In Re John Davis Bernard Junior v. the State of Texas

Court of Appeals of Texas

In Re John Davis Bernard Junior v. the State of Texas

DecidedAugust 15, 2023

Docket14-23-00472-CR

StatusPublished

This text of In Re John Davis Bernard Junior v. the State of Texas (In Re John Davis Bernard Junior v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re John Davis Bernard Junior v. the State of Texas, (Tex. Ct. App. 2023).

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Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Majority and Dissenting Opinions filed August 15, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00472-CR

IN RE JOHN DAVIS BERNARD, JR., Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 184th District Court Harris County, Texas Trial Court Cause No. 1726657

MEMORANDUM MAJORITY OPINION

On July 7, 2023, relator John Davis Bernard, Jr. filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to set aside his indictment in the underlying case.

Relator is seeking habeas-corpus relief in his mandamus petition. The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356 (Tex. App.―Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original jurisdiction to grant an application for a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art 11.05. Therefore, this court is without jurisdiction to consider relator’s petition requesting habeas corpus relief.

Accordingly, relator’s petition is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Spain (Spain, J., dissenting). Do Not Publish — Tex. R. App. P. 47.2(b).

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Petition for Writ of Mandamus Dismissed and Memorandum Majority and Dissenting Opinions filed August 15, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00472-CR

IN RE JOHN DAVIS BERNARD, JR., Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 184th District Court Harris County, Texas Trial Court Cause No. 1726657

MEMORANDUM MAJORITY OPINION

On July 7, 2023, relator John Davis Bernard, Jr. filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to set aside his indictment in the underlying case.

Relator is seeking habeas-corpus relief in his mandamus petition. The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356 (Tex. App.―Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original jurisdiction to grant an application for a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art 11.05. Therefore, this court is without jurisdiction to consider relator’s petition requesting habeas corpus relief.

Accordingly, relator’s petition is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Spain (Spain, J., dissenting). Do Not Publish — Tex. R. App. P. 47.2(b).

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In Re John Davis Bernard Junior v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-john-davis-bernard-junior-v-the-state-of-texas-texapp-2023.

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