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

Court of Appeals of Texas·Decided June 7, 2023·No. 05-23-00500-CV·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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In Re: Rory M. Hogenson v. the State of Texas, (Tex. Ct. App. 2023).

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