In Re: Rory M. Hogenson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 7, 2023
• Docket: 05-23-00500-CV
• Status: Published

Opinion

DISMISS and Opinion Filed June 7, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00500-CV

IN RE RORY M. HOGENSON, Relator

Original Proceeding from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. 068443-C

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Miskel Relator has filed an original petition for writ of habeas corpus seeking relief

from the trial court, assistant district attorney, and parole board. We dismiss the

petition.

To the extent that relator seeks relief from the parole board or the assistant

district attorney, this Court does not have jurisdiction over them in this original

proceeding. TEX. GOV’T CODE ANN. § 22.221(b). And, in any event, we do not have

jurisdiction to consider post-conviction writs of habeas corpus in felony cases. See

TEX. CODE CRIM. PROC. ANN. art. 11.05; TEX. GOV’T CODE ANN. § 22.221(d); In re

Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per curiam). Accordingly, we dismiss this original proceeding for want

of jurisdiction.

230500f.p05 /Emily Miskel/ EMILY MISKEL JUSTICE

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