Opinion
NO. 14-20-00376-CR
06-16-2020
IN RE BRENT AARON MARSHALL, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
10th District Court Galveston County, Texas
Trial Court Cause No. 19-CR-2338
MEMORANDUM OPINION
On May 18, 2020, relator Brent Aaron Marshall filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Kerry L. Neves, presiding judge of the 10th District Court of Galveston County, to take action on relator's application for a writ of habeas corpus and dismiss the indictment.
Relator is seeking habeas corpus relief. The courts of appeals have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov't Code Ann. § 22.221(d)). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Id. (citing Tex. Code Crim. Proc. Ann. art 11.05). Therefore, this court is without jurisdiction to consider relator's petition requesting habeas corpus relief.
Accordingly, relator's petition is dismissed for lack of jurisdiction.
PER CURIAM Panel consists of Justices Christopher, Jewell, and Hassan.
Do Not Publish — Tex. R. App. P. 47.2(b).