Opinion
11-22-00013-CR
01-20-2022
EX PARTE JEREMIAH DUNNIGAN
Do not publish. See Tex. R. App. P. 47.2(b).
Original Habeas Corpus Proceeding
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
MEMORANDUM OPINION
PER CURIAM
Jeremiah Dunnigan has filed in this court a pro se application for writ of habeas corpus related to a cause pending in the 106th District Court of Gaines County: Cause No. 21-5683. Dunnigan asserts that his constitutional rights are being violated and that he is being illegally restrained, and he asks this court for habeas relief. We dismiss this proceeding.
In correspondence attached to his application, Dunnigan stated that he previously sent the application to the Gaines County District Clerk but that she returned it to Dunnigan. When a person who is confined after indictment on a felony charge wishes to seek relief by way of habeas corpus, "he may apply to the judge of the court in which he is indicted." Tex. Code Crim. Proc. Ann. art. 11.08 (West 2015). Because Dunnigan has already attempted to file his application with the district clerk, we are forwarding his application to the district clerk with instructions that it be filed there.
This court has no jurisdiction over Dunnigan's original application for writ of habeas corpus. This court's authority to exercise original jurisdiction is limited. See Tex. Const. art. V, §§ 5, 6 (providing that the Court of Criminal Appeals has the power to issue writs of habeas corpus and that intermediate courts of appeals only have original jurisdiction as prescribed by law); Tex. Gov't Code Ann. § 22.221 (West Supp. 2021) (limited writ powers granted to the courts of appeals). Furthermore, an intermediate appellate court "does not possess original habeas corpus jurisdiction of a bail issue" in a criminal case. Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.-Amarillo 2009, no pet.); see Ex parte Enriquez, 2 S.W.3d 362, 363 (Tex. App.-Waco 1999, orig. proceeding); Denby v. State, 627 S.W.2d 435 (Tex. App.-Houston [1st Dist.] 1981, orig. proceeding); see also Tex. Code Crim. Proc. Ann. art. 11.05 (West 2015) (providing that district courts, county courts, and the Court of Criminal Appeals have power to issue writs of habeas corpus).
Because we lack jurisdiction over Dunnigan's application for writ of habeas corpus, we dismiss this proceeding for want of jurisdiction.