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In re Kelley

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 8, 2017
NO. 03-17-00319-CV (Tex. App. Jun. 8, 2017)

Opinion

NO. 03-17-00319-CV

06-08-2017

In re Tommy Joe Kelley


ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Tommy Joe Kelley has filed a petition for writ of mandamus, asking this Court to order the 390th Judicial District Court of Travis County to conduct an evidentiary hearing on three applications for writ of habeas corpus that Kelley has filed with the Texas Court of Criminal Appeals pursuant to article 11.07 of the Texas Code of Criminal Procedure. However, when an article 11.07 application has been filed, only the Court of Criminal Appeals has jurisdiction to issue a writ of mandamus pertaining to any article 11.07 proceedings in the trial court. Accordingly, we dismiss Kelley's petition for want of jurisdiction.

See Padieu v. Court of Appeals of Texas, 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).

/s/_________

Bob Pemberton, Justice Before Justices Puryear, Pemberton, and Goodwin Filed: June 8, 2017


Summaries of

In re Kelley

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 8, 2017
NO. 03-17-00319-CV (Tex. App. Jun. 8, 2017)
Case details for

In re Kelley

Case Details

Full title:In re Tommy Joe Kelley

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jun 8, 2017

Citations

NO. 03-17-00319-CV (Tex. App. Jun. 8, 2017)