In Re: Ross Thomas Brantley, III v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 2, 2024
• Docket: 05-24-01137-CR
• Status: Published

Opinion

DISMISS and Opinion Filed October 2, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01137-CR

Ex Parte ROSS THOMAS BRANTLEY, III

Original Proceeding from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F13-00014

MEMORANDUM OPINION Before Chief Justice Burns, Justice Reichek, and Justice Goldstein Opinion by Chief Justice Burns Before the Court is Ross Thomas Brantley III’s petition for writ of habeas

corpus. We lack jurisdiction to grant the relief relator seeks, and we dismiss the

proceeding for want of jurisdiction.

Relator was convicted of assault involving family violence on February 8,

2013. This Court modified the judgment of conviction and affirmed the judgment

as modified. Brantley v. State, No. 05-13-00225-CR, 2014 WL 545514 (Tex.

App.—Dallas Feb. 10, 2014, no pet.) (mem. op; not designated for publication). The

mandate issued May 27, 2014. On June 25, 2024, relator filed “Motion for leave to file Petition for Writ of

Habeas Corpus” in the United States District Court for the Northern District of

Texas. On September 26, 2024, that document was filed in this Court after appellant

told the federal court, “The pleadings that was done was intended Your Honor to go

to the Court of Appeals of Texas Fifth District at the George L. Allen Sr. Courts

Building.” Relator requests that we find he received ineffective assistance of

counsel, that his right to a speedy trial was violated, and that he was granted a new

trial. He asks that we vacate his conviction and sentence or that we bench warrant

him to the trial court “to have conviction corrected or set aside in the interest of

justice what he is entitled in the law or equity.”

We do not have jurisdiction to consider an original application for writ of

habeas corpus filed in a criminal proceeding. See TEX. GOV’T CODE ANN.

§ 22.221(d) (court of appeals has jurisdiction to issue writ of habeas corpus “in a

civil case”); In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.]

2016 orig. proceeding) (per curiam). The Texas Court of Criminal Appeals, and not

this Court, has exclusive jurisdiction in final, post-conviction felony proceedings.

TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); Ater v. Eighth Ct. of Appeals, 802

S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (“We are the only court

with jurisdiction in final post-conviction felony proceedings.”).

–2– We dismiss this proceeding for want of jurisdiction.

/Robert D. Burns, III/ ROBERT D. BURNS, III Do Not Publish CHIEF JUSTICE TEX. R. APP. P. 47.2(b)

241137F.U05

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