In Re Johnetta Shanell Lillie Pugh v. the State of Texas
This text of In Re Johnetta Shanell Lillie Pugh v. the State of Texas (In Re Johnetta Shanell Lillie Pugh 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.
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00111-CR __________________
IN RE JOHNETTA SHANELL LILLIE PUGH
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Original Proceeding 252nd District Court of Jefferson County, Texas Trial Cause No. F-2239902 __________________________________________________________________
MEMORANDUM OPINION
In an original proceeding filed in this Court, Christopher Wiley petitioned for
the issuance of a writ of habeas corpus on the application of Johnetta Shanell Lillie
Pugh. See Tex. Code Crim. Proc. Ann. art. 11.13(b) (“An application for a writ of
habeas corpus may be signed and presented on behalf of an applicant by any person,
who shall be referred to as the petitioner.”). The petition seeks Pugh’s release from
the custody of the Jefferson County Sheriff at the Jefferson County Jail, where Pugh
allegedly is being held on an arrest warrant out of the 252nd District Court of
Jefferson County, Texas.
1 The Clerk of the Court issued a notice that the Court would dismiss the
original proceeding for lack of jurisdiction unless, by April 10, 2024, the Court
received a response that shows grounds for this Court to exercise original or
appellate jurisdiction. No response has been filed.
A Court of Appeals is not one of the courts with the authority to issue a writ
of habeas corpus in a criminal case. See Tex. Code Crim. Proc. Ann. art. 11.05. Our
original jurisdiction to issue a writ of habeas corpus is limited to contempt orders in
civil cases. See Tex. Gov’t Code Ann. § 22.221(d). Pugh has not identified a final
judgment or an appealable order from which Pugh might perfect a timely appeal at
this time. See Tex. Code Crim. Proc. Ann. art. 44.02; see also Tex. R. App. P. 25.2.
Neither our original jurisdiction nor our appellate jurisdiction is implicated in the
habeas corpus petition filed with this Court. Accordingly, we dismiss the petition for
lack of jurisdiction.
PETITION DISMISSED.
PER CURIAM
Submitted on May 7, 2024 Opinion Delivered May 8, 2024 Do Not Publish
Before Golemon, C.J., Horton and Wright, JJ.
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