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In re Kelley

Court of Appeals Fifth District of Texas at Dallas
Oct 29, 2014
No. 05-14-01346-CV (Tex. App. Oct. 29, 2014)

Opinion

No. 05-14-01346-CV

10-29-2014

IN RE MYRAN ANDRE KELLEY, Relator


Original Proceeding from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F06-72844-WQ

MEMORANDUM OPINION

Before Chief Justice Wright, Justice FitzGerald, and Justice Francis
Opinion by Justice Francis

Relator filed this petition for writ of mandamus contending that the district clerk has failed to transmit his petition for writ of habeas corpus to the Texas Court of Criminal Appeals as required by the Texas Code of Criminal Procedure.

This Court has mandamus jurisdiction over the district clerk only when the district clerk's actions interfere with this Court's jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (West 2004). The intermediate courts of appeals have no original jurisdiction over petitions for habeas corpus relief in connection with criminal proceedings. See TEX. GOV'T CODE ANN. § 22.221(d) (West 2004) (limiting habeas corpus jurisdiction of intermediate courts of appeals to civil matters); TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2005) (granting original jurisdiction in cases seeking writs of habeas corpus in criminal cases to the court of criminal appeals, districts courts, and county courts). Consequently, any complaints about action or inaction on a matter related to a post-conviction petition for writ of habeas corpus must be brought by mandamus to the court of criminal appeals and not to this Court. In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). We DISMISS the petition for want of jurisdiction. 141346F.P05

/Molly Francis/

MOLLY FRANCIS

JUSTICE


Summaries of

In re Kelley

Court of Appeals Fifth District of Texas at Dallas
Oct 29, 2014
No. 05-14-01346-CV (Tex. App. Oct. 29, 2014)
Case details for

In re Kelley

Case Details

Full title:IN RE MYRAN ANDRE KELLEY, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 29, 2014

Citations

No. 05-14-01346-CV (Tex. App. Oct. 29, 2014)