory L. Carlyle/ CORY L. CARLYLE 240734F.P05 JUSTICE

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