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

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-25-00068-CR

__________________

IN RE MICHAEL KEITH BRASHER JR.

__________________________________________________________________

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

2

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Submitted on March 25, 2025 Opinion Delivered March 26, 2025 Do Not Publish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