From Casetext: Smarter Legal Research

In re McGowan

Court of Appeals of Texas, Fourteenth District, Houston
Aug 25, 2005
No. 14-05-00806-CV (Tex. App. Aug. 25, 2005)

Opinion

No. 14-05-00806-CV

Memorandum Opinion filed August 25, 2005.

Original Proceeding Writ of Habeas Corpus.

Petition for Writ of Habeas Corpus Dismissed for Lack of Jurisdiction.

Panel consists of Chief Justice HEDGES and Justices YATES and ANDERSON.


MEMORANDUM OPINION


On August 4, 2005, relator Gerald D. McGowan, who is confined in the Harris County Jail, filed a petition for writ of habeas corpus in this court. See TEX. R. APP. P. 52. In his petition, relator sought to have this court order him released from custody, or alternatively, reduce his bond amount to $5,000.

According to his petition, relator did not file an application for writ of habeas corpus in the trial court. We are unable to consider relator's petition because our authority to entertain petitions for writ of habeas corpus extends solely to the actions of judges in civil cases. See TEX. GOV'T CODE ANN. § 22.221(d). Our habeas corpus jurisdiction in criminal matters is appellate only, and we may not exercise original jurisdiction. See Ex Parte Denby, 627 S.W.2d 535, 435 (Tex.App.-Houston [1st Dist.] 1981, orig. proceeding).

Therefore, we dismiss relator's petition for lack of jurisdiction


Summaries of

In re McGowan

Court of Appeals of Texas, Fourteenth District, Houston
Aug 25, 2005
No. 14-05-00806-CV (Tex. App. Aug. 25, 2005)
Case details for

In re McGowan

Case Details

Full title:IN RE GERALD D. McGOWAN, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Aug 25, 2005

Citations

No. 14-05-00806-CV (Tex. App. Aug. 25, 2005)