Paul E. Teel v. State of Texas TDCJ Parole Division

• Court: Court of Appeals of Texas
• Decided: October 29, 2015
• Docket: 09-15-00276-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00276-CV ____________________

PAUL E. TEEL, Appellant

V.

STATE OF TEXAS TDCJ PAROLE DIVISION, ET AL, Appellees ________________________________________________________________________

On Appeal from the 411th District Court San Jacinto County, Texas Trial Cause No. CV14,264 ________________________________________________________________________

MEMORANDUM OPINION

Seeking relief from the Parole Division of the Texas Department of Criminal

Justice, Paul E. Teel filed an application for a writ of habeas corpus with the 411th

District Court of San Jacinto County, Texas. The court denied the application

without issuing the writ and without conducting a hearing. We questioned our

jurisdiction and requested a response. Teel filed a response, but failed to establish

that the order is appealable.

1 There is no appeal from a refusal to issue a writ of habeas corpus. Ex parte

Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). A habeas applicant may only

appeal the denial of relief on the merits. See Ex parte Hargett, 819 S.W.2d 866,

869 (Tex. Crim. App. 1991). The trial court did not rule on the merits of Teel’s

application. The appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on October 28, 2015 Opinion Delivered October 29, 2015

Before McKeithen, C.J., Horton and Johnson, JJ.