In Re Jerry Lee Thomas v. the State of Texas

• Court: Texas Court of Appeals, 10th District (Waco)
• Decided: May 7, 2026
• Docket: 10-26-00156-CR
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-26-00156-CR

In re Jerry Lee Thomas

Original Proceeding

CHIEF JUSTICE JOHNSON delivered the opinion of the Court.

MEMORANDUM OPINION

Jerry Lee Thomas filed an application for a writ of habeas corpus in this

Court as original proceeding contending that he is being illegally confined and

unlawfully restrained in Brazos County, Texas. The State has filed a motion

to dismiss the petition for want of jurisdiction.

Original jurisdiction to issue a writ of habeas corpus in a criminal

proceeding is limited to the Texas Court of Criminal Appeals, the district

courts, and the county courts. See TEX. CODE CRIM. PROC. ANN art. 11.05. In

the application, Thomas does not allege that he has filed a petition for a writ

of habeas corpus in the trial court from which he is attempting to appeal.

Because he is seeking direct relief from this Court, we lack jurisdiction in this

proceeding. See Ex parte Twyman, 716 S.W.2d 951, 952 (Tex. Crim. App. 1986). The State’s motion to dismiss is granted. The petition for writ of habeas

corpus filed by Jerry Lee Thomas on April 27, 2026, is dismissed for want of

jurisdiction. See TEX. R. APP. P. 52.8(a).

MATT JOHNSON Chief Justice

OPINION DELIVERED and FILED: May 7, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Motion granted Do not publish OT06

In re Thomas Page 2