in Re Russell Dale Mortland
This text of in Re Russell Dale Mortland (in Re Russell Dale Mortland) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-10-00527-CV
In re Russell Dale Mortland
ORIGINAL PROCEEDING FROM HAYS COUNTY
M E M O R A N D U M O P I N I O N
Russell Dale Mortland pleaded guilty to the offenses of fraudulent filing of a financial statement and retaliation and was placed on community supervision. He has now filed an original application for writ of habeas corpus in this Court. This Court's original jurisdiction to issue a writ of habeas corpus is limited to those cases in which a person's liberty is restrained because the person has violated an order, judgment, or decree entered in a civil case. See Tex. Gov't Code Ann. § 22.221(d) (West 2004). Because Mortland's application arises from an order entered in a criminal case, not a civil case, we have no jurisdiction to consider it.
We dismiss the application for writ of habeas corpus for want of jurisdiction.
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Bob Pemberton, Justice
Before Chief Justice Jones, Justices Pemberton and Waldrop
Filed: August 31, 2010
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