Opinion
NO. WR-85,324-01
10-05-2016
EX PARTE TYRONE JACKSON, Applicant
ON APPLICATION FOR AN ORIGINAL WRIT OF HABEAS CORPUS FROM HARRIS COUNTY
JOHNSON, J., filed a concurring opinion in which ALCALÁ, J., joined. CONCURRING OPINION
Applicant has filed an application for a writ of habeas corpus, but his application indicates that he has not yet gone to trial or agreed to some other disposition of the charges. Some of his asserted claims are cognizable before trial (e.g., speedy trial), others are not (e.g., ineffective assistance of counsel), but all such complaints must first be presented to the trial court. See Ex parte Valdez, 489 S.W.3d 462, 465 (Tex. Crim. App. 2016).
[T]his Court will accept a "Constitutional writ" application as an original matter only in extraordinary circumstances. The applicant must first seek appropriate relief at the appropriate trial-level court. The refusal of an appropriate trial-level court to issue the writ after being presented with a colorable claim will generally constitute an extraordinary circumstance. We emphasize that, for the purpose of establishing extraordinary circumstances, the court of conviction is ordinarily the appropriate
court in which to first seek relief, if it has habeas jurisdiction. And if a trial-level court issues the writ but denies relief, the applicant's remedy is an appeal from that determination, not an original writ with this Court.
Because the trial court has not been afforded an opportunity to consider applicant's complaints, this Court properly denies leave to file. Filed: October 5, 2016
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