In Re John M. Finch v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 17, 2025
• Docket: 03-25-00251-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00251-CV

In re John M. Finch

ORIGINAL PROCEEDING FROM ANDERSON COUNTY

MEMORANDUM OPINION

Relator John M. Finch, an inmate in Anderson County, has filed an untitled, pro

se submission to this Court complaining of various alleged abuses and irregularities in his arrest

and incarceration and seeking a transfer of venue. Having reviewed the submission, we will treat

it as an original application for writ of habeas corpus and deny the application for want

of jurisdiction.

As an intermediate appellate court, we may issue writs of habeas corpus against a

district judge or county court sitting in our district, or to enforce our jurisdiction. See Tex. Gov’t

Code 22.221. We lack jurisdiction to issue the requested writ against the courts of Anderson

County, and Finch has not made any showing that such a writ is necessary to enforce this Court’s

appellate jurisdiction. See id. § 22.221(a), (b)(1); compare id. § 22.201(d) (listing twenty-four

counties in Third Court’s district), with id. § 22.201(m) (including Anderson County in list of

counties in Twelfth Court’s district). Furthermore, this Court does not have original habeas-corpus jurisdiction in

criminal cases. See Tex. Const. art. V, § 6 (providing that courts of appeals “shall have original

or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law”);

Tex. Gov’t Code § 22.221(d) (limiting original habeas-corpus jurisdiction of courts of appeals to

situations where relator’s liberty is restrained by virtue of order, process, or commitment issued

by court or judge in civil case); see also Tex. Code Crim. Proc. art. 11.05 (vesting “power to

issue the writ of habeas corpus” in “[t]he Court of Criminal Appeals, the District Courts, the

County Courts, or any Judge of said Courts”). As an intermediate appellate court, our habeas-

corpus jurisdiction in criminal matters is appellate only. See Tex. Gov’t Code § 22.221(d);

see also In re Wilkins, No. 03-20-00381-CV, 2020 WL 5608486, at *1 (Tex. App.—Austin

Sept. 17, 2020, orig. proceeding) (mem. op.).

Accordingly, we dismiss the application for want of jurisdiction.

__________________________________________ Maggie Ellis, Justice

Before Chief Justice Byrne, Justices Kelly and Ellis

Filed: April 17, 2025