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In re Durham

Court of Appeals Ninth District of Texas at Beaumont
Jul 15, 2015
NO. 09-15-00256-CR (Tex. App. Jul. 15, 2015)

Opinion

NO. 09-15-00256-CR

07-15-2015

IN RE WILLIAM DURHAM


Original Proceeding

MEMORANDUM OPINION

William Durham petitioned for a writ of mandamus, in which he asks that the court compel the District Clerk of Liberty County, Texas to process his application for a post-conviction writ of habeas corpus. See generally Tex. Code Crim. Proc. Ann. art. 11.07 (West 2015). The petition does not invoke this Court's mandamus jurisdiction. See Tex. Gov't Code Ann. § 22.221 (West 2004) (A court of appeals may issue a writ of mandamus against a judge of a district or county court in the court's district, or issue a writ that is necessary to enforce the jurisdiction of the court.); see also Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (instructing that the Texas Court of Criminal Appeals possesses sole authority to grant relief in a post-conviction habeas corpus proceeding filed in state court). Accordingly, we dismiss the petition for writ of mandamus.

PETITION DISMISSED.

PER CURIAM Submitted on July 14, 2015
Opinion Delivered July 15, 2015
Do Not Publish
Before Kreger, Horton, and Johnson, JJ.


Summaries of

In re Durham

Court of Appeals Ninth District of Texas at Beaumont
Jul 15, 2015
NO. 09-15-00256-CR (Tex. App. Jul. 15, 2015)
Case details for

In re Durham

Case Details

Full title:IN RE WILLIAM DURHAM

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Jul 15, 2015

Citations

NO. 09-15-00256-CR (Tex. App. Jul. 15, 2015)