From Casetext: Smarter Legal Research

In re Dingler

Court of Appeals of Texas, Fifth District, Dallas
Jun 27, 2022
No. 05-22-00594-CV (Tex. App. Jun. 27, 2022)

Opinion

05-22-00594-CV 05-22-00595-CV05-22-00596-CV 05-22-00597-CV

06-27-2022

IN RE JOSEPH DINGLER, Relator


Original Proceedings from the County Court at Law No. 2, Rockwall County, Texas Trial Court Cause Nos. CR19-1769, CR19-1770, CR19-1771 & CR19-1772

Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Garcia

MEMORANDUM OPINION

DENNISE GARCIA, JUSTICE

Joseph Dingler has filed an original petition for writ of habeas corpus contending he is being illegally detained on pending misdemeanor charges in Rockwall County.

In the body of his petition, relator also asks for original habeas relief for a hold Travis County placed on him for a misdemeanor charge in Travis County. Because Travis County lies outside our district, we are without jurisdiction and take no action on relator's request for relief on the Travis County misdemeanor case. See Tex. Gov't Code § 22.201(f); see also Tex. Code Crim. Proc. art. 11.09 (requiring article 11.09 habeas application be brought before county judge in county in which misdemeanor is charged).

This Court does not have original jurisdiction to consider petitions seeking habeas relief generated in connection with criminal proceedings. See Tex. Code Crim. Proc. art. 11.05; Tex. Gov't Code § 22.221(d); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.-Amarillo 2017, orig. proceeding); In re Ayers, 515 S.W.3d 356, 356-57 (Tex. App.-Houston [14th Dist.] 2016, orig. proceeding) (per curiam); see also In re Thomas, 05-14-01320-CV, 2014 WL 6546580, at *1 (Tex. App.- Dallas Oct. 23, 2014, orig. proceeding) (mem. op.).

We dismiss for want of jurisdiction relator's original petition for writ of habeas corpus.


Summaries of

In re Dingler

Court of Appeals of Texas, Fifth District, Dallas
Jun 27, 2022
No. 05-22-00594-CV (Tex. App. Jun. 27, 2022)
Case details for

In re Dingler

Case Details

Full title:IN RE JOSEPH DINGLER, Relator

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

Date published: Jun 27, 2022

Citations

No. 05-22-00594-CV (Tex. App. Jun. 27, 2022)