Opinion
13-22-00364-CR
08-09-2022
IN RE PRINCE CHRISTOPHER JOSEPH DOWNUM
Do not publish. Tex.R.App.P. 47.2 (b).
On Petition for Writ of Habeas Corpus.
Before Justices Benavides, Hinojosa, and Silva
MEMORANDUM OPINION
See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case."); id. R. 47.4 (distinguishing opinions and memorandum opinions).
On August 5, 2022, Prince Christopher Joseph Downum filed a pro se petition for writ of habeas corpus contending generally that he is being illegally restrained in his liberty. Although the petition for writ of habeas corpus is unclear, Downum appears to be raising issues regarding, inter alia, a competency hearing, ineffective assistance of counsel, criminal collusion, and his status as "[sovereign] Native [A]merican Royalty." We lack jurisdiction over Downum's complaints.
Prince Christopher Joseph Downum is also identified in the documentation provided as Christopher Joseph Downum.
The Texas Constitution grants the intermediate courts of appeals original jurisdiction only where specifically prescribed by law. See Tex. Const. art. V, § 6(a); Dall. Morning News v. Fifth Ct. of Apps., 842 S.W.2d 655, 658 (Tex. 1992) (orig. proceeding). The original jurisdiction of a court of appeals to issue a writ of habeas corpus is limited to those cases in which a person's liberty is restrained because the person has violated an order, judgment, or decree that has been rendered in a civil case. See Tex. Gov't Code Ann. § 22.221(d). The intermediate courts of appeals do not have original habeas corpus jurisdiction in criminal matters. See Ex parte Braswell, 630 S.W.3d 600, 601-02 (Tex. App.-Waco 2021, orig. proceeding); In re Quinata, 538 S.W.3d 120, 120 (Tex. App.-El Paso 2017, orig. proceeding); In re Ayers, 515 S.W.3d 356, 356 (Tex. App.-Houston [14th Dist.] 2016, orig. proceeding) (per curiam). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. See Tex. Code Crim. Proc. Ann. art. 11; Ex parte Braswell, 630 S.W.3d at 601; Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.-El Paso 1994, orig. proceeding) (per curiam).
The Court, having examined and fully considered the petition for writ of habeas corpus and the applicable law, is of the opinion that we lack jurisdiction over Downum's claims. Accordingly, we dismiss the petition for writ of habeas corpus for want of jurisdiction.