From Casetext: Smarter Legal Research

Ex parte Stewart

Court of Appeals For The First District of Texas
May 25, 2021
NO. 01-20-00747-CR (Tex. App. May. 25, 2021)

Opinion

NO. 01-20-00747-CR

05-25-2021

EX PARTE MARK D. STEWART, Relator


Original Proceeding on Petition for Writ of Habeas Corpus

MEMORANDUM OPINION

Mark D. Stewart has filed an original proceeding application for writ of habeas corpus, complaining that he is being unlawfully restrained by an invalidly-amended criminal indictment.

The underlying case is The State of Texas v. Mark D. Stewart, cause number 1661232, pending in the 248th District Court of Harris County, Texas, the Honorable Hillary Unger presiding. --------

This Court has no power to issue writs of habeas corpus in criminal cases. The Government Code provides appellate courts with the power to issue habeas corpus relief only when the relator is restrained for violation of an order rendered by the court or judge in a civil case. See TEX. GOV'T CODE § 22.221(d). Because we have no power to issue habeas relief in a criminal case, we must dismiss for lack of jurisdiction. See In re Ayers, 515 S.W.3d 356, 356-57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding).

Accordingly, we dismiss the petition. Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Guerra, and Farris. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Ex parte Stewart

Court of Appeals For The First District of Texas
May 25, 2021
NO. 01-20-00747-CR (Tex. App. May. 25, 2021)
Case details for

Ex parte Stewart

Case Details

Full title:EX PARTE MARK D. STEWART, Relator

Court:Court of Appeals For The First District of Texas

Date published: May 25, 2021

Citations

NO. 01-20-00747-CR (Tex. App. May. 25, 2021)