In Re Michael Keith Brasher Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 26, 2025
• Docket: 09-25-00068-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00068-CR __________________

IN RE MICHAEL KEITH BRASHER JR.

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Original Proceeding 252nd District Court of Jefferson County, Texas Trial Cause No. 23DCCR0944 __________________________________________________________________

MEMORANDUM OPINION

Michael Keith Brasher Jr. filed an original petition for a writ of habeas corpus

in a criminal case. He states his bond is currently set at $250,000 on a charge of

aggravated assault on a peace officer, and he asks this Court to reduce his bond to

$100,000. The statutory grant of power to issue a writ of habeas corpus to “the court

of appeals of a court of appeals district in which a person is restrained in his liberty[]”

is limited to restraint of liberty of a person within our district “by virtue of an order,

process, or commitment issued by a court or judge because of the violation of an

order, judgment, or decree previously made, rendered, or entered by the court or

1 judge in a civil case.” Tex. Govt. Code Ann. § 22.221(d). An intermediate court of

appeals lacks original habeas jurisdiction in criminal law matters. See Tex. Code

Crim. Proc. Ann. art. 11.05 (By Whom Writ May Be Issued); see also Denby v.

State, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding)

(“The Courts of Appeals have no original habeas corpus jurisdiction in criminal

matters; their jurisdiction is appellate only.”). Accordingly, we dismiss Brasher’s

petition for a writ of habeas corpus for lack of jurisdiction.

PETITION DISMISSED.

PER CURIAM

Submitted on March 25, 2025 Opinion Delivered March 26, 2025 Do Not Publish

Before Golemon, C.J., Johnson and Wright, JJ.