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In re Cloud

Court of Appeals of Texas, Fifth District, Dallas
Nov 17, 2006
No. 05-06-01510-CV (Tex. App. Nov. 17, 2006)

Opinion

No. 05-06-01510-CV

Opinion issued November 17, 2006.

Original Proceeding from the 195th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F93-61603-N and F93-61604-N.

Writ of Mandamus Dismissed.

Before Justices MORRIS, RICHTER, and MAZZANT.


MEMORANDUM OPINION


In his mandamus petition, relator complains that the trial judge has failed to recuse himself from relator's application for habeas corpus relief pursuant to Article 11.07 of the Texas Code of Criminal Procedure. The courts of appeals have no authority to issue writs of mandamus in criminal law matters pertaining to proceedings under article 11.07. Tex. Code Crim. Proc. Ann. art. 11.07, § 5 (Vernon 2005); In re McFee, 53 S.W.3d 715, 717-18 (Tex.App.-Houston [1st Dist.] 2001, no pet.). Accordingly, we DISMISS relator's request for mandamus relief for want of jurisdiction. See Tex.R.App.P. 52.8.


Summaries of

In re Cloud

Court of Appeals of Texas, Fifth District, Dallas
Nov 17, 2006
No. 05-06-01510-CV (Tex. App. Nov. 17, 2006)
Case details for

In re Cloud

Case Details

Full title:IN RE JOHN CLOUD, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 17, 2006

Citations

No. 05-06-01510-CV (Tex. App. Nov. 17, 2006)

Citing Cases

In re Blanco

This Court does not have jurisdiction over relator's petition. See Tex. Code Crim. Proc. Ann. art. 11.07…