in Re Lionel Newman

• Court: Court of Appeals of Texas
• Decided: February 7, 2008
• Docket: 14-08-00064-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Opinion filed February 7, 2008

Petition for Writ of Mandamus Dismissed and Opinion filed February 7, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00064-CV

IN RE LIONEL NEWMAN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 29, 2008, relator, Lionel Newman, filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  Relator seeks a writ of mandamus compelling the trial court to allow him discovery and inspection of the State=s evidence because he was denied access to the evidence prior to trial.

Relator seeks post-conviction habeas relief.  Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).

Because we do not have jurisdiction over the requested relief, relator=s petition for writ of mandamus is ordered dismissed.  Relator=s motions for leave to file a petition for writ of mandamus and to suspend Rule 9.3 of the Texas Rules of Appellate Procedure are further ordered denied as moot. 

PER CURIAM

Petition Dismissed and Memorandum Opinion filed February 7, 2008.

Panel consists of Justices Yates, Guzman, and Brown.