in Re William Lloyd Walker

Court of Appeals of Texas

in Re William Lloyd Walker

DecidedDecember 11, 2008

Docket14-08-01006-CR

StatusPublished

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Petition for Writ of Habeas Corpus Dismissed for Want of Jurisdiction, and Memorandum Opinion filed December 11, 2008

Petition for Writ of Habeas Corpus Dismissed for Want of Jurisdiction, and Memorandum Opinion filed December 11, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01006-CR

IN RE WILLIAM LLOYD WALKER, Relator

ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

M E M O R A N D U M O P I N I O N

On October 30, 2008, relator William Lloyd Walker filed a petition for a writ of habeas corpus, complaining of alleged defects in a criminal indictment presented against him. See Tex. Gov=t Code Ann. ' 22.221(d) (Vernon 2004). We dismiss for want of jurisdiction.

On March 14, 2008, relator was indicted under a charge of aggravated robbery. See Tex. Penal Code Ann. ' 29.03 (Vernon 2003). He contends the indictment is defective and that he is not receiving effective assistance of counsel. However, we do not have original habeas corpus jurisdiction in criminal law matters. See Tex. Gov=t Code Ann. ' 22.221(d); Lewis v. State, 191 S.W.3d 225, 229 (Tex. App.CSan Antonio 2005, pet. ref=d); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex. App.CWaco 1999, orig. proceeding). Instead, our original jurisdiction to consider habeas corpus petitions is limited to those which arise from contempt judgments restraining the relator=s liberty because of his violation of an order issued by a court in a civil case. See Tex. Gov=t Code Ann. ' 22.221(d).

We lack jurisdiction to consider relator=s petition. Therefore, we dismiss for want of jurisdiction the petition in case number 14-08-01006-CR, and all other requests for relief contained in that petition.

PER CURIAM

Petition Dismissed for Want of Jurisdiction and Memorandum Opinion filed, December 11, 2008.

Panel consists of Justices Anderson and Frost, and Senior Justice Hudson.^*

Do Not Publish.

^* Senior Justice J. Harvey Hudson sitting by assignment.

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Petition for Writ of Habeas Corpus Dismissed for Want of Jurisdiction, and Memorandum Opinion filed December 11, 2008

Petition for Writ of Habeas Corpus Dismissed for Want of Jurisdiction, and Memorandum Opinion filed December 11, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01006-CR

IN RE WILLIAM LLOYD WALKER, Relator

ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

M E M O R A N D U M O P I N I O N

On October 30, 2008, relator William Lloyd Walker filed a petition for a writ of habeas corpus, complaining of alleged defects in a criminal indictment presented against him. See Tex. Gov=t Code Ann. ' 22.221(d) (Vernon 2004). We dismiss for want of jurisdiction.

On March 14, 2008, relator was indicted under a charge of aggravated robbery. See Tex. Penal Code Ann. ' 29.03 (Vernon 2003). He contends the indictment is defective and that he is not receiving effective assistance of counsel. However, we do not have original habeas corpus jurisdiction in criminal law matters. See Tex. Gov=t Code Ann. ' 22.221(d); Lewis v. State, 191 S.W.3d 225, 229 (Tex. App.CSan Antonio 2005, pet. ref=d); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex. App.CWaco 1999, orig. proceeding). Instead, our original jurisdiction to consider habeas corpus petitions is limited to those which arise from contempt judgments restraining the relator=s liberty because of his violation of an order issued by a court in a civil case. See Tex. Gov=t Code Ann. ' 22.221(d).

We lack jurisdiction to consider relator=s petition. Therefore, we dismiss for want of jurisdiction the petition in case number 14-08-01006-CR, and all other requests for relief contained in that petition.

PER CURIAM

Petition Dismissed for Want of Jurisdiction and Memorandum Opinion filed, December 11, 2008.

Panel consists of Justices Anderson and Frost, and Senior Justice Hudson.^*

Do Not Publish.

^* Senior Justice J. Harvey Hudson sitting by assignment.

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