Opinion
No. 10-14-00401-CR
01-22-2015
EX PARTE WILLIAM M. WINDSOR
From the 40th District Court Ellis County, Texas
Trial Court No. 14-158
ORDER
The notice of appeal from the habeas trial court's denial of appellant's "first amended application for writ of habeas corpus" and appellant's "emergency motion for discharge or bail" were transmitted to this Court by appellant on December 19, 2014 via FedEx and were received and filed on December 23, 2014.
In appellant's "emergency motion for discharge or bail," he requests, among other things, relief in the form of release on a personal recognizance bond pending this appeal. While appellant's documents were in transit to this Court, appellant was released by the habeas trial court on a personal recognizance bond on December 19, 2014. At the direction of the Court, in a January 9, 2015 letter, the Clerk of this Court asked appellant to file a response addressing whether his "emergency motion for discharge or bail" is moot because of his release on a personal recognizance bond.
In his response, which was filed on January 13, 2015, appellant contends that his "emergency motion for discharge or bail" is not moot because his personal recognizance bond was revoked by the habeas trial court because he failed to appear at a December 30, 2014 hearing that he alleges he was not given notice of.
The Court dismisses as moot appellant's "emergency motion for discharge or bail" because appellant was released on a personal recognizance bond.
The Court denies appellant's request that the Court grant emergency relief for events that occurred after the filing of his "first amended application for writ of habeas corpus" in the habeas trial court and after his release on a personal recognizance bond because those matters are not properly before this Court in this appeal from the habeas trial court's denial of the "first amended application for writ of habeas corpus;" i.e., they are matters that were not before the habeas trial court when it denied the "first amended application for writ of habeas corpus."
On January 14, 2015, appellant filed a second "motion for emergency relief." He requests that we immediately consider his appeal because his personal recognizance bond was revoked. Because the record and briefs have not yet been filed, and because appellant seeks emergency relief for events that occurred after the filing of his "first amended application for writ of habeas corpus" in the habeas trial court and after his release on a personal recognizance bond—matters that are not properly before this Court in this appeal from the habeas trial court's denial of the "first amended application for writ of habeas corpus" because they were not before the habeas trial court—the Court denies appellant's "motion for emergency relief."
Furthermore, to the extent that appellant is requesting original habeas corpus relief from this Court in his emergency motions, the Court dismisses for lack of jurisdiction such requests because the courts of appeals do not have original habeas corpus jurisdiction in criminal law matters. Ex parte Hearon, 3 S.W.3d 650 (Tex. App.—Waco 1999, orig. proceeding).
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Order issued and filed January 22, 2015
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