in Re Martin T. Franco, Jr.
This text of in Re Martin T. Franco, Jr. (in Re Martin T. Franco, Jr.) 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
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00428-CV
In re Martin T. Franco, Jr.
ORIGINAL PROCEEDING FROM LLANO COUNTY
M E M O R AN D U M O P I N I O N
Relator Martin T. Franco, Jr. filed a pro se petition for a writ of mandamus directed
to the Commissioner of the Texas Board of Pardons and Paroles, seeking habeas corpus relief
based on a claim of wrongfully denied parole. However, this Court does not have jurisdiction over
the Commissioner of the Texas Board of Pardons and Paroles.
Appellate courts may issue writs of mandamus only against a district judge or
county judge sitting in our district, or to enforce our jurisdiction, none of which are implicated here.
Tex. Gov’t Code § 22.221; see In re Noble, No. 03-13-00011-CV, 2013 Tex. App. LEXIS 517, at *3
(Tex. App.—Austin Jan. 18, 2013, orig. proceeding).
The petition for writ of mandamus is dismissed for want of jurisdiction. See Tex. R.
App. P. 52.8(a).
__________________________________________
Jeff Rose, Justice
Before Justices Puryear, Rose and Goodwin
Filed: July 31, 2013
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