Opinion
No. 05-16-01259-CV No. 05-16-01260-CV
10-27-2016
IN RE TADAREOUS L. JACKSON, Relator
Original Proceeding from the Criminal District Court No. 5 Dallas County, Texas
Trial Court Cause Nos. F09-53871-L, F09-53872-L
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Stoddart
Opinion by Justice Fillmore
Before the Court is relator's October 25, 2016 "Request to File §11.07 Writ of Habeas Corpus" seeking a writ of habeas corpus based on "newly discovered evidence" and "scientific evidence." This request for a post-conviction writ of habeas corpus is a collateral attack on relator's convictions. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Id.; In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, no pet.); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (by granting writ of mandamus to vacate judgment of conviction, court of appeals usurped exclusive authority of court of criminal appeals to grant post-conviction relief). We do not have jurisdiction over relator's request. Accordingly, we dismiss relator's October 25, 2016 "Request to File §11.07 Writ of Habeas Corpus" for want of jurisdiction.
/s/ Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE 161259F.P05