In Re Willie Otis Harris v. the State of Texas

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00350-CR

In re Willie Otis Harris

Original Proceeding

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Willie Otis Harris, proceeding pro se, filed a pre-trial application for writ

of habeas corpus with this Court requesting that we declare his pre-trial

detention unconstitutional and order his immediate release from custody or

dismissal of his indictment.

Intermediate appellate courts do not have original habeas corpus

jurisdiction in criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d).

Jurisdiction to grant a writ of habeas corpus in a criminal case vests with the

Court of Criminal Appeals, the district courts, the county courts, or any judge

in those courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05; Ex parte Braswell,

630 S.W.3d 600, 601-02 (Tex. App.—Waco 2021, orig. proceeding). Accordingly, we dismiss Harris’s application for writ of habeas corpus for

want of jurisdiction.

STEVE SMITH Justice

OPINION DELIVERED and FILED: November 6, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do not publish OT06

In re Willie Otis Harris Page 2