In Re Jeannie Dugas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 30, 2023
• Docket: 09-23-00270-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00270-CR __________________

IN RE JEANNIE DUGAS

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Original Proceeding 128th District Court of Orange County, Texas __________________________________________________________________

MEMORANDUM OPINION

Jeannie Dugas filed an original petition for a writ of habeas corpus in a

criminal case. She states that she has been continuously detained in jail since her

arrest on two criminal charges. The statutory grant of power to issue a writ of habeas

corpus “to the court of appeals or a court of appeal district in which a person is

restrained in his liberty” is limited to restraint of liberty of a person within our district

“by virtue of an order, process, or commitment issued by a court or judge because

of the violation of an order, judgment, or decree previously made, rendered, or

entered by the court or judge in a civil case.” Tex. Gov’t Code Ann. § 22.221(d). An

intermediate court of appeals lacks original habeas jurisdiction in criminal law

1 matters. See Tex. Code Crim. Proc. Ann. art. 11.05 (By Whom Writ May Be

Granted); see also Denby v. State, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.]

1981, orig. proceeding) (“The Courts of Appeals have no original habeas corpus

jurisdiction in criminal matters; their jurisdiction is appellate only.”). Accordingly,

we dismiss Dugas’s petition for writ of habeas corpus for lack of jurisdiction.

PETITION DISMISSED.

PER CURIAM

Submitted on August 29, 2023 Opinion Delivered August 30, 2023 Do Not Publish

Before Golemon, C.J., Horton and Wright, JJ.