In Re: Steven Chavez Sr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 08-24-00320-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN RE: § No. 08-24-00320-CR

STEVEN CHAVEZ SR., § AN ORIGINAL PROCEEDING

Relator. § IN HABEAS CORPUS

§

MEMORANDUM OPINION

Steven Chavez Sr., pro se, filed a petition for writ of habeas corpus in this Court. 1

In his habeas petition, Chavez seeks relief from his criminal conviction in trial court cause

20170D01512 in the 327th District Court of El Paso County, Texas. Article 11.05 of the Texas

Code of Criminal Procedure states that “[t]he court of criminal appeals, the district courts, the

county courts, or any judge of those courts may issue the writ of habeas corpus, and it is their duty,

on proper application, to issue the writ under the rules prescribed by law.” Tex. Code Crim. Proc.

Ann. art. 11.05.

1 Chavez filed a form for a federal habeas petition under 28 U.S.C § 2251, intended for use in federal court. As a court of appeals, this Court’s original habeas corpus jurisdiction is limited to civil

matters. See In re Quinata, 538 S.W.3d 120, 120 (Tex. App.—El Paso 2017, orig. proceeding);

Tex. Gov’t Code Ann. § 22.221(d) (“Concurrently with the supreme court, the court of appeals of

a court of appeals district in which a person is restrained in his liberty, or a justice of the court of

appeals, may issue a writ of habeas corpus when it appears that the restraint of liberty is 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 judge in a civil case.”).

Because this Court is not the proper court to address the type of habeas petition before us,

we dismiss the petition for writ of habeas corpus for lack of jurisdiction.

LISA J. SOTO, Justice

August 29, 2024

Before Alley, C.J., Palafox, and Soto, JJ.