in Re Jammie L Jones
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 Do not publish.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 (in Re Jammie L Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.