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In re Baldwin

Court of Appeals of Texas, Third District, Austin
Aug 23, 2024
No. 03-24-00521-CV (Tex. App. Aug. 23, 2024)

Opinion

03-24-00522-CV

08-23-2024

In re John Therrin Baldwin


ORIGINAL PROCEEDING FROM TRAVIS COUNTY.

Before Kelly, Smith, and Theofanis, Justices.

MEMORANDUM OPINION

Rosa Lopez Theofanis, Justice.

Relator John Therrin Baldwin has filed a pro se petition for writ of mandamus asking this Court to direct the Travis County District Clerk to transmit a copy of his application for writ of habeas corpus and all related filings to the Court of Criminal Appeals in accordance with article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. art. 11.07, § 3(c).

Article 11.07 vests complete jurisdiction over post-conviction relief from final felony convictions in the Texas Court of Criminal Appeals. See id. art. 11.07; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) ("Jurisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with this Court."); In re Watson, 253 S.W.3d 319, 320 (Tex. App.- Amarillo 2008, orig. proceeding) (explaining in context of application for writ of habeas corpus, that applicant seeking relief from action or inaction of convicting court "may seek mandamus relief from the Court of Criminal Appeals"). Further, relator seeks a writ of mandamus against the Travis County District Clerk and has not shown how the writ is necessary to enforce this Court's jurisdiction. See Tex. Gov't Code § 22.221(a) (authorizing courts of appeals to issue writs of mandamus "necessary to enforce the jurisdiction of the court"), (b) (generally authorizing courts of appeals to issue writs against judges of specified courts).

Because we lack jurisdiction to grant the requested relief, we dismiss Baldwin's petition for writ of mandamus. See Tex. Code Crim. Proc. art. 11.07; Tex. Gov't Code 22.221(a), (b).


Summaries of

In re Baldwin

Court of Appeals of Texas, Third District, Austin
Aug 23, 2024
No. 03-24-00521-CV (Tex. App. Aug. 23, 2024)
Case details for

In re Baldwin

Case Details

Full title:In re John Therrin Baldwin

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

Date published: Aug 23, 2024

Citations

No. 03-24-00521-CV (Tex. App. Aug. 23, 2024)