Summary
dismissing relator's petition for writ of mandamus when relater sought to compel district court to transmit habeas corpus application and related filings to Court of Criminal Appeals
Summary of this case from In re LaMountainOpinion
NO. 03-14-00163-CV
03-11-2016
In re Michael Lynn Justice
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Michael Lynn Justice, an inmate in the Texas Department of Criminal Justice, has filed a pro se petition for writ of mandamus, seeking to compel the Travis County District Clerk to transmit copies of his application for writ of habeas corpus, any answers filed, the convicting court's findings, and all related filings to the Texas Court of Criminal Appeals in accordance with article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. art. 11.07, § 3(c).
Article 11.07 vests complete jurisdiction over post-conviction relief from final felony convictions in the Court of Criminal Appeals. See Tex. Code Crim. Proc. art. 11.07; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). As a result, a petition for mandamus relief concerning the processing of an article 11.07 application for writ of habeas corpus is properly directed to the Court of Criminal Appeals and not to an intermediate court of appeals. See In re Watson, 253 S.W.3d 319, 320 (Tex. App.—Amarillo 2008, orig. proceeding) (explaining that applicant for writ of habeas corpus in felony case may complain about action or inaction of convicting court by seeking mandamus relief from Court of Criminal Appeals).
Further, this Court's mandamus jurisdiction is expressly limited to: (1) writs against a district court judge or county court judge in this Court's district, and (2) all writs necessary to enforce our jurisdiction. See Tex. Gov't Code § 22.221. Thus, we have no authority to issue a writ of mandamus against a district clerk unless it is necessary to enforce our jurisdiction. See id.; In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Relator has not demonstrated that issuing mandamus against the district clerk is necessary to enforce our jurisdiction. See In re Guajardo, No. 03-11-00821-CV, 2012 WL 254675, at *1 (Tex. App.—Austin Jan. 25, 2012, orig. proceeding) (mem. op.) (dismissing relator's petition for writ of mandamus when relator sought to compel district court to transmit habeas application and related filings to Court of Criminal Appeals).
The petition for writ of mandamus is dismissed for want of jurisdiction.
/s/_________
Scott K. Field, Justice Before Justices Puryear, Goodwin, and Field Filed: March 11, 2016