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Ex parte White

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 8, 2017
No. 10-17-00360-CR (Tex. App. Nov. 8, 2017)

Opinion

No. 10-17-00360-CR

11-08-2017

EX PARTE WESLEY WELLINGTON WHITE


Original Proceeding

MEMORANDUM OPINION

A petition for writ of habeas corpus was filed on October 31, 2017 which alleged that Wesley Wellington White had not obtained his freedom as purportedly ordered by Louise Pearson, the former Clerk of the Court of Criminal Appeals. White did not present the petition for filing himself, but because of the placement of White's name and the manner in which it was referenced, the Court construed the document presented as a petition for writ of habeas corpus on behalf of White. There are procedural problems with White's petition but we use Rule 2 to look beyond those problems and dismiss the petition. TEX. R. APP. P. 2.

This Court, as an intermediate appellate court, has no jurisdiction over post-conviction writs of habeas corpus. See TEX. CODE CRIM. PROC. ANN. arts. 11.05; 11.07, § 3(a), (b) (West 2015); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) ("only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings"); Ramirez v. State, 36 S.W.3d 660, 664 (Tex. App.—Waco 2001, pet. ref'd) (no original jurisdiction of any criminal habeas corpus proceeding). We also lack jurisdiction to grant mandamus relief in matters related to a post-conviction writ application. See McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992) (Court of Criminal Appeals has jurisdiction to order the trial court to rule on applicant's post-conviction writ of habeas corpus).

Because White's request relates to a post-conviction writ of habeas corpus, we have no jurisdiction to grant any relief. Accordingly, we dismiss White's petition for writ of habeas corpus.

TOM GRAY

Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Petition dismissed
Opinion delivered and filed November 8, 2017
Do not publish
[OT06]


Summaries of

Ex parte White

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 8, 2017
No. 10-17-00360-CR (Tex. App. Nov. 8, 2017)
Case details for

Ex parte White

Case Details

Full title:EX PARTE WESLEY WELLINGTON WHITE

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Nov 8, 2017

Citations

No. 10-17-00360-CR (Tex. App. Nov. 8, 2017)