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In re Nickerson

Court of Appeals Fifth District of Texas at Dallas
Dec 16, 2013
No. 05-13-01692-CV (Tex. App. Dec. 16, 2013)

Opinion

No. 05-13-01692-CV

12-16-2013

IN RE KEITH NICKERSON, Relator


DISMISS; and Opinion Filed December 16, 2013.

Original Proceeding from the 265th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F-9204999-NR


MEMORANDUM OPINION


Before Justices Moseley, Fillmore, and Brown

Opinion by Justice Fillmore

Relator files his petition for writ of mandamus seeking to compel the 265th Judicial District Court and the Court of Criminal Appeals to rule on his writs of habeas corpus. The facts and issues are well known to the parties, so we need not recount them herein. This Court does not have mandamus jurisdiction over matters arising from post-conviction habeas corpus proceedings. Only the convicting court and the Court of Criminal Appeals have jurisdiction in such cases. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2005); In re Curry, No. 05-08-00064-CV, 2008 WL 311018, at *1 (Tex. App.-Dallas Feb. 5, 2008, orig. proceeding) (mem. op.). This Court does not have mandamus jurisdiction over the Texas Court of Criminal Appeals in any event. TEX. GOV'T CODE ANN. § 22.221 (West 2004).

Accordingly, we DISMISS relator's petition for writ of mandamus.

_______________________


JUSTICE
131692F.P05


Summaries of

In re Nickerson

Court of Appeals Fifth District of Texas at Dallas
Dec 16, 2013
No. 05-13-01692-CV (Tex. App. Dec. 16, 2013)
Case details for

In re Nickerson

Case Details

Full title:IN RE KEITH NICKERSON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 16, 2013

Citations

No. 05-13-01692-CV (Tex. App. Dec. 16, 2013)

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