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In re Suitor

Court of Appeals of Texas, Third District, Austin
Mar 1, 2022
No. 03-22-00079-CV (Tex. App. Mar. 1, 2022)

Opinion

03-22-00079-CV

03-01-2022

In re William Randy Suitor


ORIGINAL PROCEEDING FROM COMAL COUNTY

Before Chief Justice Byrne, Justices Kelly and Smith

MEMORANDUM OPINION

CHARI L. KELLY, JUSTICE

Relator William Randy Suitor, an inmate in the Comal County Jail, filed a pro se original petition for writ of habeas corpus. See Tex. Gov't Code § 22.221; see also Tex.R.App.P. 52.1. Relator complains that he has been unlawfully confined pursuant to a defective indictment.

This Court does not have original habeas corpus jurisdiction in criminal cases. See Tex. Const. art. V, § 6; Tex. Gov't Code § 22.221(d) (limiting original habeas corpus jurisdiction of courts of appeals to situations where relator's liberty is restrained by virtue of order, process, or commitment issued by court or judge in civil case); see also Tex. Code Crim. Proc. art. 11.05 (vesting "power to issue the writ of habeas corpus" in "[t]he Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts"). As an intermediate appellate court, our habeas corpus jurisdiction in criminal matters is appellate only. See Tex. Gov't Code § 22.221(d); see also In re Wilkins, No. 03-20-00381-CV, 2020 WL 5608486, at *1 (Tex. App.-Austin Sept. 17, 2020, orig. proceeding).

Accordingly, we dismiss relator's application for writ of habeas corpus for want of jurisdiction. See Tex. R. App. P. 52.8(a).


Summaries of

In re Suitor

Court of Appeals of Texas, Third District, Austin
Mar 1, 2022
No. 03-22-00079-CV (Tex. App. Mar. 1, 2022)
Case details for

In re Suitor

Case Details

Full title:In re William Randy Suitor

Court:Court of Appeals of Texas, Third District, Austin

Date published: Mar 1, 2022

Citations

No. 03-22-00079-CV (Tex. App. Mar. 1, 2022)