in Re Jammie L Jones

Court of Appeals of Texas·Decided December 19, 2019·No. 01-19-00960-CR·Published

Opinion

Opinion issued December 19, 2019

In The

Court of Appeals

For The

First District of Texas

In criminal matters, this Court’s habeas corpus jurisdiction is appellate only, and we do not have original habeas corpus jurisdiction. See Ex parte Denby, 627 S.W.2d 435, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding); see also Chavez v. State, 132 S.W.3d 509, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.) (citing TEX. GOV’T CODE § 22.221) (“A court of appeals does not have original habeas corpus jurisdiction in felony cases.”). We lack jurisdiction over this attempt to seek pre-conviction habeas relief directly from this Court. In re Lozano, No. 14– 12–00049–CR, 2012 WL 274076, at *1 (Tex. App.—Houston [14th Dist.] Jan. 31, 2012, orig. proceeding) (“To the degree relator seeks release from custody, relator is seeking pretrial habeas corpus relief over which this court does not have jurisdiction.”) (citing Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991)).

Accordingly, we dismiss the habeas corpus petition for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Landau and Hightower. Do not publish. TEX. R. APP. P. 47.2(b).

Free access — add to your briefcase to read the full text and ask questions with AI

in Re Jammie L Jones, (Tex. Ct. App. 2019).

in Re Jammie L Jones (in Re Jammie L Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Chavez v. State
132 S.W.3d 509 (Court of Appeals of Texas, 2004)
Ater v. Eighth Court of Appeals
802 S.W.2d 241 (Court of Criminal Appeals of Texas, 1991)
Denby v. State
627 S.W.2d 435 (Court of Appeals of Texas, 1981)